Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Persons carrying on business of travel agent to be licensed
6.—(1) A person must not carry on the business of a travel agent unless the person is authorised to do so by a licence.[47/2017] (2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 2 years or to both.[47/2017]
Application for licence or renewal of licence
7.—(1) Any person who desires to obtain or renew a licence must make an application to the Board in the form the Board requires.[47/2017] (2) Upon receiving an application under subsection (1), the Board must consider the application and may —(a) grant or renew a licence for any duration that the Board may specify in the licence; or (b) refuse the application.[47/2017] (3) The Board may refuse to grant or renew a licence if —(a) the applicant or a relevant individual of the applicant is not a suitable person to be involved in the management or operation of the business of a travel agent; (b) the applicant is unable to meet or continue to meet any minimum financial requirements that may be prescribed; (c) the Board has reason to believe that the applicant or a relevant individual of the applicant has committed any offence involving dishonesty or moral turpitude; (d) the Board has reason to believe that the applicant is contravening or has contravened —(i) any provision of this Act or the regulations; or (ii) any condition of a licence or any code of conduct applicable to the applicant; (e) the Board has reason to believe that a relevant individual of the applicant is contravening or has contravened, or is responsible for another licensee’s contravention of —(i) any provision of this Act or the regulations; or (ii) any condition of a licence or any code of conduct applicable to the relevant individual or the other licensee, as the case may be; (f) the application for the grant or renewal of the licence contains a statement or information that is untrue, or misleading (including as a result of any omission), in any material particular; (g) all relevant individuals of the applicant are incapable, by reason of illness, infirmity or any other cause, of carrying on the business of a travel agent; or (h) the Board considers it in the public interest to do so.[47/2017] (4) Before refusing an application to renew a licence, the Board must —(a) serve the applicant written notice of its intention; and (b) give the applicant an opportunity to submit reasons, within any period that the Board may specify in that notice, why the application should not be refused.[47/2017] (5) For the purposes of subsection (3)(e), a relevant individual is responsible for any contravention of a licensee if the relevant individual —(a) consented or connived, or conspired with others, to effect the licensee’s contravention; (b) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the contravention of the licensee; or (c) knew or ought reasonably to have known that the contravention of the licensee (or a contravention of the same type) would be or is being effected, and failed to take all reasonable steps to prevent or stop the contravention.[47/2017] (6) To avoid doubt —(a) subsection (3)(d) applies in relation to any contravention by the applicant, whether the contravention occurred before, on or after 1 January 2018; and (b) subsection (3)(e) applies in relation to —(i) any contravention by a relevant individual of the applicant, whether the contravention occurred before, on or after 1 January 2018; and (ii) any contravention by a licensee mentioned in subsection (3)(e) for which the relevant individual is responsible, whether the contravention occurred before, on or after 1 January 2018.[47/2017]
Travel agent licence
7A.—(1) A licence is subject to any conditions that the Board may specify in writing.[47/2017] (2) The conditions of a licence may include the assignment to the licensee of such description or classification as a travel agent as the Board considers appropriate to specify the type of business of a travel agent mentioned in section 4(1) that the licensee is authorised to carry on.[47/2017] (3) The Board may, at any time, vary or revoke any of the conditions of a licence or impose any new condition.[47/2017] (4) Before taking any action under subsection (3) that is to a licensee’s disadvantage, the Board must —(a) serve the licensee written notice of its intention; and (b) give the licensee an opportunity to submit reasons, within a reasonable period after the date that the Board serves the written notice, why the conditions of the licence should not be so varied or revoked, or the new condition should not be imposed.[47/2017] (5) An appeal made under section 11 against the Board’s decision under subsection (3) does not affect the operation of the decision or prevent the taking of any action to implement the decision, unless directed by the Minister in any particular case.[47/2017]
Limit as to number of licences granted
8. The Board may, with the approval of the Minister, limit the number of licences to be granted under this Act.
Suspension or revocation of licence
9.—(1) The Board may suspend a licence for a period not exceeding 6 months (or a longer maximum period if prescribed in substitution), or revoke a licence, if —(a) the licensee or a relevant individual of the licensee is not a suitable person to be involved in the management or operation of the business of a travel agent, including by reason of the manner in which the licensee is carrying on that business; (b) the Board has reason to believe that the licensee or a relevant individual of the licensee has committed any offence involving dishonesty or moral turpitude; (c) the Board has reason to believe that the licensee is contravening or has contravened —(i) any provision of this Act or the regulations; or (ii) any condition of a licence or any code of conduct applicable to the licensee; (d) the Board has reason to believe that a relevant individual of the licensee is contravening or has contravened, or is responsible for another licensee’s contravention of —(i) any provision of this Act or the regulations; or (ii) any condition of a licence or any code of conduct applicable to the relevant individual or the other licensee, as the case may be; (e) the application for the grant or renewal of the licence contains a statement or information that is untrue, or misleading (including as a result of any omission), in any material particular; (f) all relevant individuals of the licensee are incapable, by reason of illness, infirmity or any other cause, of carrying on the business of a travel agent; (g) the licensee has ceased to carry on the business of a travel agent; or (h) the Board considers it in the public interest to do so.[47/2017] (2) Subject to subsection (3), where subsection (1)(c) applies, instead of suspending or revoking the licensee’s licence, the Board may require the licensee to pay a financial penalty of such amount not exceeding $2,000, by such date, as the Board may determine.[47/2017] (3) Subsection (2) does not apply in respect of any contravention that is prescribed to be an offence under this Act or the regulations.[47/2017] (4) Subject to subsection (5), before suspending or revoking a licence under subsection (1) or imposing a financial penalty under subsection (2), the Board must —(a) serve the licensee written notice of its intention; and (b) give the licensee an opportunity to submit reasons, within 14 days after the date that the Board serves the written notice, why the licence should not be suspended or revoked or the financial penalty should not be imposed.[47/2017] (5) Subsection (4) does not apply where the licensee has died or is adjudged a bankrupt, or has been dissolved or wound up, or has otherwise ceased to exist.[47/2017] (6) Any decision of the Board to suspend or revoke a licence, or require the payment of a financial penalty, under this section only takes effect as from the day immediately following the latest of the following events where applicable:(a) if no appeal is made against the decision of the Board, the expiry of the period allowed under section 11 for the licensee to make the appeal; (b) if an appeal is made against the decision of the Board —(i) the appeal is withdrawn; (ii) the Minister confirms the Board’s decision under section 11; or (iii) the Board confirms its decision upon a reconsideration required by the Minister under section 11.[47/2017] (7) Where any decision of the Board to suspend a licence becomes effective under subsection (6), the licensee concerned must not, during the period that the order of suspension is in force, carry on the business of a travel agent other than doing what is necessary to fulfil the licensee’s obligations under a contract to supply a travel product, entered into before the date the order of suspension takes effect.[47/2017] (8) For the purposes of subsection (1)(d), a relevant individual is responsible for any contravention of a licensee if the relevant individual —(a) consented or connived, or conspired with others, to effect the licensee’s contravention; (b) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the contravention by the licensee; or (c) knew or ought reasonably to have known that the contravention by the licensee (or a contravention of the same type) would be or is being effected, and failed to take all reasonable steps to prevent or stop the contravention.[47/2017] (9) To avoid doubt —(a) subsection (1)(c) applies in relation to any contravention by the licensee, whether the contravention occurred before, on or after 1 January 2018; and (b) subsection (1)(d) applies in relation to —(i) any contravention by a relevant individual of the licensee, whether the contravention occurred before, on or after 1 January 2018; and (ii) any contravention by a licensee mentioned in subsection (1)(d) for which the relevant individual is responsible, whether the contravention occurred before, on or after 1 January 2018.[47/2017] (10) A reference in subsection (7) to the day a decision to suspend becomes effective includes a reference to the date specified in a notice, given before 1 January 2018, specifying when a suspension of a licence takes effect. [47/2017]
Board may require licensees to inform customers of notice under section 9
10.—(1) Where the Board has served a written notice mentioned in section 9(4) on a licensee, the Board may also require the licensee to inform each of the following in writing, and in such form or manner as the Board may specify, of the Board’s notice:(a) a person who, as at the date the Board serves the written notice, has a contract with the licensee for the licensee to supply a travel product, and in respect of which the licensee has not fully performed the licensee’s obligations; (b) any other person who, in any way, communicates with the licensee during the specified period in relation to a travel product.[47/2017] (2) A licensee who is required by the Board to inform a person mentioned in subsection (1) of the Board’s notice must inform the person of that fact —(a) for a person mentioned in subsection (1)(a) — within 2 working days after the date the Board serves the written notice; and (b) for a person mentioned in subsection (1)(b) — within 2 working days after the date of the first communication from the person, if the 2 working days fall in the specified period, or before entering into a contract with the person for the licensee to supply a travel product, whichever is earlier.[47/2017] (3) A licensee who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000.[47/2017] (4) In this section, “specified period”, in relation to a licensee, means the period starting on the day the Board serves a written notice on the licensee under section 9(4) and ending —(a) subject to paragraph (b), 3 months (or any longer period that may be prescribed in substitution) after that day; or (b) if the Board makes a decision under section 9(1) within the period mentioned in paragraph (a) —(i) where the decision of the Board is to suspend or revoke the licensee’s licence, on the day the decision becomes effective under section 9(6); (ii) where there is an appeal against the Board’s decision and the Board’s decision is reversed, on the day the decision is reversed; and (iii) where the Board decides not to suspend or revoke the licence, on the day of the Board’s decision.[47/2017] (5) A written notice in section 9(4) includes a written notice of intention to suspend a licence given before 1 January 2018.[47/2017]
Appeal to Minister
11.—(1) Any person aggrieved by an appealable decision of the Board may appeal against the decision to the Minister within 14 days after notice of the decision is served on the person or any extended period that the Minister may allow in any particular case.[47/2017] (2) An appeal made under subsection (1) must be in writing and state —(a) the circumstances under which the appeal arises and the issues and grounds for the appeal; and (b) all relevant facts, evidence and arguments in respect of the appeal.[47/2017] (3) The Minister may require any of the following to provide the Minister with all such information as the Minister may require for the purpose of considering and determining the appeal:(a) the appellant; (b) the Board; (c) any person who is not a party to the appeal but appears to the Minister to have information that is relevant to the circumstances under which the appeal arises.[47/2017] (4) The appellant, Board or person (as the case may be) must provide the information to the Minister in such manner and within such period as may be specified by the Minister.[47/2017] (5) The Minister may reject an appeal if the appellant fails to comply with subsection (2) or (4).[47/2017] (6) The Minister may determine an appeal by —(a) confirming, varying or reversing the Board’s decision; or (b) requiring the Board to reconsider the Board’s decision.[47/2017] (7) The Minister’s decision on appeal is final.[47/2017] (8) Every appellant must be notified of the Minister’s decision under subsection (6).[47/2017] (9) The Minister may designate any of the following persons to hear and determine, in the Minister’s place, any appeal or a specific appeal to the Minister under subsection (1):(a) any Minister of State, including a Senior Minister of State, for his or her Ministry; (b) any Parliamentary Secretary, including a Senior Parliamentary Secretary, to his or her Ministry.[47/2017] (10) A reference to the Minister in this section (other than in subsection (1) or (9)) includes a reference to a person designated under subsection (9).[47/2017] (11) In this section, “appealable decision” means a decision of the Board —(a) refusing to grant or renew a licence under section 7(2); (b) varying, revoking or imposing a condition under section 7A(3); (c) suspending or revoking a licence under section 9(1); or (d) requiring a person to pay a financial penalty under section 9(2).[47/2017]
Power of Board to publish information
12. The Board may, where the Board thinks it necessary or expedient in the interest of the public and in such form or manner as the Board thinks fit, publish information relating to —(a) a licensee on whom the Board has served a written notice mentioned in section 9(4); and (b) any action the Board takes under section 9(1) or (2).[47/2017]
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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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