PART II | 3.—(1) Subject to regulation 7, a dealer who manufactures, imports, lets for hire, sells, or offers or possesses for sale any registered equipment or telecommunication equipment set out in the First Schedule shall be deemed to have been granted a Dealer’s Class Licence under section 5 of the Act for that purpose. [S 478/2005 wef 21/07/2005] | (2) The holder of a Dealer’s Class Licence shall, in addition to any requirement imposed under these Regulations, comply with the conditions of that licence set out in the Second Schedule. |
| (3) The Authority may impose any condition in addition to those referred to in paragraph (2) and may vary or waive all or any of such conditions. |
| (4) The holder of a Dealer’s Class Licence shall, at his own expense, comply with the varied or additional conditions referred to in paragraph (3). |
| (5) Any holder of a Dealer’s Class Licence who is carrying on any business or trade as a dealer shall register with the Authority in such form and manner as the Authority may determine each of the premises under his control or occupation where he manufactures, imports, lets for hire, sells, or offers or possesses for sale any registered equipment or telecommunication equipment set out in the First Schedule. [S 478/2005 wef 21/07/2005] |
| (6) The Authority shall acknowledge the registration under paragraph (5) to the licensee and the acknowledgment shall be in such form as the Authority may determine. |
| (7) For the purposes of paragraph (5), the holder of a Dealer’s Class Licence shall submit in writing to the Authority such information as the Authority may require relating to his particulars and the description and scope of his dealings in telecommunication equipment. |
| (8) The holder of a Dealer’s Class Licence shall furnish the Authority with such specifications and information as the Authority may require on the types of telecommunication equipment manufactured, sold or to be manufactured or sold by him. |
| (9) [Deleted by S 210/2010 wef 15/04/2010] |
| (10) No person shall furnish any false, misleading or inaccurate information to the Authority under this regulation. |
| (11) A Dealer’s Class Licence shall remain valid unless it is cancelled in accordance with the provisions of the Act or these Regulations. [S 478/2005 wef 21/07/2005] |
(12) The Authority may cancel a Dealer’s Class Licence where the holder of such licence —| (a) | gives notice to the Authority in such form and manner as the Authority may determine that he has ceased to carry on any business or trade as a dealer; | | (b) | has ceased to carry on any business or trade as a dealer and the registration of the business under the Business Registration Act (Cap. 32, 2004 Revised Edition) (as in force before 3 January 2016) or the Business Names Registration Act 2014 is cancelled; or [S 589/2023 wef 01/09/2023] | | (c) | being a company incorporated under the Companies Act 1967 or a limited liability partnership registered under the Limited Liability Partnerships Act 2005, has gone into liquidation other than for the purpose of amalgamation or reconstruction. [S 478/2005 wef 21/07/2005] [S 589/2023 wef 31/12/2021] |
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| (13) A Dealer’s Class Licence held by a person who is not carrying on any business or trade as a dealer shall be deemed to be cancelled upon the expiry of 30 days after the day on which he ceases to sell or offer or possess for sale any registered equipment or telecommunication equipment set out in the First Schedule. [S 478/2005 wef 21/07/2005] |
(14) A cancellation of a Dealer’s Class Licence of a person shall not operate so as to —| (a) | prejudice any liability incurred by such person under these Regulations and any such liability may be enforced against him as if the cancellation had not taken place; or | | (b) | prevent such person from subsequently being deemed a holder of such licence under these Regulations. [S 478/2005 wef 21/07/2005] |
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| Dealer’s Individual Licence |
4.—(1) A dealer who wishes to manufacture, import, let for hire, sell, or offer or possess for sale any telecommunication equipment that is not —| (a) | [Deleted by S 478/2005 wef 21/07/2005] | | (b) | registered equipment; or | | (c) | telecommunication equipment set out in the First Schedule, |
| shall obtain a Dealer’s Individual Licence. |
| (2) Every application for a Dealer’s Individual Licence shall be made in such form and manner as the Authority may, from time to time, determine and shall be supported by such information as the Authority may require. |
| (3) No person shall furnish any false, misleading or inaccurate information for the purpose of obtaining a Dealer’s Individual Licence. |
| (4) The Authority shall notify the applicant as to whether his application is successful and the notification shall be in such form as the Authority may determine. |
| (5) Upon notification that his application is successful, the applicant shall pay to the Authority the fee referred to in regulation 10(1)(a) and the Authority shall, subject to regulation 7, grant a Dealer’s Individual Licence under section 5 of the Act to the applicant upon receipt of such payment. |
| (6) When granting a Dealer’s Individual Licence, the Authority shall specify the types of telecommunication equipment which the holder may manufacture, import, let for hire, sell, or offer or possess for sale. |
(7) It shall be a condition of a Dealer’s Individual Licence that the holder of a Dealer’s Individual Licence may only sell telecommunication equipment that is not registered equipment or telecommunication equipment set out in the First Schedule —| (a) | to another holder of a Dealer’s Individual Licence; or | | (b) | to a person, other than the holder of a Dealer’s Class Licence, for re-export and not for use in Singapore. [S 478/2005 wef 21/07/2005] |
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| (8) A dealer shall obtain a Dealer’s Individual Licence for each of the premises under his control or occupation where he manufactures, imports, lets for hire, sells, or offers or possesses for sale any telecommunication equipment referred to in paragraph (1). |
| (9) It shall be a condition of a Dealer’s Individual Licence that the holder of the licence shall notify the Authority of any change in his personal particulars specified in that licence within 14 days of such change. [S 210/2010 wef 15/04/2010] |
| (10) A Dealer’s Individual Licence shall be valid for such period as the Authority may determine unless revoked or suspended in accordance with the provisions of the Act and shall be subject to such conditions as the Authority thinks fit. |
| (11) The Authority may add to, vary or waive all or any of, the conditions referred to in paragraph (10) and the holder of a Dealer’s Individual Licence shall, at his own expense, comply with the varied or additional conditions. |
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| When holder of Dealer’s Individual Licence is holder of Dealer’s Class Licence |
| 5.—(1) The holder of a Dealer’s Individual Licence who manufactures, imports, lets for hire, sells, or offers or possesses for sale any registered equipment or telecommunication equipment set out in the First Schedule at premises other than those in respect of which he has obtained a Dealer’s Individual Licence shall be deemed to have been granted a Dealer’s Class Licence in respect of those other premises. [S 478/2005 wef 21/07/2005] | (2) The holder of a Dealer’s Individual Licence who manufactures, imports, lets for hire, sells, or offers or possesses for sale any registered equipment or telecommunication equipment set out in the First Schedule at the premises in respect of which he has obtained a Dealer’s Individual Licence shall not be deemed to be a holder of a Dealer’s Class Licence for such purpose in respect of those premises. [S 478/2005 wef 21/07/2005] |
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| Operation for demonstration purpose |
6.—(1) No person shall operate any telecommunication equipment for demonstration purposes unless he has obtained the prior approval of the Authority.| (2) It shall be a condition of every licence that a licensee shall not, except with the prior approval of the Authority, operate any telecommunication equipment for demonstration purposes. |
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| Restriction on grant of licence |
7. No person shall be granted a Dealer’s Individual Licence or be deemed to have been granted a Dealer’s Class Licence unless that person is —| (a) | a citizen of Singapore; | | (b) | a company incorporated under the Companies Act 1967; [S 589/2023 wef 31/12/2021] | | (ba) | a limited liability partnership registered under the Limited Liability Partnerships Act 2005; [S 478/2005 wef 21/07/2005] [S 589/2023 wef 31/12/2021] | | (c) | a person who carries on a business registered under the Business Names Registration Act 2014; or [S 589/2023 wef 01/09/2023] | | (d) | such other person as the Authority may, in its discretion, consider appropriate to hold such licence. |
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| Replacement of Dealer’s Individual Licence |
| 8. If the Authority is satisfied that any Dealer’s Individual Licence issued by it has been lost, destroyed or defaced, the Authority may, upon payment of a fee of $5 by the person whose Dealer’s Individual Licence is lost, destroyed or defaced, issue a replacement licence to such person. |
| Renewal of Dealer’s Individual Licence |
| 9. Every application for the renewal of a Dealer’s Individual Licence shall be in such form and manner as the Authority may require and accompanied by a renewal fee of $250. |
10.—(1) The fee payable for a Dealer’s Individual Licence shall be as follows:| (a) | $250 for the first 5 years or part thereof of that licence; and [S 210/2010 wef 15/04/2010] | | (b) | $250 for every subsequent period of 5 years or part thereof for the duration of that licence. [S 210/2010 wef 15/04/2010] |
| (2) The fee payable for a Dealer’s Class Licence held by any person who is carrying on any business or trade as a dealer shall be $50. [S 478/2005 wef 21/07/2005] |
(3) Payment of fees in respect of a Dealer’s Individual Licence shall be made —| (a) | in respect of a fee referred to in paragraph (1)(a), within 90 days of the notification under regulation 4(4) that the application for a Dealer’s Individual Licence is successful; and | | (b) | in respect of a fee referred to in paragraph (1)(b), on or before the commencement of the subsequent period of 5 years. [S 210/2010 wef 15/04/2010] |
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| (4) Payment of fees in respect of a Dealer’s Class Licence shall be made within 90 days of the date of the registration under regulation 3(5). [S 478/2005 wef 21/07/2005] |
(5) If any fee remains unpaid after the date by which such fee should have been paid as referred to in paragraph (3)(b), the following late payment fee shall be charged:| (a) | where the fee is paid after 7 days but before 15 days following the date by which such fee should have been paid, $10; | | (b) | where the fee is paid after 14 days but before 31 days following the date by which such fee should have been paid, $20; and | | (c) | where the fee is paid after 30 days following the date by which such fee should have been paid, $50. [S 478/2005 wef 21/07/2005] |
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| (6) It shall be a condition of a licence that the fee referred to in paragraph (1)(b) or (2), as the case may be, shall be paid in accordance with this regulation. |
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