Procedure generally
s 28
Open ↗28. Except as otherwise provided under this Act or any other Act, the members may regulate their own procedure.
Source
Info-communications Media Development Authority Act 2016 PART 4 — DECISION-MAKING BY AUTHORITY
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Division 1 — Meetings
Notice of meetings
s 29
Open ↗29.—(1) The Authority is to hold such meetings as are necessary for performing its functions. (2) The Chairperson must appoint the times and places of the meetings of the Authority, and cause notice of those meetings to be given to each member not present when the appointment is made. (3) If the Chairperson receives a written request, signed by 4 or more members, that a meeting of the Authority be convened for a purpose specified in the request, the Chairperson must, within 7 days after receiving the request, convene a meeting for that purpose.
Quorum
s 31
Open ↗31.—(1) The quorum for a meeting of the Authority is the higher of the following:(a) one-third of the number of members; (b) 3 members. (2) No business may be transacted at a meeting of the Authority if a quorum is not present.
Presiding at meetings
s 32
Open ↗32.—(1) At a meeting of the Authority, the following person presides:(a) if there is a Chairperson and he or she is present and is not interested (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) in the matter — the Chairperson; (b) if there is no Chairperson, or the Chairperson is not present or is interested (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) in the matter, and there is a Deputy Chairperson who is present and is not interested (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) in the matter — the Deputy Chairperson; (c) in any other case, the member elected, from among the members present at the meeting, to preside.[5/2018] (2) The person specified in subsection (1)(b) or (c) may perform the functions and exercise the powers of the Chairperson for the purposes of the meeting.
Voting at meetings
s 33
Open ↗33.—(1) Each member has one vote. (2) In addition to his or her general vote, the person presiding at a meeting has, in the case of an equality of votes at the meeting, a casting vote. (3) A decision is adopted by the Authority at a meeting if it is agreed to by all members present at the meeting without dissent or if a majority of the votes cast on it are in favour of it. (4) A member present at a meeting of the Authority is presumed to have agreed to, and to have cast a vote in favour of, a decision of the Authority unless he or she expressly dissents from or votes against the decision at the meeting.
Execution of documents
s 35
Open ↗35.—(1) The Authority must have a seal. (2) The Authority’s seal is to be kept and used as authorised by the Authority. (3) A document is duly executed by the Authority if —(a) the Authority’s seal is affixed to the document in the presence of one of its members who must sign the document to attest that the seal was so affixed, and the document is signed —(i) by any 2 members generally or specially authorised by the Authority for the purpose; or (ii) by one member and the Chief Executive; or (b) it is signed on behalf of the Authority by a person or persons authorised to do so by the Authority and in accordance with the terms of that authorisation. (4) Where a document is to be executed under seal, the Authority may, under subsection (3)(b), authorise one or more of its employees to execute, on the Authority’s behalf, the document under the Authority’s seal in accordance with the terms of that authorisation. (5) A document purporting to be executed in accordance with this section is presumed to be duly executed until the contrary is shown. (6) All courts, judges and persons acting judicially must take judicial notice of the imprint of the seal of the Authority appearing on a document. (7) When a document is produced bearing a seal purporting to be the seal of the Authority, it is presumed that the seal is the Authority’s seal until the contrary is shown.
Division 2 — Committees and delegation
Appointment of committees
s 36
Open ↗36.—(1) The Authority may appoint any number of committees that it thinks fit for purposes which, in the opinion of the Authority, would be better regulated and managed by means of those committees. (2) A committee appointed under this section may consist of such individuals as the Authority thinks fit, and may include individuals who are not members of the Authority. (3) Without limiting subsection (1), the Authority may appoint committees —(a) to advise the Authority on matters relating to the Authority’s functions and powers that are referred to the committee by the Authority; or (b) to perform any function or exercise any power of the Authority that is delegated to the committee, if the committee includes at least one member of the Authority. (4) An individual may not be appointed as a member of a committee unless, before appointment, he or she discloses to the Authority the details of any interest (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) the individual may have if he or she were a member of that committee.[5/2018]
Proceedings of committees, etc.
s 37
Open ↗37.—(1) Subject to this Act, the Public Sector (Governance) Act 2018 and the control of the Authority, a committee appointed under section 36 may regulate its own proceedings and business.[5/2018] (2) Section 18 applies to a committee and the members of the committee, with the necessary modifications.
Ability to delegate
s 38
Open ↗38.—(1) The Authority may delegate any of its functions or powers, either generally or specially and subject to any conditions or restrictions that it thinks fit, to any of the following persons:(a) a member of the Authority; (b) the Chief Executive or an employee of the Authority; (c) a committee of the Authority that includes at least one member of the Authority; (d) a company that is incorporated in Singapore and is a subsidiary of the Authority. (2) A delegation under subsection (1) must be by written notice given to the delegate. (3) Subsection (1) does not apply to any function or power under this Act or any other Act that is declared by this Act or that other Act to be non‑delegable.[5/2018] (4) A delegation in accordance with this section —(a) except as otherwise provided in this Act or any other Act administered by the Authority, does not affect or prevent the performance of any function or the exercise of any power by the Authority; (b) is not affected by any change in the membership of a committee (where the committee is the delegate), so long as the committee includes at least one member of the Authority; and (c) is not affected by any change in the individual appointed as the Chief Executive or holding any specified office in the Authority (where the Chief Executive or the holder of the specified office is the delegate).[5/2018] (5) For the purposes of subsection (1)(c), a company is a subsidiary of the Authority if —(a) the Authority is the sole member of that company; or (b) the Authority, as a member of that company, holds more than half of the voting power in that company.
Validity of delegate’s acts, etc.
s 39
Open ↗39. A delegate who purports to perform a function or exercise a power under delegation —(a) is taken to do so in accordance with the terms of the delegation under section 38, unless the contrary is shown; and (b) must produce evidence of the delegation, if reasonably requested to do so.
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