Singapore legislation
Section 11
Section 11
Regulatory action against licensees, etc.
(1)
Subject to this section, the Authority may, without compensation, by written order, take regulatory action described in subsection (2) against a licensee or class licensee if the Authority is satisfied that —
the licensee is contravening or has contravened any condition of its licence, or the class licensee is contravening or has contravened any condition of the class licence, which contravention is not an offence under this Act;
the licensee or class licensee has been convicted, on or after 29 April 2019 but during the term of its licence or the class licence, of any offence under this Act or its subsidiary legislation which is committed on or after that date;
the licence had been obtained by the licensee by fraud or misrepresentation;
the licensee or class licensee has ceased —
to import or distribute films in the course of any business; or
to publicly exhibit films in the course of any business;
the licensee or class licensee has been declared bankrupt, or has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;
the licensee or class licensee has failed to comply with a requirement under subsection (2)(b)(iv) or section 8 or an order under this section to pay a financial penalty;
the licensee has imported or distributed, or publicly exhibited (as the case may be) films in the course of business in contravention of any order of the Authority made under subsection (2)(b)(ii) or (iii); or
the public interest so requires.
(2)
The regulatory action that the Authority may take against a licensee or class licensee is as follows:
with or without forfeiting any security furnished by the licensee under section 8 or this section —
revoke a licence of that licensee; or
disapply the class licence in an order under section 10A(1) with respect to that class licensee;
in lieu of paragraph (a), all or any of the following:
suspend the licence or the application of the class licence (as the case may be) for a period not exceeding 6 months;
for a licensee, remove from the licence any place specified in the licence at which the licensee is authorised to distribute or publicly exhibit a film;
for a licensee, modify the conditions of the licence, about the import, distribution or public exhibition (as the case may be) of films by the licensee;
for a licensee, require the licensee to furnish additional security in the form mentioned in section 8;
for a licensee, forfeit the whole or part of any security furnished by the licensee under section 8 and this section but not exceeding the limit in sub‑paragraph (vi);
for a licensee or class licensee, direct it to pay, within a period specified, a financial penalty of such amount as the Authority thinks fit, being not more than $10,000.
(3)
Before exercising any powers under this section, the Authority must, unless it is not practicable or desirable to do so in the circumstances of the case, give written notice to the licensee or class licensee concerned —
stating that the Authority intends to take regulatory action against the licensee or class licensee under subsection (1);
specifying the type of regulatory action in subsection (2) the Authority proposes to take, and each instance of non‑compliance that is the subject of the regulatory action; and
specifying the time (being not less than 7 days and not more than 28 days after the date the written notice is served on the licensee or class licensee) within which written representations may be made to the Authority with respect to the proposed regulatory action.
(4)
The Authority may decide to take the appropriate regulatory action described in subsection (2) —
after considering any written representation made to it pursuant to the written notice mentioned in subsection (3); or
after the time specified in the written notice under subsection (3)(c) lapses, where no representation is so made.
(5)
However, subsection (3) does not apply where the licensee or class licensee has died or is adjudged a bankrupt, or has been dissolved or wound up, or has otherwise ceased to exist.
(6)
Where the Authority decides under subsection (1) to take regulatory action against a licensee or class licensee, the Authority must serve on the licensee or class licensee concerned a written notice of that decision.
(7)
Any decision by the Authority under subsection (1) does not take effect until the Authority has served the written notice in subsection (6) on the licensee or class licensee concerned, or on a later date specified in that notice.
(8)
An appeal under section 28 against any decision of the Authority under subsection (1) does not prevent that decision from taking effect in accordance with subsection (7).
(9)
Where a decision to revoke a licence or to disapply a class licence under subsection (1) becomes effective —
the Authority must cause notice of the revocation or disapplication (as the case may be) to be published on the Authority’s website; and
as from the date the decision takes effect, the former licensee or former class licensee concerned must stop importing, distributing or publicly exhibiting films except to the extent specially approved by the Authority.
(10)
Any revocation or suspension of any licence, and any disapplication or suspension of the application of a class licence, does not affect —
the enforcement by any person of any right or claim against the licensee or class licensee, or the former licensee or former class licensee (as the case may be); or
the enforcement by the licensee or former licensee, or class licensee or former class licensee (as the case may be), of any right or claim against any person.
(11)
In any proceedings under this section in relation to the conviction of a licensee or class licensee for an offence, the Authority may accept the licensee’s conviction as final and conclusive.
(12)
If the financial penalty imposed under this section in relation to any regulatory action taken by the Authority exceeds the total amount of the deposit placed by the licensee under section 8 and this section, the amount of the excess is a debt due to the Authority.