PART II
RECONSTITUTION, FUNCTIONS AND POWERS OF AUTHORITY
Reconstitution of Authority
3.  As from 1st April 1992, the Authority shall continue in existence and shall continue to be a body corporate with perpetual succession, capable of suing and being sued in its corporate name and performing such other acts as bodies corporate may by law perform, and shall exercise and perform such other powers and functions as are conferred by or under this Act.
Common seal
4.  As from 1st April 1992, the Authority shall continue to have a common seal and the seal may, from time to time, be broken, changed, altered and made anew as the Authority thinks fit.
Constitution of Authority
5.  The First Schedule shall have effect as respects the Authority and its members.
Functions and duties of Authority
6.—(1)  It shall be the function and duty of the Authority —
(a)to secure that there are provided throughout Singapore (whether by itself or by any other person authorised by a licence granted under this Act) good and sufficient domestic and international telecommunication (except broadcasting service) and postal services and such other services on such terms as the Authority may think expedient;
[Act 15/94 wef 01/10/1994 vide S 386/94]
(b)without prejudice to the generality of paragraph (a), to secure that any person by whom any telecommunication or postal services fall to be provided is able to provide these services at rates consistent with efficient service and the necessity for maintaining independent financial viability;
(c)to promote the development of telecommunication and postal systems and services in accordance with, as far as practicable, recognised international standard practice and public demand;
(d)to exercise licensing and regulatory functions in respect of telecommunication and postal systems and services in Singapore, including the establishment of standards and codes relating to equipment attached to telecommunication and radio-communication systems;
(e)to exercise licensing and regulatory functions in respect of the allocation and use of satellite orbits and the radio frequency spectrum in Singapore for all purposes, including the establishment of standards and codes relating to any matter in connection therewith;
(f)to act internationally as the national body representative of Singapore in respect of telecommunication and postal matters;
(g)to advise the Government on all telecommunication and postal matters and on matters appertaining to the Authority generally; and
(h)to further the advancement of technology relating to telecommunication and postal systems and services.
(2)  In discharging the functions and duties imposed on it by subsection (1), the Authority shall have regard to —
(a)efficiency and economy;
(b)satisfying all reasonable demands for telecommunication and postal services;
(c)fostering the development and expansion of telecommunication and postal services in the world in collaboration with other countries and international organisations;
(d)maintaining effective competition between persons engaged in the provision of telecommunication and postal systems and services;
(e)enabling persons providing telecommunication and postal systems and services in Singapore to compete effectively in the provision of such systems and services outside Singapore;
(f)the promotion of measures for the safety of life through telecommunications;
(g)the provision of telecommunication and postal services at rates consistent with efficient service and the necessity for maintaining independent financial viability;
(h)improvements in the effective and efficient use of the radio frequency spectrum;
(i)the promotion of research and development in the fields of telecommunication and postal systems and services and, in particular, the peaceful uses of technology relating to telecommunication and postal services; and
(j)collaboration with educational institutions for the promotion of technical education in the fields of telecommunication and postal systems and services.
(3)  Nothing in this section shall be construed as —
(a)imposing on the Authority, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court;
(b)precluding the Authority from interrupting, suspending or restricting any telecommunication or postal services provided by the Authority; or
(c)precluding the Authority from ensuring the provision of any special service for any person or section of the public where the special service is required.
(4)  The Authority may, notwithstanding the provisions of this Act, continue to provide any telecommunication or postal service, as the case may be, that it was providing immediately before 1st April 1992 until such time as the licences granted under section 26 or 42 come into effect.
(5)  The Authority may provide any telecommunication or postal service, as the case may be, notwithstanding that it has granted a licence to any person under section 26 or 42, in any of the following circumstances:
(a)if the Authority is of the opinion that a person licensed under section 26 or 42 has failed to discharge or is not discharging to the Authority’s satisfaction the obligations imposed by the Authority on the person in the licence granted to the person; or
(b)to give effect to any direction of the Minister under section 116.
(6)  Where the Authority undertakes the provision of telecommunication services pursuant to subsection (4) or (5), sections 2, 30, 75 to 79, 81 to 88, 96 to 106 and 108 to 114 shall apply mutatis mutandis to the Authority in respect of the provision of such services and the references to public telecommunication licensee in those sections shall be read as references to the Authority.
(7)  Where the Authority undertakes the provision of postal services pursuant to subsection (4) or (5), sections 2, 50 to 59, 64 to 69, 76, 77, 82 to 86, 89, 90, 92 to 94, 108 to 113 and 115 shall apply mutatis mutandis to the Authority in respect of the provision of such services and the references to public postal licensee in those sections shall be read as references to the Authority.
Powers of Authority
7.—(1)  Subject to this Act, the Authority may carry on such activities as appear to the Authority to be advantageous, necessary or convenient for it to carry on for or in connection with the discharge of its functions and duties under this Act and, in particular, the Authority may exercise any of the powers specified in the Second Schedule.
(2)  Notwithstanding subsection (1), the Authority may, with the approval of the Minister, carry on such other activities and perform such functions as the Authority may, from time to time, consider expedient.
(3)  This section shall not be construed as limiting any power of the Authority conferred by or under any other written law.
Power to act in relation to, proposals for privatisation
8.—(1)  Where the Minister is at any time proposing that any property or function of the Authority should be transferred to another body corporate, the functions of the Authority shall include the power to do anything which in the opinion of the Authority is appropriate for the purpose of —
(a)facilitating the implementation of the proposal for the transfer; or
(b)facilitating the implementation of, or securing a modification of, any related proposals of the Minister.
(2)  The proposals which are to be treated for the purposes of this section as related to a proposal of the Minister for the transfer of anything from the Authority to a body corporate shall include any proposal relating to, or to any matter connected with —
(a)any of the Authority’s property, rights or liabilities which would be affected by the transfer, or any such property, rights or liabilities after their proposed transfer;
(b)the exercise, whether before or after the transfer, of any function which it is proposed to transfer to or otherwise vest in that body corporate; or
(c)the establishment or formation, flotation, control, finances or officers or employees of that body corporate or of any other body corporate which is, or in pursuance of any proposal of the Minister may become, a member of the same group as that body corporate.
(3)  Any power of the Authority to do anything under this section in relation to a proposal for the transfer of any property or function, or in relation to any related proposal, shall include power to do that thing with a view to promoting the interests of —
(a)any body corporate to which it is proposed to transfer the property or function; or
(b)any body corporate which is, or in pursuance of any proposal of the Minister may become, a member of the same group as a body corporate to which it is proposed to transfer the property or function.
(4)  The powers conferred by this section in relation to any proposal shall be without prejudice to any power conferred otherwise than by virtue of this section.
(5)  For the purposes of this section a body corporate is a member of the same group as another body corporate if it is a holding company or subsidiary of that other body corporate or if it is another subsidiary of that other body corporate’s holding company; and in this subsection, “holding company” has the same meaning as in the Companies Act [Cap. 50].
(6)  References in this section to a body corporate shall be deemed to be references to the telecommunication successor company or the postal successor company, as the case may be, and shall include references to a body corporate which has not been established or formed but which may be established or formed in pursuance of a proposal of the Minister.
Annual report
9.  The Authority shall, as soon as practicable after the end of each financial year, submit to the Minister an annual report on the activities of the Authority during the preceding financial year and the Minister shall cause a copy of every such report to be presented to Parliament.
Appointment of officers and employees
10.—(1)  The Authority shall, with the approval of Minister, appoint a Chief Executive on such terms and conditions as the Authority may determine.
(2)  The Chief Executive shall —
(a)be known by such designation as the Authority may determine;
(b)be responsible to the Authority for the proper administration and management of the functions and affairs of the Authority in accordance with the policy laid down by the Authority; and
(c)not be removed from office without the consent of the Minister.
(3)  The Minister shall consult the Public Service Commission before granting his approval under subsection (1) or before giving his consent under subsection (2)(c).
(4)  If the Chief Executive is temporarily absent from Singapore or temporarily incapacitated by reason of illness or for any other reason temporarily unable to perform his duties, a person may be appointed by the Authority to act in the place of the Chief Executive during any such period of absence from duty.
(5)  The Authority may, from time to time, appoint and employ on such terms and conditions as the Authority may determine such officers and employees as may be necessary for the effective performance of its functions.
Public servants
11.  All members, officers and employees of the Authority shall be deemed to be public servants for the purposes of the Penal Code [Cap. 224].
Protection from personal liability
12.  No suit or other legal proceedings shall lie against any member, officer or employee of the Authority or other person acting under the directions of the Authority for anything which is in good faith done or intended to be done in the execution or purported execution of this Act.
Power to issue shares, etc.
13.—(1)  The Authority may, from time to time, with the approval of the Minister for Finance, borrow money by the issue of debentures or raise capital by the issue of shares of such class and value and upon such terms as it may think expedient, for all or any of the following purposes:
(a)the provision of working capital;
(b)the fulfilling of the functions of the Authority under this Act;
(c)the redemption of any shares which the Authority is required or entitled to redeem;
(d)any other expenditure properly chargeable to capital account.
(2)  The Authority may make regulations not inconsistent with the provisions of this Act to provide for such matters in connection with shares or debentures issued under this Act as may appear necessary or expedient to the Authority and, in particular, for regulating the method of issue, transfer, redemption or other dealing with such shares or debentures.
Power to capitalise
14.  The Authority may, from time to time with the approval of the Minister for Finance, capitalise the whole or any part of the sum standing to the credit of the general reserve account of the Authority and such sum shall be capitalised as issued and fully paid-up capital.
Power to borrow
15.  The Authority may, with the approval of the Minister, raise capital from banks and other financial institutions whether in Singapore or elsewhere by way of mortgage, overdraft or otherwise, with or without security, as it may require for the discharge of its functions under this Act.
Duty of Authority in financial matters
16.  It shall be the duty of the Authority to exercise and perform its functions under this Act so as to secure that the total revenue of the Authority is sufficient to meet its total outgoings properly chargeable to revenue account, including depreciation and interest on capital, taking one financial year with another.
Application of revenue
17.—(1)  The revenue of the Authority for any financial year shall be applied in defraying the following charges:
(a)the remuneration, fees and allowances of the members of the Authority;
(b)the salaries, fees, remuneration, pensions, superannuation allowances and gratuities of the officers, agents, employees, advisers and former employees of the Authority;
(c)working and establishment expenses and expenditure on, or provision for, the maintenance of any of the property of the Authority, and the discharge of the functions of the Authority properly chargeable to revenue account;
(d)interest on any debentures issued, and on any loan raised, by the Authority;
(e)sums required to be paid to the Government towards repayment of any loan made by the Government to the Authority;
(f)sums required to be transferred to a sinking fund or otherwise set aside for the purpose of making provision for the redemption of debentures or the repayment of other borrowed money;
(g)such sums as may be deemed appropriate to set aside in respect of depreciation or renewal of the property of the Authority, having regard to the amount set aside out of revenue under paragraphs (c) and (f);
(h)the cost, or any portion thereof, of any new works, plant, vessels or appliances not being a renewal of the property of the Authority, which the Authority may determine to charge to revenue;
(i)such sums by way of contribution, for the purposes associated with the objects of this Act as the Authority may determine, to the public or for charities; and
(j)any other expenditure authorised by the Authority and properly chargeable to revenue account.
(2)  The balance of the revenue of the Authority shall be applied —
(a)to the creation of a general reserve and such other reserves as the Authority may think fit; and
(b)to the payment of such dividends on shares issued by the Authority as the Authority may, after consultation with the Minister for Finance, see fit to declare.
Investment of funds
18.  Moneys belonging to the Authority may be invested in such shares, funds securities or investments as may be authorised by the Minister.
Financial provisions
19.  The financial provisions set out in the Third Schedule shall have effect with respect to the Authority.
Symbol design or representation of Authority
20.—(1)  The Authority shall have the exclusive right to the use of such symbol, design or representation as it may select or devise in connection with its activities or affairs.
(2)  Any person who uses a symbol, design or representation identical with that of the Authority or which so resembles the symbol, design or representation thereof as to deceive or cause confusion or to be likely to deceive or cause confusion shall be guilty of an offence.
Exclusion of liability of Authority
21.  The Authority shall not be liable in respect of any injury, loss or damage suffered by any person by reason of —
(a)any act, default, neglect or otherwise of any person licensed under section 26 or 42 or of any agent or employee of that person;
(b)any failure or delay in carrying out approval tests on any equipment;
(c)any loss of or damage to any equipment whilst the equipment is in the care, custody or control of the Authority; or
(d)any failure or malfunction of any equipment notwithstanding that the equipment has been approved for use by the Authority.
Charges and other terms for services provided by Authority
22.—(1)  The Authority may make, in relation to any service provided by the Authority, a scheme or schemes for determining either or both of the following:
(a)the charges which (save in so far as they are the subject of an agreement between the Authority and a person availing himself of the service) are to be made by the Authority; and
(b)the other terms and conditions which (save as aforesaid) are to be applicable to the service.
(2)  A scheme made under this section may make different provision for different cases or classes of cases determined by, or in accordance with, the provisions of the scheme.
(3)  A charge exigible by virtue of this section may be recovered by the Authority in any court of competent jurisdiction as if it were a simple contract debt.
(4)  A scheme or any amendment thereof made under this section shall come into operation on such date as may be determined by the Authority.
(5)  Nothing in this section shall be construed as prohibiting the Authority from levying any charge or collecting any dues for anything done or any service rendered by reason only of not being incorporated in a scheme and the rates, charges and fees payable to the Authority for any service rendered shall be in accordance with such rates, charges and fees as may from time to time be determined by the Authority.
(6)  The rates, charges and fees applied by the Authority immediately before 1st April 1992 shall continue to be valid as though determined by the Authority under this section until rescinded, varied or otherwise determined by the Authority.
Power to acquire and dispose of property
23.  The Authority may, for the purposes of this Act, acquire any property or any interest therein or any easement over any immovable property, whether by way of purchase, lease, exchange or otherwise, or sell, transfer or otherwise dispose of any such property of the Authority upon such terms as it thinks fit.