PART 3 | COMPLIANCE MEASURES AND ENFORCEMENT |
17.—(1) The Authority may, from time to time —| (a) | issue one or more codes of practice concerning the provision of third‑party taxi booking services applicable to all registered providers or any specified class or classes of registered providers; or | | (b) | amend, add to or revoke any code of practice issued under paragraph (a). |
| (2) A code of practice may, in particular, specify the duties and obligations of any registered provider in relation to any third‑party taxi booking service to be provided under the registered provider’s class or classes of registration. |
(3) If any provision in any code of practice is inconsistent with any provision of this Act, the provision in the code of practice, to the extent of the inconsistency —| (a) | is to have effect subject to this Act; and | | (b) | having regard to this Act, is not to have effect. |
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(4) Where any code of practice is issued, amended, added to or revoked by the Authority under subsection (1), the Authority must —| (a) | publish a notice of the issue, amendment, addition or revocation, as the case may be, of the code of practice as will secure adequate publicity for such issue, amendment, addition or revocation; | | (b) | specify in the notice referred to in paragraph (a), the date the issue, amendment, addition or revocation is to take effect (as the case may be); and | | (c) | ensure that, so long as the code of practice remains in force, copies of that code of practice are made available to the registered providers who are to comply with that code of practice. |
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| (5) A code of practice issued under this section does not have any legislative effect. |
| (6) Subject to subsection (7), every registered provider must comply with the relevant codes of practice applicable to the registered provider. |
| (7) The Authority may, either generally or for such time as the Authority may specify, waive the application of any code of practice or any part of a code of practice issued under this section to any registered provider. |
| (8) Any contravention or failure to comply by a registered provider with any code of practice applicable to the registered provider does not of itself render the registered provider liable to criminal proceedings, but any such contravention or non‑compliance may, in any proceedings (criminal or otherwise under this Act), be relied on by any party to those proceedings as tending to establish or negate any liability which is in question in those proceedings. |
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18.—(1) The Authority may (without compensation) give any direction to a registered provider if the Authority has reasonable grounds to believe that —| (a) | the registered provider is providing a third‑party taxi booking service in a manner that may adversely affect the availability of taxi services for hail on roads in Singapore; | | (b) | the registered provider is providing a third‑party taxi booking service that is not responsive to the demand for taxi services in Singapore; or | | (c) | there is an emergency for which the direction is necessary to alleviate or minimise any serious risk to public safety. |
(2) Any direction given under subsection (1) —| (a) | may require the registered provider concerned (according to the circumstances of the case) to do, or to refrain from doing, such things as are specified in the direction or are of a description as specified in the direction; | | (b) | is to take effect at such time, being the earliest practicable time, as is determined by or under that direction; and | | (c) | may be revoked at any time by the Authority. |
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(3) Before giving a direction to a registered provider under subsection (1), the Authority must, unless the Authority considers that it is not practicable or desirable, give notice —| (a) | stating that the Authority proposes to give the direction and the effect of the proposed direction; and | | (b) | specifying the time within which written representations to the proposed direction may be made, |
| and the Authority must consider the written representations which are duly made. |
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| (4) A registered provider must comply with every direction given to the registered provider by the Authority under this section. |
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19.—(1) The Authority may (without compensation) impose a compliance order on a registered provider if the Authority is satisfied —| (a) | that the registered provider has contravened, or failed to comply with, any condition of registration, any direction given by the Authority under section 18, or any provision of a code of practice applicable to the registered provider; and | | (b) | that it is appropriate or requisite that a compliance order under this section be given instead of a regulatory sanction under section 20. |
(2) A compliance order —| (a) | may require the registered provider concerned (according to the circumstances of the case) to do, or to refrain from doing, such things as are specified in the compliance order or are of a description as so specified therein; | | (b) | is to take effect at such time, being the earliest practicable time, as is determined by or under the compliance order; and | | (c) | may be revoked at any time by the Authority. |
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(3) Without limiting subsection (2)(a), a compliance order —| (a) | may include measures to be taken by the registered provider to rectify the contravention or non‑compliance, or to otherwise comply with the compliance order; and | | (b) | may offer the registered provider on whom it is imposed, a choice of ways to rectify the contravention or non‑compliance, or to otherwise comply with the compliance order. |
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(4) In determining whether it is appropriate or requisite that a compliance order (instead of a regulatory sanction under section 20) be imposed, the Authority must have regard to, and give such weight as the Authority considers appropriate to, all of the following matters:| (a) | the extent that any person is likely to sustain loss or damage due to anything likely to be done, or omitted to be done, as a result of the contravention or the non‑compliance, if no regulatory sanction under section 20 is imposed; | | (b) | whether a compliance order is proportionate to the nature of the contravention or non‑compliance; | | (c) | whether the contravention or non‑compliance is rectifiable. |
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(5) The Authority must, before imposing any compliance order, give notice to the registered provider concerned —| (a) | stating that the Authority intends to impose a compliance order against the registered provider; | | (b) | specifying the instance of contravention or non‑compliance that is the subject of the proposed compliance order; and | | (c) | specifying the time (not being less than 28 days after the date of service of the notice) within which written representations may be made to the Authority with respect to the proposed compliance order. |
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| (6) The Authority may, after considering any written representation under subsection (5)(c), impose such compliance order on the registered provider as the Authority considers appropriate by giving written notice to the registered provider of that compliance order. |
| (7) A registered provider must comply with every compliance order imposed on the registered provider by the Authority under this section. |
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20.—(1) The Authority may (without compensation) impose one or more regulatory sanctions under subsection (2) against a registered provider if the Authority is satisfied that the registered provider —| (a) | has contravened, or failed to comply with, any condition of registration, any direction given by the Authority under section 18, or any provision of a code of practice applicable to the registered provider; | | (b) | has failed to provide a third‑party taxi booking service that is safe, reliable and efficient; or | | (c) | has, despite a compliance order imposed under section 19, continued the contravention or non‑compliance that is the subject of the compliance order. |
(2) The following are the regulatory sanctions for the purposes of subsection (1):| (a) | a financial penalty not exceeding $100,000 for —| (i) | each instance of contravention or non‑compliance referred to in subsection (1)(a) or (c); or | | (ii) | each act done or omission made that results in a failure to provide a third‑party taxi booking service that is safe, reliable and efficient; |
| | (b) | the suspension (for not more than 3 months) of a registered provider’s registration; | | (c) | the revocation of a registered provider’s registration. |
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(3) The Authority must, before imposing any regulatory sanction, give notice to the registered provider concerned —| (a) | stating that the Authority intends to impose the regulatory sanction against the registered provider; | | (b) | specifying the type of regulatory sanction the Authority proposes to impose and each instance of contravention or non‑compliance, or each act or omission, that is the subject of the regulatory sanction; and | | (c) | specifying the time (not being less than 28 days after the date of service of the notice) within which written representations may be made to the Authority with respect to the proposed regulatory sanction. |
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| (4) The Authority may, after considering any written representation under subsection (3)(c), impose such regulatory sanction on the registered provider as the Authority considers appropriate by giving written notice to the registered provider of that regulatory sanction. |
| (5) Subject to section 22, any regulatory sanction specified in the notice given under subsection (4) takes effect from the date on which that notice is given, or on such other date as may be specified in the notice. |
(6) The revocation or suspension of any registration under this section does not prejudice the enforcement —| (a) | by any person of any right or claim against the registered provider or former registered provider; or | | (b) | by the registered provider or the former registered provider of any right or claim against any person. |
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| Surrender of certificate of registration |
21.—(1) Subject to subsection (2), a registered provider may at any time surrender the registered provider’s certificate of registration to the Authority for cancellation.(2) The Authority may refuse the surrender of a certificate under subsection (1) if —| (a) | the Authority is investigating any probable instance of contravention or non‑compliance that may result in a compliance order, or any probable instance of contravention, non‑compliance, act or omission that may result in a regulatory sanction; or | | (b) | the Authority has commenced proceedings under section 19 with a view to imposing a compliance order, or proceedings under section 20 with a view to imposing a regulatory sanction. |
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22.—(1) Any person aggrieved by any of the following decisions of the Authority (called in this section the appellant) may appeal to the Minister:| (a) | the refusal to register the appellant, vary the appellant’s class of registration or renew the appellant’s registration; | | (b) | the modification of conditions of the appellant’s registration under section 16(5); | | (c) | any provision of a code of practice applicable to the appellant under section 17; | | (d) | any direction under section 18 given to the appellant; | | (e) | any compliance order under section 19 imposed on the appellant; | | (f) | any regulatory sanction under section 20 imposed on the appellant. |
(2) An appeal under this section —| (a) | must be in writing; | | (b) | must specify the grounds for the appeal; and | | (c) | must be made —| (i) | in the case of a decision referred to in subsection (1)(a), (c), (d), (e) or (f), within 14 days after the date of service of the decision; or | | (ii) | in the case of a decision referred to in subsection (1)(b), within 28 days after the date of service of the decision. |
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| (3) An appellant who makes an appeal to the Minister under this section must provide such information as may be required by the Minister in such manner and within such period as may be specified by the Minister. |
| (4) The Minister may reject an appeal of an appellant who fails to comply with the requirements of subsection (2) or (3). |
(5) After consideration of an appeal, the Minister may —| (a) | reject the appeal and confirm the Authority’s decision; or | | (b) | allow the appeal and substitute or vary the Authority’s decision, |
| and the Minister’s decision is final. |
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| (6) Every appellant must be notified of the Minister’s decision under subsection (5). |
(7) Any decision of the Authority appealed against under this section must be complied with until the determination of the appeal, except that —| (a) | a condition that is the subject of the appeal need not be complied with until the determination of the appeal; and | | (b) | a financial penalty that is the subject of the appeal need not be paid until the determination of the appeal. |
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| Designation of persons to hear appeals |
23. The Minister may designate the following persons to consider and determine in his or her place, any appeal under section 22:| (a) | any Minister of State or Senior Minister of State, for his or her Ministry; | | (b) | any Parliamentary Secretary or Senior Parliamentary Secretary, for his or her Ministry, |
| and any reference in that section to the Minister includes a reference to the Minister of State or Senior Minister of State, or the Parliamentary Secretary or Senior Parliamentary Secretary, so designated for that appeal. |
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24.—(1) For the purposes of finding out whether any condition of registration, any direction under section 18 or any provision of a code of practice has been or is being contravened or not complied with, or whether there is any act or omission that results in a failure to provide a third‑party taxi booking service that is safe, reliable and efficient, an officer of the Authority may do all or any of the following in relation to any person after declaring his or her office and producing such identification card as the Chief Executive of the Authority may direct to be carried by officers of the Authority:| (a) | require any person whom the officer reasonably believes to have committed the contravention or non‑compliance, or done the act or made the omission, to furnish evidence of the person’s identity; | | (b) | require any person to furnish any information, or produce any record or document (or copy of any record or document) in the possession of that person, and may, without giving any fee or reward, inspect, copy or take extracts from such record or document; | | (c) | require, by order in writing, the attendance before the officer of any person within the limits of Singapore who, from the information given or otherwise obtained by the officer, appears to be acquainted with the circumstances of the case, and the person so ordered must attend as required; | | (d) | examine orally any person who appears to be acquainted with the facts and circumstances of matters under this Act, whether proceedings under section 20 with a view to any regulatory sanction have started in connection with the matter. |
| (2) Any person examined under this section is bound to state truly what the person knows of the facts and circumstances concerning matters under this Act, except that the person need not say anything that might expose him or her to a criminal charge, penalty or forfeiture. |
(3) A statement made by any person examined under this section must —| (a) | be reduced to writing; | | (b) | be read over to the person; | | (c) | if the person does not understand English, be interpreted for the person in a language that he or she understands; and | | (d) | after correction (if necessary), be signed by the person. |
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| (4) If any person fails to attend as required by an order under subsection (1)(c), the officer may report such failure to a Magistrate who may then issue a warrant to secure the attendance of that person as required by the order. |
(5) Any person who —| (a) | refuses to give access to, or assaults, obstructs, hinders or delays, an officer of the Authority in the discharge of the officer’s duties; | | (b) | wilfully misstates or without lawful excuse refuses to give any information, or produce any record or document (or a copy of any record or document), required of the person by the officer under subsection (1)(b); or | | (c) | fails to comply with a lawful demand of an officer in the discharge by such officer of his or her duties under this section, |
| 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 12 months or to both. |
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| (6) To avoid doubt, nothing in this section affects the powers of enforcement of an officer of the Authority under section 39 of the Land Transport Authority of Singapore Act (Cap. 158A) in relation to any offence under this Act. |
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