Singapore legislation

Clause 4

of Consumer Protection (Fair Trading) (Amendment) Bill

Clause 4

Amendment of section 7

Section 7 of the principal Act is amended —

(a)

by deleting subsections (1) and (2) and substituting the following subsections:“(1) Notwithstanding section 5(1) of the Small Claims Tribunals Act (Cap. 308), a Small Claims Tribunal shall have jurisdiction to hear and determine —

(a)

any action under section 6(1) insofar as the action relates to an unfair practice involving a relevant contract;

(b)

any action under section 8(6), (7) or (8) insofar as the action relates to an undertaking in respect of an unfair practice involving a relevant contract;

(c)

any action under any regulations made under section 11 insofar as the action relates to a relevant contract, a time share contract or a time share related contract;

(d)

any action under any provisions specified under section 20(2)(j), insofar as the action relates to a relevant contract; or

(e)

any action insofar as it relates to a deposit paid in relation to or in contemplation of a motor vehicle sale contract.(2) In subsection (1), “relevant contract” means a contract referred to in section 5(1)(a) (contract for the sale of goods or the provision of services) or (c) (contract for the lease of residential premises that does not exceed 2 years) of the Small Claims Tribunals Act (Cap. 308), and does not include a hire-purchase agreement or sale of immovable property.(2A) For the avoidance of doubt, subsections (2) to (5) of section 5 of the Small Claims Tribunals Act shall apply, with the necessary modifications, to a Small Claims Tribunal exercising the jurisdiction conferred by subsection (1).”; and

(b)

by inserting, immediately after subsection (9), the following subsection:“(10) For the purposes of subsection (9)(b), if any specified dispute resolution scheme was available to the consumer in respect of the dispute, the court shall consider whether the consumer had sought to resolve the dispute through such a scheme.”.