Clause 27

Any person aggrieved by a decision mentioned in subsection (2) may appeal to the Minister within 14 days after notice of the decision is served on the person or such extended period as the Minister may allow in any particular case.(2) A decision for the purpose of subsection (1) is any of the following:

a decision by the Board under Part 3A —

refusing to grant or renew a licence under section 23(4)(b);

modifying any condition of or imposing any new condition on a licence;

altering under section 24(4) the description or classification of the person as a tourist guide in a manner that is to the person’s disadvantage;

issuing a direction under section 26A(1) or 28(2), or varying such direction under section 26B(4) or (5) or 28(5E);

suspending or revoking the person’s licence under section 28(1); (vi)requiring the person to pay a financial penalty, including the amount of the financial penalty, under section 28(2); or

debarring the person from applying for or for a renewal of a licence under section 28(2);

a decision by the Controller under Part 3AA —

refusing to grant or renew a cruise terminal licence under section 29B(3);

refusing to amend a cruise terminal licence under section 29B(7);

refusing to allow a transfer or assignment of benefit of a cruise terminal licence under section 29F;

issuing a direction under section 29G(1) or 29K(1), or varying such direction under section 29G(13) or 29L(4) or (5);

requiring the person to pay a financial penalty, including the amount of the financial penalty, under section 29G(1);

debarring the person from applying for or for a renewal of a cruise terminal licence under section 29G(1);

suspending or revoking the person’s cruise terminal licence under section 29G(1);

modifying any condition of or imposing any new condition on a cruise terminal licence, and the amount of any compensation to be provided, under section 29J; (ix)regarding the use of any security deposit under section 29N(2); (x)refusing to approve any charges for the provision of any cruise port services and facilities at a cruise terminal pursuant to regulations made under section 29O;

requiring the person as a cruise terminal licensee to impose on and collect, or not to impose on and collect, any charge or security deposit or late interest under section 29P; or

refusing to grant an approval under section 29R or 29S.(3) An appeal against a decision under subsection (1) does not affect the operation of the decision or prevent the taking of any action to implement the decision unless otherwise provided in this Act or directed by the Minister in any particular case.(4) Any person who makes an appeal to the Minister under subsection (1) must, within the period specified in that subsection —

state the circumstances under which the appeal arises and the issues and grounds for the appeal; and

submit all relevant facts, evidence and arguments in respect of the appeal.(5) Where an appeal has been made to the Minister under subsection (1) —

the Minister may require the appellant, the Board or the Controller (as the case may be) or any person who is not a party to the appeal but appears to the Minister to have any information or document that is relevant to the circumstances under which the appeal arises, to provide the Minister with all or any such information or document as the Minister may require for the purpose of considering and determining the appeal; and (b)any person so required to provide the information or document must provide it in the manner and within the period specified by the Minister.(6) The Minister may reject an appeal of an appellant that fails to comply with subsection (4) or any requirement of the Minister under subsection (5).(7) The Minister may determine an appeal from any decision of the Board or Controller under subsection (2) by —

confirming, varying or reversing the decision; or

requiring the Board or Controller (as the case may be) to reconsider the decision,and the decision of the Minister is final.(8) Every appellant must be notified of the Minister’s decision under subsection (7).(9) The Minister may designate any of the following office‑holders in his or her Ministry to hear and determine, in the Minister’s place, any appeal made under this section:

the Second Minister, if any;

any Minister of State;

any Parliamentary Secretary.(10) In this section (except subsection (9)), a reference to the Minister in relation to an appeal includes a reference to any officer‑holder designated under subsection (9) to hear and determine the appeal.Offences by corporations42B.—

Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that —

an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and

the officer, employee or agent had that state of mind,is evidence that the corporation had that state of mind.(2) Where a corporation commits an offence under this Act, a person —

who is —

an officer of the corporation; or

an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and

who —

consented or connived, or conspired with others, to effect the commission of the offence;

is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or

knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly.(3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear.(4) To avoid doubt, this section does not affect the application of —

Chapters 5 and 5A of the Penal Code 1871; or

the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence.(5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence.(6) In this section —“corporation” includes a limited liability partnership;“officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes —

any person purporting to act in any such capacity; and

for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation;“reasonable steps”, in relation to the commission of an offence, includes, but is not limited to, such action (if any) of the following kinds as is reasonable in all the circumstances:

action towards —

assessing the corporation’s compliance with the provision creating the offence; and

ensuring that the corporation arranged regular professional assessments of its compliance with the provision;

action towards ensuring that the corporation’s employees, agents and contractors are provided with information, training, instruction and supervision appropriate to them to enable them to comply with the provision creating the offence so far as the provision is relevant to them;

action towards ensuring that —

the equipment and other resources; and

the structures, work systems and other processes,relevant to compliance with the provision creating the offence are appropriate in all the circumstances;

action towards creating and maintaining a corporate culture that does not direct, encourage, tolerate or lead to non‑compliance with the provision creating the offence;“state of mind” of a person includes —

the knowledge, intention, opinion, belief or purpose of the person; and

the person’s reasons for the intention, opinion, belief or purpose.(7) The Minister may make rules to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any corporation formed or recognised under the law of a territory outside Singapore.Offences by unincorporated associations or partnerships42C.—

Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that —

an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of his or her actual or apparent authority; and

the employee or agent had that state of mind,is evidence that the unincorporated association or partnership had that state of mind.(2) Where an unincorporated association or a partnership commits an offence under this Act, a person —

who is —

an officer of the unincorporated association or a member of its governing body;

a partner in the partnership; or

an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and

who —

consented or connived, or conspired with others, to effect the commission of the offence;

is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or

knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly.(3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear.(4) To avoid doubt, this section does not affect the application of —

Chapters 5 and 5A of the Penal Code 1871; or

the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence.(5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence.(6) In this section —“officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes —

any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and

any person purporting to act in any such capacity;“reasonable steps” has the meaning given by section 42B(6) except any reference to the corporation is a reference to the unincorporated association or partnership mentioned in subsection (2);“partner” includes a person purporting to act as a partner;“state of mind” of a person includes —

the knowledge, intention, opinion, belief or purpose of the person; and

the person’s reasons for the intention, opinion, belief or purpose.(7) The Minister may make rules to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any unincorporated association or partnership formed or recognised under the law of a territory outside Singapore.”.