Singapore Tourism Board (Amendment) Bill

This Act is the Singapore Tourism Board (Amendment) Act 2022 and comes into operation on a date that the Minister appoints by notification in the Gazette.

Section 2 of the Singapore Tourism Board Act 1963 (called in this Act the principal Act) is amended —

by inserting, immediately after the definition of “associate member”, the following definitions:“ “berth slot” means a specific time on a specific date during which a ship may be berthed at a cruise terminal;“berthing framework” means the requirements or framework established by the Controller to govern the ability of cruise terminal licensees to allocate or refuse to allocate at their respective cruise terminals any berth slot for any ship (whether or not a cruise ship) calling in Singapore, including any matter relating to —

the prioritisation of berth slots at a cruise terminal, and the re‑allocation of berth bookings between different cruise terminals;

the requirements and processes for managing berth bookings;

the rejection of berth bookings from a cruise line that has unpaid fees and charges payable to a cruise terminal licensee where the fees and charges are required to be imposed by the cruise terminal licensee under section 29P;

the grant of any preferential berthing arrangement to any cruise line, and the conditions of the grant; and

the use of facilities, resources or technology (such as a common berth booking system) shared between a cruise terminal licensee and —

any other cruise terminal licensee; or

any public authority,and includes any modification made for a particular cruise terminal licensee under section 29I(2)(d);”;

by inserting, immediately after the definition of “Board”, the following definition:“ “business trust” has the meaning given by section 2 of the Business Trusts Act 2004;”;

by inserting, immediately after the definition of “committee member”, the following definitions:“ “company” has the meaning given by section 4(1) of the Companies Act 1967;“Controller” means the Controller of Cruise Administration appointed under section 29(1), and includes (except in section 29(2)) any Deputy Controller appointed under section 29(1);“corporation” has the meaning given by section 4(1) of the Companies Act 1967;“cruise line” means any entity offering the services of and operating one or more cruise ships;“cruise port services and facilities” means the services and facilities provided at a cruise terminal connected with or incidental to —

the berthing of cruise ships;

the embarkation of passengers and crew onto a cruise ship and their departure from Singapore on board the cruise ship; and

the disembarkation of passengers and crew from a cruise ship and their entry into Singapore from the cruise ship,including the services and facilities for any of the following:

the provisioning of cruise ships while berthed;

the checking‑in and screening of the passengers and crew, and the handling, screening and storage of baggage and cargoes;

the operation of customs, immigration and quarantine checks and control;

the movement of the passengers, crew and other persons on and off cruise ships while berthed;

the operation of security and police services;

the maintenance and refueling of cruise ships while berthed, and waste disposal;

the sale and collection of duty‑free items or any other goods;

the parking of vehicles, and other transport related services and facilities;“cruise ship” means a ship that —

is primarily used to provide voyages for on‑board leisure or recreation, any part of which is on the high seas; (b)has on‑board accommodation, dining and other facilities for the purposes of on‑board leisure or recreation; and

has any other characteristic that the Minister may by notification in the Gazette declare, including any characteristic relating to or concerning one or more of the following:

the tonnage of the ship;

the carrying capacity of the ship (whether in relation to passengers, crew or cargo);

the duration, routes and frequency of voyages undertaken by the ship;

the ports at which the ship calls on any voyage;

the proportion which the area on the ship for any one or more leisure or recreational activities bears to the area on the ship for any one or more other leisure or recreational activities;

the primary purpose for which the ship undertakes any of its voyages,but does not include —

any ferry or similar ship used solely for the transport on the high seas of any or any combination of passengers, vehicles and cargoes; and

any ship where the ship or any voyage undertaken by the ship has any characteristic that the Minister may by notification in the Gazette declare;“cruise terminal” means any site comprising terminal buildings, berths, connecting roads and pedestrian walkways, and other associated infrastructure, for use principally in connection with —

the berthing of cruise ships;

the embarkation of passengers and crew onto a cruise ship and their departure from Singapore on board the cruise ship; and

the disembarkation of passengers and crew from a cruise ship and their entry into Singapore from the cruise ship; “cruise terminal licence” means a licence granted under section 29B, and includes a cruise terminal licence which a person is treated as having under section 29C pursuant to an in‑principle approval;“cruise terminal licensee”, in relation to a cruise terminal, means the holder of the cruise terminal licence for that cruise terminal, or the holder of an in‑principle approval treated as a cruise terminal licence under section 29C for that cruise terminal;”;

by inserting, immediately after the definition of “inspecting officer”, the following definitions:“ “limited liability partnership” has the meaning given by section 4(1) of the Limited Liability Partnerships Act 2005;“limited partnership” means a limited partnership registered under the Limited Partnerships Act 2008;“Maritime and Port Authority of Singapore” means the Maritime and Port Authority of Singapore established under the Maritime and Port Authority of Singapore Act 1996;”;

by inserting, immediately after the definition of “member”, the following definitions:“ “operate”, in relation to a cruise terminal, includes managing, maintaining or otherwise exercising control over the operation of, the cruise terminal;“regulatory action” means —

in relation to a licensee in Part 3A — any action in section 28(1) or (2) that the Board may take against the licensee; and

in relation to a cruise terminal licensee in Part 3AA — any action in section 29G(1)(j) to (m) that the Controller may take against the licensee;“ship” has the meaning given by section 2(1) of the Merchant Shipping Act 1995;”;

by inserting, immediately after the word “which” in paragraph (a) of the definition of “tourism enterprise”, the words “, either wholly or in part,”;

by inserting, immediately after paragraph (a) of the definition of “tourism enterprise”, the following paragraph:“(aa)any business which, either wholly or in part, operates any cruise terminal;”;

by inserting, immediately after the word “accommodation,” in paragraph (b) of the definition of “tourism enterprise”, the words “entertainment, wellness activities or events, dining, retail,”;

by inserting, immediately after the words “in part,” in paragraph (c) of the definition of “tourism enterprise”, the words “promotes tourism in Singapore or”;

by deleting paragraph (d) of the definition of “tourism enterprise” and substituting the following paragraph:“(d)any other undertaking intended wholly or in part for the benefit of visitors to Singapore, or for the purpose of drawing visitors to Singapore, including any of the following: (i)organising or conducting, or otherwise participating in, any convention, exhibition, show, fair or event (whether for business, entertainment, artistic or sporting pursuit, or otherwise);

managing or maintaining any museum, theme park or other attraction;

conducting any publicity campaign;”; and (k)by deleting the full‑stop at the end of the definition of “tourism‑related product” and substituting a semi‑colon, and by inserting immediately thereafter the following definitions:“ “trustee‑manager”, “unit” and “unitholder” have the meanings given by section 2 of the Business Trusts Act 2004;“unregistered company” has the meaning given by section 245 of the Insolvency, Restructuring and Dissolution Act 2018.”.

Section 4 of the principal Act is repealed and the following section substituted therefor:“Chairperson of Board4.—

The Minister must appoint a person (other than the Chief Executive) as the Chairperson of the Board.

Subject to the provisions of this Act, the Chairperson holds office for the period and on the terms determined by the Minister, unless the appointment is earlier revoked by the Minister under section 5(7) or the person so appointed resigns during the person’s period of office.”.

Section 5 of the principal Act is amended —

by deleting “10” in subsection (1)(c) and substituting the words “at least 5 and not more than 12”;

by deleting subsection (2) and substituting the following subsection:“(2) A person appointed by the Minister as a member of the Board under subsection (1)(c) holds office for the period and on the terms determined by the Minister for that person, unless the person’s appointment is earlier revoked by the Minister under subsection (7) or the person resigns during the person’s period of office.”;

by inserting, immediately after the words “member of the Board” in subsection (3), the words “who is not the Chairperson or the Chief Executive,”; and

by deleting subsection (4) and substituting the following subsections:“(4) The Deputy Chairperson has and may exercise all the functions and powers of the Chairperson in relation to a matter if —

the Chairperson is unavailable; or

the Chairperson is interested (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) in the matter.

The Chairperson or Deputy Chairperson presiding at a meeting of the Board has an original as well as a casting vote.”.

Section 7(1) of the principal Act is amended by deleting the word “and” at the end of paragraph (c), and by inserting immediately thereafter the following paragraphs:“(ca)to create an economic regulatory framework to regulate persons operating cruise terminals with respect to any matter pertaining to the efficient, reliable and economical operation of cruise terminals, including (but not limited to) the following:

berthing allocations at cruise terminals; (ii)the price charged by such persons for any cruise port services and facilities;

the operational efficiency of, and the quality of the experience of users and visitors at, cruise terminals including through the timely and seamless delivery or provision of cruise port services and facilities;

to operate any cruise terminal in Singapore (including through an agent); and”.

Section 8 of the principal Act is amended —

by inserting, immediately after the words “tourism enterprise” in paragraph (a), the words “, whether such person, body, organisation or tourism enterprise is within or outside Singapore”;

by deleting paragraph (b) and substituting the following paragraph:“(b)to engage in, assist in or promote the improvement or development of facilities for visitors to Singapore and the experience of visitors in travelling to and while in Singapore (including by safeguarding the wellbeing of the visitors while in Singapore), and generally to develop and promote Singapore as a travel and tourist destination of quality, standing and repute;”;

by inserting, immediately after the word “persons” in paragraph (d), the words “within or outside Singapore,”;

by deleting the words “and to prescribe the conditions under which the licences may be granted and the fees which may be levied for the licences” in paragraph (f);

by deleting paragraph (h) and substituting the following paragraphs:“(h)to provide any grant or subsidy, any loan or advance, any stipend, or any other financial support to any person carrying on a tourism enterprise within or outside Singapore, on the conditions determined by the Board;

where a tourism enterprise undertakes any matter for any of the following purposes:

to develop and promote Singapore as a travel and tourist destination;

to enhance the travel and tourism sector’s contribution to the Singapore economy,(whether the tourism enterprise or matter is within or outside Singapore), with the approval of the Minister, to provide any guarantee, indemnity or other security for any obligation or liability of the tourism enterprise in connection with that matter;”;

by inserting, immediately after the words “tourism enterprise” in paragraph (o), the words “within or outside Singapore”;

by deleting the words “, or by collaborating with persons carrying on tourism enterprises or entering into partnerships or any other arrangements with them” in paragraph (r);

by inserting, immediately after paragraph (r), the following paragraph:“(ra)to collaborate with persons carrying on tourism enterprises or enter into partnerships or any other arrangements with them, whether any such person or tourism enterprise is within or outside Singapore;”;

by deleting the word “and” at the end of paragraph (s), and by inserting immediately thereafter the following paragraph:“(sa)to collect, compile and analyse information, and commission surveys, research or studies relating to its functions;”; and

by renumbering the section as subsection (1) of that section, and by inserting immediately thereafter the following subsection:“(2) Any financial support provided by the Board pursuant to subsection (1)(h) may include a requirement for the repayment of the whole or any part of the financial support (whether or not with interest) if the person fails to comply with or satisfy any condition of the financial support, and the Board may sue for the repayment of the financial support with, as may be applicable, any interest, as a debt due to the Board.”.

The principal Act is amended by inserting, immediately after section 14, the following section:“Validity of acts, etc.14A.—

Despite section 33 of the Interpretation Act 1965, the exercise of any power or performance of any function of the Board by the Board is not affected merely because at the relevant time —

there was a vacancy in the membership of the Board, including a vacancy arising from the failure to appoint a member;

there was some defect or irregularity existing in the appointment or continuance in office of the individual purporting to be a member of the Board; or

there was an irregularity in the Board’s decision‑making procedure that does not affect the merits of the decision made.

The acts of an individual as a member of the Board are not affected merely because —

there was some defect or irregularity existing in the appointment or continuance in office of the individual purporting to be a member of the Board; or

in the case of an individual acting in the capacity of the Chairperson, member or Chief Executive, the occasion for the individual so acting, or for his or her appointment, had not arisen or had ended.”.

Section 19 of the principal Act is amended by deleting the words “section 8(l)” and substituting the words “section 8(1)(l)”.

Section 20(1) of the principal Act is amended by deleting the definition of “guiding services” and substituting the following definition:“ “guiding services”, in relation to a tourist, includes providing any information, description or explanation to the tourist while accompanying the tourist in or to a place or point of interest in Singapore, but not if the information, description or explanation is a mere reference to the location of, or a location in or around, the place or point of interest;”.

Section 24 of the principal Act is amended by inserting, immediately after subsection (1), the following subsection:“(1A) Without affecting subsection (1), a condition under subsection (1) may require the licensee to do or to refrain from doing any thing specified, or of a description specified, in the condition, including for the purpose of protecting the wellbeing of the licensee, any tourists guided by the licensee, or both, or otherwise in the public interest.”.

Section 25 of the principal Act is amended —

by deleting the words “wear his or her tourist guide badge prominently on his or her person” in subsection (2)(a) and substituting the words “unless the Board otherwise allows, wear prominently on his or her person any tourist guide badge issued to the licensee that is not in an electronic form,”;

by deleting the word “A” in subsection (3) and substituting the words “Subject to subsection (3A), a”;

by deleting the words “must surrender his or her badge” in subsection (3) and substituting the words “that is not in an electronic form must surrender that badge”;

by inserting, immediately after subsection (3), the following subsection:“(3A) The Board may, instead of requiring a tourist guide badge that is not issued in an electronic form to be surrendered under subsection (3)(b) or (c), require the person to whom the badge was issued to destroy the badge in the manner specified by the Board, and the person must comply with the requirement.”;

by inserting, immediately after the words “subsection (3)” in subsection (4), the words “or (3A)”; and

by inserting, immediately after subsection (6), the following subsection:“(6A) For the purposes of subsection (6)(b), where a tourist guide badge is issued in electronic form, a person sells the tourist guide badge if the person provides another person access to the tourist guide badge (in electronic form) for consideration.”.

The principal Act is amended by inserting, immediately after section 26, the following sections:“Directions of Board26A.—

The Board may, if it thinks it necessary or expedient in the public interest (including for the purpose of protecting the wellbeing of the licensee, any tourists guided by the licensee, or both), give directions to the licensee to do or to refrain from doing any thing specified, or of a description specified, in the direction, and the licensee must comply with the direction.

Before issuing a direction under this section, the Board must, unless the Board considers that it is not practicable or desirable in the particular circumstances of the case, serve on the licensee to whom the direction is to be issued, written notice of the Board’s intention.

The written notice must —

state the direction the Board intends to make and its effect; and

specify the time (being at least 14 days after the date of service of the written notice on the person) within which any written representation may be given to the Board, or any representation by the licensee heard, with respect to the Board’s intention.

On considering any representation made by the licensee under subsection (3)(b), the Board may decide to —

proceed as intended (including with any modification to the direction as the Board thinks fit); or

not proceed as intended,and must serve on the licensee written notice of the Board’s decision.

If no representation is made to the Board within the time mentioned in subsection (3)(b) or if any representation made under that provision is withdrawn, the Board may proceed as intended (including with any modification as the Board thinks fit) and must serve on the licensee written notice of the Board’s decision.

The licensee must comply with the direction served pursuant to a decision under subsection (4) or (5) in or within the time specified in the direction for compliance.

Where the licence of the licensee ceases to be in force after the direction is issued, the former licensee must still comply with the direction.

The licensee is not required to comply with the direction to the extent it is inconsistent with any requirement under any other written law. (9) Any person who fails to comply with a direction under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 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 $500 for every day or part of a day during which the offence continues after conviction.Modification of directions, etc.26B.—

The Board may at any time vary, suspend or revoke the whole or any part of a direction issued to a licensee under section 26A.

Before varying, suspending or revoking a direction or part of a direction, the Board must serve on the licensee written notice of the Board’s intention, unless the Board considers that it is not practicable or desirable to do so in the particular circumstances of the case.

The written notice must —

state the direction or part of the direction that the Board intends to vary, suspend or revoke, and (in the case of a variation) the effect of the variation; and

specify the time (being at least 14 days after the date of service of the written notice on the licensee) within which any written representation may be given to the Board, or any representation by the licensee heard, with respect to the Board’s intention.

On considering any representation made by the licensee under subsection (3)(b), the Board may decide to —

proceed as intended (including with any modification to the direction or part of the direction as the Board thinks fit); or

not proceed as intended,and must serve on the licensee written notice of the Board’s decision.

If no representation is made to the Board within the time mentioned in subsection (3)(b) or if any representation made under that provision is withdrawn, the Board may proceed as intended (including with any modification as the Board thinks fit) and must serve on the licensee written notice of the Board’s decision.

The variation, suspension or revocation takes effect at the time and date specified by the Board in the written notice of the Board’s decision.”.

Section 27 of the principal Act is repealed.

Section 28 of the principal Act is amended —

by deleting the words “in any material particular” in subsection (1)(a) and substituting the words “(including as a result of an omission) in any material particular, or the licensee otherwise obtained his or her licence through fraud or misrepresentation”;

by deleting the words “section 27(1)” in subsection (1)(b) and substituting the words “section 32B(1)”;

by inserting, immediately after paragraph (d) of subsection (1), the following paragraph:“(da)contravenes any direction issued by the Board to the licensee under section 26A or this section (as may be varied under section 26B or this section, as the case may be);”;

by deleting subsection (2) and substituting the following subsection:“(2) Subject to subsection (3), in the case where a licensee —

refuses or fails, without reasonable excuse, to comply with any requirement of the Board or an inspecting officer under section 32B(1);

contravenes any provision of this Act or any regulations made under this Act;

contravenes any condition of his or her licence; or

contravenes any direction issued by the Board to the licensee under section 26A or this section (as may be varied under section 26B or this section, as the case may be),the Board may, instead of suspending or revoking his or her licence under subsection (1)(b), (c), (d) or (da) (as the case may be), do one or more of the following: (e)issue any direction to the licensee to do or not to do anything specified in the direction;

subject to subsection (3), require the licensee to pay a financial penalty of an amount not exceeding $1,000 by a date that the Board may determine;

debar the licensee from applying for the grant or renewal of any licence for a period specified by the Board.”;

by deleting the words “Subsection (2)” in subsection (3) and substituting the words “Subsection (2)(f)”;

by deleting subsection (4) and substituting the following subsections:“(4) Where the Board intends to take any regulatory action under subsection (1) or (2) against a licensee, the Board must serve the licensee written notice of the Board’s intention, unless the Board considers that it is not practicable or desirable in the particular circumstances of the case to do so.

The written notice must specify —

the regulatory action that the Board intends to take against the licensee; (b)the ground or grounds in subsection (1) or (2) (as the case may be) on which the Board intends to rely; and

the time (being at least 14 days after the date of service of the written notice on the licensee) within which any written representation may be given to the Board, or any representation by the licensee heard, with respect to the Board’s intention.

On considering any representation made by the licensee under subsection (4A)(c), the Board may decide to —

proceed with the intended regulatory action (including with any modification as the Board thinks fit); or

not proceed with the intended regulatory action or proceed with a different regulatory action,and must serve on the licensee written notice of the Board’s decision.

If no representation is made to the Board within the time mentioned in subsection (4A)(c) or if any representation made under that provision is withdrawn, the Board —

may decide to proceed as intended (including with any modification as the Board thinks fit), or may decide not to proceed; and (b)must serve on the licensee written notice of the Board’s decision.”; and

by deleting subsection (5) and substituting the following subsections:“(5) The Board’s decision mentioned in subsection (4B) or (4C) (as the case may be) does not take effect until —

the expiry of the period allowed under section 42A for the licensee to appeal to the Minister against the decision; and

if an appeal is made in the period allowed under section 42A for the licensee to appeal —

the determination or rejection of the appeal by the Minister or his or her designate under section 42A; or

(if the appeal is withdrawn) the withdrawal of the appeal. (5A) The suspension or revocation of any licence under this section does not affect the enforcement by any person of any right or claim against the licensee or former licensee, or by the licensee or former licensee of any right or claim against any person.

If the written notice under subsection (4) is served on the licensee before the expiry of his or her licence and the licence expires before the Board can —

make a determination whether one or more of the grounds in subsection (1) or (2) mentioned in the written notice under subsection (4A)(b) are satisfied; or

(if the Board has made such a determination) take any regulatory action under subsection (1) or (2) (whether or not mentioned in that written notice under subsection (4A)(a)),this section continues to apply and the Board may, at any time after the expiry —

continue to make such determination or take regulatory action under subsection (2) or both (as may be appropriate) in relation to the former licensee; or

not continue with any further action under this section.

For the purpose of subsection (5B), a licence expires when any of the following occurs:

its period of validity ends;

it is revoked under subsection (1) (read with subsection (5));

it is cancelled under subsection (6).

To avoid doubt and without affecting section 23(2), a determination under subsection (5B) is a relevant consideration for the purpose of any application that the former licensee may subsequently make under section 23.

Where regulatory action taken under this section is the issue of a direction under subsection (2)(e), the Board may at any time vary, suspend or revoke the whole or any part of the direction, and section 26B applies in relation to such variation, suspension or revocation as if the direction in question were a direction issued under section 26A.

For the purposes of subsection (5E), references in section 26B to a licensee include a former licensee.”.