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REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 11]

Friday, September 23

[1994

The following Act was passed by Parliament on 26th August 1994 and assented to by the President on 14th September 1994:—

Singapore Broadcasting Authority Act 1994

(No. 15 of 1994)

I assent.

ONG TENG CHEONG

President.

14th September 1994.

Date of Commencement: 1st October 1994

An Act to establish the Singapore Broadcasting Authority, to regulate dealing in, the operation of and ownership in broadcasting services and broadcasting apparatus, to provide for the transfer of the property, rights and liabilities of the Singapore Broadcasting Corporation to successor companies and the Authority and for matters connected therewith, and to repeal the Singapore Broadcasting Corporation Act (Chapter 297 of the 1985 Revised Edition) and the Broadcasting and Television Act (Chapter 28 of the 1985 Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

PART I

PRELIMINARY

Short title and commencement

1. This Act may be cited as the Singapore Broadcasting Authority Act 1994 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Interpretation

2.—(1) In this Act, unless the context otherwise requires —

“appointed day” means the date of commencement of this Act;

“Authority” means the Singapore Broadcasting Authority established under section 3;

“broadcasting apparatus” means any apparatus capable of or designed or constructed for the reception of any broadcasting service and specified in the First Schedule;

“broadcasting apparatus licence” means a licence granted under section 32 in respect of broadcasting apparatus, and “broadcasting apparatus licensee” shall be construed accordingly;

“broadcasting licence” means a licence granted under section 20 or 21 for the broadcast of a licensable broadcasting service, and “broadcasting licensee” shall be construed accordingly;

“broadcasting service” means a service whereby signs or signals transmitted, whether or not encrypted, comprise —

(a)	any programme capable of being received, or received and displayed, as visual images, whether moving or still;
(b)	any sound programme for reception; or
(c)	any programme, being a combination of both visual image (whether moving or still) and sound for reception or reception and display,

by persons having equipment appropriate for receiving, or receiving and displaying, as the case may be, that service, irrespective of the means of delivery of that service;

“broadcasting successor companies” has the meaning assigned to it in section 49;

“Chairman” means the Chairman of the Authority and includes any temporary Chairman of the Authority;

“Chief Executive” means the Chief Executive of the Authority and includes any temporary Chief Executive of the Authority;

“class licence” means a licence determined under section 21 to be applicable to certain licensable broadcasting services;

“Code of Practice” means a Code of Practice issued under this Act;

“Corporation” means the Singapore Broadcasting Corporation established under the Singapore Broadcasting Corporation Act (Cap. 297) in force immediately before the appointed day;

“debenture” includes debenture stock;

“Deputy Chairman” means the Deputy Chairman of the Authority and includes any temporary Deputy Chairman of the Authority;

“dwelling-house” includes a hotel, inn, boarding house or other similar establishment;

“encrypted” means treated electronically or otherwise for the purpose of preventing intelligible reception;

“free-to-air broadcasting service” means a licensable broadcasting service made available for reception in not less than two dwelling-houses by broadcasting apparatus commonly available to the public without payment of a subscription fee;

“free-to-air licence” means a broadcasting licence granted under this Act for the operation of a free-to-air broadcasting service, and “free-to-air licensee” shall be construed accordingly;

“licence” means a licence granted under any provision of this Act, and “licensee” shall be construed accordingly;

“licensable broadcasting service” means any broadcasting service specified in the Second Schedule;

“member” means a member of the Authority;

“programme”, in relation to a broadcasting service, means —

(a)	any matter the primary purpose of which is to entertain, educate or inform all or part of the public; or
(b)	any advertising or sponsorship matter, whether or not of a commercial kind,

but does not include any matter that is wholly related to or connected with any private communication, that is to say —

(i)	any communication between two or more persons that is of a private or domestic nature;
(ii)	any internal communication of a business, Government agency or other organisation for the purpose of the operation of the business, agency or organisation; and
(iii)	communications in such other circumstances as may be prescribed;

“regulations” means regulations made under this Act;

“securities”, in relation to a company, includes shares, debentures, bonds and other securities of the company, whether or not constituting a charge on the assets of the company;

“shares”, in relation to a company, means shares in, or stock forming part of, the capital of the company;

“subscription broadcasting service” means a licensable broadcasting service made available to the audience for whom it is intended only upon the payment of a subscription fee;

“subscription fee” means any form of consideration;

“subsidiary” has the same meaning as in the Companies Act (Cap. 50);

“Telecommunication Authority of Singapore” means the Telecommunication Authority of Singapore established under the Telecommunication Authority of Singapore Act (Cap. 323);

“transfer date” has the meaning assigned to it in section 49;

“undertaking” means all the land, buildings and other property, movable or immovable, vested in the Corporation immediately before the appointed day and all assets, powers, rights, interests, privileges, debts, liabilities and obligations connected therewith.

(2) For the purposes of this Act, unless the context otherwise requires, “part of the public” includes residents in a particular place, employees of any firm, company or organisation, occupiers of a particular building or part thereof and members of any profession, club or society.

(3) For the purposes of this Act, a company shall be regarded as wholly owned by the Government at any time when all the issued shares in the company are held by or on behalf of the Government.