s 29ZC Special administration order made on application by Board
29ZC.—(1) If, on an application made to the Minister by the Board, the Minister is satisfied in relation to a cruise terminal licensee that any one or more of the grounds specified in subsection (2) are satisfied in relation to the cruise terminal licensee, the Minister may make any one or more of the following orders:(a) a special administration order in relation to the cruise terminal licensee; (b) an order requiring the cruise terminal licensee to immediately take any action or to do or not to do any act or thing in relation to its business as the Minister may consider necessary; (c) an order appointing a person to advise the cruise terminal licensee on the proper conduct of its business. (2) The grounds mentioned in subsection (1) are that —(a) the cruise terminal licensee is or is likely to be unable to pay its debts; (b) the Minister considers it in the interest of the availability and reliability of the provision of cruise port services and facilities to the public; or (c) the Minister otherwise considers it in the public interest. (3) Notice of any application under subsection (1) must be given immediately by the Board to such persons and in such manner as may be prescribed. (4) Any decision of the Minister under subsection (1) is final. (5) For the purposes of this section —(a) a cruise terminal licensee that is a company is unable to pay its debts if it is deemed to be unable to pay its debts under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018; (b) a cruise terminal licensee that is an unregistered company is unable to pay its debts if it is deemed to be unable to pay its debts under section 246(2) of the Insolvency, Restructuring and Dissolution Act 2018; and (c) a cruise terminal licensee that is a limited liability partnership is unable to pay its debts if it is deemed to be unable to pay its debts under paragraph 3(2) of the Fifth Schedule to the Limited Liability Partnerships Act 2005. (6) Where the Minister issues an order to a person under subsection (1) and the person fails to comply with that order, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 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.[Act 28 of 2022 wef 01/04/2023]