Interpretation of this Part
s 36
36.—(1) In this Part, unless the context otherwise requires —“calling line identity” means the telephone number or information identifying the sender; “checker” means a person mentioned in section 43A(1); “financial services” has the meaning given by section 2 of the Consumer Protection (Fair Trading) Act 2003; “goods” means any personal property, whether tangible or intangible, and is deemed to include —(a) chattels that are attached or intended to be attached to real property on or after delivery; (b) financial products and credit, including credit extended solely on the security of land; (c) any residential property; and (d) a voucher; “message” means any message, whether in sound, text, visual or other form; “register” means any Do Not Call Register kept and maintained under section 39; “send”, in relation to a message, means —(a) to send the message, cause the message to be sent, or authorise the sending of the message; or (b) to make a voice call containing the message, cause a voice call containing the message to be made, or authorise the making of a voice call containing the message; “sender”, in relation to a message, means a person —(a) who sends the message, causes the message to be sent, or authorises the sending of the message; or (b) who makes a voice call containing the message, causes a voice call containing the message to be made, or authorises the making of a voice call containing the message; “services” includes —(a) a service offered or provided that involves the addition to or maintenance, repair or alteration of goods or any residential property; (b) a membership in any club or organisation if the club or organisation is a business formed to make a profit for its owners; (c) the right to use time share accommodation under a time share contract; and (d) financial services; “Singapore telephone number” means —(a) a telephone number, with 8 digits beginning with the digit “3”, “6”, “8” or “9”, that is in accordance with the National Numbering Plan mentioned in regulation 12A of the Telecommunications (Class Licences) Regulations; or (b) any other telephone numbers as may be prescribed; “subscriber”, in relation to a Singapore telephone number, means the subscriber of the telecommunications service to which the Singapore telephone number is allocated; “time share accommodation” means any living accommodation, in Singapore or elsewhere, used or intended to be used (wholly or partly) for leisure purposes by a class of persons all of whom have rights to use, or participate in arrangements under which they may use, that accommodation or accommodation within a pool of accommodation to which that accommodation belongs; “time share contract” means a contract which confers or purports to confer on an individual time share rights that are exercisable during a period of not less than 3 years; “voice call” includes —(a) a call that involves a recorded or synthetic voice; or (b) in the case of a recipient with a disability (for example, a hearing impairment), a call that is equivalent to a voice call.[40/2020] (2) For the purposes of this Part, a telecommunications service provider who merely provides a service that enables a specified message to be sent is, unless the contrary is proved, presumed not to have sent the message and not to have authorised the message to be sent. (3) For the purposes of this Part, if a specified message is sent and at the relevant time the telecommunications device, service or network from which it was sent was controlled by a person without the knowledge of the owners or authorised users of the telecommunications device, service or network, the owners or authorised users are, unless the contrary is proved, presumed not to have sent the message and not to have authorised the sending of the message. (4) In subsection (3), “control” means either physical control or control through the use of software or other means. —(1) In this Part, unless the context otherwise requires —“calling line identity” means the telephone number or information identifying the sender; “checker” means a person mentioned in section 43A(1); “financial services” has the meaning given by section 2 of the Consumer Protection (Fair Trading) Act 2003; “goods” means any personal property, whether tangible or intangible, and is deemed to include —(a) chattels that are attached or intended to be attached to real property on or after delivery; (b) financial products and credit, including credit extended solely on the security of land; (c) any residential property; and (d) a voucher; “message” means any message, whether in sound, text, visual or other form; “register” means any Do Not Call Register kept and maintained under section 39; “send”, in relation to a message, means —(a) to send the message, cause the message to be sent, or authorise the sending of the message; or (b) to make a voice call containing the message, cause a voice call containing the message to be made, or authorise the making of a voice call containing the message; “sender”, in relation to a message, means a person —(a) who sends the message, causes the message to be sent, or authorises the sending of the message; or (b) who makes a voice call containing the message, causes a voice call containing the message to be made, or authorises the making of a voice call containing the message; “services” includes —(a) a service offered or provided that involves the addition to or maintenance, repair or alteration of goods or any residential property; (b) a membership in any club or organisation if the club or organisation is a business formed to make a profit for its owners; (c) the right to use time share accommodation under a time share contract; and (d) financial services; “Singapore telephone number” means —(a) a telephone number, with 8 digits beginning with the digit “3”, “6”, “8” or “9”, that is in accordance with the National Numbering Plan mentioned in regulation 12A of the Telecommunications (Class Licences) Regulations; or (b) any other telephone numbers as may be prescribed; “subscriber”, in relation to a Singapore telephone number, means the subscriber of the telecommunications service to which the Singapore telephone number is allocated; “time share accommodation” means any living accommodation, in Singapore or elsewhere, used or intended to be used (wholly or partly) for leisure purposes by a class of persons all of whom have rights to use, or participate in arrangements under which they may use, that accommodation or accommodation within a pool of accommodation to which that accommodation belongs; “time share contract” means a contract which confers or purports to confer on an individual time share rights that are exercisable during a period of not less than 3 years; “voice call” includes —(a) a call that involves a recorded or synthetic voice; or (b) in the case of a recipient with a disability (for example, a hearing impairment), a call that is equivalent to a voice call.[40/2020] (2) For the purposes of this Part, a telecommunications service provider who merely provides a service that enables a specified message to be sent is, unless the contrary is proved, presumed not to have sent the message and not to have authorised the message to be sent. (3) For the purposes of this Part, if a specified message is sent and at the relevant time the telecommunications device, service or network from which it was sent was controlled by a person without the knowledge of the owners or authorised users of the telecommunications device, service or network, the owners or authorised users are, unless the contrary is proved, presumed not to have sent the message and not to have authorised the sending of the message. (4) In subsection (3), “control” means either physical control or control through the use of software or other means.