Appeal to Minister
Open ↗59.—(1) Any licensee, any provider of an online communication service or any provider of an internet access service (as the case may be) aggrieved by —(a)
any decision of the Authority in the exercise of any discretion vested in it by or under this Act; or
(b)
anything contained in any Code of Practice or direction issued by the Authority,
may appeal to the Minister.
[Act 38 of 2022 wef 01/02/2023]
(2) Unless otherwise provided, where an appeal is made under this section, the decision, direction or other thing appealed against must be complied with until the appeal is determined.
(3) The Minister may determine an appeal under this section by confirming, varying or reversing any decision or direction of the Authority or by amending any Code of Practice.
(4) The decision of the Minister in any appeal is final.
(5) In relation to the Minister determining an appeal against any online Code of Practice issued or any direction given by, or the exercise of any discretion vested in, the Authority under Part 10A, sections 45H, 45I, 45K, 45L(3) and (4) and 45N(1) apply as if the reference to the Authority in any limit as to any online Code of Practice issued or any direction given by, or the exercise of any discretion under those respective sections, were a reference to the Minister.[Act 38 of 2022 wef 01/02/2023]
Exemption
Open ↗60. The Minister may, subject to any terms and conditions that the Minister may impose, by order in the Gazette, exempt —(a)
any class or description of shares or interests in shares from section 35 or 36 or both; and
(b)
any person or class of persons from all or any of the provisions of this Act or any subsidiary legislation made under this Act.
Equipment of licensee not subject to distress, etc.
Open ↗61.—(1) No equipment or related facility of a licensee used for providing, transmitting or delivering licensable broadcasting services shall be subject to distress or be liable to be taken under or pursuant to an enforcement order under any process of a court in any bankruptcy or insolvency proceedings by any person without the prior approval of the Minister in writing.[Act 25 of 2021 wef 01/04/2022]
(2) This section does not apply to any class licensee.
International dealings of Authority
Open ↗62. For the purposes of the conduct of any international broadcast and subject to this Act, the Authority may enter into direct communication, arrangement and agreement with the lawfully constituted broadcasting authority of any country or with any duly authorised international agency or organisation concerned with broadcasting (as the case may be) for —(a)
the purpose of providing facilities, fixing rates, arranging terms of payment or accounting;
(b)
operational, engineering or administrative purposes; or
(c)
any other purpose necessary to properly fulfil its functions under this Act.
Government’s right to determine international relations
Open ↗63.—(1) Nothing in section 62 is deemed to abrogate the right of the Government at any time to determine its relations with any country or with any international agency or organisation.
(2) The Authority and each broadcasting licensee must so discharge their responsibilities and conduct their business as to comply with and fulfil all international agreements, conventions or undertakings relating to broadcasting to which Singapore is a party.
Service of documents
Open ↗64.—(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section.
(2) A document permitted or required by this Act to be served on an individual may be served —(a)
by giving it to the individual personally;
(b)
by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address;
(c)
by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there;
(d)
by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address;
(e)
by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or
(f)
by sending it by email to the individual’s last email address.
(3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served —(a)
by giving it to any partner or other similar officer of the partnership;
(b)
by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address;
(c)
by sending it by fax to the fax number used at the partnership’s business address; or
(d)
by sending it by email to the partnership’s last email address.
(4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served —(a)
by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager;
(b)
by leaving it at, or by sending it by prepaid registered post to, the body corporate’s or unincorporated association’s registered office or principal office in Singapore;
(c)
by sending it by fax to the fax number used at the body corporate’s or unincorporated association’s registered office or principal office in Singapore; or
(d)
by sending it by email to the body corporate’s or unincorporated association’s last email address.
(5) In addition, a document permitted or required by this Act to be served on an individual, a partnership, a body corporate or an unincorporated association may be served —(a)
by giving an electronic notice to the individual, partnership, body corporate or unincorporated association (called in this section an addressee) by the addressee’s chosen means of notification, stating that the document is available and how the addressee may use the addressee’s chosen means of access to access the document’s contents;
(b)
where by the exercise of reasonable diligence, the name of any individual or a body of persons to whom the document is to be served, or the business address, residential address or last email address of the individual or body, cannot be ascertained — by posting it on a website that is maintained by the Authority and prescribed by the Minister by notification in the Gazette for this purpose; or
(c)
by any other method authorised by the regulations for the service of documents of that kind if the addressee consents (expressly or impliedly) to service of a document of that kind in that way.
(6) Service of a document under this section takes effect —(a)
if the document is sent by fax and a notification of successful transmission is received — on the day of transmission;
(b)
if the document is sent by email — at the time that the email becomes capable of being retrieved by the person to whom it is sent;
(c)
if the document is sent by prepaid registered post — 2 days after the day the document was posted (even if it is returned undelivered); or
(d)
if the document is posted on a website mentioned in subsection (5)(b) — at the beginning of the day after the date on which subsection (5)(b) has been complied with.
(7) However, service of any document under this Act on a person by email or by an electronic notice at the person’s chosen means of notification, may be effected only with the person’s prior consent (express or implied) to service in that way.
(8) This section does not apply to documents to be served in proceedings in court.
(9) In this section —“Act” includes any subsidiary legislation made under this Act;
“business address” means —(a)
in the case of an individual, the individual’s usual or last known place of business, or place of employment, in Singapore; or
(b)
in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore;
“chosen means of access”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means the addressee agrees with the person giving or serving the document as the means by which the addressee may access that document’s contents;
“chosen means of notification”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means that the addressee nominates to the person giving or serving the document as the means by which the addressee may be notified that such a document has been served on the addressee;
“document” includes a notice permitted or required by this Act to be served;
“last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act;
“residential address” means an individual’s usual or last known place of residence in Singapore.[Act 38 of 2022 wef 01/02/2023]
Financial penalties, etc., payable to Consolidated Fund
Open ↗64A. All fines imposed under section 12(1) and all financial penalties ordered under section 45N(1) —(a)
may be recovered by the Authority in any court of competent jurisdiction as if they were simple contract debts; and
(b)
must be paid into the Consolidated Fund.[Act 38 of 2022 wef 01/02/2023]
Amendment of First, Second and Third Schedules
Open ↗65.—(1) The Minister may, by notification in the Gazette, at any time amend the First, Second or Third Schedule.
(2) The Minister may, in any notification made under subsection (1), make such incidental, consequential or supplementary provisions as may be necessary or expedient.
Regulations
Open ↗66. The Authority may, with the approval of the Minister, make regulations —(a)
required or permitted to be prescribed by this Act; and
(b)
necessary or convenient to be prescribed for carrying out or giving effect to the purposes of this Act.
Transitional and saving provisions
Open ↗68.—(1) All acts done by the Singapore Broadcasting Authority before 1 January 2003 continue to remain valid and applicable as though done by the Authority, until the time invalidated, revoked, cancelled or otherwise determined by the Authority.
(2) Any decision, document, licence, consent, approval or authorisation prepared, made, issued or granted by the Singapore Broadcasting Authority under the Singapore Broadcasting Authority Act (Cap. 297, 1995 Revised Edition) before 1 January 2003 is, so far as it is not inconsistent with the provisions of this Act, deemed to be a decision, document, licence, consent, approval or authorisation prepared, made, issued or granted by the Authority.
(3) Where anything has been commenced by or on behalf of the Singapore Broadcasting Authority before 1 January 2003, the thing may be carried on and completed by or under the authority of the Authority.
(4) Despite the repeal of Part XI of the Singapore Broadcasting Authority Act (Cap. 297, 1995 Revised Edition), as from 1 January 2003, sections 49 to 53 of that Act continue in force and to apply to the broadcasting successor companies mentioned in those sections as if that Part has not been repealed.
(5) In this section, “broadcasting successor companies” means companies nominated by the Minister for the purposes of the repealed section 49 of the Singapore Broadcasting Authority Act (Cap. 297, 1995 Revised Edition).
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
