Singapore legislation

Clause 35

Procedure for action against contributors, users, etc., under section 34

(1)

Before giving a direction under section 34, an authorised officer must, unless the authorised officer considers it not practicable or desirable to do so in any particular case, give notice to the contributor, user or authorised individual of a user (each X) concerned —

(a)

stating that the authorised officer intends to direct a System Operator to take action against X under section 34;

(b)

specifying the type of action mentioned in section 34(2) that the authorised officer proposes to direct a System Operator to take, and each instance of contravention that is the subject of the proposed action or the reason or reasons for the proposed action; and

(c)

specifying the time (being not less than 14 days after the date the notice is served on X) within which written representations may be made to the authorised officer with respect to the proposed action.

(2)

The authorised officer may decide to issue a direction under section 34 for the appropriate action to be taken —

(a)

after considering any written representation made to the authorised officer pursuant to the notice mentioned in subsection (1); or

(b)

after the time specified in the notice under subsection (1)(c), if no representation is so made or any written representation made is subsequently withdrawn.

(3)

However, subsection (2) does not apply where X has died, is adjudged bankrupt, has been dissolved or wound up or has otherwise ceased to exist.

(4)

Where the authorised officer decides to issue a direction under section 34 for the appropriate action to be taken against X, the authorised officer must serve a notice of the decision on —

(a)

X; and

(b)

a System Operator.

(5)

A decision by an authorised officer takes effect only on the date specified in the notice.

(6)

A System Operator, on receiving a notice of an authorised officer’s decision under subsection (4)(b), must take the action specified in the notice with effect from the date that the decision takes effect under subsection (5).

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