§ 53 — Suspension or revocation, etc., of licence

53.—(1) Subject to section 55, if the LTA is satisfied that —(a)

a licensee is contravening or not complying with, or has contravened or failed to comply with —(i)

any of the conditions of the licensee’s licence;

(ii)

any provision of this Act or the Regulations applicable to the licensee, contravention of or non‑compliance with which is not an offence under this Act;

(iii)

any provision of a standard of performance applicable to the licensee; or

(iv)

any direction or order given to the licensee under subsection (2)(c) or (e) or section 52;

(b)

the licensee —(i)

has gone, or is likely to go, into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; or

(ii)

is, or is likely to be, placed under judicial management of a judicial manager under any written law relating to the insolvency of companies;

(c)

the licensee has made any assignment to, or composition with, its creditors or if a corporation, is unable to pay its debts;

(d)

the licensee is not undertaking an adequate and satisfactory regulated activity;

(e)

the licensee or an officer of the licensee is convicted of any offence under this Act or the Regulations committed during the term of the licence, as the case may be;

(f)

the licence had been obtained by the licensee by fraud or misrepresentation;

(g)

the licence fee, periodic fee, renewal fee or late renewal fee required by section 43(1) or 44(1) (as the case may be) has not been paid by the licensee in full on or by the date on which payment was due; or

(h)

the public interest of Singapore requires,

the LTA may revoke (without compensation) the licensee’s licence.

(2) However, the LTA may, in lieu of revoking a licensee’s licence, do (without compensation) any one or more of the following:(a)

censure the licensee in writing;

(b)

modify any condition of the licensee’s licence;

(c)

direct the licensee —(i)

to do, or to refrain from doing, such things as are specified in a direction to rectify any contravention or non‑compliance mentioned in subsection (1)(a); or

(ii)

to remove, within a period specified in the direction, from all public places EV chargers that are tagged by the licensee in undertaking a regulated activity or any equipment or other thing constructed or installed in the vicinity of the EV charger for or in connection with the regulated activity undertaken when the licence is not in force;

(d)

suspend or partially suspend the licence for not more than 12 months;

(e)

direct the licensee to pay, within a period specified in a direction, a financial penalty of any amount that the LTA thinks fit, but not exceeding $100,000 for each instance of the contravention or non‑compliance which is the subject of the regulatory action;

(f)

direct the furnishing by the licensee of any performance bond, guarantee or other form of security, or an additional performance bond, guarantee or other form of security, for all or any of the following:(i)

to secure compliance by the licensee with any condition attached to the licence or any standard of performance applicable to the licensee;

(ii)

to meet any financial penalty arising out of any regulatory action started or likely to start against the licensee, or both.

(3) Where any financial penalty is imposed on a licensee for contravening or not complying with —(a)

any condition attached to the licence; or

(b)

any standard of performance applicable to the licensee,

any performance bond, guarantee or other form of security furnished by the licensee to secure compliance by the licensee with any condition attached to that licence or any standard of performance applicable to the licensee must not be forfeited by the LTA for that contravention or non‑compliance except to the extent to pay the financial penalty.

(4) In taking any regulatory action under this section in relation to the conviction of a licensee or any person for a criminal offence, the LTA may accept the licensee’s or person’s conviction as final.

(5) For the purposes of subsection (1)(c), a corporation is unable to pay its debts if it is a corporation which is deemed to be so unable under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018.

—(1) Subject to section 55, if the LTA is satisfied that —(a)

a licensee is contravening or not complying with, or has contravened or failed to comply with —(i)

any of the conditions of the licensee’s licence;

(ii)

any provision of this Act or the Regulations applicable to the licensee, contravention of or non‑compliance with which is not an offence under this Act;

(iii)

any provision of a standard of performance applicable to the licensee; or

(iv)

any direction or order given to the licensee under subsection (2)(c) or (e) or section 52;

(b)

the licensee —(i)

has gone, or is likely to go, into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; or

(ii)

is, or is likely to be, placed under judicial management of a judicial manager under any written law relating to the insolvency of companies;

(c)

the licensee has made any assignment to, or composition with, its creditors or if a corporation, is unable to pay its debts;

(d)

the licensee is not undertaking an adequate and satisfactory regulated activity;

(e)

the licensee or an officer of the licensee is convicted of any offence under this Act or the Regulations committed during the term of the licence, as the case may be;

(f)

the licence had been obtained by the licensee by fraud or misrepresentation;

(g)

the licence fee, periodic fee, renewal fee or late renewal fee required by section 43(1) or 44(1) (as the case may be) has not been paid by the licensee in full on or by the date on which payment was due; or

(h)

the public interest of Singapore requires,

the LTA may revoke (without compensation) the licensee’s licence.

(2) However, the LTA may, in lieu of revoking a licensee’s licence, do (without compensation) any one or more of the following:(a)

censure the licensee in writing;

(b)

modify any condition of the licensee’s licence;

(c)

direct the licensee —(i)

to do, or to refrain from doing, such things as are specified in a direction to rectify any contravention or non‑compliance mentioned in subsection (1)(a); or

(ii)

to remove, within a period specified in the direction, from all public places EV chargers that are tagged by the licensee in undertaking a regulated activity or any equipment or other thing constructed or installed in the vicinity of the EV charger for or in connection with the regulated activity undertaken when the licence is not in force;

(d)

suspend or partially suspend the licence for not more than 12 months;

(e)

direct the licensee to pay, within a period specified in a direction, a financial penalty of any amount that the LTA thinks fit, but not exceeding $100,000 for each instance of the contravention or non‑compliance which is the subject of the regulatory action;

(f)

direct the furnishing by the licensee of any performance bond, guarantee or other form of security, or an additional performance bond, guarantee or other form of security, for all or any of the following:(i)

to secure compliance by the licensee with any condition attached to the licence or any standard of performance applicable to the licensee;

(ii)

to meet any financial penalty arising out of any regulatory action started or likely to start against the licensee, or both.

(3) Where any financial penalty is imposed on a licensee for contravening or not complying with —(a)

any condition attached to the licence; or

(b)

any standard of performance applicable to the licensee,

any performance bond, guarantee or other form of security furnished by the licensee to secure compliance by the licensee with any condition attached to that licence or any standard of performance applicable to the licensee must not be forfeited by the LTA for that contravention or non‑compliance except to the extent to pay the financial penalty.

(4) In taking any regulatory action under this section in relation to the conviction of a licensee or any person for a criminal offence, the LTA may accept the licensee’s or person’s conviction as final.

(5) For the purposes of subsection (1)(c), a corporation is unable to pay its debts if it is a corporation which is deemed to be so unable under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018.