PART 2 REGISTRATION UNDER REGISTER OF SINGAPORE COMPETENT NATIONAL BODY |
4.—(1) A person who desires to be under the register of the Singapore competent national body must apply to the Singapore competent national body for a registration certificate under this section.(2) An application under subsection (1) must —| (a) | be made in the form and manner that the Singapore competent national body requires; | | (b) | be accompanied by the prescribed non‑refundable application fee; and | | (c) | include such information as may be prescribed. |
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(3) Upon receiving an application under subsection (1), the Singapore competent national body may —| (a) | issue a registration certificate to the person, with or without conditions, certifying that the person has been entered in the register of the Singapore competent national body; or | | (b) | refuse to issue a registration certificate. |
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(4) The Singapore competent national body must not issue a registration certificate to an applicant unless the applicant —| (a) | is carrying on, or intends to carry on, the business of international multimodal transport and is —| (i) | a company registered under the Companies Act 1967; or | | (ii) | a person whose business name is registered under the Business Names Registration Act 2014; |
| | (b) | has a principal place of business in Singapore; | | (c) | has an insurance, a bond, a guarantee, or any other financial arrangements acceptable to the Singapore competent national body to cover payment (in whole or in part) for any claim arising from any loss, damage or delay in the delivery of goods under a multimodal transport contract, as well as any contractual risk assumed by the applicant in relation to the performance of the carriage of any goods under a multimodal transport contract; | | (d) | maintains the prescribed minimum assets, or provides an equivalent guarantee acceptable to the Singapore competent national body; and | | (e) | satisfies such other requirements as may be prescribed. |
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| (5) A registration certificate issued under subsection (3)(a) is valid for one year, unless it is earlier cancelled under section 6. |
| (6) The Singapore competent national body may at any time add to, vary or revoke any of the conditions of a registration certificate. |
| (7) Where the Singapore competent national body refuses to issue a registration certificate to an applicant, the Singapore competent national body must state in writing its reasons for refusal if requested to do so by the applicant. |
| (8) Any applicant who is aggrieved by the refusal of the Singapore competent national body to issue a registration certificate may, within 14 days of having been informed of the refusal, appeal to the Minister whose decision is final. |
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| Renewal of registration certificate |
5.—(1) An application for the renewal of a registration certificate must —| (a) | be made to the Singapore competent national body at least 3 months before the date the registration certificate expires; | | (b) | be made in the form and manner that the Singapore competent national body requires; | | (c) | be accompanied by the prescribed non-refundable application fee; and | | (d) | include such information as may be prescribed. |
| (2) If an application to renew a registration certificate is submitted to the Singapore competent national body less than 3 months before the registration certificate expires, the application is treated as an application under section 4. |
(3) Upon receiving an application under subsection (1), the Singapore competent national body may —| (a) | if the applicant satisfies the requirements mentioned in section 4(4), renew the registration certificate, with or without conditions, for a further period of one year; or | | (b) | refuse to renew the registration certificate. |
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| (4) The Singapore competent national body may, at any time, add to, vary or revoke any of the conditions of a registration certificate renewed under this section or impose new conditions. |
| (5) Where the Singapore competent national body refuses to renew the registration certificate of an applicant, it must state in writing its reasons for refusal if requested to do so by the applicant. |
| (6) Any applicant who is aggrieved by the refusal of the Singapore competent national body to renew a registration certificate may, within 14 days of having been informed of the refusal, appeal to the Minister whose decision is final. |
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| Cancellation of registration certificate |
6.—(1) If the Singapore competent national body is satisfied that the holder of a registration certificate —| (a) | has, when making an application under section 4 or 5 relating to the registration certificate, made any statement that is incorrect or false in any material particular; | | (b) | has otherwise procured the registration certificate by fraud or misrepresentation; or | | (c) | is contravening or has contravened any of the conditions of the registration certificate, |
| the Singapore competent national body may, by notice, cancel the registration certificate. |
(2) Before cancelling the registration certificate, the Singapore competent national body must give notice to the holder of the registration certificate —| (a) | stating that it intends to cancel the registration certificate; and | | (b) | specifying the time within which written representations may be made to it. |
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| (3) The time specified by the Singapore competent national body in the notice in subsection (2)(b) must not be less than 28 days after the date of the notice. |
| (4) The Singapore competent national body may, after considering any written representation made by the holder of the registration certificate, cancel the registration certificate and notify the holder of the cancellation. |
| (5) The Singapore competent national body must furnish the holder of the registration certificate with the grounds of cancellation of the registration certificate if so required by the holder. |
(6) Any holder of a registration certificate who is aggrieved by the cancellation of the registration certificate may appeal in writing against the cancellation to the Minister —| (a) | within 14 days after being notified of the cancellation; or | | (b) | if the holder requires (within the period mentioned in paragraph (a)) the Singapore competent national body to furnish the grounds of cancellation, within 14 days after being furnished with the grounds of cancellation, |
| and the Minister’s decision is final. |
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| (7) A decision of the Singapore competent national body to cancel a registration certificate takes effect despite an appeal against that decision being made to the Minister under subsection (6), unless the Minister otherwise specifies. |
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| Minister may designate others to hear appeals |
7.—(1) The Minister may designate any of the following persons to hear and determine, in the Minister’s place, any appeal under section 4, 5 or 6:| (a) | the Second Minister for his or her Ministry; | | (b) | any Minister of State, including a Senior Minister of State, for his or her Ministry; | | (c) | any Parliamentary Secretary, including a Senior Parliamentary Secretary, to his or her Ministry. |
| (2) A reference to the Minister in section 4, 5 or 6 includes a reference to a person designated under subsection (1). |
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8. The Singapore competent national body must keep and maintain a register containing —| (a) | the name of each person who is issued with a registration certificate under section 4, or whose registration certificate is renewed under section 5; and | | (b) | any other particulars determined by the Singapore competent national body. |
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