Appeal to Minister
Open ↗42.—(1) Any licensee aggrieved by —(a)
any decision of the Authority in the exercise of any discretion vested in it by or under this Act;
(b)
any direction given by the Authority under this Act; or
(c)
anything contained in any code of practice or other standard of performance issued or approved by the Authority,
may appeal to the Minister.
(2) Unless otherwise provided, where an appeal is lodged under this section, the decision, direction or thing in the code of practice or other standard of performance appealed against must be complied with until the determination of the appeal.
(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 or other standard of performance issued or approved by the Authority.
(4) The decision of the Minister in any appeal is final.
General exemption
Open ↗43. The Authority may, with the approval of the Minister, either permanently or for such period as it may think fit, exempt any person or premises or any class of persons or premises from all or any of the provisions of this Act.
Service of documents
Open ↗44.—(1) Any notice, order or document required or authorised by this Act to be given or served on any person, and any summons issued by a court in connection with any offence under this Act may be served on the person —(a)
by delivering it to the person or to some adult member or employee of his or her family at his or her last known place of residence;
(b)
by leaving it at the person’s usual or last known place of residence or business in an envelope addressed to the person;
(c)
by affixing it to some conspicuous part of the person’s last known place of residence; or
(d)
by sending it by registered post addressed to the person at the person’s usual or last known place of residence or business,
and where the person to be served is a body corporate —
(e)
by delivering it to the secretary or other like officer of the body corporate at its registered or principal office; or
(f)
by sending it by registered post addressed to the body corporate at its registered or principal office.
(2) Any notice, order, document or summons sent by registered post to any person in accordance with subsection (1) is deemed to be duly served on the person at the time when the notice, order, document or summons would, in the ordinary course of post, be delivered and in proving service of the notice, order, document or summons, it is sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post.
Regulations
Open ↗45.—(1) The Authority may, with the approval of the Minister, make regulations for carrying out the purposes of this Act and for prescribing any matter which is required under this Act to be prescribed.
(2) The Authority may, with the approval of the Minister, in making any regulations under this section, provide that any contravention of any regulation shall be an offence and may prescribe punishment by a fine not exceeding $5,000 or with imprisonment for a term not exceeding 6 months or with both.
(3) All such regulations must be presented to Parliament as soon as possible after publication in the Gazette.
Incorporation by reference
Open ↗46.—(1) The regulations made under this Act may apply, adopt or incorporate by reference —(a)
wholly or partially;
(b)
with or without any addition, omission or substitution; or
(c)
specifically or by reference,
any code of practice, standard, requirement, specification or other document that relates to any subject matter of any regulations made under this Act (called in this section the material), as in force or published at a particular time or as in force or published from time to time.
(2) The material mentioned in subsection (1) may be material issued by the Authority, or material issued by any standards setting organisation, or other organisation or person.
(3) Any material applied, adopted or incorporated by reference in the regulations under subsection (1) is to be treated for all purposes as forming part of the regulations.
(4) Unless otherwise provided in the regulations, where the material is applied, adopted or incorporated by reference as in force or published from time to time, every amendment to the material that is made by the organisation or person that issued the material is to be treated as being a part of those regulations.
(5) Where any material is applied, adopted or incorporated by reference in any provision of any regulations, the Authority must give notice in the Gazette stating —(a)
that the material is applied, adopted or incorporated in the regulations, and the date from which the material is so applied, adopted or incorporated;
(b)
that the material is available for inspection, free of charge, and the place at which such material may be inspected;
(c)
that copies of the material can be purchased, and the place where the material can be purchased; and
(d)
if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained.
(6) In addition, the Authority must cause a copy of every material applied, adopted or incorporated by reference in the regulations under subsection (1), to be made available for inspection by members of the public without charge at any of its offices during normal office hours.
(7) To avoid doubt, any part of the material that is not applied, adopted or incorporated by reference in the regulations under subsection (1) has no legislative effect.[Act 37 of 2021 wef 29/01/2022]
Advisory guidelines
Open ↗47.—(1) The Authority may issue advisory guidelines for the purposes of providing practical guidance or certainty in respect of any one or more requirements imposed by or under this Act.
(2) The Authority may consult with such person as the Authority thinks fit for the purpose of preparing any advisory guidelines under subsection (1).
(3) The advisory guidelines may —(a)
be of general or specific application; or
(b)
specify that different provisions of the advisory guidelines apply to different circumstances, or are applicable to different persons or classes of persons.
(4) The Authority may amend or revoke the whole or part of any advisory guidelines issued under subsection (1).
(5) Advisory guidelines issued or amended under this section do not have any legislative effect.
(6) Where, in any administrative proceedings commenced in connection with this Act, any provision in this Act to which any advisory guidelines issued under subsection (1) relate is alleged to have been contravened, then —(a)
compliance with such guidelines; or
(b)
a contravention of or failure to comply with, whether by act or omission, such guidelines,
may be relied upon by any party to those proceedings as tending to negative or establish the contravention which is in question in those proceedings.
[Act 37 of 2021 wef 29/01/2022]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
