Authority to administer Act
3.—(1) The Authority is charged with the general administration of this Act and the exercise of the functions and duties imposed on the Authority by this Act.
(2) The Authority may authorise any person to assist it in the exercise of its functions and duties under this Act, either generally or in a particular case.
(3) Subject to the provisions of this Act, it is the function and duty of the Authority —(a)
to protect the interests of consumers with regard to —(i)
the prices and other terms for the supply of gas;
(ii)
the reliability, availability and continuity of the supply of gas; and
(iii)
the quality of gas supply services provided;
(b)
to protect the public from dangers (including to health) arising from the import, production, processing, storage, conveyance, shipping, supply or use of gas;
(c)
to secure that gas licensees whose prices are controlled by the Authority are able to provide an efficient service and maintain financial viability;
(d)
to promote the efficient use of gas by consumers;
(e)
to promote competition in the supply of natural gas;
(f)
to perform the functions of economic, technical and safety regulator for the gas industry in Singapore;
(g)
to ensure security of supply of gas to consumers and to arrange for the secure operation of the gas transmission network in accordance with the Gas Network Code or other codes of practice;
(h)
to advise the Government on all matters relating to the production, processing, storage, conveyance, shipping, supply or use of gas; and
(i)
to do such other things as are required under this Act and to take such steps as are necessary or expedient for the effective discharge of its functions and duties under this Act.[43/2018]
(4) In performing its functions and exercising its powers, the Authority must —(a)
use its reasonable endeavours to apply principles and methodologies to gas licensees who conduct similar activities within a particular sector of the gas industry in a non-discriminatory manner; and
(b)
act in a reasonable manner in all circumstances.
(5) Nothing in this section is to be construed as imposing on the Authority, directly or indirectly, any form of duty or liability enforceable by proceedings before any court.
(6) For the purposes of this section, “consumers” includes both existing and future consumers of gas.
Power to obtain information
4.—(1) The Authority or any authorised officer may by notice require any person to furnish, within a reasonable period specified in the notice, all information and documents relating to all such matters as may reasonably be required by the Authority to carry out the functions or duties assigned to the Authority by or under this Act, which are within the knowledge of that person or in that person’s custody or under that person’s control.
(2) The power to require a person to furnish any information or document under subsection (1) includes the power —(a)
to require that person, or any person who is or was an officer or employee of that person, to provide an explanation of the information or document;
(b)
if the information or document is not furnished, to require that person to state, to the best of that person’s knowledge and belief, where it is; and
(c)
if the information is recorded otherwise than in legible form, to require the information to be made available to the Authority in legible form.[24/2007]
(3) Any person who, without reasonable excuse, fails to do anything required of the person by notice under subsection (1) shall be guilty of an offence.
(4) Any person who —(a)
intentionally alters, suppresses or destroys any information or document which the person has been required by any notice under subsection (1) to furnish; or
(b)
in furnishing any information or document required by any notice under subsection (1), makes any statement which the person knows to be false in a material particular or recklessly makes such a statement,
shall be guilty of an offence.
(5) If any person fails to comply with a notice under subsection (1), the court may, on the application of the Authority, make such order as the court thinks fit to secure compliance with such notice.
(6) Any order referred to in subsection (5) may provide that all the costs and expenses of and incidental to the application are to be borne by such person or by any officer of a company or other association who is responsible for the failure.
(7) The Authority through an authorised officer may, at any time after the expiry of the period specified in the notice referred to in subsection (1), enter any building or place where the Authority has reason to believe that any information or document in respect of which it has given the notice may be found, and seize or take extracts or copies of any such information or document.
(8) The Authority is entitled without payment to keep any information or document, or any copy or extract thereof, furnished to it under subsection (1) or obtained under subsection (7).[24/2007]
(9) Except in the performance of the person’s functions or duties or when required to do so by any court or under any written law, a person who is or has been a member, an officer, an employee or an agent of the Authority or a member of a committee of the Authority must not disclose any information relating to the affairs of the Authority or of any other person which has been obtained by the firstmentioned person in the performance of the firstmentioned person’s functions or duties.
(10) Any person who contravenes subsection (9) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
Restriction on disclosure of confidential information
5.—(1) This section applies if —(a)
any information or document is given by a person to the Authority under this Act (other than Part 9); and
(b)
at the time such information or document is given, the person giving it notifies the Authority in writing that it is of a confidential or commercially sensitive nature.
(2) The Authority must not disclose to any person the information or the contents of a document to which this section applies unless —(a)
the Authority is of the opinion that —(i)
the disclosure of the information or the contents of the document would not cause detriment to the person supplying it or to any other person who is aware of the information or document; or
(ii)
although the disclosure of the information or the contents of the document would cause detriment to the person supplying it or to any other person who is aware of the information or the contents of the document, the public benefit in disclosing outweighs that detriment;
(b)
the Authority gives written notice to —(i)
the person who supplied the information or document; and
(ii)
any other person whom the Authority is aware has supplied the information or document to the person referred to in sub‑paragraph (i), where the identity of such other person is known to the Authority,
stating that the Authority wishes to disclose the information or contents of the document, specifying the nature of the intended disclosure and detailed reasons why the Authority wishes to make the disclosure and setting out a copy of this section; and
(c)
no appeal is made to the Minister under subsection (3) within 7 days of the date of the giving of the notice.
(3) A person aggrieved by a notice under subsection (2)(b) may appeal to the Minister under section 93(1)(a) within 7 days of the date of the giving of the notice.[24/2007]
(4) Subsection (2) does not prevent the Authority from disclosing any information or the contents of any document —(a)
to any member, officer or employee of the Authority or any agent, consultant, committee or panel acting for or under the direction of the Authority;
(b)
to the Minister or any agent, consultant, committee or panel acting for or under the direction of the Minister;
(c)
to an Appeal Panel;
(d)
when required to do so by any court or under this Act or any other written law; or
(e)
for the purposes of any criminal proceedings.[24/2007]
(5) For the purposes of this section, the disclosure of any information or the contents of a document already in the public domain at the time the Authority wishes to disclose it cannot cause detriment to any person referred to in subsection (2)(a).
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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