Functions of Board
Open ↗7.—(1) The functions of the Board are —(a)
to develop and promote Singapore as a travel and tourist destination;
(b)
to advise the Government on matters relating to travel and tourism;
(c)
to enhance the travel and tourism sector’s contribution to the Singapore economy; [Act 28 of 2022 wef 01/04/2023]
(ca)
to create an economic regulatory framework to regulate persons operating cruise terminals with respect to any matter pertaining to the efficient, reliable and economical operation of cruise terminals, including (but not limited to) the following:(i)
berthing allocations at cruise terminals;
(ii)
the price charged by such persons for any cruise port services and facilities;
(iii)
the operational efficiency of, and the quality of the experience of users and visitors at, cruise terminals including through the timely and seamless delivery or provision of cruise port services and facilities;[Act 28 of 2022 wef 01/04/2023]
(cb)
to operate any cruise terminal in Singapore (including through an agent); and[Act 28 of 2022 wef 01/04/2023]
(d)
to exercise licensing and regulatory functions in respect of any tourism enterprises that the Board may determine.
(2) In addition to the functions of the Board under subsection (1), the Board may undertake any other functions that the Minister may assign to the Board and in so doing the Board is deemed to be fulfilling the purposes of this Act, and the provisions of this Act apply to the Board in respect of such functions.
(3) Nothing in this section is to be construed as imposing on the Board, directly or indirectly, any form of duty or liability enforceable by proceedings before any court.
Powers of Board
Open ↗8.—(1) Subject to this Act, the Board may carry on any activities that appear to the Board to be advantageous, necessary or convenient for it to carry on for or in connection with the discharge of its functions and duties under this Act and, in particular, the Board may exercise the following powers:(a)
to act as an agent for the Government or, with the approval of the Minister, for any person, body or organisation for the transaction of any business connected with any tourism enterprise, whether such person, body, organisation or tourism enterprise is within or outside Singapore;[Act 28 of 2022 wef 01/01/2023]
(b)
to engage in, assist in or promote the improvement or development of facilities for visitors to Singapore and the experience of visitors in travelling to and while in Singapore (including by safeguarding the wellbeing of the visitors while in Singapore), and generally to develop and promote Singapore as a travel and tourist destination of quality, standing and repute;[Act 28 of 2022 wef 01/01/2023]
(c)
to secure overseas publicity for the tourist attractions in Singapore and tourism projects outside Singapore in which Singapore has an interest;
(d)
to coordinate the activities of persons within or outside Singapore, providing services for visitors to Singapore;[Act 28 of 2022 wef 01/01/2023]
(e)
to regulate standards to be maintained by any tourism enterprises that the Board may determine;
(f)
to license any class or classes of tourism enterprises that the Board may determine;[Act 28 of 2022 wef 01/01/2023]
(g)
to acquire, take on lease, hire, hold and enjoy movable and immovable property and to convey, assign, surrender, charge, mortgage, demise, transfer or otherwise dispose of, or deal with, any movable or immovable property belonging to the Board upon any terms that the Board considers fit;
(h)
to provide any grant or subsidy, any loan or advance, any stipend, or any other financial support to any person carrying on a tourism enterprise within or outside Singapore, on the conditions determined by the Board;[Act 28 of 2022 wef 01/01/2023]
(ha)
where a tourism enterprise undertakes any matter for any of the following purposes:(i)
to develop and promote Singapore as a travel and tourist destination;
(ii)
to enhance the travel and tourism sector’s contribution to the Singapore economy,
(whether the tourism enterprise or matter is within or outside Singapore), with the approval of the Minister, to provide any guarantee, indemnity or other security for any obligation or liability of the tourism enterprise in connection with that matter;
[Act 28 of 2022 wef 01/01/2023]
(i)
to enter into any contract or agreement for carrying out the purposes of this Act;
(j)
to receive, in consideration of the services rendered by the Board, such commission or payment as may be agreed upon;
(k)
to exercise all powers and perform all duties which, under any other written law, are or may be or become vested in or delegated to the Board;
(l)
with the approval of the Minister, to make rules for the establishment of any scheme for the payment of pensions, gratuities, provident fund or other superannuation benefits to such employees or classes of employees or former employees of the Board as the Board may determine, on their death or retirement from the service of the Board or on their otherwise leaving the service of the Board;
(m)
to carry on the business of providing transport facilities for persons visiting tourist attractions in Singapore;
(n)
to invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965;
(o)
with the approval of the Minister, to subscribe for or acquire any stock, share, bond, debenture or other financial instrument in any company carrying on a tourism enterprise within or outside Singapore;[Act 28 of 2022 wef 01/01/2023]
(p)
with the approval of the Minister, to invest any money of the Board in any business within or outside Singapore which will promote or be conducive to the tourism trade in Singapore;
(q)
with the approval of the Minister —(i)
to enter into any joint venture with any person; or
(ii)
to form or participate in the formation of any company,
whether in Singapore or elsewhere, for the purpose of carrying out all or any of the functions of the Board;
(r)
with the approval of the Minister, to manage, control or supervise tourism enterprises within or outside Singapore by nominating directors or advisers;[Act 28 of 2022 wef 01/01/2023]
(ra)
to collaborate with persons carrying on tourism enterprises or enter into partnerships or any other arrangements with them, whether any such person or tourism enterprise is within or outside Singapore;[Act 28 of 2022 wef 01/01/2023]
(s)
with the approval of the Minister, to borrow money whether by way of bank overdraft or otherwise for any of the purposes of the Board that the Board may from time to time consider desirable; [Act 28 of 2022 wef 01/01/2023]
(sa)
to collect, compile and analyse information, and commission surveys, research or studies relating to its functions;[Act 28 of 2022 wef 01/01/2023]
(t)
generally to do all matters and things that are incidental to or consequential upon the exercise of the Board’s powers or the discharge of its duties under this Act.[45/2004]
[Act 28 of 2022 wef 01/01/2023]
(2) Any financial support provided by the Board pursuant to subsection (1)(h) may include a requirement for the repayment of the whole or any part of the financial support (whether or not with interest) if the person fails to comply with or satisfy any condition of the financial support, and the Board may sue for the repayment of the financial support with, as may be applicable, any interest, as a debt due to the Board.[Act 28 of 2022 wef 01/01/2023]
Directions by Minister
Open ↗9.—(1) The Minister may give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018.[5/2018]
(2) The Board must provide the Minister with any information with respect to its property and activities that the Minister may require.
Chief Executive
Open ↗10.—(1) There must be a Chief Executive of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.[5/2018]
(2) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —(a)
is absent from duty or Singapore; or
(b)
is, for any reason, unable to perform the duties of the office.[5/2018]
Appointment of officers and employees
Open ↗11.—(1) The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on any terms and conditions that it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.[5/2018]
(2) The Board may appoint, by name or office, from among —(a)
public officers;
(b)
officers and employees of the Board;
(c)
officers and employees of a public authority; and
(d)
auxiliary police officers appointed under the Police Force Act 2004,
any number of inspecting officers that is required for the purposes of this Act and any regulations made under this Act.
[7/2014]
(3) In this section, “public authority” means any board, authority or agency established by or under any public Act to perform or discharge any public function.[7/2014]
Ineligibility for employment as officers or employees
Open ↗12.—(1) A person is not eligible for employment as an officer or employee of the Board if the person has, directly or indirectly, by himself or herself or his or her partner, any share or interest in any contract with, for or on behalf of the Board.
(2) Any officer or employee of the Board who has or acquires any share or interest mentioned in subsection (1) is liable in the discretion of the Board to summary dismissal without notice.
Appointment of committees and delegation of powers
Open ↗13.—(1) The Board may appoint from among its members or other persons who are not members any number of committees consisting of members or other persons, or members and other persons, for purposes which, in the opinion of the Board, would be better regulated and managed by means of those committees.
(2) The Board may, subject to any conditions or restrictions that it may impose, delegate to the Chairperson, Chief Executive or a committee appointed under subsection (1) all or any of the functions, duties and powers vested in the Board by or under this Act or any other written law, and any power, function or duty so delegated may be exercised or performed by the Chairperson, Chief Executive or committee (as the case may be) in the name and on behalf of the Board.
(3) The Board may, subject to any conditions or restrictions that it thinks fit, delegate to any member or employee of the Board all or any of its functions, duties and powers vested in the Board by or under this Act or any other written law, and any power, function or duty so delegated may be exercised or performed by that member or employee in the name and on behalf of the Board.
Public servants
Open ↗14. All inspecting officers —(a)
are deemed to be public servants for the purposes of the Penal Code 1871; and
(b)
in relation to their administration, assessment, collection or enforcement of payment of composition sums or financial penalties under any Act administered by the Board, are deemed to be public officers for the purposes of the Financial Procedure Act 1966, and section 20 of that Act applies to such persons even if they are not or were not in the employment of the Government.[13A
[7/2014; 47/2017; 5/2018]
Validity of acts, etc.
Open ↗14A.—(1) Despite section 33 of the Interpretation Act 1965, the exercise of any power or performance of any function of the Board by the Board is not affected merely because at the relevant time —(a)
there was a vacancy in the membership of the Board, including a vacancy arising from the failure to appoint a member;
(b)
there was some defect or irregularity existing in the appointment or continuance in office of the individual purporting to be a member of the Board; or
(c)
there was an irregularity in the Board’s decision-making procedure that does not affect the merits of the decision made.
(2) The acts of an individual as a member of the Board are not affected merely because —(a)
there was some defect or irregularity existing in the appointment or continuance in office of the individual purporting to be a member of the Board; or
(b)
in the case of an individual acting in the capacity of the Chairperson, member or Chief Executive, the occasion for the individual so acting, or for his or her appointment, had not arisen or had ended.[Act 28 of 2022 wef 01/01/2023]
Payments to Board
Open ↗15. For the purpose of enabling the Board to carry out its functions under this Act and any regulations made under this Act, the Minister may authorise the payment to the Board of such sums as the Minister may determine.[14
[7/2014]
Issue of shares, etc.
Open ↗16. As a consequence of —(a)
the vesting of any property, rights or liabilities of the Government in the Board under this Act; or
(b)
any capital injection or other investment by the Government in the Board in accordance with any written law,
the Board must issue such shares or other securities to the Minister for Finance as that Minister may direct.
[14A
[5/2002]
Establishment and administration of Tourism Fund
Open ↗17.—(1) A fund called the Tourism Fund is established, which is, subject to the directions of the Minister, controlled and administered by the Board.
(2) Subject to sections 41(3) and 42(4), all moneys collected under this Act or any regulations made under this Act and all moneys received by the Board from any source must be paid into the Fund.[15
[7/2014]
Purposes of Fund
Open ↗18. The Fund must be devoted to the following purposes:(a)
the payment of the expenses of, or connected with, the administration of the Board; and
(b)
the payment of all expenses necessary for carrying out the purposes of this Act and any regulations made under this Act.[16
[7/2014]
Protection of superannuation scheme
Open ↗19. The following provisions apply to any scheme established under any of the rules made under section 8(1)(l):(a)
no assurance on the life of any contributor under any such scheme, and no moneys or other benefits payable under any such assurance, and no payment made under any such scheme to any person who has been employed by the Board, are assignable or transferable, or liable to be garnished, attached, sequestered or levied upon for or in respect of any debt or claim whatsoever, other than a debt due to the Board or to the Government;
(b)
no donation by the Board or contribution by its officers made under any such scheme and no interest thereon are assignable or transferable or liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatsoever, other than a debt due to the Board or to the Government;
(c)
no such donation, contribution or interest is subject to the debts of the contributor, nor may such donation, contribution or interest pass to the Official Assignee on the bankruptcy of the contributor, but, if the contributor is adjudicated a bankrupt or is declared insolvent by a court, such donation, contribution or interest is, subject to the provisions of this Act, deemed to be subject to a trust in favour of the persons entitled thereto on the death of the contributor;
(d)
the bankruptcy of a contributor does not affect the making of deductions from the salary of the contributor in accordance with any such scheme, but such deductions must continue to be made despite the provisions of any written law, and the portion of salary so deducted is not to be deemed to form part of his or her after‑acquired property;
(e)
subject to the provisions of any such scheme, all moneys paid or payable under any such scheme on the death of a contributor are deemed to be subject to a trust in favour of the persons entitled thereto under the will or intestacy of such deceased contributor, or under a nomination in such form as may be prescribed in such scheme, and are not to be deemed to form part of his or her estate or be subject to the payment of his or her debts but are deemed to be property passing on his or her death for the purposes of the Estate Duty Act 1929;
(f)
any contributor may by a memorandum under his or her hand appoint a trustee or trustees of the moneys payable on his or her death out of any such scheme and may make provision for the appointment of a new trustee or new trustees of such moneys and for the investment thereof; such memorandum must be in the form prescribed in such scheme and must be deposited with the Board;
(g)
if at the time of the death of any contributor or at any time afterwards, there is no trustee of such moneys or it is expedient to appoint a new trustee or new trustees, then and in any such case a trustee or trustees or a new trustee or new trustees may be appointed by the General Division of the High Court;
(h)
the receipt of a trustee or trustees duly appointed, or in default of any such appointment and of written notice thereof to the Board, the receipt of the legal personal representative of a deceased contributor is a discharge to the Board for any moneys payable on his or her death out of any such scheme.[17
[40/2019]
[Act 28 of 2022 wef 01/01/2023]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
