Advisory guidelines
Open ↗42A.—(1) The LTA may make advisory guidelines with a view to providing guidance or certainty in respect of any one or more of the provisions in this Act.(2) Advisory guidelines, for example, may be made about —(a)
what amounts to a material function of a designated operating entity for the purposes of section 28J(1)(a); or
(b)
the relevant principles to consider in determining what amounts to a material impediment to or impairment of the operations of a designated operating entity for the purposes of section 28J(3)(a).
(3) The LTA may make different advisory guidelines under subsection (1) in respect of different persons or entities or different classes of persons or entities.
(4) The Authority must —(a)
give a copy of each advisory guideline it makes to the Minister; and
(b)
publish each advisory guideline (in any way that the Authority thinks fit), send each advisory guideline to each person or entity to whom the guideline applies (by any mode the Authority thinks fit), or both.
(5) Despite subsection (4)(b), the Authority must publish each advisory guideline (in any way that the Authority thinks fit) if the advisory guideline has any effect on the rights of any person or entity other than the person or entity to which the advisory guideline applies.
(6) The failure to comply with subsection (4) or (5) in respect of any advisory guideline does not invalidate the advisory guideline.
[Act 20 of 2024 wef 01/04/2025]
—(1) The LTA may make advisory guidelines with a view to providing guidance or certainty in respect of any one or more of the provisions in this Act.
(2) Advisory guidelines, for example, may be made about —(a)
what amounts to a material function of a designated operating entity for the purposes of section 28J(1)(a); or
(b)
the relevant principles to consider in determining what amounts to a material impediment to or impairment of the operations of a designated operating entity for the purposes of section 28J(3)(a).
(3) The LTA may make different advisory guidelines under subsection (1) in respect of different persons or entities or different classes of persons or entities.
(4) The Authority must —(a)
give a copy of each advisory guideline it makes to the Minister; and
(b)
publish each advisory guideline (in any way that the Authority thinks fit), send each advisory guideline to each person or entity to whom the guideline applies (by any mode the Authority thinks fit), or both.
(5) Despite subsection (4)(b), the Authority must publish each advisory guideline (in any way that the Authority thinks fit) if the advisory guideline has any effect on the rights of any person or entity other than the person or entity to which the advisory guideline applies.
(6) The failure to comply with subsection (4) or (5) in respect of any advisory guideline does not invalidate the advisory guideline.
Authorised officers
Open ↗43.—(1) The LTA may, in relation to any provision in this Act or its regulations, appoint any of its officers or employees to be an authorised officer for the purposes of that provision, either generally or in a particular case.
(2) The LTA may delegate the exercise of all or any of the powers conferred or duties imposed upon the LTA by any provision of this Act (except the power of delegation conferred by this subsection) to any authorised officer, subject to any conditions or limitations set out in this Act or as specified by the LTA; and any reference in the provision of this Act to the LTA includes a reference to such an authorised officer.
Offences by bodies corporate, etc.
Open ↗44.—(1) Where an offence under this Act committed by a body corporate is proved —(a)
to have been committed with the consent or connivance of an officer of the body corporate; or
(b)
to be attributable to any neglect on the officer’s part,
the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.
(3) Where an offence under this Act committed by a partnership is proved —(a)
to have been committed with the consent or connivance of a partner; or
(b)
to be attributable to any neglect on the partner’s part,
the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —(a)
to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
(b)
to be attributable to any neglect on the part of such an officer or a member,
the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(5) In this section —“body corporate” includes a limited liability partnership;
“officer” —(a)
in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or
(b)
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, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner.
(6) The Minister may make regulations to provide for the application of any provision of this section, with any modifications that the Minister considers appropriate, to any body corporate, limited liability partnership or unincorporated association formed or recognised under the law of a territory outside Singapore.
Service of documents
Open ↗45.—(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, secretary 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 the 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;
(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; 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; or
(b)
by any other method authorised by the regulations made under section 49 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.[38/2018]
(6) Service of a document under subsection (1) 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; and
(c)
if the document is sent by prepaid registered post, 2 days after the day the document is posted (even if it is returned undelivered).
(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.[38/2018]
(8) In this section, “document” includes a notice or an order permitted or required by this Act to be served.
(9) However, this section does not apply to documents to be served in proceedings in court.
(10) In this section —“business address” means —(a)
in the case of an individual, the individual’s usual or last known place of business 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 that 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 the document has been served on the addressee;
“last email address” means —(a)
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; or
(b)
the last email address of the addressee concerned known to the person giving or serving the document;
“residential address” means an individual’s usual or last known place of residence in Singapore.[38/2018]
General exemption
Open ↗46. The Minister may, by order in the Gazette, exempt any person or class of persons from all or any provisions (or any part of any provision) of this Act, either generally or in a particular case and subject to any conditions that the Minister may impose.[Act 20 of 2024 wef 01/04/2025]
Jurisdiction of courts
Open ↗47. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.
No compensation payable
Open ↗48. No compensation is payable by the LTA to any person in respect of or as a consequence of any decision of the LTA under this Act —(a)
to enter or not to enter into a public bus services contract with anyone;
(b)
not to renew a public bus services contract; or
(c)
to suspend or terminate a public bus services contract.
Power to amend Schedule
Open ↗48A. The Minister may, by order in the Gazette, amend the Schedule.[Act 20 of 2024 wef 01/04/2025]
Regulations
Open ↗49.—(1) The LTA may, with the approval of the Minister, make regulations necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) In particular, the LTA may make regulations for any of the following:(a)
classes of licences;
(b)
the form and manner in which, and the time within which, an application for a licence or an application to renew a licence may be made, and the information and evidence required to be provided in connection with the application;
(c)
the carrying out of inquiries of applicants for a licence;
(d)
the duties of licensees;
(e)
the fees to be paid in respect of applications for and the grant, renewal or late renewal of any licence, and otherwise in connection with the administration of this Act, and the waiver, reduction or refund of fees charged;
(f)
the records that are to be kept by licensees and the provision of returns and other information with respect to the operation of bus services, or bus depots and bus interchanges;
(g)
service standards or other requirements, restrictions or conditions that apply in the provision of bus services by a bus service licensee that is not a public bus operator.
(3) Regulations made under this section may —(a)
provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $5,000; and
(b)
provide for any transitional, saving and other consequential, incidental and supplemental provisions that are necessary or expedient.
(4) All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
