Digital Infrastructure Bill · cl 20

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—(1) This section applies where a licensee —(a)fails, without reasonable excuse, to comply with section 15 (duty to take measures to ensure security and resilience of major foundational digital infrastructure service);(b)contravenes or fails 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; (c)fails to comply with any condition of the major FDI licence; or(d)fails, without reasonable excuse, to comply with a written direction issued under section 17(1) or (3),and continues, after the contravention or failure to comply, to provide the major foundational digital infrastructure service that is the subject of the major FDI licence —(e)whether from within or outside Singapore, to users in Singapore; or(f)wholly or partially from Singapore, to users in or outside Singapore.(2) On the occurrence of a contravention or failure to comply mentioned in subsection (1) (other than subsection (1)(d)), the Authority may, instead of or in addition to taking any action under section 19(1) or (2) (revocation or suspension of major FDI licence, etc.), order the licensee to pay a financial penalty of an amount not exceeding the higher of the following amounts:(a)$1 million;(b)10% of the licensee’s annual turnover in Singapore.(3) On the occurrence of a failure to comply mentioned in subsection (1)(d), the Authority may, instead of or in addition to taking any action under section 19(1) or (2) (revocation or suspension of major FDI licence, etc.), order the licensee to pay a financial penalty of an amount not exceeding $100,000.(4) The order mentioned in subsection (2) or (3) must specify the date by which the financial penalty is to be paid.
This section applies where a licensee —(a)fails, without reasonable excuse, to comply with section 15 (duty to take measures to ensure security and resilience of major foundational digital infrastructure service);(b)contravenes or fails 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; (c)fails to comply with any condition of the major FDI licence; or(d)fails, without reasonable excuse, to comply with a written direction issued under section 17(1) or (3),and continues, after the contravention or failure to comply, to provide the major foundational digital infrastructure service that is the subject of the major FDI licence —(e)whether from within or outside Singapore, to users in Singapore; or(f)wholly or partially from Singapore, to users in or outside Singapore.
On the occurrence of a contravention or failure to comply mentioned in subsection (1) (other than subsection (1)(d)), the Authority may, instead of or in addition to taking any action under section 19(1) or (2) (revocation or suspension of major FDI licence, etc.), order the licensee to pay a financial penalty of an amount not exceeding the higher of the following amounts:(a)$1 million;(b)10% of the licensee’s annual turnover in Singapore.
On the occurrence of a failure to comply mentioned in subsection (1)(d), the Authority may, instead of or in addition to taking any action under section 19(1) or (2) (revocation or suspension of major FDI licence, etc.), order the licensee to pay a financial penalty of an amount not exceeding $100,000.
The order mentioned in subsection (2) or (3) must specify the date by which the financial penalty is to be paid.

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cl 20Financial penalty

(1)

This section applies where a licensee —

(a)

fails, without reasonable excuse, to comply with section 15 (duty to take measures to ensure security and resilience of major foundational digital infrastructure service);

(b)

contravenes or fails 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; (c)fails to comply with any condition of the major FDI licence; or

(d)

fails, without reasonable excuse, to comply with a written direction issued under section 17(1) or (3),and continues, after the contravention or failure to comply, to provide the major foundational digital infrastructure service that is the subject of the major FDI licence —

(e)

whether from within or outside Singapore, to users in Singapore; or

(f)

wholly or partially from Singapore, to users in or outside Singapore.

(2)

On the occurrence of a contravention or failure to comply mentioned in subsection (1) (other than subsection (1)(d)), the Authority may, instead of or in addition to taking any action under section 19(1) or (2) (revocation or suspension of major FDI licence, etc.), order the licensee to pay a financial penalty of an amount not exceeding the higher of the following amounts:

(a)

$1 million;

(b)

10% of the licensee’s annual turnover in Singapore.

(3)

On the occurrence of a failure to comply mentioned in subsection (1)(d), the Authority may, instead of or in addition to taking any action under section 19(1) or (2) (revocation or suspension of major FDI licence, etc.), order the licensee to pay a financial penalty of an amount not exceeding $100,000.

(4)

The order mentioned in subsection (2) or (3) must specify the date by which the financial penalty is to be paid.