Singapore legislation

Clause 17

of Telecommunication Authority of Singapore Bill

Clause 17

Saving for things done under licence

(1)

A licence may, with the consent of or in accordance with the terms of a general authority given by the Minister, be granted by the Authority, either unconditionally or subject to any conditions specified in the licence, and either irrevocably or subject to revocation as therein specified, for the running of any such system falling within subsection (1) of section 15 of this Act as is specified in the licence; and nothing done under, and in accordance with, a licence granted under this subsection shall constitute an infringement of the privilege conferred by that subsection.

(2)

A licence granted under subsection (1) of this section may be granted either to any person, to persons of a class or to a particular person, and may include (without prejudice to the power to impose conditions conferred by that subsection) conditions requiring the payment to the Authority of a fee on the grant of the licence or the payment to it of periodic fees during the currency of the licence, or both.

(3)

A payment required by virtue of this section to be rendered to the Authority may be recovered by it in any court of competent jurisdiction as if it were a simple contract debt.

(4)

The grant of a licence under subsection (1) of this section not being one expressed to be granted to a specified person shall be notified in the Gazette.

(5)

No person shall be concerned to inquire whether the grant of a licence under subsection (1) of this section was, or was not, effected with the consent of or in accordance with the terms of a general authority given by the Minister; and the validity of a licence granted under that subsection shall not be impugned on the ground that it was granted neither with the consent of nor in accordance with the terms of a general authority given by him.

(6)

Nothing in this section shall prevent the Minister from directing the Authority to issue a licence in any specific case and any person aggrieved by a refusal of the Authority to issue a licence may appeal to the Minister within fourteen days of such refusal and the Minister’s decision thereon shall be final.

(7)

If on the occurrence of any public emergency or in the interest of public safety or tranquillity the Minister is of the opinion that the operation of telecommunication (including radio communication) by persons under licence under this section, or the communications so conveyed should be subject to the control of the Government, he may by publication of a notice to that effect in the Gazette and until further notice, subject the operation of such telecommunication in Singapore to such orders, rules or regulations as the Minister may make either before or after the occurrence of the emergency and such orders, rules and regulations may —

(a)

prohibit or regulate such use in all cases or of such cases as may be deemed necessary;

(b)

provide for the taking of, the control or the usage for official purposes of all or any such telecommunication system and apparatus and the payment of compensation for any damage caused thereby;

(c)

provide for the stopping, delaying and censoring of communications and the carrying out of any other purposes which the Minister thinks necessary.Except that nothing in such orders, rules or regulations shall apply to the use of telecommunication for the purpose of making or answering signals of distress.