Clause 23

Except where otherwise expressly provided, this Part applies to, and in relation to —

all individuals, whether resident in Singapore or not and whether citizens of Singapore or not; and

all bodies corporate or unincorporate, whether incorporated, formed, established, or carrying on business in Singapore or not.(2) Every person who, outside Singapore, commits an act or omission that, if committed in Singapore, would constitute an offence under this Part, is deemed to commit the act or omission in Singapore and may be proceeded against, charged, tried and punished accordingly.Subdivision (2) — Designation of entitiesDesignation of designated operating entities and designated equity interest holders64.—

The Authority may by notification in the Gazette —

designate an entity that provides any essential transport service in Singapore, or any business trust through which any essential transport service is provided in Singapore, as a designated operating entity; or

designate an entity that holds any equity interest in a designated operating entity as a designated equity interest holder,if the Authority considers that the designation is necessary in the public interest.(2) The Authority must inform the Minister of the Authority’s decision to designate an entity before publishing the notification under subsection (1) but the failure to do so does not invalidate the designation.(3) The notification under subsection (1) —

must specify the date on which the designation takes effect; and

must be published in the Gazette at least 14 days before the date that the designation takes effect.(4) The Authority may by notification in the Gazette cancel a designation at any time.Subdivision (3) — Control of designated entitiesNotice to Authority by 5% controller of Class 2 designated operating entity or designated equity interest holder65.—

This section applies only in relation to a designated entity that is a Class 2 designated operating entity or a designated equity interest holder.(2) If a person becomes a 5% controller of a designated entity on or after the effective designation date as a result of an increase in the holding of equity interest, or in the voting power controlled, by that person or any associate of that person, that person must within 7 days after becoming the 5% controller give written notice to the Authority of that fact.(3) Any person who contravenes subsection (2) shall be guilty of an offence.(4) In any proceedings for a contravention of subsection (2), it is a defence for the accused to prove that the accused —

was not aware of the contravention when it occurred; and

notified the Authority of the contravention within a period of 14 days after becoming aware of the contravention.(5) In any proceedings for a contravention of subsection (2), it is also a defence for the accused to prove that, though the accused was aware of the contravention —

the contravention occurred as a result of an increase in the holding of equity interest, or in the voting power controlled, by any of the associates of the accused, in the designated entity;

the accused has no agreement or arrangement (whether oral or in writing and whether express or implied) with that associate with respect to the acquisition, holding or disposal of equity interests or other interests, or under which they act together in exercising their voting power, in relation to the designated entity; and

the accused notified the Authority of the contravention within a period of 7 days after the contravention.(6) Except as provided in subsections (4) and (5), it is not a defence in any proceedings for a contravention of subsection (2) to prove that the accused did not intend to or did not knowingly contravene subsection (2).Approvals of Authority in relation to equity interests and control of voting power in designated entities in certain cases66.—

Except with the prior written approval of the Authority, a person must not —

as a result of an increase in the holding of equity interest, or in the voting power controlled, by that person or any associate of that person, become a 5% controller, 25% controller, 50% controller or 75% controller of a Class 1 designated operating entity on or after the effective designation date;

as a result of an increase in the holding of equity interest, or in the voting power controlled, by that person or any associate of that person, become a 25% controller, 50% controller or 75% controller of a Class 2 designated operating entity or designated equity interest holder on or after the effective designation date; or

as a result of a decrease in the holding of equity interest, or in the voting power controlled, by that person or any associate of that person, cease to be a 25% controller, 50% controller or 75% controller of a designated entity on or after the effective designation date.(2) Subsection (1) does not apply if the transaction through which a person becomes a 5% controller, 25% controller, 50% controller or 75% controller, or ceases to be a 25% controller, 50% controller or 75% controller, is entered into before the effective designation date.(3) A person must not become an indirect controller of a designated entity on or after the effective designation date unless the person has obtained the prior written approval of the Authority.(4) The Authority may approve an application under subsection (1)(a) or (b) or (3) if the Authority is satisfied that —

the person who is to become a 5% controller, 25% controller, 50% controller, 75% controller or indirect controller of a designated entity and every associate of that person known to the Authority, are fit and proper persons;

the provision of any essential transport service by the following (whichever is applicable) will continue to be secure and reliable:

the designated operating entity of which the person is to become a 5% controller, 25% controller, 50% controller, 75% controller or indirect controller;

the trustee‑manager of the designated operating entity of which the person is to become a 5% controller, 25% controller, 50% controller, 75% controller or indirect controller;

in the case where the person is to become a 5% controller, 25% controller, 50% controller, 75% controller or indirect controller of a designated equity interest holder — the designated operating entity, or the trustee‑manager of the designated operating entity, in relation to which the designated equity interest holder is so designated;

having regard to the influence of the person mentioned in paragraph (a) and every associate of that person known to the Authority, the following requirements are met:

if the designated entity is a designated operating entity — the designated operating entity or, if the designated operating entity is a business trust, its trustee‑manager, will continue to conduct the business of the designated operating entity prudently and comply with the provisions of this Act;

if the designated entity is a designated equity interest holder —

the designated operating entity in respect of which the designated equity interest holder is so designated or, if that designated operating entity is a business trust, its trustee‑manager, will continue to conduct the business of the designated operating entity prudently and comply with the provisions of this Act; and

the designated equity interest holder or, if the designated equity interest holder is a business trust, its trustee‑manager, will continue to comply with the provisions of this Act; and

it is in the public interest to do so.(5) The Authority may approve an application under subsection (1)(c) if the Authority is satisfied that —

the provision of any essential transport service by the following (whichever is applicable) will continue to be safe, reliable and efficient:

the designated operating entity of which the person is a 25% controller, 50% controller or 75% controller;

the trustee‑manager of the designated operating entity of which the person is a 25% controller, 50% controller or 75% controller;

in the case where the person is a 25% controller, 50% controller or 75% controller of a designated equity interest holder — the designated operating entity, or the trustee‑manager of the designated operating entity, in relation to which the designated equity interest holder is so designated;

in the case where the person is a 25% controller, 50% controller or 75% controller of a designated operating entity — the designated operating entity or, if the designated operating entity is a business trust, its trustee‑manager, will continue to conduct the business of the designated operating entity prudently and comply with the provisions of this Act;

in the case where the person is a 25% controller, 50% controller or 75% controller of a designated equity interest holder —

the designated operating entity in respect of which the designated equity interest holder is so designated or, if the designated operating entity is a business trust, its trustee‑manager, will continue to conduct the business of the designated operating entity prudently and comply with the provisions of this Act; and

the designated equity interest holder or, if the designated equity interest holder is a business trust, its trustee‑manager, will continue to comply with the provisions of this Act; and

it is in the public interest to do so.(6) The Authority may —

grant an approval under this section subject to any conditions that the Authority considers appropriate to impose; and

at any time add to, vary or revoke any condition so imposed.(7) Any condition imposed by the Authority under subsection (6) has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, limited liability partnership agreement, partnership contract, trust deed or other constitution of the designated entity in relation to which the application for approval under subsection (1) or (3) is made.(8) Any person who contravenes subsection (1) or (3), or who fails to comply with any condition imposed under subsection (6), shall be guilty of an offence.(9) In any proceedings for a contravention of subsection (1), it is a defence for the accused to prove that —

the accused was not aware of the contravention when it occurred;

the accused notified the Authority of the contravention within a period of 14 days after becoming aware of the contravention; and

if the Authority issued any direction under section 67E relating to the contravention —

the accused complied with the direction within the period determined by the Authority under that section; or

the period determined by the Authority under that section for compliance with the direction has not expired.(10) In any proceedings for a contravention of subsection (1), it is also a defence for the accused to prove that even though the accused was aware of the contravention —

the contravention occurred as a result of an increase or a decrease in the holding of equity interest, or in the voting power controlled, by any of the associates of the accused, in the designated entity;

the accused has no agreement or arrangement (whether oral or in writing and whether express or implied) with that associate with respect to the acquisition, holding or disposal of equity interests or other interests, or under which they act together in exercising their voting power, in relation to the designated entity;

the accused notified the Authority of the contravention within a period of 7 days after the contravention or breach; and

if the Authority issued any direction under section 67E relating to the contravention —

the accused complied with the direction within the period determined by the Authority under that section; or

the period determined by the Authority under that section for compliance with the direction has not expired.(11) In any proceedings for a contravention of subsection (3), it is a defence for the accused to prove that —

the accused was not aware of the contravention when it occurred;

the accused notified the Authority of the contravention within a period of 14 days after the contravention; and

if the Authority issued any direction under section 67E relating to the contravention —

the accused complied with the direction within the period determined by the Authority under that section; or

the period determined by the Authority under that section for compliance with the direction has not expired.(12) Except as provided in subsections (9), (10) and (11), it is not a defence in any proceedings for a contravention of subsection (1) or (3) to prove that the accused did not intend to or did not knowingly contravene subsection (1) or (3).Appointment of chief executive officer, chairperson, director, etc., of designated entity67.—

A Class 1 designated operating entity or, in the case of a Class 1 designated operating entity that is a business trust, its trustee‑manager, must not, on or after the effective designation date, appoint an individual as its chief executive officer, the chairperson of its board of directors or any of its directors, unless the Class 1 designated operating entity or the trustee‑manager (as the case may be) has obtained the prior written approval of the Authority.(2) A Class 2 designated operating entity or designated equity interest holder or, in the case of a Class 2 designated operating entity or designated equity interest holder that is a business trust, its trustee‑manager, must not, on or after the effective designation date, appoint an individual as its chief executive officer or the chairperson of its board of directors unless the Class 2 designated operating entity, designated equity interest holder or trustee-manager (as the case may be) has obtained the prior written approval of the Authority.(3) A person must not, on or after the effective designation date, be appointed as a manager of, or become a partner in, a limited liability partnership that is a designated entity unless the designated entity has obtained the prior written approval of the Authority.(4) A person must not, on or after the effective designation date, become a partner in a partnership that is a designated entity unless the person has obtained the prior written approval of the Authority.(5) The Authority may —

grant an approval under this section subject to any conditions that the Authority considers appropriate to impose; and

at any time add to, vary or revoke any condition so imposed.(6) Any person who contravenes subsection (1), (2), (3) or (4), or who fails to comply with any condition imposed under subsection (5), shall be guilty of an offence.(7) This section has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, limited liability partnership agreement, partnership contract, trust deed or other constitution, of the designated entity or the trustee‑manager of the designated entity in relation to which the application for approval under subsection (1), (2), (3) or (4) is made.Acquisition of business of designated operating entity as going concern67A.—

A person must not, on or after the effective designation date, acquire as a going concern, a designated operating entity’s business of providing any essential transport service (or any part of such business) unless —

the person; and

the designated operating entity or, if the designated operating entity is a business trust, its trustee‑manager,have obtained the prior written approval of the Authority.(2) An application for the Authority’s approval under subsection (1) must be —

made jointly by the persons mentioned in subsection (1)(a) and (b); and

made in such form and manner as the Authority may specify.(3) The Authority may approve an application under subsection (1) if the Authority is satisfied that —

the person acquiring the business or part is a fit and proper person;

after the acquisition, the provision of the essential transport service mentioned in subsection (1) will continue to be secure and reliable;

in the case where after the acquisition, the designated operating entity continues to carry on part of the business mentioned in subsection (1) — the designated operating entity or, if the designated operating entity is a business trust, its trustee‑manager, will continue to conduct the business of the designated operating entity prudently and comply with the provisions of this Act; and

it is in the public interest to do so.(4) The Authority may —

grant an approval under this section subject to any conditions that the Authority considers appropriate to impose; and

at any time add to, vary or revoke any condition so imposed.(5) This section has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, limited liability partnership agreement, partnership contract, trust deed or other constitution, of the designated operating entity.(6) Any person who contravenes subsection (1), or who fails to comply with any condition imposed under subsection (4), shall be guilty of an offence.Occurrence of certain events67B.—

A designated entity or, in the case of a designated entity that is a business trust, its trustee-manager, must notify the Authority of any of the following agreements at least 14 days before entering into the agreement:

in the case of a designated entity that is a designated operating entity — an agreement for the outsourcing of a material function performed by the designated operating entity in the provision of any essential transport service;

any agreement prescribed under section 102.(2) Subsection (1) does not apply in relation to any agreement entered into before the expiry of 14 days after the effective designation date.(3) A designated entity or, in the case of a designated entity that is a business trust, its trustee-manager, must notify the Authority of the occurrence of any of the following events within 7 days after becoming aware of the occurrence:

in the case of a designated entity that is a designated operating entity —

any civil or criminal proceedings (whether in Singapore or elsewhere) instituted against the designated entity or, if the designated entity is a business trust, its trustee‑manager, that materially impedes or impairs the operations of the designated entity carried out in the course of providing any essential transport service; or

any other event or irregularity that materially impedes or impairs the operations of the designated entity carried out in the course of providing any essential transport service;

the designated entity or, if the designated entity is a business trust, its trustee‑manager, being or becoming, or being likely to become, insolvent;

the designated entity or, if the designated entity is a business trust, its trustee‑manager —

being wound up or subject to any receivership or judicial management order; or

entering into a compromise or scheme of arrangement;

in the case of a designated entity that is a business trust — the business trust being wound up or deregistered or the making of an application for the deregistration of the business trust;

any other event prescribed under section 102.(4) Subsection (3) does not apply where the designated entity or trustee‑manager (as the case may be) becomes aware of the occurrence of the event before the effective designation date.(5) The Authority may, upon receiving a notification under subsection (1) or (3) in relation to an agreement or the occurrence of an event, direct the designated entity or trustee‑manager in question to submit to the Authority any information or document relating to the agreement or event within the period specified by the Authority.(6) Any person who —

contravenes subsection (1) or (3);

fails to comply with a direction of the Authority under subsection (5); or

submits any false or misleading information or document in compliance or purported compliance with a direction of the Authority under subsection (5),shall be guilty of an offence.Duty of designated entity or trustee‑manager to report changes of equity and control of certain persons67C.—

If a designated entity or, in the case of a designated entity that is a business trust, its trustee‑manager, becomes aware that —

a person has, on or after the effective designation date, become a 5% controller, 25% controller, 50% controller or 75% controller of the designated entity;

a 25% controller, 50% controller or 75% controller of the designated entity has, on or after the effective designation date, ceased to be a 25% controller, 50% controller or 75% controller (as the case may be) of the designated entity;

a person has, on or after the effective designation date, become an indirect controller of the designated entity; or

in a case where the designated entity is a designated operating entity — a person has, on or after the effective designation date, acquired as a going concern, the designated operating entity’s business of providing any essential transport service (or any part of such business),the designated entity or trustee-manager (as the case may be) must inform the Authority in writing within 7 days after becoming aware of that fact.(2) A person who contravenes subsection (1) shall be guilty of an offence.Restrictions on voluntary winding up, etc., of designated operating entities67D.—

Despite any other written law —

a designated operating entity that is a corporation or limited liability partnership cannot be wound up voluntarily without the consent of the Authority;

a designated operating entity that is a partnership cannot be dissolved —

by a partner giving notice to the other partner or partners (as the case may be) of the partner’s intention to dissolve the partnership; or

by the partners agreeing to dissolve the partnership,without the consent of the Authority;

a designated operating entity that is a business trust cannot be wound up voluntarily without the consent of the Authority;

a person must not make any application under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a designated operating entity that is a corporation, unless that person has served 14 days’ notice in writing of that person’s intention to make that application on the Authority;

no judicial management order under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 may be made in relation to a designated operating entity that is a corporation without the consent of the Authority;

no interim judicial manager or judicial manager may be appointed under section 94 of the Insolvency, Restructuring and Dissolution Act 2018 in respect of a designated operating entity that is a corporation without the consent of the Authority;

a person must not take any step to enforce any security over —

the property of a designated operating entity; or

in the case of a designated operating entity that is a business trust — the trust property of the trust,unless that person has served 14 days’ notice in writing of that person’s intention to take that step on the Authority; and

a person must not take any step to execute or enforce any judgment or order of court obtained against a designated operating entity unless that person has served 14 days’ notice in writing of that person’s intention to take that step on the Authority.(2) The Authority must be a party to —

any proceedings relating to the making of an order under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a designated operating entity that is a corporation;

any proceedings relating to the making of a judicial management order under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a designated operating entity that is a corporation;

any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of a designated operating entity that is a company or an unregistered company;

any proceedings under the Limited Liability Partnerships Act 2005 relating to the winding up of the affairs of a designated operating entity that is a limited liability partnership; and

any proceedings before any court for the dissolution, winding up or termination (as the case may be) of any designated operating entity that is an entity not mentioned in paragraph (c) or (d).(3) A court must, when deciding any proceedings mentioned in subsection (2), take into consideration any representations made by the Authority in those proceedings.Subdivision (4) — Remedial directionsRemedial directions relating to section 6667E.—

Subsection (2), (3) or (4) applies if —

the Authority is satisfied that a person (called in this section a defaulter) —

has contravened section 66(1) or (3) or failed to comply with a condition imposed on that person under section 66(6); or

has provided false or misleading information or documents in connection with an application for approval under section 66(1) or (3); or

the Authority would not have granted its approval under section 66(1) or (3) had it been aware, at the time of approval, of circumstances relevant to a defaulter’s application for such approval.(2) Where the defaulter is a 5% controller, 25% controller, 50% controller or 75% controller of the designated entity, the Authority may do any one or more of the following:

direct the defaulter to take such steps as are necessary, within the period specified by the Authority, to cease to be a 5% controller, 25% controller, 50% controller or 75% controller (as the case may be) of the designated entity;

direct the transfer or disposal of all or any of the equity interests in the designated entity held by the defaulter or any of the defaulter’s associates (called in this section and section 67F the section 67E(2) equity interests), within such time and subject to such conditions as the Authority considers appropriate;

restrict or prohibit the transfer or disposal of all or any of the section 67E(2) equity interests, subject to any conditions that the Authority considers appropriate;

make any other direction that the Authority considers appropriate.(3) Where, as a result of a person (called in this subsection the transferee) acquiring any equity interests from the defaulter who is a 25% controller, 50% controller or 75% controller of the designated entity (called in this section and section 67F the section 67E(3) equity interests), the defaulter ceases to be a 25% controller, 50% controller or 75% controller (as the case may be) of the designated entity, the Authority may do one or more of the following:

direct the transferee to take such steps as are necessary, within the period specified by the Authority, to cease to hold all or any of the section 67E(3) equity interests;

direct the defaulter to take such steps as are necessary within the period specified by the Authority, to resume being a 25% controller, 50% controller or 75% controller (as the case may be) of the designated entity;

direct the acquisition, transfer or disposal of all or any of the section 67E(3) equity interests within such time and subject to such conditions as the Authority considers appropriate;

restrict or prohibit the transfer or disposal of all or any of the section 67E(3) equity interests, subject to any conditions that the Authority considers appropriate;

make any other direction that the Authority considers appropriate.(4) Where the defaulter is an indirect controller of the designated entity, the Authority may do one or both of the following:

direct the defaulter, or direct the designated entity or, if the designated entity is a business trust, its trustee‑manager, to take such steps as are necessary, within the period specified by the Authority, to cease to be such an indirect controller or to cause the defaulter to cease to be such an indirect controller;

make any other direction that the Authority considers appropriate.Effect of remedial directions issued under section 67E, etc.67F.—

Any direction issued to a person, and any condition imposed, under section 67E(2) or (3) take effect, despite —

any other written law;

anything in any listing rules as defined in section 2(1) of the Securities and Futures Act 2001; and

the provisions of the memorandum or articles of association, limited liability partnership agreement, partnership contract, trust deed or other constitution of the designated entity in question.(2) Without affecting subsection (1), where any direction is issued under section 67E(2) or (3), then, until the direction is carried out or is suspended or revoked —

the voting rights in respect of the section 67E(2) equity interests or section 67E(3) equity interests that are subject to the direction are not exercisable, unless the Authority expressly permits those rights to be exercised;

the voting power that the person to whom the direction is issued controls, whether alone or together with that person’s associates, in the designated entity is not exercisable, unless the Authority expressly permits that power to be exercised;

no equity interest in the designated entity is to be issued or offered (whether by way of dividends or otherwise) in respect of the section 67E(2) equity interests or section 67E(3) equity interests that are subject to the direction, unless the Authority expressly permits that issue or offer; and

no amount may be paid (whether by way of profits, income or otherwise) in respect of the section 67E(2) equity interests or section 67E(3) equity interests that are subject to the direction, unless the Authority expressly authorises such payment.(3) Subsection (2)(d) does not apply in the event of the winding up, dissolution, termination or deregistration of the designated entity.Remedial directions relating to section 6767G.—

Subsection (2) applies where —

an individual has been appointed in contravention of section 67(1) or (2), or a person has been appointed as a manager of or becomes a partner in a designated entity in contravention of section 67(3) or (4);

any condition of approval imposed under section 67(5) has not been complied with;

any of the following persons has provided false or misleading information or documents to the Authority in connection with an application for approval under section 67(1), (2), (3) or (4):

a designated entity;

the trustee-manager of a designated entity;

the person mentioned in section 67(4); or

the Authority would not have granted its approval under section 67(1), (2), (3) or (4) had it been aware, at the time of approval, of circumstances relevant to a person’s application for such approval.(2) The Authority may issue a direction to the designated entity or trustee‑manager in question (as the case may be) to do as follows (whichever is applicable):

remove the individual as the chief executive officer, the chairperson of the board of directors or a director of the designated entity or trustee‑manager, as the case may be;

remove the person as a manager of or partner in the designated entity.(3) A direction issued under this section (including a direction varied under section 67I(2)) has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, limited liability partnership, partnership contract, trust deed or other constitution, of the designated entity or trustee‑manager in question.(4) Nothing in subsection (2) is to be taken as depriving a person who is removed under that subsection of compensation or damages payable to the person in respect of the termination of his or her appointment as the chief executive officer, the chairperson of the board of directors, a director, or the person’s removal as a manager or partner.Remedial directions relating to section 67A67H.—

Subsection (2) applies where —

a person has contravened section 67A(1); or

where the Authority has granted its approval under section 67A(1) —

any condition of approval imposed under section 67A(4) has not been complied with;

either of the joint applicants mentioned in section 67A(1)(a) or (b) has provided false or misleading information or documents to the Authority in connection with the application for the approval;

the Authority would not have granted its approval under section 67A(1) had it been aware, at the time of approval, of circumstances relevant to the application for such approval.(2) The Authority may —

direct the person who has acquired as a going concern the business or part of the business mentioned in section 67A(1) to transfer or dispose of all or any part of the business within such time and subject to such conditions as the Authority considers appropriate;

prohibit or restrict the transfer or disposal of all or any part of the business; or

issue any other direction that the Authority considers appropriate.(3) A direction issued under this section (including a direction varied under section 67I(2)) has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, limited liability partnership, partnership contract, trust deed or other constitution, of the designated operating entity in question.Other provisions relating to remedial directions67I.—

Before issuing any direction to a person under section 67E, 67G or 67H, the Authority must —

unless the Authority decides that it is not practicable or desirable to do so, give the person written notice of the Authority’s intention to issue the direction and specify a date by which the person may make written representations with regard to the direction; and

consider every written representation from the person received on or before the specified date mentioned in paragraph (a).(2) The Authority may, at any time, revoke, vary or discharge, or suspend the operation of, any direction given by it under section 67E, 67G or 67H.(3) Any person who fails to comply with a direction issued by the Authority under section 67E, 67G or 67H (including a direction that is varied under subsection (2)) within the period specified by the Authority shall be guilty of an offence.Subdivision (5) — Business continuityBusiness continuity of designated operating entities67J.—

A designated operating entity or, in the case of a designated operating entity that is a business trust, its trustee‑manager, must —

maintain at all times a plan of action (called in this section a business continuity plan) that sets out —

the procedures and establishes the systems necessary to restore the reliable and secure provision of any essential transport service provided by or through the entity in the event of any disruption to the operations of the designated operating entity carried out in the course of providing the essential transport service; and

such other matters as the Authority may specify; and

submit a copy of the business continuity plan to the Authority for the Authority’s approval within such time specified by the Authority.(2) A designated operating entity or, in the case of a designated operating entity that is a business trust, its trustee‑manager, must review the business continuity plan —

at such frequency as the Authority may specify; or

in the absence of any specification by the Authority under paragraph (a) — once every 5 years.(3) A designated operating entity or, in the case of a designated operating entity that is a business trust, its trustee‑manager, must as soon as practicable notify the Authority of any activation of its business continuity plan and of any action taken or intended to be taken to restore the reliable and secure provision of any essential transport service provided by or through the entity.(4) A designated operating entity or, in the case of a designated operating entity that is a business trust, its trustee‑manager, must within 14 days or any longer period that may be permitted by the Authority, inform the Authority of any material change to the business continuity plan and must submit a copy of the new or amended business continuity plan for the Authority’s approval.(5) Any person who contravenes subsection (1), (2), (3) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.Subdivision (6) — Appeals under this DivisionAppeal to Minister67K.—

Any person who is aggrieved by a decision of the Authority —

to designate an entity under section 64;

to refuse to grant an approval required under section 66, 67 or 67A;

to impose, add to or vary any condition under section 66, 67 or 67A; or

to issue a direction under section 67E, 67G or 67H or to vary a direction under section 67I(2),may, within 14 days after being informed of the decision, appeal to the Minister whose decision is final.(2) Despite the fact that any appeal under subsection (1)(c) is pending in relation to any direction under section 67E, 67G or 67H or any variation of a direction under section 67I(2), that direction or that direction as varied takes effect from the date specified by the Authority, unless the Minister otherwise directs.Designation of others to hear appeals under this Division67L. The Minister may designate any Minister of State, Senior Minister of State, Parliamentary Secretary or Senior Parliamentary Secretary for his or her Ministry, to hear and determine, in the Minister’s place, any appeals or a specific appeal under section 67K; and any reference in that section to the Minister includes a reference to the Minister of State, Senior Minister of State, Parliamentary Secretary or Senior Parliamentary Secretary so designated for that appeal.Subdivision (7) — PenaltiesPenalties under this Division67M. A person guilty of an offence under this Division (except the offence under section 67J(5)) shall be liable on conviction —

in the case of an individual — to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $50,000 for every day or part of a day during which the offence continues after conviction; or

in any other case — to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction.”.