Singapore legislation

Section 464

of Copyright Act 2021

Section 464

Regulatory directions to CMOs and their officers

(1)

Subject to subsection (3), IPOS may, by written notice, give directions to a CMO or any officer of a CMO for any of the following purposes:

(a)

to obtain information about the CMO and its business as a CMO, for the purpose of regulating CMOs in general;

(b)

to secure the CMO’s compliance with its class licence conditions;

(c)

to ensure the good governance of the CMO;

(d)

to investigate or remedy any contravention by the CMO of its class licence conditions;

(e)

where the CMO is under a cessation order, to secure the orderly cessation of the CMO’s business as a CMO.

(2)

The power of IPOS under subsection (1) includes directing a CMO or any officer of a CMO to —

(a)

provide security for the CMO’s compliance with its class licence conditions;

(b)

conduct an audit of the CMO’s business at the expense of the CMO or officer;

(c)

if there is reason to believe, based on credible information, that the CMO has contravened one or more of its class licence conditions —

(i)

submit to an audit of the CMO’s business conducted by or at the direction of IPOS;

(ii)

pay the cost incurred by IPOS for the audit; and

(iii)

pay any other cost incurred by IPOS in relation to the audit, but only if the findings of the audit lead to —

(A)

a financial penalty being imposed on the CMO or an officer of the CMO;

(B)

a regulatory direction to the CMO or an officer of the CMO to turn over the conduct of the CMO’s business to a person appointed by IPOS; or

(C)

a cessation order being made against the CMO;

(d)

secure the removal or appointment of a person as an officer of the CMO;

(e)

turn over the conduct of the CMO’s business to a person appointed by IPOS;

(f)

stop taking on the management of new works or performances; and

(g)

in the case of an officer of the CMO — resign from or otherwise cease to act in that capacity.

(3)

Regulations may require IPOS to give a person an opportunity to make representations in accordance with the prescribed procedure before giving a regulatory direction to the person.

(4)

IPOS may, by written notice, revoke a regulatory direction at any time.

(5)

It is an offence for a person to —

(a)

fail to comply with a regulatory direction; or

(b)

knowingly do anything that prevents or impedes compliance with a regulatory direction.

(6)

A person who commits an offence under subsection (5) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.

(7)

For the purposes of subsection (2)(c) —

(a)

IPOS may certify in writing the cost incurred by IPOS for or in relation to an audit; and

(b)

unless the contrary is proved, the certified cost is presumed to be the cost for or in relation to that audit and is recoverable as a debt due from the CMO or officer to IPOS.

(8)

A regulatory direction has effect despite —

(a)

any written law; and

(b)

in the case of a CMO that is not an individual — anything in the memorandum or articles of association, or other constitution, of the CMO.