Singapore legislation
Clause 46
Clause 46
Saving and transitional provisions
(1)
A specified direction given by the Commission before the appointed day, and which is not withdrawn before the appointed day, continues to be in force as if sections 15 and 23 had not been enacted.
(2)
Parts VII and VIII of the principal Act as in force immediately before the appointed day continue to apply to or in relation to a specified direction as if sections 15 and 23 had not been enacted.
(3)
Section 31 of the principal Act as in force immediately before the appointed day continues to apply as if sections 15 and 23 had not been enacted, where an application is made (whether before, on or after the appointed day) to the Commission to reconsider any of the following:
a direction made by the Commission under section 27(2) or 29(1) or (2) of the principal Act before the appointed day;
a direction or decision made by the Commission under section 28(2) of the principal Act before the appointed day.
(4)
Section 34 of the principal Act as in force immediately before the appointed day continues to apply as if sections 15 and 23 had not been enacted, where an appeal to an Appeal Committee is made (whether before, on or after the appointed day) against any of the following:
a direction made by the Commission under section 27(2) or 29(1) or (2) of the principal Act before the appointed day;
a direction or decision made by the Commission under section 28(2) of the principal Act before the appointed day;
a decision made by the Commission under section 31(4)(b) of the principal Act (whether before, on or after the appointed day) in relation to any direction or decision mentioned in paragraph (a) or (b).
(5)
Section 35 of the principal Act as in force immediately before the appointed day continues to apply as if sections 15 and 23 had not been enacted, where an appeal is made (whether before, on or after the appointed day) against or with respect to a direction or decision of an Appeal Committee made under section 34(4) of the principal Act before the appointed day or under section 34(4) as continued by subsection (4).
(6)
For the purposes of subsections (4) and (5), in relation to an appeal made on or after the appointed day under section 34 of the principal Act as in force immediately before the appointed day (as applied by subsection (4)) —
a reference to the Chairman of the Appeal Panel is a reference to the Chairman of the Appeal Panel mentioned in subsection (8) or appointed under section 48P(3) of the principal Act as amended by this Act; and
a reference to the Appeal Committee is a reference to an Appeal Committee constituted before the appointed day under section 33(4) of, read with the Seventh Schedule to, the principal Act as in force immediately before that day or under section 48P(4) of, read with the Seventh Schedule to, the principal Act as amended by this Act.
(7)
A person who is a member of the Appeal Panel immediately before the appointed day continues to be a member of the Appeal Panel as if the person were appointed under section 48P(2) of the principal Act as amended by this Act, until the expiry, or earlier revocation of or resignation from, that appointment.
(8)
The person who is the Chairman of the Appeal Panel immediately before the appointed day continues to be the Chairman of the Appeal Panel as if the person were appointed under section 48P(3) of the principal Act as amended by this Act, until the expiry, or earlier revocation of or resignation from, that appointment.
(9)
An Appeal Committee constituted to hear an appeal before the appointed day continues on and after the appointed day as the Appeal Committee for that appeal, in accordance with the Seventh Schedule to the principal Act as in force immediately before that day.
(10)
Where no Appeal Committee has been constituted before the appointed day for the purpose of hearing an appeal mentioned in subsection (4), an Appeal Committee may be constituted on or after the appointed day under section 48P(4) of the principal Act as amended by this Act for that purpose.
(11)
A reference in section 58, 59 and 60 of the principal Act, on or after the appointed day —
to the Appeal Panel includes a reference to the Appeal Panel validly established before the appointed day; and
to an Appeal Committee includes a reference to an Appeal Committee validly constituted before the appointed day.
(12)
For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by regulations, prescribe such additional provisions of a saving or transitional nature consequent on the enactment of that provision as the Minister may consider necessary or expedient.
(13)
In this section —
Definition
“appointed day” means the date of commencement of sections 15 and 23 of the Personal Data Protection (Amendment) Act 2020;
Definition
“specified direction” means —
a direction made by the Commission under section 27(2) or 29(1) or (2) of the principal Act before the appointed day;
a direction or decision made by the Commission under section 28(2) of the principal Act before the appointed day; or
a decision made by the Commission under section 31(4)(b) of the principal Act before the appointed day.