Clause 4

by deleting the words “a specified body” in subsection (1) and substituting the words “the Board”;

by deleting paragraph (c) of subsection (1) and substituting the following paragraph:“(c)if the Court grants relief under paragraph (a) or (b), make in addition one or more of the accompanying orders mentioned in subsection (4).”;

by deleting the words “it appears to the Court” in subsection (2)(b) and substituting the words “the Court is satisfied”;

by deleting the words “is of the opinion that it is” in subsection (3) and substituting the words “considers it”; and

by deleting subsections (4) to (7) and substituting the following subsections:“(4) The accompanying orders for the purposes of subsection (1)(c) are as follows:

an order that the supplier must periodically publish, at the supplier’s expense, for a specified period that the supplier continues to be a supplier, the details of the declaration or injunction in the form and manner and at the intervals as will secure prompt and adequate publicity for the declaration or injunction against the supplier;

an order that the supplier must, before any consumer enters into a contract in relation to a consumer transaction with the supplier during a specified period —

notify the consumer in writing about the declaration or injunction against the supplier; and

obtain the consumer’s written acknowledgment of the notice in sub‑paragraph (i);

an order that the supplier must include in every invoice or receipt issued by the supplier to a consumer during a specified period, a statement that the District Court or High Court has granted a declaration or injunction against the supplier;

an order that the supplier must, within 14 days after any of the following events occurring in a specified period, notify the Board in writing:

a change in the premises or number of premises at which the supplier carries on business as a supplier;

a change in the Internet address or number of Internet addresses through which consumer transactions with the supplier may be entered into;

the supplier converts from a firm or private company to a limited liability partnership under section 20 or 21 of the Limited Liability Partnerships Act (Cap. 163A), respectively;

the supplier undergoes any arrangement, reconstruction or amalgamation under Part VII of the Companies Act (Cap. 50);

the supplier is subject to receivership under Part VIII of the Companies Act;

the supplier is subject to judicial management under Part VIIIA of the Companies Act;

the supplier is subject to winding up under Part X of the Companies Act;

any other event prescribed under this Act;

where the supplier is an individual, an order that the individual must inform the Board in writing if a notifiable event occurs in a specified period;

where the supplier is a partnership that has one or more partners who are individuals, an order that any one or all of those individuals must inform the Board in writing if a notifiable event occurs in a specified period;

an order that the supplier must reimburse the Board for the cost of publishing or causing to be published all or any of the following:

a notice that the Board has commenced an action under subsection (1) against the supplier;

a notice that an interim injunction has been granted against the supplier under subsection (3), and details of the interim injunction;

a notice that an injunction, declaration, or both, have been granted against the supplier under subsection (1), and details of the injunction and declaration.(5) For the purposes of subsection (4)(a) and (g)(ii) and (iii), a reference to the details of a declaration, an injunction or an interim injunction granted against a supplier includes the following:

particulars of the declaration, injunction or interim injunction (as the case may be);

the name of the supplier;

whether the supplier is subject to any other subsisting declaration or injunction, or both, pursuant to any other action commenced under this section;

the address at which the supplier is carrying on the supplier’s business;

where the supplier carries on business through the Internet, the Internet address at which the supplier may enter into a consumer transaction with a consumer.(6) Where the District Court or High Court makes 2 or more accompanying orders mentioned in subsection (4)(a) to (d) against a supplier, the specified period in respect of each of the orders must be the same.(7) Subject to subsections (8) to (11), a reference to a specified period in subsection (4) is a reference to such period specified by the District Court or High Court, not exceeding 5 years or such other period as the Minister may prescribe in place of the 5 years.(8) If a supplier fails to comply with an order mentioned in subsection (4)(a) to (d) accompanying a declaration or injunction made under subsection (1), the District Court or High Court which made the declaration or injunction may, on the application of the Board, extend the specified period in the order to such time not exceeding the maximum period specified in subsection (10).(9) If an individual fails to comply with an order mentioned in subsection (4)(e) or (f) accompanying a declaration or an injunction made under subsection (1), the District Court or High Court which made the declaration or injunction may, on the application of the Board, extend the specified period in the order to such time not exceeding the maximum period specified in subsection (10).(10) In subsections (8) and (9), the aggregate of the specified period and all extensions of time under each of those provisions must not exceed 10 years after the date on which the accompanying order under subsection (4) was made, or such other period as the Minister may prescribe in place of the 10 years.(11) For the purposes of subsections (7) and (10), any period prescribed by the Minister applies to any application made by the Board under subsection (1), (8) or (9) (as the case may be) on or after the date of such prescription.(12) Without prejudice to subsection (8), if a supplier enters into a consumer transaction with a consumer in breach of an accompanying order mentioned in subsection (4)(b), then the consumer may, within 6 months after the date on which the contract was entered into, cancel the contract in accordance with regulations made under section 20(2)(m).(13) Subsections (8), (9) and (12) apply despite any proceedings which may be commenced against the supplier or individual (as the case may be) for contempt of court.(14) If a practice of the supplier has been declared or permanently enjoined by the District Court or High Court as being an unfair practice under this section, the order is, in any other civil proceedings involving the supplier except an appeal from the order, conclusive proof that the practice in question is an unfair practice.(15) In this section and section 10, “notifiable event” means an event specified in the Fifth Schedule.”.