Singapore legislation

Clause 2

of Singapore Tourism Board (Amendment) Bill

Clause 2

Amendment of section 2

Section 2 of the Singapore Tourism Board Act 1963 (called in this Act the principal Act) is amended —

(a)

by inserting, immediately after the definition of “associate member”, the following definitions:“ “berth slot” means a specific time on a specific date during which a ship may be berthed at a cruise terminal;“berthing framework” means the requirements or framework established by the Controller to govern the ability of cruise terminal licensees to allocate or refuse to allocate at their respective cruise terminals any berth slot for any ship (whether or not a cruise ship) calling in Singapore, including any matter relating to —

(a)

the prioritisation of berth slots at a cruise terminal, and the re‑allocation of berth bookings between different cruise terminals;

(b)

the requirements and processes for managing berth bookings;

(c)

the rejection of berth bookings from a cruise line that has unpaid fees and charges payable to a cruise terminal licensee where the fees and charges are required to be imposed by the cruise terminal licensee under section 29P;

(d)

the grant of any preferential berthing arrangement to any cruise line, and the conditions of the grant; and

(e)

the use of facilities, resources or technology (such as a common berth booking system) shared between a cruise terminal licensee and —

(i)

any other cruise terminal licensee; or

(ii)

any public authority,and includes any modification made for a particular cruise terminal licensee under section 29I(2)(d);”;

(b)

by inserting, immediately after the definition of “Board”, the following definition:“ “business trust” has the meaning given by section 2 of the Business Trusts Act 2004;”;

(c)

by inserting, immediately after the definition of “committee member”, the following definitions:“ “company” has the meaning given by section 4(1) of the Companies Act 1967;“Controller” means the Controller of Cruise Administration appointed under section 29(1), and includes (except in section 29(2)) any Deputy Controller appointed under section 29(1);“corporation” has the meaning given by section 4(1) of the Companies Act 1967;“cruise line” means any entity offering the services of and operating one or more cruise ships;“cruise port services and facilities” means the services and facilities provided at a cruise terminal connected with or incidental to —

(a)

the berthing of cruise ships;

(b)

the embarkation of passengers and crew onto a cruise ship and their departure from Singapore on board the cruise ship; and

(c)

the disembarkation of passengers and crew from a cruise ship and their entry into Singapore from the cruise ship,including the services and facilities for any of the following:

(d)

the provisioning of cruise ships while berthed;

(e)

the checking‑in and screening of the passengers and crew, and the handling, screening and storage of baggage and cargoes;

(f)

the operation of customs, immigration and quarantine checks and control;

(g)

the movement of the passengers, crew and other persons on and off cruise ships while berthed;

(h)

the operation of security and police services;

(i)

the maintenance and refueling of cruise ships while berthed, and waste disposal;

(j)

the sale and collection of duty‑free items or any other goods;

(k)

the parking of vehicles, and other transport related services and facilities;“cruise ship” means a ship that —

(a)

is primarily used to provide voyages for on‑board leisure or recreation, any part of which is on the high seas; (b)has on‑board accommodation, dining and other facilities for the purposes of on‑board leisure or recreation; and

(c)

has any other characteristic that the Minister may by notification in the Gazette declare, including any characteristic relating to or concerning one or more of the following:

(i)

the tonnage of the ship;

(ii)

the carrying capacity of the ship (whether in relation to passengers, crew or cargo);

(iii)

the duration, routes and frequency of voyages undertaken by the ship;

(iv)

the ports at which the ship calls on any voyage;

(v)

the proportion which the area on the ship for any one or more leisure or recreational activities bears to the area on the ship for any one or more other leisure or recreational activities;

(vi)

the primary purpose for which the ship undertakes any of its voyages,but does not include —

(d)

any ferry or similar ship used solely for the transport on the high seas of any or any combination of passengers, vehicles and cargoes; and

(e)

any ship where the ship or any voyage undertaken by the ship has any characteristic that the Minister may by notification in the Gazette declare;“cruise terminal” means any site comprising terminal buildings, berths, connecting roads and pedestrian walkways, and other associated infrastructure, for use principally in connection with —

(a)

the berthing of cruise ships;

(b)

the embarkation of passengers and crew onto a cruise ship and their departure from Singapore on board the cruise ship; and

(c)

the disembarkation of passengers and crew from a cruise ship and their entry into Singapore from the cruise ship; “cruise terminal licence” means a licence granted under section 29B, and includes a cruise terminal licence which a person is treated as having under section 29C pursuant to an in‑principle approval;“cruise terminal licensee”, in relation to a cruise terminal, means the holder of the cruise terminal licence for that cruise terminal, or the holder of an in‑principle approval treated as a cruise terminal licence under section 29C for that cruise terminal;”;

(d)

by inserting, immediately after the definition of “inspecting officer”, the following definitions:“ “limited liability partnership” has the meaning given by section 4(1) of the Limited Liability Partnerships Act 2005;“limited partnership” means a limited partnership registered under the Limited Partnerships Act 2008;“Maritime and Port Authority of Singapore” means the Maritime and Port Authority of Singapore established under the Maritime and Port Authority of Singapore Act 1996;”;

(e)

by inserting, immediately after the definition of “member”, the following definitions:“ “operate”, in relation to a cruise terminal, includes managing, maintaining or otherwise exercising control over the operation of, the cruise terminal;“regulatory action” means —

(a)

in relation to a licensee in Part 3A — any action in section 28(1) or (2) that the Board may take against the licensee; and

(b)

in relation to a cruise terminal licensee in Part 3AA — any action in section 29G(1)(j) to (m) that the Controller may take against the licensee;“ship” has the meaning given by section 2(1) of the Merchant Shipping Act 1995;”;

(f)

by inserting, immediately after the word “which” in paragraph (a) of the definition of “tourism enterprise”, the words “, either wholly or in part,”;

(g)

by inserting, immediately after paragraph (a) of the definition of “tourism enterprise”, the following paragraph:“(aa)any business which, either wholly or in part, operates any cruise terminal;”;

(h)

by inserting, immediately after the word “accommodation,” in paragraph (b) of the definition of “tourism enterprise”, the words “entertainment, wellness activities or events, dining, retail,”;

(i)

by inserting, immediately after the words “in part,” in paragraph (c) of the definition of “tourism enterprise”, the words “promotes tourism in Singapore or”;

(j)

by deleting paragraph (d) of the definition of “tourism enterprise” and substituting the following paragraph:“(d)any other undertaking intended wholly or in part for the benefit of visitors to Singapore, or for the purpose of drawing visitors to Singapore, including any of the following: (i)organising or conducting, or otherwise participating in, any convention, exhibition, show, fair or event (whether for business, entertainment, artistic or sporting pursuit, or otherwise);

(ii)

managing or maintaining any museum, theme park or other attraction;

(iii)

conducting any publicity campaign;”; and (k)by deleting the full‑stop at the end of the definition of “tourism‑related product” and substituting a semi‑colon, and by inserting immediately thereafter the following definitions:“ “trustee‑manager”, “unit” and “unitholder” have the meanings given by section 2 of the Business Trusts Act 2004;“unregistered company” has the meaning given by section 245 of the Insolvency, Restructuring and Dissolution Act 2018.”.

Clause 2 — Singapore Tourism Board (Amendment) Bill