Travel Agents (Amendment) Bill

This Act is the Travel Agents (Amendment) Act 2017 and comes into operation on a date that the Minister appoints by notification in the Gazette.

Section 2 of the Travel Agents Act (called in this Act the principal Act) is amended by deleting the definitions of “licence” and “licensee” and substituting the following definitions:“ “code of conduct” means a code of conduct mentioned in section 28(1)(ga)(ii);“licence” means a licence granted or renewed under section 7;“licensee” means any person who holds a licence;“regulations” means regulations made under this Act;“relevant individual”, in relation to an applicant for a licence or to a licensee, means —

where the applicant or licensee is an individual, the applicant or licensee, as the case may be;

where the applicant or licensee is a partnership, a partner of the partnership;

where the applicant or licensee is an unincorporated association, a member of the governing body of the unincorporated association; and

where the applicant or licensee is a company or other body corporate, any director of the company or officer holding a similar managerial or executive position in the body corporate;“supply”, in relation to a travel product, includes the sale, or arranging for the provision, of the travel product;“tour” means a visit to one or more places or points of interest, whether in Singapore or elsewhere, in which the participant or participants in the visit is or are, for any part of the visit, accompanied by an individual who is not a participant of the visit;“travel product” means any goods or services described in section 4(1).”.

Section 3 of the principal Act is amended by inserting, immediately after subsection (4), the following subsection:“(5) This Act does not apply to the Government, or a body established by or under a public Act for a public purpose.”.

Section 4 of the principal Act is repealed and the following section substituted therefor:“Business of travel agent4.—

Subject to this section, a person carries on the business of a travel agent if the person carries on, or advertises or holds himself out as carrying on, a business of any one or more of the following:

supplying any person a right to travel on any conveyance;

supplying any person —

a right to travel on any conveyance to; and

a right of accommodation at a hotel or similar boarding premises at,one or more places, whether in Singapore or elsewhere;

purchasing, or reserving, for resale to a person a right to travel on any conveyance;

supplying any tour (whether or not organised by the person) to any other person;

such other similar activity as may be prescribed.

An individual who is employed by a licensee or who is an agent of a licensee does not carry on the business of a travel agent by reason only of carrying on in the course of the individual’s employment or agency, as the case may be, any activity mentioned in subsection (1).

However, a person does not carry on the business of a travel agent if —

for the activity mentioned in subsection (1)(a), the person carries on the activity only in respect of a conveyance the person owns;

for the activity mentioned in subsection (1)(a) or (c), the person carries on the activity only in respect of a conveyance —

used for a regular route service within the meaning of the Bus Services Industry Act 2015 (Act 30 of 2015);

used for a community bus service or courtesy bus service, within the meaning of the Bus Services Industry Act 2015, and that travels only within Singapore; or

used for a train service within the meaning of the Public Transport Council Act (Cap. 259B);

for the activity mentioned in subsection (1)(b), the person carries on the activity only in respect of —

a conveyance the person owns; and

a hotel or similar boarding premises the person owns or operates; or

for the activity mentioned in subsection (1)(d), the person carries on the activity only in respect of any place or point of interest that the person owns or operates.”.

Section 6 of the principal Act is amended —

by deleting subsection (1) and substituting the following subsection:“(1) A person must not carry on the business of a travel agent unless the person is authorised to do so by a licence.”; and

by deleting “$10,000” in subsection (2) and substituting “$25,000”.

Section 7 of the principal Act is repealed and the following sections substituted therefor:“Application for licence or renewal of licence7.—

Any person who desires to obtain or renew a licence must make an application to the Board in the form the Board requires.

Upon receiving an application under subsection (1), the Board must consider the application and may —

grant or renew a licence for such duration as the Board may specify in the licence; or

refuse the application.

The Board may refuse to grant or renew a licence if —

the applicant or a relevant individual of the applicant is not a suitable person to be involved in the management or operation of the business of a travel agent;

the applicant is unable to meet or continue to meet such minimum financial requirements as may be prescribed;

the Board has reason to believe that the applicant or a relevant individual of the applicant has committed any offence involving dishonesty or moral turpitude;

the Board has reason to believe that the applicant is contravening or has contravened —

any provision of this Act or the regulations; or

any condition of a licence or any code of conduct applicable to the applicant;

the Board has reason to believe that a relevant individual of the applicant is contravening or has contravened, or is responsible for another licensee’s contravention of —

any provision of this Act or the regulations; or

any condition of a licence or any code of conduct applicable to the relevant individual or the other licensee, as the case may be;

the application for the grant or renewal of the licence contains a statement or information that is untrue, or misleading (including as a result of any omission), in any material particular;

all relevant individuals of the applicant are incapable, by reason of illness, infirmity or any other cause, of carrying on the business of a travel agent; or

the Board considers it in the public interest to do so.

Before refusing an application to renew a licence, the Board must —

serve the applicant written notice of its intention; and

give the applicant an opportunity to submit reasons, within such period as the Board may specify in that notice, why the application should not be refused.

For the purposes of subsection (3)(e), a relevant individual is responsible for any contravention of a licensee if the relevant individual —

consented or connived, or conspired with others, to effect the licensee’s contravention;

is in any other way, whether by act or omission, knowingly concerned in, or is party to, the contravention by the licensee; or

knew or ought reasonably to have known that the contravention by the licensee (or a contravention of the same type) would be or is being effected, and failed to take all reasonable steps to prevent or stop the contravention.

To avoid doubt —

subsection (3)(d) applies in relation to any contravention by the applicant, whether the contravention occurred before, on or after the date of commencement of section 6 of the Travel Agents (Amendment) Act 2017; and

subsection (3)(e) applies in relation to —

any contravention by a relevant individual of the applicant, whether the contravention occurred before, on or after the date of commencement of section 6 of the Travel Agents (Amendment) Act 2017; and

any contravention by a licensee mentioned in subsection (3)(e) for which the relevant individual is responsible, whether the contravention occurred before, on or after the date of commencement of section 6 of the Travel Agents (Amendment) Act 2017.Travel agent licence7A.—

A licence is subject to such conditions as the Board may specify in writing.

The conditions of a licence may include the assignment to the licensee of such description or classification as a travel agent as the Board considers appropriate to specify the type of business of a travel agent mentioned in section 4(1) that the licensee is authorised to carry on.

The Board may, at any time, vary or revoke any of the conditions of a licence or impose any new condition.

Before taking any action under subsection (3) that is to a licensee’s disadvantage, the Board must —

serve the licensee written notice of its intention; and

give the licensee an opportunity to submit reasons, within a reasonable period after the date that the Board serves the written notice, why the conditions of the licence should not be so varied or revoked, or the new condition should not be imposed.

An appeal made under section 11 against the Board’s decision under subsection (3) does not affect the operation of the decision or prevent the taking of any action to implement the decision, unless directed by the Minister in any particular case.”.

Sections 9 to 12 of the principal Act are repealed and the following sections substituted therefor:“Suspension or revocation of licence9.—

The Board may suspend a licence for a period not exceeding 6 months (or a longer maximum period if prescribed in substitution), or revoke a licence, if —

the licensee or a relevant individual of the licensee is not a suitable person to be involved in the management or operation of the business of a travel agent, including by reason of the manner in which the licensee is carrying on that business;

the Board has reason to believe that the licensee or a relevant individual of the licensee has committed any offence involving dishonesty or moral turpitude;

the Board has reason to believe that the licensee is contravening or has contravened —

any provision of this Act or the regulations; or

any condition of a licence or any code of conduct applicable to the licensee; (d)the Board has reason to believe that a relevant individual of the licensee is contravening or has contravened, or is responsible for another licensee’s contravention of —

any provision of this Act or the regulations; or

any condition of a licence or any code of conduct applicable to the relevant individual or the other licensee, as the case may be;

the application for the grant or renewal of the licence contains a statement or information that is untrue, or misleading (including as a result of any omission), in any material particular;

all relevant individuals of the licensee are incapable, by reason of illness, infirmity or any other cause, of carrying on the business of a travel agent;

the licensee has ceased to carry on the business of a travel agent; or

the Board considers it in the public interest to do so.

Subject to subsection (3), where subsection (1)(c) applies, instead of suspending or revoking the licensee’s licence, the Board may require the licensee to pay a financial penalty of such amount not exceeding $2,000, by such date, as the Board may determine.

Subsection (2) does not apply in respect of any contravention that is prescribed to be an offence under this Act or the regulations.

Subject to subsection (5), before suspending or revoking a licence under subsection (1) or imposing a financial penalty under subsection (2), the Board must —

serve the licensee written notice of its intention; and

give the licensee an opportunity to submit reasons, within 14 days after the date that the Board serves the written notice, why the licence should not be suspended or revoked or the financial penalty should not be imposed.

Subsection (4) does not apply where the licensee has died or is adjudged a bankrupt, or has been dissolved or wound up, or has otherwise ceased to exist.

Any decision of the Board to suspend or revoke a licence, or require the payment of a financial penalty, under this section only takes effect as from the day immediately following the latest of the following events where applicable:

if no appeal is made against the decision of the Board, the expiry of the period allowed under section 11 for the licensee to make the appeal;

if an appeal is made against the decision of the Board —

the appeal is withdrawn;

the Minister confirms the Board’s decision under section 11; or

the Board confirms its decision upon a reconsideration required by the Minister under section 11.

Where any decision of the Board to suspend a licence becomes effective under subsection (6), the licensee concerned must not, during the period that the order of suspension is in force, carry on the business of a travel agent other than doing what is necessary to fulfil the licensee’s obligations under a contract to supply a travel product, entered into before the date the order of suspension takes effect.

For the purposes of subsection (1)(d), a relevant individual is responsible for any contravention of a licensee if the relevant individual —

consented or connived, or conspired with others, to effect the licensee’s contravention;

is in any other way, whether by act or omission, knowingly concerned in, or is party to, the contravention by the licensee; or

knew or ought reasonably to have known that the contravention by the licensee (or a contravention of the same type) would be or is being effected, and failed to take all reasonable steps to prevent or stop the contravention.

To avoid doubt —

subsection (1)(c) applies in relation to any contravention by the licensee, whether the contravention occurred before, on or after the date of commencement of section 7 of the Travel Agents (Amendment) Act 2017; and

subsection (1)(d) applies in relation to —

any contravention by a relevant individual of the licensee, whether the contravention occurred before, on or after the date of commencement of section 7 of the Travel Agents (Amendment) Act 2017; and

any contravention by a licensee mentioned in subsection (1)(d) for which the relevant individual is responsible, whether the contravention occurred before, on or after the date of commencement of section 7 of the Travel Agents (Amendment) Act 2017.

A reference in subsection (7) to the day a decision to suspend becomes effective includes a reference to the date specified in a notice, given before the date of commencement of section 7 of the Travel Agents (Amendment) Act 2017, specifying when a suspension of a licence takes effect. Board may require licensees to inform customers of notice under section 910.—

Where the Board has served a written notice mentioned in section 9(4) on a licensee, the Board may also require the licensee to inform each of the following in writing, and in such form or manner as the Board may specify, of the Board’s notice:

a person who, as at the date the Board serves the written notice, has a contract with the licensee for the licensee to supply a travel product, and in respect of which the licensee has not fully performed the licensee’s obligations;

any other person who, in any way, communicates with the licensee during the specified period in relation to a travel product.

A licensee who is required by the Board to inform a person mentioned in subsection (1) of the Board’s notice must inform the person of that fact —

for a person mentioned in subsection (1)(a), within 2 working days after the date the Board serves the written notice; and

for a person mentioned in subsection (1)(b), within 2 working days after the date of the first communication from the person, if the 2 working days fall in the specified period, or before entering into a contract with the person for the licensee to supply a travel product, whichever is earlier.

A licensee who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000.

In this section, “specified period”, in relation to a licensee, means the period starting on the day the Board serves a written notice on the licensee under section 9(4) and ending —

subject to paragraph (b), 3 months (or such longer period as may be prescribed in substitution) after that day; or

if the Board makes a decision under section 9(1) within the period mentioned in paragraph (a) —

where the decision of the Board is to suspend or revoke the licensee’s licence, on the day the decision becomes effective under section 9(6);

where there is an appeal against the Board’s decision and the Board’s decision is reversed, on the day the decision is reversed; and

where the Board decides not to suspend or revoke the licence, on the day of the Board’s decision.

A written notice in section 9(4) includes a written notice of intention to suspend a licence given before the date of commencement of section 7 of the Travel Agents (Amendment) Act 2017.Appeal to Minister11.—

Any person aggrieved by an appealable decision of the Board may appeal against the decision to the Minister within 14 days after notice of the decision is served on the person or such extended period as the Minister may allow in any particular case.

An appeal made under subsection (1) must be in writing and state —

the circumstances under which the appeal arises and the issues and grounds for the appeal; and

all relevant facts, evidence and arguments in respect of the appeal.

The Minister may require any of the following to provide the Minister with all such information as the Minister may require for the purpose of considering and determining the appeal:

the appellant;

the Board;

any person who is not a party to the appeal but appears to the Minister to have information that is relevant to the circumstances under which the appeal arises.

The appellant, Board or person (as the case may be) must provide the information to the Minister in such manner and within such period as may be specified by the Minister.

The Minister may reject an appeal if the appellant fails to comply with subsection (2) or (4).

The Minister may determine an appeal by —

confirming, varying or reversing the Board’s decision; or

requiring the Board to reconsider the Board’s decision.

The Minister’s decision on appeal is final.

Every appellant must be notified of the Minister’s decision under subsection (6).

The Minister may designate any of the following persons to hear and determine, in the Minister’s place, any appeal or a specific appeal to the Minister under subsection (1):

any Minister of State, including a Senior Minister of State, for his Ministry;

any Parliamentary Secretary, including a Senior Parliamentary Secretary, to his Ministry.

A reference to the Minister in this section (other than in subsection (1) or (9)) includes a reference to a person designated under subsection (9).

In this section, “appealable decision” means a decision of the Board —

refusing to grant or renew a licence under section 7(2);

varying, revoking or imposing a condition under section 7A(3);

suspending or revoking a licence under section 9(1); or

requiring a person to pay a financial penalty under section 9(2).Power of Board to publish information

a licensee on whom the Board has served a written notice mentioned in section 9(4); and

any action the Board takes under section 9(1) or (2).”.

Section 13 of the principal Act is repealed and the following section substituted therefor:“Furnishing false, etc., information

13. Any person who —

in connection with any application for the grant or renewal of a licence; or

for any other purpose under this Act or the regulations,makes any statement or furnishes any information to the Board or an officer of the Board that the person knows, or ought reasonably to know, is false, or misleading (including by reason of any omission), in any material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.”.

Section 17 of the principal Act is amended —

by inserting, immediately after the words “under this Act”, the words “or the regulations”; and

by deleting the words “seizable offences given by” and substituting the words “any arrestable case mentioned in section 18(1) of”.

Section 18 of the principal Act is amended —

by inserting, immediately after the words “execution of this Act”, the words “or the regulations”;

by deleting paragraphs (b) and (c) and substituting the following paragraphs:“(b)to require any person to produce any document relevant to the execution of this Act or the regulations and to inspect, examine and make copies or retain any of them;

to make such inquiry as may be necessary to ascertain whether the provisions of this Act or the regulations are complied with by any licensee, licensee’s employee or licensee’s agent who assists in carrying on the business of a travel agent;

to take such photograph or audio or video recording as the police officer or authorised officer of the Board thinks necessary, of any place, or of any individual reasonably believed to be acquainted with the facts and circumstances relevant to any contravention of this Act or the regulations.”; and

by renumbering the section as subsection (1) of that section, and by inserting immediately thereafter the following subsection:“(2) In this section, “place” includes —

any building or structure, whether permanent or temporary;

any land, whether built on or not;

any place, whether open or enclosed, including any place situated underground or underwater;

any vehicle, vessel, train or aircraft; and

any part of any place mentioned in paragraphs (a) to (d).”.

Section 19 of the principal Act is amended by deleting “$2,000” and substituting “$4,000”.

Section 20 of the principal Act is repealed and the following sections substituted therefor:“Offences by corporations20.—

Where, in a proceeding for an offence under this Act or the regulations, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that —

an officer, employee or agent of the corporation engaged in that conduct within the scope of his actual or apparent authority; and

the officer, employee or agent had that state of mind,is evidence that the corporation had that state of mind.

Where a corporation commits an offence under this Act or the regulations, a person —

who is —

an officer of the corporation, or a member of a corporation (in the case where the affairs of the corporation are managed by its members); or

an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and

who —

consented or connived, or conspired with others, to effect the commission of the offence;

is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or

knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly.

A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear.

To avoid doubt, this section does not affect the application of —

Chapters V and VA of the Penal Code (Cap. 224); or

the Evidence Act (Cap. 97) or any other law or practice regarding the admissibility of evidence.

To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act or the regulations, and applies whether or not the corporation is convicted of the offence.

In this section —“corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act (Cap. 163A);“officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes —

any person purporting to act in any such capacity; and

for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation;“state of mind” of a person includes —

the knowledge, intention, opinion, belief or purpose of the person; and

the person’s reasons for the intention, opinion, belief or purpose.Offences by unincorporated associations or partnerships20A.—

Where, in a proceeding for an offence under this Act or the regulations, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that —

an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of his actual or apparent authority; and

the employee or agent had that state of mind,is evidence that the unincorporated association or partnership had that state of mind.

Where an unincorporated association or a partnership commits an offence under this Act or the regulations, a person —

who is —

an officer of the unincorporated association or a member of its governing body;

a partner in the partnership; or

an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership in relation to the commission of the offence; and

who —

consented or connived, or conspired with others, to effect the commission of the offence;

is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or

knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,shall be guilty of the same offence as is the unincorporated association or partnership, and shall be liable on conviction to be punished accordingly.

A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear.

To avoid doubt, this section does not affect the application of —

Chapters V and VA of the Penal Code (Cap. 224); or

the Evidence Act (Cap. 97) or any other law or practice regarding the admissibility of evidence.

To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act or the regulations, and applies whether or not the unincorporated association or partnership is convicted of the offence.

In this section —“officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes —

any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and

any person purporting to act in any such capacity;“partner” includes a person purporting to act as a partner;“state of mind” of a person includes —

the knowledge, intention, opinion, belief or purpose of the person; and

the person’s reasons for the intention, opinion, belief or purpose.”.

Section 21 of the principal Act is amended —

by inserting, immediately after the words “obtained by him in connection with the administration or execution of this Act” in subsection (1), the words “or the regulations”;

by inserting, immediately after the words “this Act” in subsection (1)(b) and (c), the words “or the regulations”;

by inserting, immediately after paragraph (b) of subsection (1), the following paragraph:“(ba)under and in accordance with any other written law;”; and

by deleting “$2,000” in subsection (2) and substituting “$4,000”.