PART II*
REGULATION OF THE TIMBER TRADE AND INDUSTRY
*  The whole of former Parts II, III, VI and VII and sections 16 to 19 of Part IV were repealed by Act 29 of 1982. Parts V and VIII are in this Edition renumbered as Parts II and III.
Licensing of exporter
3.  No person shall export timber or carry on business as an exporter unless he is the holder of a licence authorising him to do so.
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Application for a licence
4.—(1)  Any person who desires to obtain a licence shall make an application in the prescribed form to the Board for the grant of a licence.
(2)  Upon receiving an application under subsection (1), the Board shall consider the application and may grant a licence, with or without conditions, or refuse to grant a licence.
(3)  The Board shall refuse to grant a licence if —
(a)satisfactory evidence has not been produced to show that the applicant is a fit and proper person to hold a licence;
(b)the applicant or, if the applicant is a company, any of its officers holding a managerial or executive position has been convicted of any offence involving dishonesty, fraud or moral turpitude; or
(c)the Board considers it in the public interest to do so.
(4)  The Board may at any time vary or revoke any of the existing conditions of a licence or impose conditions or additional conditions thereto.
(5)  The Board shall, before taking any action under subsection (4), notify its intention to take such action to the licensee concerned and shall give the licensee an opportunity to submit reasons why the conditions of his licence should not be so varied or revoked.
(6)  Where a licence is subject to conditions, the licensee shall comply with those conditions.
(7)  No person who is not an incorporated person shall be licensed under this section unless there is in respect of the business a valid certificate of registration of business issued under any written law in force in Singapore relating to the registration of businesses.
(8)  Any person who is aggrieved by a decision of the Board under this section may, within one month of being notified of the decision of the Board, appeal against that decision to the Minister whose decision shall be final.
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Annual licence fee
5.  Every licensee shall pay such annual licence fee as may be prescribed.
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Revocation of licence
6.—(1)  The Board may by order revoke a licence —
(a)if it is satisfied that the licensee —
(i)has ceased to carry on the business for which he has been licensed or if the licensee, being a company, goes into liquidation, is wound up or otherwise dissolved;
(ii)has improperly obtained his licence contrary to the provisions of this Act;
(iii)is no longer a fit and proper person to continue to hold a licence;
(iv)being a company, any of its officers holding a managerial or executive position has been convicted of an offence involving fraud, dishonesty or moral turpitude;
(v)is exporting timber or carrying on business as an exporter in such a manner as renders him unfit to continue to hold a licence;
(vi)is contravening or has contravened any of the provisions of this Act or any regulations made thereunder; or
(vii)being a company, any of its officers holding a managerial or executive position has been convicted of an offence under this Act or any regulations made thereunder; or
(b)if it considers it in the public interest to do so.
(2)  The Board shall, before revoking a licence under subsection (1), give the person concerned notice in writing of its intention to do so specifying a date, not less than 21 days after the date of the notice, upon which the revocation shall, subject to subsections (5) and (6), take effect and calling upon the person concerned to show cause to the Board why the licence should not be revoked.
(3)  When the Board has revoked a licence under subsection (1) it shall forthwith inform the licensee concerned by notice in writing of the revocation.
(4)  The licensee whose licence has been revoked may, within 14 days of the receipt of the notice referred to in subsection (3), or such extended period of time as the Minister may allow, appeal in writing against the revocation to the Minister whose decision shall be final.
(5)  An order of revocation shall not take effect until the expiration of a period of 14 days after the Board has informed the licensee concerned of the order.
(6)  If within that period the licensee concerned gives due notice of appeal to the Minister the order shall not take effect unless the order is confirmed by the Minister or the appeal is for any reason dismissed by the Minister.
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Effect of revocation of licence
7.—(1)  Where an order of revocation becomes effective under section 6, the licensee concerned shall cease to export timber or carry on business as an exporter.
(2)  Subsection (1) shall not prejudice the enforcement by any person of any right or claim against the licensee concerned or by the licensee concerned of any right or claim against any person arising out of or concerning any matter or thing done before the revocation of the licence.
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Registration of grader
8.—(1)  No person, other than an employee of the Board, shall grade or carry on the business of grading timber unless he is registered under this Act as a grader.
(2)  Any person who contravenes or fails to comply with any of the provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 years or to both.
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Registration of supplier, packer or manufacturer
9.—(1)  No person shall carry on business as a supplier, packer or manufacturer unless he is registered under this Act as a supplier, packer or manufacturer, as the case may be.
(2)  Any person who contravenes or fails to comply with any of the provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 years or to both.
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Unlicensed exporter not to recover money
10.  No person shall be entitled to bring any proceedings in any court to recover any money, fee, gain or reward for any timber exported by him in the course of his business as an exporter unless he was the holder of a licence at the time of exporting the timber.
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Unregistered grader not to recover money
11.  No person shall be entitled to bring any proceedings in any court to recover any money, commission, fee, gain or reward for any service done or performed by him as a grader unless he was registered under this Act as a grader at the time of doing or performing that service.
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Unregistered supplier, manufacturer or packer not to recover money
12.  No person shall be entitled to bring any proceedings in any court to recover any money, commission, fee, gain or reward for any timber supplied by him or service done or performed by him as a supplier, packer or manufacturer unless he was registered under this Act as a supplier, packer or manufacturer, as the case may be, at the time of supplying the timber or doing or performing any such service.
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