Digital Infrastructure Bill · As enacted · Part 3 · Licensing of Major Foundational Digital Infrastructure Service Providers
19. Revocation or suspension of major FDI licence, etc.
Official textFrom Singapore Statutes Online, unchanged
Subject to subsection (4), the Authority may by order revoke, or suspend for a period not exceeding one year, a major FDI licence if the Authority is satisfied that there exists cause of sufficient gravity for revoking or suspending the licence (as the case may be) on one or more of the following grounds:
the licensee —
has failed, without reasonable excuse, to comply with section 15 (duty to take measures to ensure security and resilience of major foundational digital infrastructure service);
has contravened or failed to comply with any provision of this Part (other than section 15), which contravention of or non‑compliance with is not an offence under this Act; (iii)has failed to comply with any condition of the licence; or
has failed, without reasonable excuse, to comply with a written direction issued under section 17(1) or (3);
the grant or renewal of the licence had been obtained by fraud or misrepresentation;
a circumstance existed at the time the licence was granted or renewed that the Authority was unaware of, which would have required or permitted the Authority to refuse to grant or renew the licence if the Authority had been aware of the circumstance at that time;
the licensee has ceased to provide the major foundational digital infrastructure service which the licensee was entitled to provide under the licence;
the licensee has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;
the licensee has been convicted of an offence under this Part, or an offence involving fraud, dishonesty or moral turpitude;
it is undesirable in the public interest for the licensee to continue to provide the major foundational digital infrastructure service which the licensee was entitled to provide under the licence.
Subject to subsection (4), the Authority may, in any case where the Authority considers that no cause of sufficient gravity for revoking or suspending a major FDI licence exists, by order —
reduce the duration of the licence;
modify any condition of the licence or impose any other condition as the Authority considers appropriate; or
censure the licensee.
The Authority must give the licensee written notice of —
the Authority’s intention to exercise any power under subsection (1) or (2); and
the date on which the Authority intends to exercise the power.
The Authority must not, during a period of 14 days after the Authority informs the licensee of such intention, exercise any power under subsection (1) or (2) unless the licensee is given an opportunity to be heard, whether in person or by a representative and whether in writing or otherwise.
Where the Authority has by order revoked or suspended a major FDI licence under subsection (1) or made any order under subsection (2) in respect of a licensee, the Authority must serve on the licensee a notice of the order.
An order under subsection (1) by the Authority revoking or suspending a major FDI licence takes effect on the date specified in the order, being a date not earlier than 14 days after the service of the notice of the order on the licensee under subsection (5).
In any proceedings under this section consequent upon the conviction of a licensee for a criminal offence, the Authority must accept the licensee’s conviction as final.
Part 4
Licensing of Data Centre Operators
Part 5
Reconsiderations and Appeals
Part 6
Enforcement
Part 7
Miscellaneous
Part 8
Related Amendments to Cybersecurity Act 2018
Part 9