Clause 17

in the opinion of the Authority —

the amounts of electricity that can be generated in and imported into Singapore will likely not meet the needs of some consumers in Singapore; or

if no measures are taken, the secure operation of a transmission system of a transmission licensee will be threatened; or

the amounts of electricity being generated in and imported into Singapore do not meet the needs of some consumers in Singapore.Directions for electricity rationing41B.—

Where there is an electricity shortage situation, the Authority may, with the approval of the Minister, give to any one or more persons such directions for the purpose in subsection (2) to do any act in subsection (3) that the Authority considers necessary.(2) The purpose of the directions is to prevent the electricity shortage situation from occurring or continuing, or to deal with or alleviate the electricity shortage situation.(3) A direction may require any person to whom the direction is given to do or not to do any thing in order to regulate the generation, transmission, supply or use of electricity, including —

requiring a person to generate an amount of electricity specified in the direction, or not generate any electricity, for any period specified in the direction or on any specified day or at any specified time of any day in that period;

requiring a person to generate electricity using the type of fuel specified in the direction; and

requiring a person to supply to another person, or requiring a person to use, an amount of electricity specified in the direction, or not to supply or use any electricity, for any period specified in the direction or on any specified day or at any specified time of any day in that period.(4) Directions under this section may be issued at any one or more times during the electricity shortage situation, including to the same person.(5) Where the same direction is to be given to a class of persons, the Authority may, instead of issuing a direction to each person in the class, issue a direction for the class of persons.(6) The Authority must publicise a direction under subsection (5) in such manner as the Authority considers appropriate for bringing the direction to the attention of all persons in the class.(7) A direction under this section remains in force until revoked by the Authority, and such revocation does not prevent the issue of another direction under this section to the same person or class of persons, whether with the same requirements as or different requirements from the direction revoked.(8) The Authority is not required to consult any person, or provide any notice, before issuing any direction under this section.(9) A person (including an electricity licensee) who fails to comply with a direction under subsection (1) shall be guilty of an offence and shall be liable on conviction to one or both of the following:

a fine not exceeding $50,000;

imprisonment for a term not exceeding 3 years,and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.Enforcement of directions41C.—

Where a direction under section 41B requires a reduction in or cessation of the use of electricity at any premises, and the requirement is not complied with, the Authority —

may take such steps as are necessary to reduce or discontinue the supply of electricity to the premises, including by ordering a market support services licensee or transmission licensee to reduce or discontinue the supply of electricity to the premises by any means specified in the order; and

must give the owner or occupier of the premises not less than 6 hours’ written notice of the reduction or discontinuance.(2) The steps in subsection (1) may include the disconnection of any connection to the premises for the purpose of supplying electricity to the premises, whether or not such connection is in use.(3) Where, for purposes of subsection (1)(a), the only way to reduce or discontinue the supply of electricity to any premises would require the Authority, or the market support services licensee or transmission licensee, to enter those or any other premises or physically access any equipment or apparatus at any premises, the Authority, market support services licensee or transmission licensee may, through any person authorised by the Authority, market support services licensee or transmission licensee (as the case may be), enter the premises or physically access the equipment or apparatus at any premises at all reasonable times —

to carry out all works necessary to effect the reduction or discontinuance; and

in any event (for the person authorised by the market support services licensee or transmission licensee) to carry out the order under subsection (1)(a).(4) A person authorised by the Authority, market support services licensee or transmission licensee under subsection (3) must, if requested by any person occupying, or having control or management of, the premises, produce —

some duly authenticated document showing the person’s authority; and

for a person authorised by the market support services licensee or transmission licensee, the order made by the Authority under subsection (1)(a).(5) A supply of electricity that has been reduced or discontinued pursuant to subsection (1)(a) may be increased or restored —

only if the approval of the Authority for the increase or restoration is obtained in the manner and through any person required by the Authority; and

upon the payment of the costs and expenses of such increase or restoration by the person seeking the Authority’s approval.(6) A person who does any act which the person knows or ought reasonably to know obstructs, hinders or otherwise prevents, or is likely to obstruct, hinder or otherwise prevent, any person authorised by the Authority, market support services licensee or transmission licensee (as the case may be) from exercising any power under subsection (3) shall be guilty of an offence.(7) Where a supply of electricity to any premises has been reduced or discontinued pursuant to subsection (1)(a), a person who does any act for the purpose of increasing or restoring the supply of electricity to the premises without the Authority’s approval for the increase or restoration under subsection (5), shall be guilty of an offence and shall be liable on conviction to one or both of the following:

a fine not exceeding $10,000;

imprisonment for a term not exceeding 3 months.(8) Where a supply of electricity to any premises has been reduced or discontinued pursuant to subsection (1)(a), and the supply increased or restored without the approval of the Authority, for so long as the order remains in force, if the amount of electricity used at the premises exceeds the amount permitted under the order, the occupier of the premises shall be guilty of an offence and shall be liable on conviction to one or both of the following:

a fine not exceeding $10,000;

imprisonment for a term not exceeding 3 months,and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.Protection from liability41D.—

The Authority is not liable for any loss or expense suffered by any person in or as a result of complying with any direction made under section 41B(1) or any order made under section 41C(1)(a) by the Authority in good faith and with reasonable care, or as a result of any reduction or discontinuance of any supply of electricity to the person following from such direction or order.(2) A market support services licensee and a transmission licensee are not liable for any loss or expense suffered by any person as a result of the market support services licensee or transmission licensee (as the case may be) complying in good faith and with reasonable care with any order made by the Authority under section 41C(1)(a).(3) The Authority, a market support services licensee, a transmission licensee and any person authorised by the Authority or such licensee, are not liable for any loss or expense, or damage, suffered by any person as a result of the exercise in good faith and with reasonable care of any powers under section 41C(1) or (3) by the person so authorised by the Authority or such licensee.Effect of directions on contracts41E.—

This section applies where —

a direction under section 41B(1) applies to a person (A); and

in order for A to comply with the direction, A must —

take from another person less electricity than what A had contracted to take (including no electricity);

provide another person with less electricity than what A had contracted to provide (including no electricity); or

take from another person less fuel than what A had contracted to take (including no fuel), for the purpose of A generating electricity.(2) No action, suit or other legal proceedings lies against A for or in relation to A’s failure to comply with A’s contractual obligation as described in subsection (1)(b), to the extent that A’s failure is solely attributable to or occasioned by A’s compliance with the direction.(3) Where —

A’s failure is in relation to a contract that is part of a chain of supply; and

A’s failure results in any person (B) that is a party to some other contract in the chain of supply not being able to take or provide the electricity, or take fuel, which B had contracted to take or provide,no action, suit or other legal proceedings lies against B for or in relation to B’s failure to the extent that B’s failure is solely attributable to or occasioned by A’s failure.(4) Despite any rule of law, neither A’s failure nor B’s failure —

constitutes a breach of the contract with A or B (as the case may be) by which any other party to the contract may terminate the contract; or

constitutes an event by which the contract is frustrated,unless provided for in the contract pursuant to subsection (5).(5) Nothing in this section prevents the parties to a contract from specifically providing in the contract for the respective rights and obligations of the parties in the event a party to the contract is unable to take or provide electricity, or take fuel, in the amount contracted for as a result of —

the party complying with a direction under section 41B(1) applicable to the party; or

a party to some other contract in the same chain of supply as the firstmentioned contract complying with a direction under section 41B(1) applicable to the party to such other contract,or otherwise providing for the effect on the firstmentioned contract of any matter mentioned in paragraph (a) or (b).(6) Nothing in this section prevents the parties to a contract entered into before the date of commencement of section 17 of the Energy Transition Measures and Other Amendments Act 2024 from agreeing on or after that date, to make a specific provision in the contract for the respective rights and obligations of the parties mentioned in subsection (5).Requests for information, etc.41F.—

For the purpose of forming its opinion in section 41A(a) and issuing any directions under section 41B(1), the Authority may, by written notice to any person, request the person to furnish to the Authority any information and document within the knowledge of the person or in the person’s custody or under that person’s control, concerning the electricity usage of that person or any other person.(2) Any person who, upon a request mentioned in subsection (1) —

fails to comply with the request;

intentionally alters, suppresses or destroys any information or document required by the request; or

provides to the Authority any information or document that is false, misleading or inaccurate in a material particular, or recklessly provides any such information or document,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.”.