s 29T Remedial directions
29T.—(1) The Controller may issue any direction to a person under subsection (2) or (3) if the Controller is satisfied that —(a) the person has contravened section 29R(1)(b) or 29S(1); (b) in the case of a person who has obtained the Controller’s approval under section 29R(1)(b) or who has been exempted from section 29R(1)(b) —(i) the person is not or ceases to be a fit and proper person; (ii) having regard to the person’s likely influence, the cruise terminal licensee is not, or is no longer, likely to conduct the business of the cruise terminal licensee prudently or to comply with the provisions of this Act; or (iii) it is not, or it is no longer, in the public interest to allow the person to continue to be a 25% controller, a 50% controller or an indirect controller of the cruise terminal licensee, as the case may be; (c) in the case of a person who has obtained the Controller’s approval under section 29S(1) or who has been exempted from section 29S(1), and who has acquired as a going concern a business mentioned in section 29S(1) —(i) the person is not or ceases to be a fit and proper person; (ii) the person is not or is no longer able to properly operate the cruise terminal; or (iii) it is not, or it is no longer, in the public interest to allow the person to continue to own or manage that business; (d) any condition of approval imposed on the person under section 29R or 29S has not been complied with; (e) the person has provided any false or misleading (including as a result of an omission) information or documents in connection with the person’s application for approval under section 29R or 29S; or (f) the Controller would not have granted its approval under section 29R or 29S had the Controller been aware, at that time, of circumstances relevant to the person’s application for such approval. (2) Where the person is a 25% controller, a 50% controller or an indirect controller of a cruise terminal licensee, the Controller may —(a) direct the person to take such steps as are necessary, within such period as the Controller may specify, to ensure that the person ceases to be a 25% controller, a 50% controller or an indirect controller of the cruise terminal licensee; (b) direct the transfer or disposal of all or any of the equity interest held by the person or any of the person’s associates (called in this section and section 29U the specified equity interest) within such period and subject to such conditions as the Controller may specify; (c) restrict the transfer or disposal of the specified equity interest; or (d) make any other direction the Controller considers appropriate. (3) Where the person has acquired as a going concern a business mentioned in section 29S(1), the Controller may —(a) direct the person to transfer or dispose of all or any part of the business within such period and subject to such conditions as the Controller may specify; (b) restrict the transfer or disposal of all or any part of the business; or (c) make any other direction the Controller considers appropriate. (4) Before issuing any direction to a person under subsection (2) or (3), the Controller must, unless the Controller decides that it is not practicable or desirable to do so, give to the person written notice of the Controller’s intention to issue the direction and specify a date by which the person may make written representations with regard to the proposed direction. (5) On receipt of any written representation mentioned in subsection (4), the Controller must consider it for the purpose of determining whether to issue the proposed direction. (6) A person to whom a direction is issued under this section must comply with the direction. (7) Any person who contravenes subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. (8) The Controller may, at any time, rescind, vary or discharge any direction given by the Controller under this section or suspend the operation of any such direction.[Act 28 of 2022 wef 01/04/2023]