16. Replacement of Part 12

In the MPA Act, replace Part 12 with —“PART 12LICENCES FOR REGULATED SERVICES Division 1 — GeneralPurposes of this Part

81. The purposes of this Part are to regulate the provision of certain marine services so as to —

promote and facilitate the continuous delivery of safe, secure, reliable, efficient, environmentally sustainable and economical marine services in Singapore; and

ensure the continuity of the operations of the port in Singapore.Interpretation of Part 1282. In this Part —“applicant” means an applicant for or to renew a licence;“capped service” means a regulated service prescribed for the purposes of section 84A;“key appointment holder”, in relation to an applicant or a licensee, means —

if the applicant or licensee is a corporation or limited liability partnership or other body corporate —

a member of the board of directors, the committee or board of trustees or any other governing body of the applicant or licensee, as the case may be; or

any other individual, however designated, who has general management or supervision of the applicant’s or licensee’s provision of the regulated service to which the application or licence (as the case may be) relates;

if the applicant or licensee is a partnership or limited partnership —

a partner of the applicant or licensee, as the case may be; or

any other individual, however designated, who has general management or supervision of the applicant’s or licensee’s business of the regulated service to which the application or licence (as the case may be) relates;

if the applicant or licensee is a sole proprietorship —

the sole proprietor of the applicant or licensee, as the case may be; or

any other individual, however designated, who has general management or supervision of the applicant’s or licensee’s business of the regulated service to which the application or licence (as the case may be) relates; or

in any other case — any individual who has general management or supervision of the applicant’s or licensee’s business of the regulated service to which the application or licence (as the case may be) relates;“licence” means a licence granted under this Part to undertake a regulated service specified in the licence;“licensee” means a person to whom a licence under this Part is granted;“modification” or “modify”, in relation to the conditions of a licence, includes deleting or varying and substituting a condition, and adding a condition;“officer”, in relation to an applicant or a licensee, means —

where the applicant or licensee is a body corporate (including a limited liability partnership) —

an individual for the time being holding the office of chairperson, director, partner, chief executive officer, manager or company secretary (as the case may be) of the body corporate or any position analogous to any of those offices; or

for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation;

where the applicant or licensee is a partnership (including a limited partnership), a partner of the partnership; or

where the applicant or licensee is an unincorporated association (other than a partnership), an individual for the time being holding the office of president, secretary or member (as the case may be) of a committee of the unincorporated association, or any position analogous to any of those offices,and includes any person carrying out the duties of any such office referred to in paragraph (a), (b) or (c) if the office is vacant;“partial suspension” or “partially suspend”, in relation to a licence for a regulated service, means suspension of the licence under section 85E in respect of —

some but not all of the types of unmanned aircraft or maritime device authorised by the licence for use when providing the regulated service; (b)if the licence specifies one or more locations where the regulated service may be provided — some but not all of the locations, or part of a location; or

some aspects of the regulated service authorised by the licence;“prescribed” means prescribed by regulations made under section 119;“representative”, for a licensee who is a provider of a regulated service, means an individual (whether or not an employee or officer of the provider) who —

is directly involved in the day‑to‑day management of the provision of that regulated service;

has access to and is authorised to provide any information relating to the regulated service that is required by or under this Act; and

is authorised to represent, for the purposes of this Act, the provider of the regulated service in providing that service.Unauthorised regulated service83.—

A person commits an offence if the person provides any regulated service when the person —

is not authorised to do so by a licence; and

is not exempt from this section under section 118.

The offence under subsection (1) is a strict liability offence.

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

if the person is an individual — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction; and (b)if the person is not an individual — to a fine not exceeding $500,000 and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction.Division 2 — LicencesApplication for or to renew licence84.—

An application for a licence or the renewal of a licence must be made in accordance with this section.

Unless the Authority allows otherwise, an application for a licence or the renewal of a licence must —

be made in the form and manner specified by the Authority;

be accompanied by an application fee or late application fee, if any;

state the regulated service to which the licence relates; and

be accompanied by any information or documents that the Authority requires.

An application for the renewal of a licence must be made no later than a prescribed period before the date of expiry of the licence unless the Authority allows otherwise. (4) The Authority may reject an application for a licence or the renewal of a licence without further consideration if —

the applicant has not complied with subsection (2) or (3); (b)any information or documents that the Authority considers necessary for a proper consideration of the application, including any information or documents sought by any investigation, inquiry or inspection under subsection (5), has not been provided to the Authority; or

in the case of an application for a licence for a capped service (not being an application mentioned in section 84A(4)) — the application is made outside the application period specified under section 84A(3) for that licence.

Upon receiving an application for a licence or the renewal of a licence, the Authority, or an employee of the Authority who is authorised by the Authority, may carry out such investigations and inquiries in relation to the application as the Authority considers necessary for a proper consideration of the application, which may include an inspection of any of the following that the applicant intends to use for or in connection with providing the regulated service: (a)any premises or facility;

any vessel;

any unmanned aircraft or maritime device;

any equipment or other thing.Capped service and application period84A.—

The Authority may prescribe a regulated service as a capped service if the Authority decides to limit the number of licences for that regulated service.

In deciding to prescribe a regulated service as a capped service, and in determining the number of licences for the capped service and the application period for licences for the capped service, the Authority may consider, and give such weight as the Authority considers appropriate to, any matter or evidence that the Authority considers to be relevant, including all or any of the following matters:

whether there is any demand for the regulated service;

whether the demand for the regulated service is already adequately met by other licensees;

whether the grant of new licences is likely to adversely affect the viability or development of the shipping and port industry in Singapore; (d)where the regulated service is new or entails danger or risk — whether to run a pilot with a limited number of licences;

the impact of the provision of the regulated service on space constraints and the use of any other scarce resource in Singapore.

Where the Authority decides to accept applications for a licence for any capped service, the Authority must specify the application period on the Authority’s Internet website at https://www.mpa.gov.sg or any other prescribed website.

Where any application for a licence for a regulated service is pending immediately before the date that the regulated service is prescribed as a capped service, the Authority may —

reject the application without further consideration; or

if an application period is specified for a licence for the capped service — at the request of the applicant, treat the application as if it were an application for a licence for the capped service made during the application period.

To be clear, a reference to a regulated service in this Act includes a reference to a capped service unless the context otherwise requires.Grant of licence84B.—

The Authority may —

on payment of a licence fee (if any), grant an applicant a licence authorising the applicant to provide a regulated service, generally or at one or more locations specified in the licence; (b)on payment of a renewal fee (if any), renew a licence, with or without modifying the conditions of the licence; or

refuse to grant or renew a licence, as the case may be. (2) In deciding whether an applicant should be granted a licence or whether the applicant’s licence should be renewed, and whether to impose or modify any conditions, the Authority may consider, and give such weight as the Authority considers appropriate to, all or any of the following matters:

whether the applicant does or does not have (or is likely or unlikely to have) the financial capacity and ability to undertake the regulated service specified in the application according to this Act, the conditions of the licence and the applicable standards of performance;

the likelihood that the applicant, in providing the regulated service to which the application relates, will comply with the requirements of this Act, the conditions of the licence and any standard of performance applicable to the regulated service;

whether the applicant is a corporation, a partnership, a limited liability partnership or an unincorporated association;

whether the applicant, and (where the Authority considers it necessary) every officer of the applicant, is a suitable person to be involved in the management and operation of providing the regulated services specified in the application;

the demand for the regulated service specified in the application and the extent to which other licensees can meet that demand;

if the provision of the regulated service involves the use of any vessel, unmanned aircraft, maritime device, equipment or appliance —

the existence of other licensees providing the regulated service using the same type or other types of vessel, unmanned aircraft, maritime device, equipment or appliance, as the case may be;

the design and safety of the vessel, unmanned aircraft, maritime device, equipment or appliance (as the case may be) to be used by the applicant in providing the regulated service; or

the adequacy of facilities and infrastructure necessary for the use of the vessel, unmanned aircraft, maritime device, equipment or appliance (as the case may be) to provide the regulated service;

the design and safety of any equipment, appliance or other thing which the applicant intends to use, construct or install for or in connection with the provision of the regulated service specified in the application;

whether the applicant had provided, or caused or permitted to be provided, any information in connection with the application, which was false or misleading in a material particular;

whether it is contrary to the public interest for the licence to be granted to the applicant;

in relation to the applicant or any officer of the applicant (each called a relevant person) —

any evidence that a relevant person was involved in any prior contravention of a provision or direction given under this Act, whether or not that relevant person was a part of the applicant at the point in time that the power was exercised; (ii)whether a relevant person was an officer of a former licensee that had its licence suspended or revoked by the Authority; (iii)any prior conviction of a relevant person for committing any offence under this Act; (iv)any prior conviction of a relevant person of any offence involving fraud, corruption or dishonesty, whether or not the conviction was in a Singapore court; or

any previous occasions where a relevant person accepted any composition sum offered under any written law for offences mentioned in sub‑paragraph (iii) or (iv).

To be clear, the Authority is not confined to consideration of the matters specified in subsection (2) and may consider, and give such weight as the Authority considers appropriate to, any matter or evidence that the Authority considers to be relevant.Validity of licence84C.—

Every licence granted under this Part is valid for the period specified in the licence and is in force unless the licence is earlier suspended or revoked under section 85E.

If a licence granted under this Part is partially suspended under section 85E, that licence is valid for the period specified in the licence in relation to any aspect of the regulated service authorised by the licence that has not been suspended. Periodic fee84D.—

Each licensee must pay to the Authority, not later than the prescribed date, a periodic fee, if required by regulations made under section 119 for that licence. (2) The periodic fee for a licence is payable for each prescribed period during the validity of a licence.Conditions of licence84E.—

In granting a licence to any person, the Authority may impose any conditions that the Authority considers requisite or expedient having regard to the purposes of this Part.

Without limiting subsection (1), in granting a licence, the Authority may impose conditions —

requiring the licensee to prepare itself to deal with any public emergency;

requiring the licensee to provide aid or assistance during the occurrence of any incident, disaster or emergency in the port or within the territorial waters of Singapore and to use the licensee’s resources for such purposes;

regulating the prices, fees or charges (each called X) to be charged or levied by the licensee for the provision of any regulated services (except for the handling and storage of goods declared to be transhipment goods by the Minister by notification in the Gazette), including —

the fixing of X or the rate of increase or decrease in X;

the fixing of a maximum X or maximum rate of increase or minimum rate of decrease in the maximum X;

the fixing of an average X or an average rate of increase or decrease in the average X;

the setting of policies or principles relating to X; and

the setting of X with reference to a general price index, the cost of production, a rate of return on assets employed or any other specified factors; (d)prohibiting the licensee from engaging in conduct that —

prevents, restricts or distorts competition or misuses any monopoly or market power in relation to any regulated service;

misuses or abuses any dominant position or monopoly or market power in relation to any regulated service; or

may result in a merger (within the meaning given by section 54(2) of the Competition Act 2004) between the licensee and any other person, if that merger is likely to result in a substantial lessening of competition within Singapore for any regulated service,but only where sections 34(1), 47(1) and 54(1) of the Competition Act 2004 do not apply to that conduct;

requiring the licensee to publish information on the regulated services provided by the licensee and the prices, fees or charges for the provision of that service, or make the information available to others, on any website or in any other manner specified by the Authority;

if the provision of the regulated service involves the use of any vessel, unmanned aircraft, maritime device, equipment or appliance (each called Y) —

fixing the types of Y that may be used by the licensee;

fixing the maximum or minimum number, or both, of Y that may be used by the licensee to provide the regulated service; or

fixing the area within the limits of the port in which the licensee may use Y to provide the regulated service;

requiring the licensee —

to appoint, and ensure that at all times there is appointed, one or more persons in Singapore authorised by the licensee to accept, on the licensee’s behalf, service of notices and other documents under this Act; and

to provide the name, address and contact details of the person or persons appointed as required by sub‑paragraph (i);

requiring the licensee —

to nominate, and ensure that at all times there is nominated, one or more representatives each of whom satisfies the prescribed qualifications; and

to provide the name, address and contact details of the representative or representatives nominated as required by sub‑paragraph (i);

requiring the licensee to maintain oversight over the conduct of the licensee’s employees, agents and contractors;

restricting the carrying on by the licensee of any trade or business not related to the activity which the licensee is authorised by its licence to carry on;

controlling and restricting, directly or indirectly, the creation, holding or disposal of shares in the licensee, or of interests in the undertaking of the licensee or any part of the undertaking;

requiring the licensee to keep records relating to financial information about the regulated service provided during such period as may be specified by the Authority and to provide to the Authority such records, upon the Authority’s request;

requiring the licensee to keep and retain records relating to the provision of the regulated service for such period specified by the Authority and to provide to the Authority such records, upon the Authority’s request;

requiring the furnishing of a performance bond, guarantee or any other form of security of such amount and on such terms and conditions as the Authority may determine —

to secure compliance by the licensee with any condition attached to the licence or any standard of performance applicable to the licensee; or

to meet any financial penalty arising out of any regulatory action against the licensee;

requiring the licensee to be insured and maintain insurance for a prescribed minimum amount for the validity period of the licence, under one or more approved policies with an insurer within the meaning of the Insurance Act 1966 against third‑party liabilities for death, personal injury or damage to property which another person may sustain or incur in the course of the provision of the regulated service authorised by the licence; and

requiring the licensee to undergo (at its own cost) such audit as the Authority may require to ascertain the licensee’s compliance with —

the provisions of this Act or a standard of performance applicable to the licensee;

the conditions of the licence granted to that licensee; or

a direction given under this Part.Modifying conditions of licence84F.—

Subject to this section, it is lawful for the Authority to modify the conditions of a licence without compensating the licensee concerned.

Before modifying any condition of a licence, the Authority must give written notice to the licensee holding that licence —

stating that the Authority proposes to make the modification in the manner specified in the notice; and

specifying —

the time (being at least 28 days from the date of service of notice on the licensee) within which the licensee may make written representations to the Authority with respect to the proposed modification; and

the date the proposed modification takes effect and the time within which the licensee must give effect to the modification if —

no written representation is received by the Authority or any written representation made is subsequently withdrawn; or

the licensee informs the Authority of the licensee’s intention to not make any written representations.

If any of the circumstances mentioned in subsection (2)(b)(ii)(A) or (B) occurs —

the modification specified in the notice takes effect on the date specified in the notice corresponding to that circumstance; and

the licensee must give effect to the modification within the time specified in the notice.

Upon receiving any written representation from the licensee, the Authority must consider that representation (unless it is withdrawn) and may —

reject the representation;

amend the proposed modification of any condition of a licence in the manner that the Authority thinks fit having regard to the representation; or

withdraw the proposed modification.

Where —

the Authority rejects any written representation under subsection (4)(a); or

the Authority amends any proposed modification to any condition of a licence under subsection (4)(b),the Authority must issue a written direction to the licensee in question requiring the licensee, within the time specified by the Authority, to give effect to the modification as specified in the notice under subsection (2) or as amended by the Authority, as the case may be.

Subsections (2), (3) and (4) do not apply to or in relation to granting a renewal of a licence with modifications to the conditions of the licence.Restriction on transfer and surrender of licence 84G.—

A licence, and any rights, benefits or privileges under the licence, are not transferable or assignable to any other person unless the Authority consents in writing to the transfer or assignment.

Any consent under subsection (1) may be given subject to compliance with any conditions that the Authority thinks fit to impose, which may include conditions modifying, or requiring or otherwise providing for the making of modifications to, the conditions of the licence; but section 84F does not apply to or in relation to these modifications to the conditions of the licence.

A transfer or an assignment, or purported transfer or assignment, of a licence, or of any rights, benefits or privileges under the licence, is void and of no effect —

if the licence is not capable of transfer or assignment;

if the transfer or assignment, or purported transfer or assignment, is in breach of a condition of the licence; or

if there has, before the transfer or assignment or purported transfer or assignment, been a contravention of a condition subject to compliance with which the consent required by subsection (1) is given.

Every licence is not capable of being surrendered without the written consent of the Authority, and any surrender or purported surrender of a licence is void if it is without such consent.Division 3 — Duties of licenseesGeneral duty of licensee

A prescribed licensee must not appoint an individual as, or allow an individual to become, the licensee’s key appointment holder, unless the licensee has obtained the prior written approval of the Authority. (2) An application for the purposes of obtaining the approval mentioned in subsection (1) must be made by the licensee concerned in the form and manner prescribed.

If an application is made to the Authority for the purposes of obtaining the approval mentioned in subsection (1), the Authority may —

approve the application with or without conditions; or

refuse the application.

An approval granted under this section may include any conditions that the Authority considers appropriate and the Authority may at any time add to, vary or revoke any condition so imposed.

A person who contravenes subsection (1), or who fails to comply with any condition imposed under subsection (3)(a), shall be guilty of an offence.

A person guilty of an offence under subsection (5) shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.

This section has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, limited liability partnership agreement, partnership contract or other constitution, of the licensee in relation to which the application for approval under subsection (1) is made.

In this section and section 85B, “prescribed licensee” means a licensee within any class of licensees prescribed in relation to this section.Removal of key appointment holder85B.—

The Authority may issue a direction to a prescribed licensee to remove an individual as a key appointment holder of the licensee if —

the individual was appointed in contravention of section 85A(1);

any condition of approval for the appointment of the individual imposed under section 85A(3)(a) has not been complied with; or

the Authority would not have granted its approval for the appointment of the individual under section 85A(3) had it been aware, at the time of approval, of circumstances relevant to the application for such approval.

Before issuing any direction to a licensee under subsection (1), the Authority must —

unless the Authority decides that it is not practicable or desirable to do so, give the licensee written notice of the Authority’s intention to issue the direction and specify a date by which the licensee may make written representations with regard to the direction; and

consider every written representation from the licensee received on or before the specified date mentioned in paragraph (a).

The Authority may, at any time, revoke, vary or discharge, or suspend the operation of, any direction given by it under subsection (1).

A direction issued under subsection (1) has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, limited liability partnership agreement, partnership contract or other constitution, of the licensee in question.

Nothing in this section is to be taken as depriving an individual who is removed pursuant to a direction under subsection (1) of compensation or damages payable to the individual in respect of the termination of his or her appointment as the key appointment holder. (6) A person who fails to comply with a direction issued by the Authority under subsection (1) (including a direction that is varied under subsection (3)) within the period specified by the Authority shall be guilty of an offence.

A person guilty of an offence under subsection (6) shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.Division 4 — Directions to licensees and standards of performance Standards of performance for licensees85C.—

The Authority may —

issue one or more standards of performance applicable to licensees generally or specially;

adopt as a standard of performance applicable to licensees, any relevant standard (whether issued in Singapore or otherwise) or document prepared by a person other than the Authority if the Authority considers the document to be suitable for this purpose; or

amend or revoke any standard of performance issued under paragraph (a) or adopted under paragraph (b),with respect to all or any of the matters mentioned in subsection (2) or (3), as the case may be.

The matters for the purposes of subsection (1) include any of the following:

standards of performance relating to the provision of regulated services and the quality of aspects of the provision of regulated services;

measures to deal with safety and safety incidents and accidents in providing a regulated service, and reporting to the Authority those safety incidents and accidents;

other standards of performance relating to the provision of regulated services.

A standard of performance may, in particular, specify the duties and obligations of any licensee in relation to its business operation insofar as it relates to the provision of regulated services in Singapore.

If any provision in any standard of performance is inconsistent with any provision of this Act or the regulations, that provision, to the extent of the inconsistency —

is to have effect subject to this Act and the regulations; or

having regard to this Act and the regulations, is not to have effect.

Where a standard of performance is issued, adopted, amended or revoked by the Authority under subsection (1), the Authority must —

give written notice of the issue, adoption, amendment or revocation (as the case may be) of the standard of performance to every licensee to whom the standard of performance applies;

specify in the notice under paragraph (a) the date of issue, adoption, amendment or revocation, as the case may be; and

ensure that, so long as the standard of performance remains in force, copies of that standard of performance, and of all amendments to that standard of performance, are available for inspection (without charge) by the licensees to whom the standard of performance applies.

No standard of performance, no amendment to an adopted standard of performance, and no revocation of any adopted standard of performance, has any force or effect as an adopted standard of performance until the notice relating thereto is given in accordance with subsection (5).

A standard of performance issued or adopted under this section does not have legislative effect.

Subject to subsection (9), every licensee must comply with the standards of performance applicable to the licensee.

The Authority may, for such time as the Authority may specify, waive the application of any standard of performance or part of a standard of performance, issued or adopted under this section to any particular licensee.Direction to licensee85D.—

The Authority may give a direction to a licensee for or in respect of —

the efficiency, safety, security, reliability, environmental sustainability or quality of the regulated services provided by the licensee; (b)matters relating to public safety within the port or territorial waters of Singapore; or

any matter affecting the interests of the public in connection with the regulated services provided by the licensee.

A direction given under subsection (1) —

may require the licensee concerned (according to the circumstances of the case) to do, or to refrain from doing, for a specified period, things specified in the direction or things that are of a description specified in the direction;

takes effect at such time, being the earliest practicable time, as is determined by or under that direction; and

may be revoked at any time by the Authority.

A direction under this section continues in force until the earlier of the following occurs:

the expiry date (if any) stated in the direction is reached;

the Authority revokes the direction.

Before exercising any powers under subsection (1), the Authority must give written notice to the licensee concerned —

stating that the Authority intends to give a direction to the licensee under this section and the nature of the direction; and

specifying the time (being at least 7 days after the date of service of notice on the licensee) within which written representations may be made to the Authority with respect to the proposed direction.

However, subsection (4) does not apply in the following circumstances:

in an emergency, or where the Authority otherwise considers that it is not practicable or desirable to comply with that subsection in respect of any particular direction;

if the licensee is contravening or not complying with, or has contravened or failed to comply with, any condition of the licensee’s licence;

if the licensee, or a key appointment holder of the licensee, is convicted of any offence involving fraud, corruption or dishonesty or criminal proceedings (whether in Singapore or elsewhere) in relation to such an offence have commenced against the licensee or the key appointment holder. (6) The Authority may, after considering any written representation made pursuant to subsection (4)(b) (if any), decide to give or not to give the direction as the Authority considers appropriate.

The Authority must serve on the licensee concerned a notice of its decision under subsection (6).

Where the Authority gives written notice to the licensee under subsection (4) and the licensee fails to make written representations to the Authority on or by the date mentioned in subsection (4)(b), the Authority must, on a date that is not more than 28 days after the date on which written representations were to have been made under subsection (4)(b), give to the licensee the direction mentioned in subsection (4)(a).

A licensee must comply with every direction given under this section to the licensee as soon as it takes effect.

No civil or criminal liability is incurred by the licensee, or an officer, employee or agent of the licensee, for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with or giving effect to a direction given under this section.Division 5 — Regulatory actionsRevocation or suspension, etc., of licence85E.—

Subject to section 85G, the Authority may revoke (without compensation) the licensee’s licence, with or without forfeiting the whole or part of any performance bond, guarantee or other form of security furnished by the licensee under this Act, if the Authority is satisfied that —

a licensee is contravening or not complying with, or has contravened or failed to comply with —

any condition of the licensee’s licence;

any provision of this Act, the contravention of which is not an offence under this Act;

any provision of a standard of performance applicable to the licensee; or

any direction given to the licensee under subsection (2)(c) or (e) or (3) or section 85D;

the licensee or a key appointment holder of the licensee is convicted of any of the following offences committed during the term of the licence:

any offence under this Act;

an offence, whether in Singapore or elsewhere, involving fraud, corruption or dishonesty or the conviction for which involved a finding that the licensee or key appointment holder had acted dishonestly;

any prescribed offence;

the licensee is not providing a regulated service adequately or satisfactorily;

the licensee fails to provide the regulated service in a safe manner;

the licence has been obtained by fraud or misrepresentation;

the licensee —

is, or is likely to be, declared a bankrupt;

has gone, or is likely to go, into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; or

has made any assignment to, or composition with, its creditors or if a corporation, a limited liability partnership or an unregistered company is unable to pay its debts; or

the public interest so requires.

However, the Authority, instead of revoking a licensee’s licence, may do any one or more of the following (without compensation):

censure the licensee in writing;

modify any condition of the licensee’s licence;

direct the licensee to do, or to refrain from doing, such things as are specified in a direction to rectify any contravention or non‑compliance mentioned in subsection (1)(a);

suspend or partially suspend the licence for not more than 12 months;

direct the furnishing by the licensee of any performance bond, guarantee or other form of security, or an additional performance bond, guarantee or other form of security, for all or any of the following:

to secure compliance by the licensee with any condition attached to the licence or any standard of performance applicable to the licensee;

to meet any financial penalty arising out of any regulatory action started or likely to start against the licensee.

The Authority may, instead of taking any action under subsection (1) or in addition to taking any action under subsection (2), direct the licensee to pay, within a period specified in a direction, a financial penalty of such amount as the Authority thinks fit, which must not exceed the higher of the following amounts:

$1 million;

10% of the annual turnover of the licensee’s business.

Where any financial penalty is imposed on a licensee for contravening or not complying with —

any condition attached to the licence; or

any standard of performance applicable to the licensee,any performance bond, guarantee or other form of security furnished by the licensee to secure compliance by the licensee with any condition attached to that licence or any standard of performance applicable to the licensee must not be forfeited by the Authority for that contravention or non‑compliance except to the extent to pay the financial penalty.

In any proceedings under this section, or any appeal to the Minister under section 85I against the Authority’s decision under this section, in relation to the conviction of a licensee or a key appointment holder of a licensee for a criminal offence, the Authority may accept the licensee’s or the key appointment holder’s conviction as final and conclusive.

Despite subsection (1) and section 85G, the Authority may immediately suspend a licence if proceedings have commenced against the licensee, or a key appointment holder of the licensee, for any of the following offences:

any offence under this Act;

an offence, whether in Singapore or elsewhere, involving fraud, corruption or dishonesty or the conviction for which involved a finding that the licensee or key appointment holder had acted dishonestly;

any prescribed offence.

If a licence is suspended under subsection (6), the suspension ceases upon the conclusion of the proceeding mentioned in that subsection. (8) For the purposes of subsection (1)(f)(iii) —

a corporation is unable to pay its debts if it is deemed to be so unable under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018;

a limited liability partnership is unable to pay its debts if it is deemed to be so unable under paragraph 3(2) of the Fifth Schedule to the Limited Liability Partnerships Act 2005; and

an unregistered company (other than a corporation mentioned in paragraph (a) or a limited liability partnership mentioned in paragraph (b)) is unable to pay its debts if it is deemed to be so unable under section 246(2) of the Insolvency, Restructuring and Dissolution Act 2018.

In this section —“annual turnover”, in relation to a licensee’s business, means the annual gross revenue received by the licensee from the licensee’s trade or business in Singapore in a year that is derived from or attributable to providing the regulated service specified in the licensee’s licence, determined in a prescribed manner;“unregistered company” has the meaning given by section 245(1) of the Insolvency, Restructuring and Dissolution Act 2018.Regulatory action may continue despite licence expiry, etc.85F. Despite the expiry of a licensee’s licence —

any proceedings started under section 85E against a licensee may continue;

the Authority may exercise any power under section 85E(2)(e)(ii) or (3) against the former licensee; and

any performance bond, guarantee or any other form of security furnished as a condition of the licence mentioned in section 84E(2)(n) by the former licensee does not need to be discharged or refunded until the conclusion of those proceedings.Proceedings for regulatory action85G.—

Before exercising any power under section 85E(1), (2) or (3), the Authority must give written notice to the licensee or former licensee concerned —

stating that the Authority intends to take regulatory action against the licensee or former licensee;

specifying the type of action in section 85E(1), (2) or (3) that the Authority proposes to take, and each instance of contravention or non‑compliance that is the subject of the action; and

specifying the time (being at least 14 days from the date of service of notice on the licensee or former licensee) within which written representations may be made to the Authority with respect to the proposed regulatory action.

The Authority may decide to take any appropriate regulatory action in section 85E(1), (2) or (3) —

after considering any written representation made under subsection (1)(c); or

after the time delimited in the written notice in subsection (1)(c) lapses, if no representation is made.

Where the Authority has made any decision under subsection (2) against any licensee or former licensee, the Authority must serve on the licensee or former licensee concerned a notice of its decision.

Subject to section 85I, a decision to revoke a licence under section 85E(1), or to impose a regulatory action in section 85E(2) or (3), which is specified in the notice under subsection (3), takes effect from the date on which that notice is given or on any other date specified in the notice, despite any appeal to the Minister under section 85I against the Authority’s decision.

Any suspension (whether partial or otherwise) or revocation of a licence under section 85E does not affect —

the enforcement by any person of any right or claim against the licensee or former licensee; or

the enforcement by the licensee or former licensee of any right or claim against any person.

All financial penalties imposed under section 85E(3) and any interest payable thereon must be paid into the Consolidated Fund.Division 6 — Appeals under Part 12Interpretation of Division 6 of Part 1285H. In this Division —“appealable decision” means any of the following decisions of the Authority:

a decision under section 84B refusing the grant or renewal of a licence;

a decision under section 84E imposing a condition of a licence;

a modification under section 84F of a condition of a licence;

a refusal under section 84G(4) to consent to a surrender of a licence;

a refusal under section 85A(3)(b) to approve the appointment of an individual as a key appointment holder of a licensee;

a direction under section 85B(1) to remove an individual as a key appointment holder of a licensee;

a modification under section 85A(4) to add or vary any condition imposed under section 85A(3)(a) in relation to an individual’s appointment as a key appointment holder of a licensee;

a direction under section 85D to a licensee;

a decision under section 85E(1) to revoke a licence;

a decision under section 85E(2) or (3) to take regulatory action against a licensee or former licensee;“appellant” means the following in relation to an appealable decision:

where the appealable decision is within paragraph (a) of the definition of “appealable decision” — an applicant for the grant or renewal of a licence; (b)where the appealable decision is within paragraph (j) of the definition of “appealable decision” and the appealable decision concerns a regulatory action relating to a licensee or former licensee — the licensee or former licensee, as the case may be; (c)where the appealable decision is within any other paragraph of the definition of “appealable decision” — a licensee.Appeal to Minister under Part 1285I.—

An appellant who is aggrieved by an appealable decision may appeal to the Minister against the decision in accordance with this section.

An appeal under this section must be in writing and specify the grounds on which it is made, and be made within 14 days after the date the decision appealed against is given to the appellant, or such longer period as the Minister may allow in any particular case for special reasons.

The Minister may reject an appeal of an appellant who fails to comply with subsection (2).

An appeal against an appealable decision does not affect the operation of the decision appealed against or prevent the taking of action to implement the decision, and unless otherwise directed by the Minister under this subsection, the decision appealed against must be complied with until the determination of the appeal.Decision on appeal85J.—

After considering an appeal under section 85I, the Minister may —

reject the appeal and confirm the appealable decision; or

allow the appeal and reverse the appealable decision.

Every appellant must be notified of the Minister’s decision under subsection (1).

The Minister’s decision on an appeal is final.Division 7 — MiscellaneousRecovery of fees and penalties85K.—

The Authority may impose interest at the prescribed rate on any outstanding amount of —

any fee payable under section 84B for the grant of a licence;

any periodic fee payable under section 84D; or

any financial penalty imposed under section 85E(3).

The following may be recovered by the Authority in any court of competent jurisdiction as if they were simple contract debts:

any fee payable under section 84B for the grant of a licence;

any periodic fee payable under section 84D;

any financial penalty imposed under section 85E(3);

any interest mentioned in subsection (1).”.