Administrative matters
Open ↗28.—(1) Subject to the provisions of this Act, any investigation or action to be conducted or taken under this Act or any regulations made under this Act is to be conducted or taken by any person authorised in writing by the Minister.
(2) If any question arises as to whether any particular goods are or are not included in any notification given under this Act or any regulations made under this Act, the Minister must determine the scope of the notification after giving interested parties an opportunity to comment on the scope of the notification.
Protection from personal liability
Open ↗29. No suit or other legal proceedings shall lie against any person authorised under this Act for or on account of or, in respect of, anything which is in good faith done or intended to be done in the execution or purported execution of this Act or any regulations made under this Act.
Establishment of Anti-Dumping Tribunal
Open ↗30.—(1) There is established an Anti-Dumping Tribunal to perform the functions specified in sections 13 and 27.
(2) The Minister is to appoint the Chairperson of the Tribunal and not more than 2 other persons as members of the Tribunal.
(3) The Chairperson and members of the Tribunal hold office for such period not exceeding 3 years as may be determined by the Minister and are eligible for re‑appointment.
(4) The Minister is to determine the remuneration and other terms and conditions of the appointment of the Chairperson and members of the Tribunal.
(5) No person may be appointed or continue to hold office as a member of the Tribunal if he or she —(a)
has a mental disorder and is incapable of managing himself or herself or his or her affairs;
(b)
is an undischarged bankrupt or has made any arrangement or composition with his or her creditors; or
(c)
is convicted of an offence involving dishonesty, fraud or moral turpitude and has not received a free pardon.[21/2008]
(6) The Chairperson or any member of the Tribunal may at any time resign from his or her office by giving written notice to the Minister.
(7) The Chairperson and members of the Tribunal are deemed to be public servants for the purposes of the Penal Code 1871.
(8) The Tribunal must review the evidence on the record to ascertain whether there is substantial evidence on the record to support the Minister’s decision.
(9) In any review —(a)
the procedure to be followed is within the Tribunal’s discretion; and
(b)
the Tribunal —(i)
is not bound to act in a formal manner; and
(ii)
is not bound by the rules of evidence.
(10) The Tribunal has powers to do all things necessary or convenient to be done for or in connection with the performance of its functions under this Act.
(11) The Minister may make such rules as may be necessary or expedient for the purpose of enabling the Tribunal to carry out its functions and, in particular, may make rules to provide for the constitution, officers and proceedings of the Tribunal.
(12) In this section, “Minister” means the Minister charged with the responsibility for law.
Delegation
Open ↗31.—(1) The Minister may, by writing under his or her hand, delegate to any person, either generally or otherwise, all or any of the Minister’s powers and functions under this Act or any regulations made under this Act except his or her powers under sections 3, 9, 14, 23 and 46; and any reference in this Act or those regulations to the Minister includes (unless the context otherwise requires) a reference to a delegate.
(2) A delegate of the Minister is, in the exercise of the delegate’s powers and the performance of the delegate’s functions under this Act or any regulations made under this Act, other than in the delegate being satisfied or having an opinion as to any matter, subject to the directions of the Minister.
Application of Customs Act 1960
Open ↗32.—(1) This Act is to be construed as one with the Customs Act 1960 and, unless otherwise provided in this Act, for the purposes of the interpretation of this Act, section 3 of the Customs Act 1960 applies to this Act in the same manner as it applies for the purposes of the interpretation of the Customs Act 1960.
(2) In the event of any inconsistency occurring between the provisions of the Customs Act 1960 and the provisions of this Act, the provisions of this Act prevail.
(3) Any countervailing or anti-dumping duty imposed under this Act must be paid to the Director-General of Customs.[4/2003]
(4) The Customs Act 1960 applies, to the extent relevant and with such exceptions or modifications as may be prescribed, to any countervailing or anti-dumping duty as it applies to a customs duty or excise duty imposed under the provisions of the Customs Act 1960.[33/2000]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
