Clause 30

in subsection (1), delete “, unless the context otherwise requires”;

in subsection (1), after the definition of “business trust”, insert —“ “chief executive officer”, in relation to a designated entity or the trustee‑manager of a designated entity, means an individual (by whatever name called) who —

is in the direct employment of, or acting for or by arrangement with, the designated entity or trustee-manager, as the case may be; and

is principally responsible for the management and conduct of the business of the designated entity or trustee‑manager, as the case may be,and includes any individual for the time being performing all or any of the functions of a chief executive officer;“commencement date” means the date of commencement of section 33 of the Transport Sector (Critical Firms) Act 2024;”;

in subsection (1), replace the definitions of “designated business trust” and “designated equity interest holder” with —“ “designated entity” means a designated equity interest holder or a designated operating entity;“designated equity interest holder” means an entity that has been designated as a designated equity interest holder under section 86D, and includes an entity that was designated as such under that section as in force immediately before the commencement date and which designation as such had not been revoked before that date;”;

in subsection (1), replace the definition of “designated public licensee” with —“ “designated operating entity” means —

an entity that has been designated as a designated operating entity under section 86D on or after the commencement date; or

an entity that was designated as a designated public licensee or designated business trust under section 86D as in force immediately before the commencement date, and which designation as such had not been revoked before that date;”;

in subsection (1), replace the definition of “entity” with —“ “effective designation date”, in relation to a designated entity, means —

in the case of an entity that has been designated as a designated operating entity or designated equity interest holder under section 86D on or after the commencement date — the date specified under section 86D(3) on which the designation takes effect; or

in the case of a designated entity that was designated as a designated public licensee, designated business trust or designated equity interest holder under section 86D as in force immediately before the commencement date, and which designation as such had not been revoked before that date — the last day of the period of 14 days after that date;“entity” means any sole proprietorship, partnership, corporation or other body of persons, whether corporate or unincorporate, and includes a business trust;”;

in subsection (1), in the definition of “equity interest”, in paragraphs (a) and (b), replace “body corporate” wherever it appears with “corporation”;

in subsection (1), after the definition of “equity interest”, insert —“ “essential transport service” means —

any marine services and facilities;

any port services and facilities; or

any service specified or described in the Third Schedule —

for, or to support, the provision of sea transport; or

the provision of which by any person is prohibited under any written law unless the person is —

licensed, approved, authorised, permitted, recognised, registered or otherwise allowed by the Authority to provide the service; or

exempted for the purposes of the service;”;

in subsection (1), replace the definition of “indirect controller” with —“ “indirect controller”, in relation to a designated entity, means any person, whether acting alone or together with any other person, and whether with or without holding equity interests or controlling the voting power in the designated entity —

whose directions, instructions or wishes —

the directors or other officers of the designated entity; or

the trustee‑manager (in the case of a designated entity that is a business trust),is accustomed or under an obligation, whether formal or informal, to act in accordance with; or

who is in a position to determine the policy of the designated entity,but does not include —

any person who is —

a director or other officer of the designated entity; or

the trustee‑manager (in the case of a designated entity that is a business trust); or

any person whose directions, instructions or wishes —

the directors or other officers of the designated entity; or

the trustee-manager (in the case of a designated entity that is a business trust),is accustomed to act in accordance with by reason only that the acting is on advice given by the person in that person’s professional capacity;“licensed service” means a service or facility provided under a licence issued by the Authority under any written law;”;

in subsection (1), after the definition of “unit”, insert —“ “unitholder” means a person who holds units in a business trust;”;

replace subsection (2) with —“(2) A reference in this Part to the control of a percentage of the voting power in a designated entity is a reference to the control, whether direct or indirect, of that percentage of the total number of votes that might be cast in —

a general meeting of the designated entity; or

in the case of a designated entity that is a business trust — a general meeting of the unitholders of the business trust.”; and

after subsection (3), insert —“(4) In this Part —

a reference to a chairperson of a board of directors includes an individual (by whatever name called) acting in that capacity;

a reference to the business or operations of an entity that is a business trust is to the business or operations (as the case may be) carried on by the trustee‑manager of the business trust on behalf of the business trust; and

a reference to a condition imposed by the Authority includes a condition added or varied by the Authority.”.