Commodity Trading Act 1992 · 2020 Revised Edition · Part 6 · Powers of Board
42. Power to issue directions
Feedback & supportLast amended by an amending law of 2019.
Where it appears to the Board that a commodity market, a clearing house or any person has contravened or is contravening any of the provisions of this Act or any regulations made under this Act, or is restraining trading in commodity contracts, the Board may, after giving the market, clearing house or any such person an opportunity of being heard —
Board
“Board” means the Enterprise Singapore Board established by section 3 of the Enterprise Singapore Board Act 2018;
direct the market, clearing house or person to comply with that provision or to cease contravention of that provision; or
direct the market, clearing house or person to desist from restraining trading in commodity contracts,and the market, clearing house or person must comply with the direction.
A clearing house or any person who, without reasonable excuse, fails to comply with a direction given under subsection (1) that is applicable to that person 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 2 years or to both.
clearing house
“clearing house”, in relation to a commodity market, means a body corporate that —(a)clears and settles commodity contracts; and(b)makes adjustments to the contractual obligations arising out of those commodity contracts;
A commodity market, a clearing house or any person aggrieved by any direction given under subsection (1) may, within one month after being notified of the direction, appeal to the General Division of the High Court.
commodity market
“commodity market” means —(a)a market, whether in Singapore or elsewhere, at which commodity contracts are regularly made; or(b)an electronic system, whether operating in Singapore or elsewhere, through which trading in commodity contracts is carried out, but excludes an electronic facility which merely provides price or other information relating to commodity contracts (whether that facility is part of or carried on in conjunction with the provision of any other information not related to commodity contracts) and which does not permit users of the facility to channel orders for, execute transactions in, or make markets in, commodity contracts;
Despite the lodging of an appeal under subsection (3), any direction of the Board given under this section continues to have force and effect until such time as the General Division of the High Court makes a decision on the appeal.