PART 3A | Interpretation of this Part |
20.—(1) In this Part, unless the context otherwise requires —| “code of practice” includes a standard of performance; |
“false tourist guide badge” means —| (a) | a forged tourist guide badge; | | (b) | a tourist guide badge altered without lawful authority; or | | (c) | a tourist guide badge in respect of an expired, or a cancelled, revoked or suspended, licence; |
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| “guiding services”, in relation to a tourist, includes providing any information, description or explanation to the tourist while accompanying the tourist in or to a place or point of interest in Singapore, but not if the information, description or explanation is a mere reference to the location of, or a location in or around, the place or point of interest; [Act 28 of 2022 wef 01/01/2023] |
| “licence” or “tourist guide licence” means a licence granted or renewed under section 23(4)(a); |
| “licensee” means a person who is granted a licence, or whose licence is renewed, under section 23(4)(a); |
| “omnibus” means a bus which is on a scheduled service with passengers being charged separate and distinct fares, and in respect of which a public service vehicle licence is in force under Part 5 of the Road Traffic Act 1961 to use the bus as an omnibus; |
“tourist” means an individual who visits Singapore for recreation, pleasure, business or any other purpose, but does not include —| (a) | a citizen or permanent resident of Singapore; | | (b) | an individual to whom a work pass is issued under section 7 of the Employment of Foreign Manpower Act 1990; | | (c) | an individual to whom a dependant’s pass, student’s pass or special pass is issued under regulation 11, 14 or 15, respectively, of the Immigration Regulations; | | (d) | an individual to whom a visit pass valid for more than 90 days is issued under regulation 12 of the Immigration Regulations; or | | (e) | an individual to whom any other pass, that the Minister may by order in the Gazette specify, is issued under the Immigration Act 1959 or any regulations made under that Act; |
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| “tourist guide” means an individual who personally provides any guiding services to a tourist for remuneration; |
| “tourist guide badge” means a badge issued to a licensee under section 25(1); |
| “unlicensed tourist guide” means a tourist guide who does not hold a valid tourist guide licence and who is not exempt from section 21(1) by reason of section 21(2) or under section 43. [7/2014] |
| (2) For the purposes of the definition of “tourist guide”, an individual provides guiding services to a tourist for remuneration if the individual receives or reasonably expects to receive any payment for providing the guiding services, regardless of who makes or is liable to make the payment or where or when the payment is or will be made. [7/2014] |
| (3) For the purposes of the definition of “unlicensed tourist guide” and section 21(1), a person whose tourist guide licence is suspended is, while the suspension is in force, deemed to be a person who does not hold a valid tourist guide licence. [19A [7/2014] |
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| Licence required to act as tourist guide, etc. |
21.—(1) Subject to subsection (2), an individual must not —| (a) | act as a tourist guide; or | | (b) | offer to act as a tourist guide, or advertise in any way that he or she is or is willing to act as a tourist guide, |
| unless he or she holds a valid tourist guide licence. |
[7/2014] (2) The prohibition in subsection (1) does not apply to —| (a) | the owner or operator of a place or point of interest who himself or herself guides tourists at that place or point; or | | (b) | any person who is employed or engaged, or whose services are otherwise used, by the owner or operator of a place or point of interest to guide tourists at that place or point. [7/2014] |
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| (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent offence, to a fine not exceeding $10,000. [7/2014] |
(4) Any person who, directly or indirectly, employs, engages or otherwise uses the services of an unlicensed tourist guide —| (a) | whom the person knows or ought reasonably to know is an unlicensed tourist guide; or | | (b) | with reckless disregard as to whether the tourist guide is an unlicensed tourist guide, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent offence, to a fine not exceeding $10,000. |
[7/2014] |
| (5) Any person who abets the commission of an offence under subsection (3) or (4) shall be guilty of that offence and shall be liable on conviction to be punished with the punishment provided for that offence. [19B [7/2014] |
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| Presumption of guiding services provided for remuneration |
| 22. An individual who provides any guiding services to 8 or more tourists is presumed, unless the contrary is proved, to have provided the guiding services for remuneration if, at the time, or within a reasonable time before or after, the guiding services are provided, the tourists and the individual are, have been or will be conveyed (as the case may be) in a motor vehicle (other than an omnibus). [19C [7/2014] |
| Tourist guide licence application |
23.—(1) Any person who desires to apply for or renew a tourist guide licence —| (a) | must apply to the Board in such form and manner as the Board may require; and | | (b) | in the case of an application to renew a licence, must submit the application to the Board within such period before the expiry of the licence as the Board may specify. [7/2014] |
| (2) In considering an application under subsection (1), the Board may require the applicant to satisfy such criteria and requirements as the Board may publish, from time to time, on any website that may be prescribed. [7/2014] |
| (3) For the purposes of subsection (2), the Board may administer, on its own or in collaboration with any other person, such proficiency tests, or training or certification programmes, as it considers appropriate. [7/2014] |
(4) Upon considering an application received under subsection (1), the Board may —| (a) | grant or renew a licence (as the case may be) for such duration as the Board may specify; or | | (b) | refuse the application. [7/2014] |
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| (5) The Board must, before refusing an application to renew a licence, give the applicant written notice of its intention to do so and an opportunity to submit reasons, within the period that the Board may specify in that notice, as to why the application should not be refused. [19D [7/2014] |
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| 24.—(1) A licence granted or renewed under section 23(4)(a) is subject to any conditions that the Board may specify. [7/2014] | (1A) Without affecting subsection (1), a condition under subsection (1) may require the licensee to do or to refrain from doing any thing specified, or of a description specified, in the condition, including for the purpose of protecting the wellbeing of the licensee, any tourists guided by the licensee, or both, or otherwise in the public interest. [Act 28 of 2022 wef 01/04/2023] |
| (2) The Board may, at any time, vary or revoke any of the conditions of a licence or impose new conditions. [7/2014] |
(3) The conditions of a licence may include the assignment to the licensee of such description or classification as a tourist guide as the Board considers appropriate to —| (a) | denote the licensee’s qualifications, proficiency, experience or any other attribute as a tourist guide; or | | (b) | define or circumscribe the type of guiding services the licensee is authorised to provide under the licence. [7/2014] |
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(4) The Board must, before altering any description or classification of a licensee as a tourist guide under this section —| (a) | at the time of renewing his or her licence; or | | (b) | at any time during the duration of his or her licence, |
| in a manner that is to the disadvantage of the licensee, give the licensee written notice of its intention to do so and an opportunity to submit reasons, within the period that the Board may specify in that notice, as to why such alteration should not be made. |
[7/2014] |
| (5) For the purposes of subsection (4), a reference to a licensee includes a reference to a person who applies to renew his or her licence. [19E [7/2014] |
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| 25.—(1) Upon granting or renewing a licence under section 23(4)(a), the Board must issue the licensee with a tourist guide badge representing that he or she is the holder of that licence. [7/2014] (2) A licensee must —| (a) | unless the Board otherwise allows, wear prominently on his or her person any tourist guide badge issued to the licensee that is not in an electronic form, at all times when he or she acts as a tourist guide; and [Act 28 of 2022 wef 01/01/2023] | | (b) | produce his or her tourist guide badge for inspection upon being required to do so by the Board or an inspecting officer. [7/2014] |
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(3) Subject to subsection (3A), a person issued with a tourist guide badge under this section that is not in an electronic form must surrender that badge to the Board immediately upon —| (a) | being required to do so for the purpose of enabling the Board to make any alteration to the badge that the Board considers appropriate; | | (b) | the expiry, cancellation, revocation or suspension of his or her tourist guide licence in respect of which the badge was issued; or | | (c) | ceasing to be employed as, or engage in the business or provision of services of, a tourist guide, even though he or she holds a valid tourist guide licence. [7/2014] [Act 28 of 2022 wef 01/01/2023] |
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| (3A) The Board may, instead of requiring a tourist guide badge that is not issued in an electronic form to be surrendered under subsection (3)(b) or (c), require the person to whom the badge was issued to destroy the badge in the manner specified by the Board, and the person must comply with the requirement. [Act 28 of 2022 wef 01/01/2023] |
| (4) Any person who fails to comply with subsection (3) or (3A) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction. [7/2014] [Act 28 of 2022 wef 01/01/2023] |
(5) Any person issued with a tourist guide badge under this section who —| (a) | causes or permits his or her tourist guide badge to be in the possession of any other person; and | | (b) | knows or ought reasonably to know that, or is reckless as to whether, the badge is or will be used by the other person in connection with identification or acting as a tourist guide, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. |
[7/2014] |
(6) Any person who —| (a) | alters without lawful authority or forges a tourist guide badge; | | (b) | sells a tourist guide badge or a false tourist guide badge; or | | (c) | in connection with identification or acting as a tourist guide, uses or has in the person’s possession a tourist guide badge which is not issued to the person by the Board or a false tourist guide badge, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. |
[7/2014] |
| (6A) For the purposes of subsection (6)(b), where a tourist guide badge is issued in electronic form, a person sells the tourist guide badge if the person provides another person access to the tourist guide badge (in electronic form) for consideration. [Act 28 of 2022 wef 01/01/2023] |
| (7) The reference to a tourist guide badge in subsection (5) includes a reference to a tourist guide badge in respect of an expired, or a cancelled, revoked or suspended, licence. [19F [7/2014] |
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26.—(1) The Board may, from time to time, in connection with the provision of guiding services to tourists by licensees —| (a) | issue one or more codes of practice to apply to licensees or any class of licensees that the Board may specify in the codes of practice; and | | (b) | amend or revoke any code of practice issued under this subsection. [7/2014] |
(2) Where a code of practice is issued, amended or revoked by the Board under subsection (1), the Board must —| (a) | publish a notice of the issue, amendment or revocation (as the case may be) in a manner that will secure adequate publicity for the issue, amendment or revocation; | | (b) | specify the date of the issue, amendment or revocation (as the case may be) in the notice; and | | (c) | ensure that the code of practice (including any amendment made to the code of practice) remains available for access or inspection by the licensees to whom it applies. [7/2014] |
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| (3) Any issue, amendment or revocation of a code of practice under subsection (1) does not have any force or effect until the notice relating thereto has been published in accordance with subsection (2)(a) and (b). [7/2014] |
| (4) If any provision of any code of practice in force under this section is inconsistent with any provision of this Act or any regulations made under this Act, the provision in the code of practice does not, to the extent of the inconsistency, have effect. [7/2014] |
| (5) Subject to subsection (6), every licensee must comply with the codes of practice issued under this section which apply to the licensee. [7/2014] |
| (6) The Board may, either generally or for such time as the Board may specify, waive the application of any code of practice (or part thereof) issued under this section to any licensee or class of licensees. [7/2014] |
| (7) Any code of practice issued under this section is deemed not to be subsidiary legislation. [19G [7/2014] |
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26A.—(1) The Board may, if it thinks it necessary or expedient in the public interest (including for the purpose of protecting the wellbeing of the licensee, any tourists guided by the licensee, or both), give directions to the licensee to do or to refrain from doing any thing specified, or of a description specified, in the direction, and the licensee must comply with the direction.| (2) Before issuing a direction under this section, the Board must, unless the Board considers that it is not practicable or desirable in the particular circumstances of the case, serve on the licensee to whom the direction is to be issued, written notice of the Board’s intention. |
(3) The written notice must —| (a) | state the direction the Board intends to make and its effect; and | | (b) | specify the time (being at least 14 days after the date of service of the written notice on the person) within which any written representation may be given to the Board, or any representation by the licensee heard, with respect to the Board’s intention. |
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(4) On considering any representation made by the licensee under subsection (3)(b), the Board may decide to —| (a) | proceed as intended (including with any modification to the direction as the Board thinks fit); or | | (b) | not proceed as intended, |
| and must serve on the licensee written notice of the Board’s decision. |
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| (5) If no representation is made to the Board within the time mentioned in subsection (3)(b) or if any representation made under that provision is withdrawn, the Board may proceed as intended (including with any modification as the Board thinks fit) and must serve on the licensee written notice of the Board’s decision. |
| (6) The licensee must comply with the direction served pursuant to a decision under subsection (4) or (5) in or within the time specified in the direction for compliance. |
| (7) Where the licence of the licensee ceases to be in force after the direction is issued, the former licensee must still comply with the direction. |
| (8) The licensee is not required to comply with the direction to the extent it is inconsistent with any requirement under any other written law. |
| (9) Any person who fails to comply with a direction under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction. [Act 28 of 2022 wef 01/04/2023] |
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| Modification of directions, etc. |
26B.—(1) The Board may at any time vary, suspend or revoke the whole or any part of a direction issued to a licensee under section 26A.| (2) Before varying, suspending or revoking a direction or part of a direction, the Board must serve on the licensee written notice of the Board’s intention, unless the Board considers that it is not practicable or desirable to do so in the particular circumstances of the case. |
(3) The written notice must —| (a) | state the direction or part of the direction that the Board intends to vary, suspend or revoke, and (in the case of a variation) the effect of the variation; and | | (b) | specify the time (being at least 14 days after the date of service of the written notice on the licensee) within which any written representation may be given to the Board, or any representation by the licensee heard, with respect to the Board’s intention. |
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(4) On considering any representation made by the licensee under subsection (3)(b), the Board may decide to —| (a) | proceed as intended (including with any modification to the direction or part of the direction as the Board thinks fit); or | | (b) | not proceed as intended, |
| and must serve on the licensee written notice of the Board’s decision. |
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| (5) If no representation is made to the Board within the time mentioned in subsection (3)(b) or if any representation made under that provision is withdrawn, the Board may proceed as intended (including with any modification as the Board thinks fit) and must serve on the licensee written notice of the Board’s decision. |
| (6) The variation, suspension or revocation takes effect at the time and date specified by the Board in the written notice of the Board’s decision. [Act 28 of 2022 wef 01/04/2023] |
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| 27. [Repealed by Act 28 of 2022 wef 01/04/2023] |
| Suspension, revocation or cancellation of licence |
28.—(1) The Board may, at any time, suspend for a period not exceeding 6 months or a longer period that is prescribed in substitution, or revoke, a tourist guide licence if the licensee —| (a) | provides or causes to be provided to the Board or any inspecting officer any information (including information in connection with his or her application for or renewal of a licence) which is false or misleading (including as a result of an omission) in any material particular, or the licensee otherwise obtained his or her licence through fraud or misrepresentation; [Act 28 of 2022 wef 01/04/2023] | | (b) | refuses or fails, without reasonable excuse, to comply with any requirement of the Board or an inspecting officer under section 32B(1); [Act 28 of 2022 wef 01/04/2023] | | (c) | contravenes any provision of this Act or any regulations made under this Act; | | (d) | contravenes any condition of his or her licence; | | (da) | contravenes any direction issued by the Board to the licensee under section 26A or this section (as may be varied under section 26B or this section, as the case may be); [Act 28 of 2022 wef 01/04/2023] | | (e) | has committed any offence under any written law punishable with a term of imprisonment exceeding one month; | | (f) | ceases to be, in the opinion of the Board, a fit and proper person; or | | (g) | is incapable, by reason of illness, infirmity or any other cause, of acting as a tourist guide. [7/2014] |
(2) Subject to subsection (3), in the case where a licensee —| (a) | refuses or fails, without reasonable excuse, to comply with any requirement of the Board or an inspecting officer under section 32B(1); | | (b) | contravenes any provision of this Act or any regulations made under this Act; | | (c) | contravenes any condition of his or her licence; or | | (d) | contravenes any direction issued by the Board to the licensee under section 26A or this section (as may be varied under section 26B or this section, as the case may be), |
| the Board may, instead of suspending or revoking his or her licence under subsection (1)(b), (c), (d) or (da) (as the case may be), do one or more of the following: |
| (e) | issue any direction to the licensee to do or not to do anything specified in the direction; | | (f) | subject to subsection (3), require the licensee to pay a financial penalty of an amount not exceeding $1,000 by a date that the Board may determine; | | (g) | debar the licensee from applying for the grant or renewal of any licence for a period specified by the Board. [Act 28 of 2022 wef 01/04/2023] |
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| (3) Subsection (2)(f) 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. [7/2014] [Act 28 of 2022 wef 01/04/2023] |
| (4) Where the Board intends to take any regulatory action under subsection (1) or (2) against a licensee, the Board must serve the licensee written notice of the Board’s intention, unless the Board considers that it is not practicable or desirable in the particular circumstances of the case to do so. [Act 28 of 2022 wef 01/04/2023] |
(4A) The written notice must specify —| (a) | the regulatory action that the Board intends to take against the licensee; | | (b) | the ground or grounds in subsection (1) or (2) (as the case may be) on which the Board intends to rely; and | | (c) | the time (being at least 14 days after the date of service of the written notice on the licensee) within which any written representation may be given to the Board, or any representation by the licensee heard, with respect to the Board’s intention. [Act 28 of 2022 wef 01/04/2023] |
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(4B) On considering any representation made by the licensee under subsection (4A)(c), the Board may decide to —| (a) | proceed with the intended regulatory action (including with any modification as the Board thinks fit); or | | (b) | not proceed with the intended regulatory action or proceed with a different regulatory action, |
| and must serve on the licensee written notice of the Board’s decision. |
[Act 28 of 2022 wef 01/04/2023] |
(4C) If no representation is made to the Board within the time mentioned in subsection (4A)(c) or if any representation made under that provision is withdrawn, the Board —| (a) | may decide to proceed as intended (including with any modification as the Board thinks fit), or may decide not to proceed; and | | (b) | must serve on the licensee written notice of the Board’s decision. [Act 28 of 2022 wef 01/04/2023] |
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(5) The Board’s decision mentioned in subsection (4B) or (4C) (as the case may be) does not take effect until —| (a) | the expiry of the period allowed under section 42A for the 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. [Act 28 of 2022 wef 01/04/2023] |
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| (5A) The suspension or revocation of any licence under this section does not affect the enforcement by any person of any right or claim against the licensee or former licensee, or by the licensee or former licensee of any right or claim against any person. [Act 28 of 2022 wef 01/04/2023] |
(5B) If the written notice under subsection (4) is served on the licensee before the expiry of his or her licence and the licence expires before the Board can —| (a) | make a determination whether one or more of the grounds in subsection (1) or (2) mentioned in the written notice under subsection (4A)(b) are satisfied; or | | (b) | (if the Board has made such a determination) take any regulatory action under subsection (1) or (2) (whether or not mentioned in that written notice under subsection (4A)(a)), |
| this section continues to apply and the Board may, at any time after the expiry — |
| (c) | continue to make such determination or take regulatory action under subsection (2) or both (as may be appropriate) in relation to the former licensee; or | | (d) | not continue with any further action under this section. [Act 28 of 2022 wef 01/04/2023] |
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(5C) For the purpose of subsection (5B), a licence expires when any of the following occurs:| (a) | its period of validity ends; | | (b) | it is revoked under subsection (1) (read with subsection (5)); | | (c) | it is cancelled under subsection (6). [Act 28 of 2022 wef 01/04/2023] |
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| (5D) To avoid doubt and without affecting section 23(2), a determination under subsection (5B) is a relevant consideration for the purpose of any application that the former licensee may subsequently make under section 23. [Act 28 of 2022 wef 01/04/2023] |
| (5E) Where regulatory action taken under this section is the issue of a direction under subsection (2)(e), the Board may at any time vary, suspend or revoke the whole or any part of the direction, and section 26B applies in relation to such variation, suspension or revocation as if the direction in question were a direction issued under section 26A. [Act 28 of 2022 wef 01/04/2023] |
| (5F) For the purposes of subsection (5E), references in section 26B to a licensee include a former licensee. [Act 28 of 2022 wef 01/04/2023] |
| (6) The Board may cancel a tourist guide licence at the request of the licensee. [19I [7/2014] |
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