s 29G Suspension and revocation of cruise terminal licence, etc.
29G.—(1) If the Controller is satisfied in relation to any cruise terminal licensee of a cruise terminal that —(a) the cruise terminal licensee has contravened, is contravening, or is likely to contravene —(i) any provision of this Act or any regulations made for the purposes of this Act, or any provision of the Maritime and Port Authority of Singapore Act 1996 or any regulations made under that Act; (ii) any condition of its cruise terminal licence or a public licence granted to it under the Maritime and Port Authority of Singapore Act 1996; or (iii) any direction issued by the Controller to the cruise terminal licensee under Division 3 or this subsection (as may be modified under that Division or this section, as the case may be), or by the Maritime and Port Authority of Singapore under the Maritime and Port Authority of Singapore Act 1996 to the applicant as a public licensee (as may be modified under that Act); (b) the cruise terminal licensee provided or caused to be provided to the Controller or any inspecting officer any information (including information in connection with its application for or renewal of a cruise terminal licence) which is false or misleading (including as a result of an omission) in any material particular, or the cruise terminal licensee otherwise obtained its cruise terminal licence through fraud or misrepresentation; (c) the cruise terminal licensee refuses or fails, without reasonable excuse, to comply with any requirement of the Controller or an inspecting officer under section 32B(1); (d) the cruise terminal licensee has gone or is likely to go into compulsory liquidation or voluntary liquidation other than for the purpose of amalgamation or reconstruction; (e) the cruise terminal licensee has made any assignment to, or composition with, its creditors; (f) the cruise terminal licensee has ceased or is likely to cease operation of the cruise terminal to which its cruise terminal licence relates; (g) the cruise terminal licensee is not a suitable person to continue to be involved in the operation of the cruise terminal; (h) the cruise terminal licensee ceases to have in force a public licence granted under the Maritime and Port Authority of Singapore Act 1996 in relation to the cruise terminal to which the cruise terminal licence relates; or (i) the public interest of Singapore requires, then the Controller may do one or more of the following: (j) issue any direction to the cruise terminal licensee to do or not to do anything specified in the direction; (k) where paragraph (a) or (c) applies, subject to subsection (2), impose on the cruise terminal licensee a financial penalty not exceeding the higher of the following amounts, payable to the Board within the time specified by the Controller:(i) 1% of the annual turnover of that part of the licensee’s business to which the cruise terminal licence relates, as ascertained from the licensee’s latest audited accounts; (ii) $100,000; (l) debar the cruise terminal licensee from applying for the grant or renewal of any cruise terminal licence for a period specified by the Controller; (m) suspend the cruise terminal licence of the cruise terminal licensee for a period specified by the Controller that must not exceed 12 months or such longer period as may be prescribed in substitution, or revoke the licence. (2) Subsection (1)(k) does not apply in respect of any contravention which is prescribed to be an offence under this Act or any regulations made under this Act. (3) A suspension under subsection (1)(m) may relate to one or more cruise port services and facilities being provided, or intended to be provided, at the cruise terminal to which the cruise terminal licence relates, whether generally or in relation to any class or category of ships or any ship by any description. (4) Where the Controller intends to take any regulatory action under subsection (1) against a cruise terminal licensee, the Controller must serve on the cruise terminal licensee written notice of the Controller’s intention, unless —(a) the Controller considers that it is not practicable or desirable in the particular circumstances of the case to do so; or (b) the cruise terminal licensee has been dissolved or wound up or has otherwise ceased to exist, or has ceased operation of the cruise terminal to which its cruise terminal licence relates. (5) The written notice must specify —(a) the regulatory action that the Controller intends to take against the cruise terminal licensee; (b) the ground or grounds in subsection (1)(a) to (i) on which the Controller intends to rely; and (c) the time (being at least 14 days after the date of service of the written notice on the cruise terminal licensee) within which any written representation may be given to the Controller, or any representation by the cruise terminal licensee heard, with respect to the Controller’s intention. (6) On considering any representation made by the cruise terminal licensee under subsection (5)(c), the Controller may decide to —(a) proceed with the intended regulatory action (including with any modification as the Controller thinks fit); or (b) not proceed with the intended regulatory action or proceed with a different regulatory action, and must serve on the cruise terminal licensee written notice of the Controller’s decision. (7) If no representation is made to the Controller within the time mentioned in subsection (5)(c) or if any representation made under that provision is withdrawn, the Controller —(a) may decide to proceed as intended (including with any modification as the Controller thinks fit), or may decide not to proceed; and (b) must serve on the cruise terminal licensee written notice of the Controller’s decision. (8) The decision of the Controller mentioned in subsection (6) or (7) (as the case may be) does not take effect until —(a) the expiry of the period allowed under section 42A for the cruise terminal licensee to appeal to the Minister against the decision; and (b) if an appeal is made in the period allowed under section 42A for the licensee to appeal —(i) the determination or rejection of the appeal by the Minister or his or her designate under section 42A; or (ii) (if the appeal is withdrawn) the withdrawal of the appeal. (9) The suspension or revocation of any cruise terminal licence under this section does not affect the enforcement by any person of any right or claim against the cruise terminal licensee or former cruise terminal licensee, or by the cruise terminal licensee or former cruise terminal licensee of any right or claim against any person. (10) If the written notice under subsection (4) is served on the cruise terminal licensee and the cruise terminal licence expires before the Controller can —(a) make a determination whether one or more of the grounds in subsection (1)(a) to (i) mentioned in the written notice under subsection (5)(b) are satisfied; or (b) (if the Controller has made such a determination) take any regulatory action under subsection (1)(j), (k), (l) or (m) (whether or not mentioned in that written notice under subsection (5)(a)), this section continues to apply and the Controller may, at any time after the expiry — (c) continue to make such determination or take such regulatory action under subsection (1)(j), (k) or (l) or both (as the case may be) in relation to the former cruise terminal licensee; or (d) not continue with any further action under this section. (11) For the purpose of subsection (10), a cruise terminal licence expires when any of the following occurs:(a) its period of validity ends; (b) it is revoked under this section; (c) it is cancelled under section 29H. (12) To avoid doubt and without affecting section 29B(2), a determination under subsection (10) is a relevant consideration for the purpose of any application that the former cruise terminal licensee may subsequently make under section 29B. (13) Where regulatory action taken under this section is the issue of a direction under subsection (1)(j), the Board may at any time vary, suspend or revoke the whole or any part of the direction, and section 29L applies in relation to such variation, suspension or revocation as if the direction in question were a direction issued under section 29K. (14) For the purposes of subsection (13), references in section 29L to a person are references to a cruise terminal licensee or a former cruise terminal licensee, as the case may be.[Act 28 of 2022 wef 01/04/2023]