PART VI | MISCELLANEOUS AND GENERAL |
| Power to enter on and examine land |
96.—(1) Whenever it appears to a public telecommunication licensee that it shall or probably shall be necessary to exercise the powers conferred by this Act upon a public telecommunication licensee in respect of any land other than State land for the provision of any telecommunication service, that licensee or any person authorised by that licensee in that behalf may, after giving not less than 24 hours’ previous notice to the occupier thereof, if any, enter upon the land and may survey and take levels and do all other necessary acts preparatory to the provision of the service, so far as the same may be possible without causing any damage or disturbance.| (2) In the event of any damage or disturbance being caused by reason of the entry, the public telecommunication licensee shall pay compensation to the owner or occupier thereof. |
| (3) Nothing in this section shall be deemed to authorise any employee or agent of a public telecommunication licensee to cut down or clear away any vegetation or any fence or other erection or to enter any building or upon any enclosure attached to any building. |
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| Power to enter on State land for purposes of installation |
97. For the purpose of providing any telecommunication service, a public telecommunication licensee or any person authorised by that licensee in that behalf may, at any reasonable time, enter upon any State land and may, subject to the approval of the Collector of Land Revenue, erect in or upon the State land such installation or plant used for telecommunications or excavate such trenches as may be necessary or proper for the purpose of providing the telecommunication service, and may carry out all necessary works in connection therewith, and may, in the course thereof, fell or lop trees, remove vegetation and do all other things necessary for that purpose, but —| (a) | where any such work interferes with improvements, buildings, growing trees or crops, the licensee shall pay compensation for any disturbance or damage; and | | (b) | where the land is occupied under a licence for temporary occupation, the compensation shall be paid to the occupant under the licence. |
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| Power to enter on other land for purposes of installation |
98.—(1) Subject to this section, whenever it is necessary to do so for the purposes of providing any telecommunication service under this Act, a public telecommunication licensee may lay, place or carry on, and erect under, upon or over any land, other than State land, such installation or plant used for telecommunications as may be necessary or proper for such purposes and may take such other action as may be necessary to render such installation or plant safe and efficient, paying compensation to any person interested for any disturbance, damage or disability that may be caused thereby.| (2) Any compensation payable under subsection (1) may include an annual payment for land or other immovable property used for the purpose of the public telecommunication licensee’s installation or plant. |
| (3) A public telecommunication licensee shall not acquire any right other than that of user only in respect of any land or property under, over, along, across, in or upon which the licensee places any installation or plant used for telecommunications under this section. |
| (4) Before entering on any land for the purpose specified in subsection (1), a public telecommunication licensee shall give 14 days’ notice stating as fully and accurately as possible the nature and extent of the acts intended to be done. |
| (5) The notice shall be given to the owner or occupier of the land in the manner provided under this Act. |
| (6) The owner or occupier of the land may, within 14 days of the receipt of the notice referred to in subsection (4), lodge a written objection with the Authority and the Authority shall specify a date to inquire into any such objection. |
| (7) If no objection is lodged within the time specified in subsection (6), the public telecommunication licensee may forthwith enter on the land and do all or any of the acts specified in the notice given under subsection (4). |
| (8) If an objection is lodged and is not withdrawn before the date fixed for the hearing thereof, the Authority shall hold an enquiry, giving each party an opportunity to be heard. |
| (9) Subject to subsection (10), upon the conclusion of the enquiry, the Authority may authorise, either unconditionally or subject to such terms, conditions and stipulations as it thinks fit, any of the acts mentioned in the notice given under subsection (4) to be carried out. |
| (10) Any person aggrieved by the decision of the Authority may, within 14 days of the conclusion of the enquiry, appeal to the Minister whose decision shall be final. |
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| Inspection, maintenance and repair of installation or plant for telecommunications |
99.—(1) Whenever it is necessary to do so for the purposes of carrying out any functions and duties of the Authority under this Act or any regulations made thereunder, the Authority may enter upon any land or building, or stop or board any vessel, aircraft or vehicle and may carry out all necessary inspections or investigations and do all things necessary for such purpose.| (2) Whenever it is necessary to do so for the purpose of inspecting, maintaining or repairing a public telecommunication licensee’s installation or plant or for the purpose of carrying out any functions conferred on a public telecommunication licensee under this Act or under any licence granted under section 26, that licensee or any person authorised by that licensee in that behalf may, at any reasonable time, enter upon any land or building, whether or not such installation or plant has been laid, placed, carried or erected on, under, upon or over the land or building, and may carry out all necessary inspection, maintenance or repair, and may in the course thereof, fell or lop trees, remove vegetation and do all other things necessary for the purpose, causing as little damage as possible and paying compensation to any person adversely affected for any damage that may be caused thereby for which compensation has not already been assessed under section 98. |
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| Removal or alteration of installation or plant for telecommunications |
100.—(1) Where a public telecommunication licensee’s installation or plant has been laid, placed, carried or erected on, under, upon or over any land under section 97 or 98, and any owner or occupier of the land or any person to or by whom the land is subsequently alienated or occupied desires to use the land in such manner as to render it necessary or convenient that such installation or plant should be removed to another part of the land, or to a higher or lower level, or altered in form, he may require that licensee to remove or alter such installation or plant accordingly.| (2) If the licensee fails to comply with the requisition, the person may apply in writing to the Authority and the Authority shall, as soon as practicable, specify a date to inquire into the facts of the case. |
| (3) Subject to subsection (8), upon the conclusion of the enquiry, the Authority may require, subject to such terms, conditions and stipulations as it thinks fit, the removal or alteration of such installation or plant. |
| (4) Whenever a public telecommunication licensee’s installation or plant has been laid, placed, carried or erected on any State land by such licensee, and the land is subsequently alienated to any person, the owner or occupier of the land may, unless the terms of alienation expressly provide otherwise, require the removal to another part of the land, or to a higher or lower level, of such installation or plant, and subsections (1) to (3) shall apply to any such requisition, and the costs of executing the removal shall be defrayed by the person making the requisition. |
| (5) Where an owner of any land desires to use his land for the purposes of development and he considers it necessary that a public telecommunication licensee’s installation or plant that has been laid, placed, carried or erected on his land should be removed therefrom, he may request the licensee to remove the same from his land. |
| (6) Where a public telecommunication licensee undertakes the work of removal pursuant to the request of the owner under subsection (5), the owner shall pay compensation to the licensee. |
| (7) Subject to subsection (8), if a public telecommunication licensee does not intend to undertake the work of removal pursuant to the request of the owner under subsection (5), that licensee shall, by notice in writing, inform the owner and the Authority of its intention and the Authority shall specify a date not less than 14 days from the date of the notice to inquire into the facts of the case. |
| (8) Any person aggrieved by any decision of the Authority under this section may, within 14 days of the conclusion of the enquiry, appeal to the Minister whose decision shall be final. |
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| Removal of trees dangerous to or obstructing any installation or plant for telecommunications |
101.—(1) Where, in the opinion of a public telecommunication licensee there is at any time danger or suspected danger that any tree (which term in this section includes undergrowth) near the licensee’s installation or plant may interrupt or interfere with any telecommunication service or cause damage to such installation or plant, the licensee may cause the tree to be felled or dealt with in such other manner as will, in its opinion, avert the danger.| (2) A public telecommunication licensee shall, in the exercise of its powers under subsection (1), be subject to the provisions of the Parks and Trees Act (Cap. 216). |
| (3) Where a tree, which has been felled or otherwise dealt with under subsection (1), was in existence before the public telecommunication licensee’s installation or plant was placed, erected or installed, the licensee may subject to subsections (4) and (5) pay to any person adversely affected such sum as may be agreed by way of compensation. |
| (4) No further compensation shall be paid for the felling or lopping of any tree or the removal of any vegetation where the action is necessary for the maintenance of a public telecommunication licensee’s installation or plant and the tree and vegetation have grown or been allowed to grow since the payment of compensation under subsection (3). |
| (5) No compensation shall be payable by a public telecommunication licensee under subsection (3) in respect of any tree within 20 metres of the centre line of any road constructed or maintained by the Government or by any public authority unless it is proved that the tree was in existence prior to the construction of the road. |
| (6) In the event of the owner or occupier of any land felling, lopping or clearing any tree or vegetation adjacent to a public telecommunication licensee’s installation or plant, the owner or occupier shall give the licensee 14 days’ notice in writing of his intention to do so and shall take all such reasonable precautions as the licensee may require for the protection of such installation or plant. |
| (7) If any such owner or occupier fails to give notice as provided under subsection (6) or having given notice fails to take any such precautions as the public telecommunication licensee may have required, he shall be liable to pay the licensee any cost and expense incurred by the licensee for any damage caused to any such installation or plant, and a certificate purporting to be under the hand of the chief executive of the licensee stating the amount of the cost and expense incurred by the licensee shall be prima facie evidence of the amount due from the owner or occupier. |
| (8) If the amount due for the cost and expense is not paid within 7 days after demand, the amount may be recovered in the same manner as if it were a simple contract debt. |
| (9) If any tree or vegetation is felled or cleared upon land adjacent to a public telecommunication licensee’s installation or plant, it shall be presumed until the contrary is proved that the tree or vegetation was felled or cleared by the owner or occupier of the land or by his employees or agents acting as such. |
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| Provision of building space by developer or owner |
| 102. Where the developer or owner of a building considers that any telecommunication service of a public telecommunication licensee is required, and the licensee is of the opinion that any installation or plant for telecommunications to be used in providing the service has to be installed within or on the building, the licensee may require the developer or owner of the building to provide for the exclusive use of the licensee at such developer or owner’s expense, such space and other facilities necessary for the operation of such installation or plant within or on the building and access thereto as may be required by the licensee. |
| Provision of facilities for radio-communication |
103.—(1) Any person who intends to install, erect or construct within a radius of 200 metres from the site of a public telecommunication licensee’s installation or plant used in connection with its radio-communication service, any building more than 300 metres above ground level shall notify the licensee in writing before carrying out any such installation, erection or construction.| (2) The public telecommunication licensee may, after receiving such notification from the person, make arrangements with the person for the licensee to enter upon the building at any reasonable time to provide such accommodation or other facilities in or around the building as may be necessary or proper for any installation or plant used in connection with radio-communication service to be laid, placed, constructed, erected or installed in, on or around the building. |
| (3) Where, in the opinion of a public telecommunication licensee, a building which is installed, erected or constructed after the licensee’s installation or plant used in connection with its radio-communication service was laid, placed, constructed, erected or installed in or around the building, interrupts or interferes with the licensee’s radio-communication service or system, the licensee may, at any reasonable time, enter upon the building to provide such accommodation or other facilities in or around the building as may be necessary or proper for such installation or plant to be laid, placed, constructed, erected or installed in, on or around the building for the purposes of eliminating such interruption or interference. |
| (4) The public telecommunication licensee shall pay compensation to the owner or occupier of any building for any disturbance, disability or damage caused as a result of any act of the licensee under subsection (2) or (3). |
| (5) For the purposes of this section and section 102, “a building” means any permanent or temporary building and includes any structure or erection of any kind (whether permanent or temporary) and any extension, modification or alteration made thereto. |
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| Disputes as to compensation |
104.—(1) If any dispute arises concerning the sufficiency of compensation to be paid under sections 96(2), 97, 98(1), 99(2), 100(6), 101(3) and 103(4), it shall, on application for that purpose by any aggrieved person to the Authority, be determined by the Authority.| (2) If any aggrieved person is dissatisfied with the Authority’s determination, he may, within 14 days of the determination, appeal to the Minister whose decision shall be final. |
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| Precautions in execution of work |
| 105. The execution of any work by a public telecommunication licensee under this Act which may affect any street, railway, river, canal, or other waterway or any system of irrigation, drainage or water supply or any telecommunications, harbour works or any other public or private works, and the erection of any installation or plant used for telecommunications whether over, on or under the ground shall be carried out in a lawful manner having regard to the safety of any person or property. |
| Savings of wayleave agreements |
106. Nothing in section 98(1) and (6) shall —| (a) | affect the right of a public telecommunication licensee to enter into an agreement, commonly known as a wayleave agreement, with the owner or occupier of any land for the purpose of laying, placing, carrying or erecting any installation or plant used for telecommunications on the land; | | (b) | affect any such wayleave agreement subsisting immediately before the appointed day; or | | (c) | affect the right of a public telecommunication licensee to negotiate the use of land or facilities belonging to the State or any other person. |
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| Existing installation or plant |
107.—(1) Every installation or plant used for telecommunications or for posts placed before the appointed day under, over, along, across, in or upon any property and established or maintained by the Authority shall be deemed to have been placed in the exercise of the powers conferred by and after observance of all the requirements of this Act.| (2) Every installation or plant used for telecommunications or for posts placed under, over, along, across, in or upon any property by a public telecommunication licensee or a public postal licensee shall remain the property of the licensee concerned whether or not it has become in whole or in part a fixture. |
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| Right to conduct international business dealings |
| 108. For the purposes of the conduct of any international telecommunication or postal service by a public telecommunication licensee or a public postal licensee, as the case may be, and subject to this Act, the licensee concerned may enter into direct communication, arrangement and agreement with the lawfully constituted telecommunication or postal authority of any country or with any duly authorised international agency or organisation concerned with telecommunication or postal matters, as the case may be, for the purpose of providing facilities, fixing rates, arranging terms of payment or accounting, for operational, engineering or administrative purposes or for any other purpose necessary for the proper fulfilment of its functions. |
| Government’s overriding international rights |
| 109. Nothing in section 108 shall be deemed to abrogate the right of the Government at any time to determine its relations with any country or with any international agency or organisation and a public telecommunication licensee or a public postal licensee, as the case may be, shall so discharge its responsibilities and conduct its business as to comply with and fulfil all international agreements, conventions or undertakings relating to telecommunication or postal matters, as the case may be, to which Singapore is a party. |
| Liability for international financial obligations |
| 110. A public telecommunication licensee or a public postal licensee, as the case may be, shall be fully responsible for meeting all financial obligations arising from the operation of any international telecommunication or postal service, as the case may be, and shall settle accounts with other telecommunication or postal authorities, as the case may be. |
| Contribution by Government |
| 111. Where the Government considers it necessary that any telecommunication or postal service of an exceptional nature should be provided, and where a public telecommunication licensee or a public postal licensee, as the case may be, considers it uneconomic to provide the service without contribution from the Government, the Government may make such contribution towards the capital outlay necessary to provide any such service as may be estimated by the licensee concerned and agreed to by the Government. |
| Provision to Government of telecommunication or postal services, etc. |
| 112. The Minister may direct a public telecommunication licensee or a public postal licensee to undertake and provide such telecommunication or postal services and facilities, as the case may be, as may be necessary for aeronautical, maritime, meteorological, governmental, defence or other purposes and upon being so directed the licensee concerned shall so provide the services or facilities, and shall be entitled to fair and proper payment therefor. |
| Exemption from distress and attachment |
| 113. The installation or plant used for telecommunications of a public telecommunication licensee or the installation or plant used for posts of a public postal licensee shall not be subject to distress or be liable to be taken in execution under any process of a court in any bankruptcy or insolvency proceedings against any person without the prior approval of the Minister in writing. |
| Exclusion of liability of public telecommunication licensees |
114. A public telecommunication licensee shall not be liable in respect of any injury, loss or damage suffered by any person by reason of —| (a) | any failure to provide or delay in providing any telecommunication services or any equipment associated therewith or service ancillary thereto; | | (b) | any failure, interruption, suspension or restriction of any telecommunication service or service ancillary thereto or delay of, or fault in, any communication by means of telecommunications; | | (c) | any error in or omission from any directory or publication of the licensee or error in or omission of any information transmitted through telecommunications; or | | (d) | any loss of secrecy in communication arising from the use of any telecommunication service. |
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| Exclusion of liability of public postal licensees |
115.—(1) A public postal licensee shall not be liable in respect of any injury, loss or damage suffered by any person by reason of —| (a) | any loss, misdelivery or delay of or damage to any postal article in the course of transmission by post; | | (b) | any failure to provide or delay in providing any postal service or any equipment associated therewith or service ancillary thereto; | | (c) | any failure, interruption, suspension or restriction of any postal service or service ancillary thereto or delay of, or fault in, any communication by post; | | (d) | any loss of secrecy in communication arising from the use of any postal service; or | | (e) | any wrong payment or delay in payment in connection with any remittance of money through the public postal licensee or any other irregularity in the document used in connection with the remittance. |
| (2) Notwithstanding subsection (1), in the event of the loss of or damage to any article enclosed in or forming part of a parcel or an insured postal article, or the loss of any registered postal article while in the custody of a public postal licensee, the licensee may pay an indemnity in accordance with the provisions of the Convention regulating the affairs of the Universal Postal Union or any international agreement to which Singapore is a party. |
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116.—(1) The Minister may, after consultation with a person to whom this section applies, give to that person such directions as he thinks fit as to the exercise by that person of its functions under this Act.(2) Without prejudice to subsection (1), if it appears to the Minister to be requisite or expedient to do so —| (a) | on the occurrence of any public emergency, in the public interest or in the interests of public security, national defence, or relations with the government of another country; or | | (b) | in order —| (i) | to discharge or facilitate the discharge of an obligation binding on the Government by virtue of its being a member of an international organisation or a party to an international agreement; | | (ii) | to attain or facilitate the attainment of any other object the attainment of which is in the opinion of the Minister requisite or expedient in view of the Government being a member of such an organisation or a party to such an agreement; or | | (iii) | to enable the Government to become a member of such an organisation or a party to such an agreement, |
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| he may, after consultation with a person to whom this section applies, give such directions to that person as are necessary in the circumstances of the case. |
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(3) Any directions given under subsection (1) or (2) may include —| (a) | in the case of telecommunications —| (i) | provisions for the prohibition or regulation of such use in all cases or of such cases as may be considered necessary; | | (ii) | provisions for the taking of, the control of or the usage for official purposes of, all or any such telecommunication system and equipment; | | (iii) | provisions for the stopping, delaying and censoring of messages and the carrying out of any other purposes which the Minister thinks necessary; and |
| | (b) | in the case of post —| (i) | provisions for the interception or detention of any postal article in the course of transmission by post; | | (ii) | provisions for the postal article to be delivered to any officer mentioned in the direction to be dealt with in such manner as the Minister may direct. |
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| (4) Nothing in any directions given under subsection (3)(a) shall apply to the use of any telecommunications for the purpose of making or answering signals of distress. |
| (5) A person to whom this section applies shall give effect to any directions given to that person under subsection (1) or (2) notwithstanding any other duty imposed on that person by or under this Act. |
| (6) A person to whom this section applies shall not disclose any directions given to that person under subsection (1) or (2) if the Minister notifies that person that the Minister is of the opinion that the disclosure of the directions is against the public interest. |
(7) The Minister may —| (a) | pay compensation for any damage caused to a public telecommunication licensee by reason of its compliance with the directions of the Minister under subsection (3)(a)(ii); | | (b) | make grants to public telecommunication licensees and public postal licensees for defraying or contributing towards any losses which they may sustain by reason of their compliance with the directions of the Minister under any other provisions of this section. |
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| (8) Any sums required by the Minister for paying compensation or making grants under subsection (7) shall be paid out of the Consolidated Fund. |
| (9) This section shall apply to the Authority and to any person who is a public telecommunication licensee or a public postal licensee. |
| (10) If any doubt arises as to the existence of a public emergency or as to whether any act done under this section was in the public interest or in the interests of public security, national defence or relations with the government of another country, a certificate signed by the Minister shall be conclusive evidence of the matters stated therein. |
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| Furnishing of information |
117.—(1) The Authority or any person authorised by the Authority in that behalf may by notice require any person to furnish to the Authority or the person so authorised, within such period as shall be specified in the notice, all such documents or information relating to all such matters as may be required by the Authority for the purposes of this Act and as are within the knowledge of that person or in his custody or under his control.| (2) Any person who, on being required by notice under subsection (1) to furnish any document or information, fails to comply with any requirement of the notice shall be guilty of an offence. |
(3) A person who —| (a) | intentionally alters, suppresses or destroys any document which he has been required by any notice under subsection (1) to furnish; or | | (b) | in furnishing any estimate, return or other information required of him under any notice under subsection (1), makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, |
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| 118. A Magistrate’s Court or a District Court shall have jurisdiction to hear and determine all offences under this Act and, notwithstanding anything to the contrary in the Criminal Procedure Code (Cap. 68), shall have power to impose the full penalty or punishment in respect of any offence under this Act. |
| Offences by bodies of persons |
| 119. Where an offence under this Act or any regulations made thereunder has been committed by a company, firm, society or other body of persons, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer or a partner of the company, firm, society or other body of persons or was purporting to act in such capacity shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances. |
| Powers of arrest and search in respect of seizable offences |
120.—(1) The Chief Executive or any employee of the Authority deputed by him to act under this section may arrest without warrant —| (a) | any person found committing or attempting to commit or employing or aiding any person to commit a seizable offence under this Act; or | | (b) | any person against whom a reasonable suspicion exists that he has been guilty of a seizable offence under this Act, |
| and may search any person so arrested, except that no female shall be searched except by a female. |
| (2) Every person so arrested shall, together with any article as to which an offence may have been committed or attempted to be committed, be taken to a police station. |
| (3) For the purposes of this section, offences punishable under sections 70, 77, 78, 79, 80, 81, 85, 87, 90(a), (b), (c) and (d) and 91 to 95 shall be deemed to be seizable offences within the meaning of the Criminal Procedure Code. |
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| Powers of search and arrest in respect of offences under section 70 or 89 |
121.—(1) Whenever it appears to any police officer or the Chief Executive or any employee of the Authority authorised to act for him under this section that an offence under section 70 or 89 is being committed or is about to be committed or attempted or whenever it appears that any article is concealed or deposited or contained in or on any vessel, aircraft or vehicle or premises in contravention of those sections, the police officer or the Chief Executive or the employee of the Authority may, if he has reasonable grounds for believing that by reason of the delay in obtaining a search warrant the article is likely to be removed —| (a) | stop and examine the vessel, aircraft or vehicle or enter the premises and there search for and take possession of any article and of any book or document which is reasonably believed to have a bearing on the case; and | | (b) | arrest any person being in the vessel, aircraft or vehicle or premises in whose possession the article may be found or whom the police officer or the Chief Executive or employee of the Authority may reasonably suspect to have concealed or deposited the article and may search any person so arrested, except that no female shall be searched except by a female. |
| (2) Every person so arrested shall, together with any such article, be taken to a police station. |
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| Obstruction of police officer or Chief Executive or employee of Authority |
| 122. Any person who intentionally obstructs a police officer or the Chief Executive or any employee of the Authority authorised to act for him in the execution of his duty under section 74 or 121 shall be guilty of an offence. |
| No costs or damages or other relief arising from seizure to be recoverable unless seizure without reasonable or probable cause |
| 123. No person shall, in any proceedings before any court in respect of any equipment, article, book or document seized in the exercise or the purported exercise of any power conferred under this Act, be entitled to the costs of the proceedings or to any damages or other relief other than an order for the return of the equipment, article, book or document or the payment of their value unless the seizure was made without reasonable or probable cause. |
124.—(1) Any police officer not below the rank of sergeant specially authorised by name in that behalf by the Minister, or any employee of the Authority specially authorised by name in that behalf by the Chief Executive, may in his discretion compound any such offence under this Act or any regulations made thereunder as may be prescribed as being an offence which may be compounded by collecting from the person reasonably suspected of having committed the offence a sum not exceeding $200.| (2) The Authority may, with the approval of the Minister, make regulations prescribing the offences which may be compounded. |
| (3) All sums collected under this section shall be paid to the Authority. |
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| 125. Any person guilty of an offence under this Act or any regulations made thereunder for which no penalty is expressly provided shall, in addition to the forfeiture of any article seized, be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. |
| Public Prosecutor to sanction prosecution |
126.—(1) No proceedings for an offence punishable under this Act or any regulations made thereunder shall be instituted except by or with the sanction of the Public Prosecutor.| (2) Any employee of the Authority or any police officer may conduct any prosecution under this Act or any regulations made thereunder on behalf of the Authority. |
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| Saving of prosecutions under other laws |
| 127. Nothing in this Act shall prevent any person from being prosecuted under any other written law for any act or omission which constitutes an offence under this Act or any regulations made thereunder, or from being liable under that other written law to any punishment or penalty higher or other than that provided by this Act or the regulations, but no person shall be punished twice for the same offence. |
128.—(1) Unless otherwise expressly provided in this Act, any notice, order or document required or authorised by this Act or any regulations made thereunder to be given or served on any person, and any summons issued by a court in connection with any offence under this Act or any regulations made thereunder may be served on the person concerned —| (a) | by delivering it to the person or to some adult member or employee of his family at his last known residence; | | (b) | by leaving it at his usual or last known residence or place of business in a cover addressed to him; | | (c) | by affixing it to some conspicuous part of his last known residence; | | (d) | by sending it by registered post addressed to the person at his usual or last known residence or place of business; or | | (e) | where the person is a body corporate —| (i) | by delivering it to the secretary or other like officer of the body corporate at its registered or principal office; or | | (ii) | by sending it by registered post addressed to the body corporate at its registered or principal office. |
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| (2) Any notice, order, document or summons sent by registered post to any person in accordance with subsection (1) shall be deemed to be duly served on the person to whom the letter is addressed at the time when the letter would, in the ordinary course of post, be delivered and in proving service of the same it shall be sufficient to prove that the envelope containing the notice, order, document or summons was properly addressed, stamped and posted by registered post. |
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| 129. This Act shall not apply to the licensing of any broadcasting station under the Broadcasting and Television Act (Cap. 28) or of any broadcasting apparatus or of any dealing in broadcasting apparatus under the Singapore Broadcasting Corporation Act (Cap. 297). |
| 130. The Minister may exempt any person or class of persons from any or all of the provisions of this Act. |
131.—(1) The Authority may, with the approval of the Minister, make regulations for any purpose for which regulations are required to be made under this Act and generally for carrying out the purposes and provisions of this Act.(2) Without prejudice to the generality of subsection (1), the Authority may, with the approval of the Minister, make regulations for or with respect to all or any of the following matters:| (a) | the proficiency examinations, including the syllabi and the details thereof, for the certification of competency of individuals operating telecommunication services or for the grant of any licence by the Authority; | | (b) | the classes and the conditions for the grant of licences by the Authority; | | (c) | the control and regulation of dealing in and use of telecommunication equipment; | | (d) | the control and regulation of interference by radiowaves or electrical or other means to telecommunications in Singapore; | | (e) | the control and regulation of installation, wiring, cabling and other types of works to be carried out on the telecommunication systems of a public telecommunication licensee; | | (f) | the manner of appointment, conduct and discipline and the terms and conditions of service of the employees of the Authority; | | (g) | the establishment of funds for the payment of gratuities and other benefits to the employees of the Authority; | | (h) | the acceptance, transmission by post, detention and disposal of postal articles; | | (i) | the supply, sale and use of postage stamps; | | (j) | the limit of amount of money that may be remitted through a public postal licensee and the manner and conditions under which such money may be remitted; | | (k) | the articles or things which may not be transmitted by post; | | (l) | the types of articles not to be treated as letters; | | (m) | the manner of receiving, delivering, collecting and distributing mail bags and postal articles; | | (n) | the conditions and restrictions for the payment of indemnity for the loss of or damage to postal articles where indemnity is payable under this Act; and | | (o) | the registration of postal articles and the cases where insurance of postal articles may be required. |
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| Repeal, amendments and transitional provisions |
132.—(1) The Telecommunication Authority of Singapore Act (Cap. 323) is repealed.| (2) Any scheme, contract, document, licence, permission or resolution prepared, made, granted or approved under the repealed Telecommunication Authority of Singapore Act shall, so far as it is not inconsistent with the provisions of this Act and except as otherwise expressly provided in this Act or in any other written law, continue and be deemed to have been prepared, made, granted or approved by the Authority under the corresponding provisions of this Act. |
| (3) Any subsidiary legislation made under the repealed Telecommunication Authority of Singapore Act or any other written law relating to telecommunication or postal matters and in force immediately before the appointed day shall, so far as it is not inconsistent with the provisions of this Act, continue in force as if made under this Act until it is revoked or repealed by subsidiary legislation made under this Act. |
| (4) The enactments mentioned in the Fourth Schedule shall have effect subject to the amendments to the extent therein specified (being minor amendments or amendments consequential on the preceding provisions of this Act). |
| (5) The Minister may, by order published in the Gazette, repeal or amend any written law which appears to him to be unnecessary having regard to the provisions of this Act or to be inconsistent with any provision of this Act. |
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