Tourist Promotion Board (Amendment) Act 1997

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 12]

Friday, November 14

[1997

The following Act was passed by Parliament on 7th October 1997 and assented to by the President on 15th October 1997:—

Tourist Promotion Board (Amendment) Act 1997

(No. 9 of 1997)

I assent.

ONG TENG CHEONG

President

15th October 1997.

Date of Commencement: 20th November 1997

An Act to amend the Tourist Promotion Board Act (Chapter 328 of the 1985 Revised Edition) and to make consequential amendments to certain other Acts.

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

Short title and commencement

1. This Act may be cited as the Tourist Promotion Board (Amendment) Act 1997 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of long title

2. The long title to the Tourist Promotion Board Act (referred to in this Act as the principal Act) is deleted and the following long title substituted therefor:

“An Act for the establishment of the Singapore Tourism Board and of the Tourism Fund and for matters connected therewith.”.

Amendment of section 1

3. Section 1 of the principal Act is amended by deleting the words “Tourist Promotion Board Act” and substituting the words “Singapore Tourism Board Act”.

Amendment of section 2

4. Section 2 of the principal Act is amended —

(a)

by deleting the definition of “Board” and substituting the following definitions:

“ “Board” means the Singapore Tourism Board established under section 3;

“Chief Executive” means the Chief Executive of the Board appointed under section 8 and includes any acting Chief Executive appointed under section 8(3);”.

(b)

by deleting the definition of “tourist enterprise” and substituting the following definitions:

“ “tourism enterprise” means all or any of the following:

(a)	any business which provides national or international carriage for passengers;
(b)	any business which, either wholly or in part, provides or arranges services for visitors to Singapore by way of transport, accommodation, tours or guides, whether or not such services are provided within or outside Singapore;
(c)	any business which, either wholly or in part, distributes for the purpose of trade or retails tourism-related products;
(d)	any other undertaking, including any convention, exhibition, show, fair, publicity campaign or theme park, intended wholly or in part for the benefit of, or for the purpose of attracting, visitors to Singapore;

“tourism-related product” means any product, primarily intended for sale to visitors to Singapore, that —

(a)	depicts any scenery or tourist attraction of Singapore;
(b)	bears the Merlion symbol, a representation of which is set out in the First Schedule; or
(c)	has any other characteristic that the Minister may, by notification in the Gazette, declare.”.

Amendment of section 3

5. Section 3 of the principal Act is amended —

(a)	by deleting the words “Singapore Tourist Promotion Board” in subsection (1) and substituting the words “Singapore Tourism Board”; and
(b)	by deleting the words “Tourist Promotion Board” in the marginal note and substituting the words “Singapore Tourism Board”.

Amendment of section 5

6. Section 5 of the principal Act is amended —

(a)

by deleting paragraphs (b), (c) and (d) of subsection (1) and substituting the following paragraphs:

“(b)	the Chief Executive; and
(c)	10 other members to be appointed by the Minister.”.

(b)

by deleting the words “subsection (1)(d)” in the second line of subsection (2) and substituting the words “subsection (1)(c)”.

Repeal and re-enactment of section 8

7. Section 8 of the principal Act is repealed and the following section substituted therefor:

“Chief Executive

8.—(1) The Board shall, with the approval of the Minister, appoint a Chief Executive for the purposes of this Act.

(2) The Chief Executive shall —

(a)	be known by such designation as the Board may determine;
(b)	be responsible to the Board for the proper administration and management of the functions and affairs of the Board in accordance with the policy laid down by the Board; and
(c)	not be removed from office without the consent of the Minister.

(3) If the Chief Executive is temporarily absent from Singapore or temporarily incapacitated by reason of illness or for any other reason temporarily unable to perform his duties, a person may be appointed by the Board to act in the place of the Chief Executive during such period of absence from duty.”.

New section 10A

8. The principal Act is amended by inserting, immediately after section 10, the following section:

“Appointment of committees and delegation of powers

10A.—(1) The Board may, in its discretion, appoint from among its members or other persons who are not members such number of committees consisting of members or other persons or members and other persons for purposes which, in the opinion of the Board, would be better regulated and managed by means of such committees.

(2) The Board may, subject to such conditions or restrictions as it may impose, delegate to the Chairman , Chief Executive or a committee appointed under subsection (1) all or any of the functions, duties and powers vested in the Board by or under this Act or any other written law, and any power, function or duty so delegated may be exercised or performed by the Chairman, Chief Executive or such committee, as the case may be, in the name and on behalf of the Board.

(3) The Board may, subject to such conditions or restrictions as it thinks fit, delegate to any member or employee of the Board all or any of its functions, duties and powers vested in the Board by or under this Act or any other written law, and any power, function or duty so delegated may be exercised or performed by such member or employee in the name and on behalf of the Board.

(4) The Board may continue to exercise a power conferred upon it, or perform a function or duty under this Act or any other written law, notwithstanding the delegation of such power, function or duty under this section.”.

Amendment of section 12

9. Section 12 of the principal Act is amended by deleting the words “Tourist Promotion Fund” in subsection (1) and in the marginal note and substituting in each case the words “Tourism Fund”.

New section 13A

10. The principal Act is amended by inserting, immediately after section 13, the following section:

“Functions of Board

13A.—(1) The functions of the Board shall be —

(a)	to develop and promote Singapore as a travel and tourist destination;
(b)	to advise the Government on matters relating to travel and tourism;
(c)	to enhance the travel and tourism sector’s contribution to the Singapore economy; and
(d)	to exercise licensing and regulatory functions in respect of such tourism enterprises as the Board may determine.

(2) In addition to the functions of the Board under subsection (1), the Board may undertake such other functions as the Minister may assign to the Board and in so doing the Board shall be deemed to be fulfilling the purposes of this Act and the provisions of this Act shall apply to the Board in respect of such functions.

(3) Nothing in this section shall be construed as imposing on the Board, directly or indirectly, any form of duty or liability enforceable by proceedings before any court.”.

Repeal and re-enactment of section 14

11. Section 14 of the principal Act is repealed and the following section substituted therefor:

“Powers of Board

14. Subject to this Act, the Board may carry on such activities as appear to the Board to be advantageous, necessary or convenient for it to carry on for or in connection with the discharge of its functions and duties under this Act and, in particular, the Board may exercise the following powers:

(a)

to act as an agent for the Government or, with the approval of the Minister, for any person, body or organisation for the transaction of any business connected with any tourism enterprise;

(b)

to engage in, assist in or promote the improvement of facilities for visitors to Singapore and the development of Singapore as a tourist destination;

(c)

to secure overseas publicity for the tourist attractions in Singapore and tourism projects outside Singapore in which Singapore has an interest;

(d)

to co-ordinate the activities of persons providing services for visitors to Singapore;

(e)

to regulate standards to be maintained by such tourism enterprises as the Board may determine;

(f)

to license such class or classes of tourism enterprises as the Board may determine and to prescribe the conditions under which the licences may be granted and the fees which may be levied for the licences;

(g)

to acquire, take on lease, hire, hold and enjoy movable and immovable property and to convey, assign, surrender, charge, mortgage, demise, transfer or otherwise dispose of, or deal with, any movable or immovable property belonging to the Board upon such terms as the Board considers fit;

(h)

to grant loans or advances to any person carrying on a tourism enterprise;

(i)

to enter into any contract or agreement for carrying out the purposes of this Act;

(j)

to receive, in consideration of the services rendered by the Board, such commission or payment as may be agreed upon;

(k)

to exercise all powers and perform all duties which, under any other written law, are or may be or become vested in or delegated to the Board;

(l)

with the approval of the Minister, to make rules for the establishment of a scheme or schemes for the payment of pensions, gratuities, provident fund or other superannuation benefits to such employees or classes of employees or former employees of the Board as the Board may determine, on their death or retirement from the service of the Board or on their otherwise leaving the service of the Board;

(m)

to carry on the business of providing transport facilities for persons visiting tourist attractions in Singapore;

(n)

to invest any money of the Board in securities authorised for the investment of trust funds by any written law and, with the approval of the Minister, in other securities, within or outside Singapore;

(o)

with the approval of the Minister, to subscribe for or acquire any stock, share, bond, debenture or other financial instrument in any company carrying on a tourism enterprise;

(p)

with the approval of the Minister, to invest any money of the Board in any business within or outside Singapore which will promote or be conducive to the tourism trade in Singapore;

(q)

with the approval of the Minister —

(i)	to enter into any joint venture with any person; or
(ii)	to form or participate in the formation of any company,

whether in Singapore or elsewhere, for the purpose of carrying out all or any of the functions of the Board;

(r)	with the approval of the Minister, to manage, control or supervise tourism enterprises within or outside Singapore by nominating directors or advisers, or by collaborating with persons carrying on tourism enterprises or entering into partnerships or any other arrangements with them;
(s)	with the approval of the Minister, to borrow money whether by way of bank overdraft or otherwise for such of the purposes of the Board as the Board may from time to time consider desirable; and
(t)	generally to do all such matters and things as may be incidental to or consequential upon the exercise of the Board’s powers or the discharge of its duties under this Act.”.

Repeal of sections 19 and 20 and re-enactment of section 19

12. Sections 19 and 20 of the principal Act are repealed and the following section substituted therefor:

“Annual report

19.—(1) The Board shall, as soon as practicable after the close of each financial year but not later than 30th September of each year, submit to the Minister an annual report on the activities of the Board during the preceding financial year.

(2) The Minister shall as soon as practicable cause a copy of every such report to be presented to Parliament.”.

Repeal and re-enactment of section 21

13. Section 21 of the principal Act is repealed and the following section substituted therefor:

“Protection from personal liability

21. No suit or other proceedings shall lie personally against any member or employee of the Board, or any other person acting under the direction of the Board, in respect of anything which is in good faith done or intended to be done in the execution or purported execution of this Act.”.

Amendment of section 22

14. Section 22 of the principal Act is amended —

(a)	by inserting, immediately after the word “Board”, the words “, or any other person,”; and
(b)	by deleting the word “Director” at the end thereof and substituting the words “Chief Executive”.

Repeal of sections 23 and 24 and re-enactment of section 24 as section 23, and new section 24

15. Sections 23 and 24 of the principal Act are repealed and the following sections substituted therefor:

“Use of Merlion symbol

23. Any person who, without the permission of the Board, uses the Merlion symbol, a representation of which is set out in Part I of the First Schedule, or a symbol or representation so nearly resembling the Merlion symbol as to cause confusion in relation to it, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.

Board’s symbol

24.—(1) The Board shall have the exclusive right to the use of the Board’s symbol a representation of which is set out in Part II of the First Schedule.

(2) Any person who, without the permission of the Board, uses the Board’s symbol, or a symbol or representation so nearly resembling the Board’s symbol as to cause confusion in relation to it, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.”.

Amendment of First Schedule

16. The First Schedule to the principal Act is amended —

(a)

by deleting the words “BOARD’S SYMBOL” and substituting the following words:

“MERLION SYMBOL”.

(b)

by inserting, immediately after Part I, the following Part:

“BOARD’S SYMBOL”.

Amendments to Tourist Promotion (Cess Collection) Act

17. The Tourist Promotion (Cess Collection) Act (Cap. 329) is amended —

(a)

by deleting the words “Singapore Tourist Promotion Board” in the long title and substituting the words “Singapore Tourism Board”;

(b)

by deleting the words “Tourist Promotion (Cess Collection) Act” in section 1 and substituting the words “Singapore Tourism (Cess Collection) Act”;

(c)

by deleting the definition of “Board” in section 2 and substituting the following definition:

“ “Board” means the Singapore Tourism Board established under section 3 of the Singapore Tourism Board Act and includes any agent duly appointed by the Board to act on its behalf;”.

(d)

by deleting the definition of “Director” in section 2 and substituting the following definition:

“ “Chief Executive” means the Chief Executive of the Board appointed under section 8 of the Singapore Tourism Board Act and includes any acting Chief Executive appointed under section 8(3) of the Singapore Tourism Board Act;”.

(e)

by deleting the definition of “Fund” in section 2 and substituting the following definition:

“ “Fund” means the Tourism Fund established under section 12 of the Singapore Tourism Board Act;”.

(f)

by deleting the word “Director” wherever it appears in sections 8 (and in the marginal note), 9, 14 and 22 and substituting in each case the words “Chief Executive”; and

(g)

by deleting the words “Tourist Promotion Board Act” in section 27 and substituting the words “Singapore Tourism Board Act”.

Amendments to Economic Development Board Act

18. The Economic Development Board Act (Cap. 85) is amended —

(a)

by deleting paragraph (g) ofthe definition of “business enterprise” in section 2 and substituting the following paragraph:

“(g)	the business of a tourism enterprise as defined in the Singapore Tourism Board Act;”.

(b)

by inserting, immediately after section 20, the following section:

“Application of sections 18, 19 and 20 to tourist enterprises

20A. Any reference to a business enterprise in sections 18, 19 and 20 shall be read as including a reference to a tourist enterprise as defined in the Tourist Promotion Board Act (Cap. 328) in force immediately before the commencement of the Tourist Promotion Board (Amendment) Act 1997.”.

Amendments to Industrial Relations Act

19. Section 25 of the Industrial Relations Act (Cap. 136) is amended —

(a)

by deleting the words “a tourist enterprise as defined in the Tourist Promotion Board Act” in subsection (3)(c) and substituting the words “a tourism enterprise as defined in the Singapore Tourism Board Act”; and

(b)

by inserting, immediately after subsection (4), the following subsection:

“(5) This section shall not apply to a tourism enterprise that commenced operation before the date of commencement of the Tourist Promotion Board (Amendment) Act 1997 unless it was a tourist enterprise as defined in the Tourist Promotion Board Act (Cap. 328) in force immediately before that date.”.

Transitional provisions

20.—(1) In any written law and in any document —

(a)	any reference to the Tourist Promotion Board Act shall be construed as a reference to the Singapore Tourism Board Act;
(b)	any reference to the Singapore Tourist Promotion Board shall be construed as a reference to the Singapore Tourism Board;
(c)	any reference to the Director of the Singapore Tourist Promotion Board shall be construed as a reference to the Chief Executive of the Singapore Tourism Board;
(d)	any reference to the Tourist Promotion Fund shall be construed as a reference to the Tourism Fund established under section 12 of the principal Act;
(e)	any reference to the Tourist Promotion (Cess Collection) Act shall be construed as a reference to the Singapore Tourism (Cess Collection) Act;
(f)	any reference to the Tourist Promotion (Licensing and Control of Tourist Guides) Regulations shall be construed as a reference to the Singapore Tourism (Licensing and Control of Tourist Guides) Regulations;
(g)	any reference to the Tourist Promotion (Associate Members) Regulations shall be construed as a reference to the Singapore Tourism (Associate Members) Regulations;
(h)	any reference to the Tourist Promotion Board Regulations shall be construed as a reference to the Singapore Tourism Board Regulations;
(i)	any reference to the Tourist Promotion (Cess Collection) Regulations shall be construed as a reference to the Singapore Tourism (Cess Collection) Regulations; and
(j)	any reference to the Tourist Promotion (Tourist Hotels, Tourist Food Establishments and Tourist Public Houses) Notification shall be construed as a reference to the Singapore Tourism (Tourist Hotels, Tourist Food Establishments and Tourist Public Houses) Notification.

(2) Nothing in section 15 of this Act shall affect any proceedings instituted under the repealed section 24 of the principal Act before the commencement of this Act and the repealed section 24 shall continue to apply to such proceedings as if this Act had not been enacted.

(3) Nothing in this section shall be taken as prejudicing section 16 of the Interpretation Act (Cap. 1).

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