/akn/sg/act/act/1963/STBA

Singapore Tourism Board Act 1963

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Part 1

PRELIMINARY

Section 1

Short title

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This Act is the Singapore Tourism Board Act 1963.

Section 2

Interpretation

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Amended [7/2014; 5/2018]

In this Act —“associate member” means an associate member of the Board appointed under section 6;“Board” means the Singapore Tourism Board established under section 3;“Chairperson” means the Chairperson of the Board;“Chief Executive” means the Chief Executive of the Board, and includes any individual acting in that capacity;“committee member” means a member of any committee appointed under section 13(1);“financial year” means a period of 12 months beginning on 1 April;“Fund” means the Tourism Fund established under section 17;“inspecting officer” means any person appointed as an inspecting officer under section 11(2);“member” means a member of the Board appointed under section 5;“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 Schedule; or(c)has any other characteristic that the Minister may, by notification in the Gazette, declare.

Definition

“associate member” means an associate member of the Board appointed under section 6;

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Definition

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

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Definition

“Chairperson” means the Chairperson of the Board;

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Definition

“Chief Executive” means the Chief Executive of the Board, and includes any individual acting in that capacity;

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Definition

“committee member” means a member of any committee appointed under section 13(1);

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Definition

“financial year” means a period of 12 months beginning on 1 April;

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Definition

“Fund” means the Tourism Fund established under section 17;

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Definition

“inspecting officer” means any person appointed as an inspecting officer under section 11(2);

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Definition

“member” means a member of the Board appointed under section 5;

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Definition

“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;

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Definition

“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 Schedule; or(c)has any other characteristic that the Minister may, by notification in the Gazette, declare.

Amended [7/2014; 5/2018]
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Part 2

ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF BOARD

(1)

A body called the Singapore Tourism Board is established in accordance with the provisions of this Act.

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(2)

The Board is a body corporate with perpetual succession and a common seal with power, subject to the provisions of this Act —

(a)

to acquire and dispose of property, both movable and immovable;

(b)

to sue and be sued in its corporate name; and(c)to perform such other acts as bodies corporate may by law perform.

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Section 4

Chairperson of Board

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The Minister must appoint a Chairperson of the Board who, subject to the provisions of this Act, is to hold office for such period and on such terms as the Minister may determine.

(1)

The Board consists of —

(a)

the Chairperson;

(b)

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

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(2)

The members of the Board appointed by the Minister under subsection (1)(c) hold office, unless their appointment is revoked by the Minister under subsection (7) or they resign during their period of office, for a term of 3 years or for any shorter period that the Minister may in any case determine.

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(3)

The Minister may appoint a member of the Board to be Deputy Chairperson of the Board.

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(4)

The Deputy Chairperson may preside at meetings of the Board in the absence of the Chairperson.

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(5)

A member of the Board must not, in any meeting of the Board, participate in any discussion relating to, and must not vote in respect of, any contract, business or other matter in which he or she is interested, and if he or she does so his or her vote must not be counted.

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(6)

The members of the Board are to be paid out of the funds of the Board such salaries, fees or allowances as the Minister may determine.

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(7)

The Minister may at any time revoke the appointment of the Chairperson or of any other member of the Board.

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(1)

The Board may appoint a person carrying on any business in Singapore to be an associate member of the Board.

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(2)

An associate member must —

(a)

be granted an emblem and a certificate to be prescribed by the Board in recognition of his or her associate membership;

(b)

maintain high standards at all times in the conduct of his or her business for the promotion of the tourist trade in Singapore;

(c)

comply with all regulations made by the Board; and(d)pay to the Board any fee that the Board may prescribe.

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(3)

The Board may at any time revoke the appointment of a person as an associate member.

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(4)

A person who is not an associate member must not use the emblem and certificate mentioned in subsection (2)(a).

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(5)

A person must not use any emblem, title or description reasonably calculated to suggest that he or she is an associate member unless he or she is in fact an associate member.

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(6)

Any person who contravenes subsection (4) or (5) 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 2 years or to both.

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Part 3

FUNCTIONS, DUTIES AND POWERS OF BOARD

(1)

The functions of the Board are —

(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 any tourism enterprises that the Board may determine.

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(2)

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

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(3)

Nothing in this section is to be construed as imposing on the Board, directly or indirectly, any form of duty or liability enforceable by proceedings before any court.

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Section 8

Powers of Board

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Amended [45/2004]

Subject to this Act, the Board may carry on any activities that 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 coordinate the activities of persons providing services for visitors to Singapore;

(e)

to regulate standards to be maintained by any tourism enterprises that the Board may determine;

(f)

to license any class or classes of tourism enterprises that 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 any terms that 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 any scheme 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 its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965;

(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 any of the purposes of the Board that the Board may from time to time consider desirable; and(t)generally to do all matters and things that are incidental to or consequential upon the exercise of the Board’s powers or the discharge of its duties under this Act.

(1)

The Minister may give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018.

Amended [5/2018]
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(2)

The Board must provide the Minister with any information with respect to its property and activities that the Minister may require.

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Section 10

Chief Executive

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Amended [5/2018]Amended [5/2018]

(1)

There must be a Chief Executive of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.

Amended [5/2018]
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(2)

The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —

(a)

is absent from duty or Singapore; or(b)is, for any reason, unable to perform the duties of the office.

Amended [5/2018]
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Section 11

Appointment of officers and employees

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Amended [5/2018]Amended [7/2014]Amended [7/2014]

(1)

The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on any terms and conditions that it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.

Amended [5/2018]
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(2)

The Board may appoint, by name or office, from among —

(a)

public officers;

(b)

officers and employees of the Board;

(c)

officers and employees of a public authority; and(d)auxiliary police officers appointed under the Police Force Act 2004,any number of inspecting officers that is required for the purposes of this Act and any regulations made under this Act.

Amended [7/2014]
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(3)

In this section, “public authority” means any board, authority or agency established by or under any public Act to perform or discharge any public function.

Amended [7/2014]
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Section 12

Ineligibility for employment as officers or employees

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(1)

A person is not eligible for employment as an officer or employee of the Board if the person has, directly or indirectly, by himself or herself or his or her partner, any share or interest in any contract with, for or on behalf of the Board.

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(2)

Any officer or employee of the Board who has or acquires any share or interest mentioned in subsection (1) is liable in the discretion of the Board to summary dismissal without notice.

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Section 13

Appointment of committees and delegation of powers

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(1)

The Board may appoint from among its members or other persons who are not members any 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 those committees.

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(2)

The Board may, subject to any conditions or restrictions that it may impose, delegate to the Chairperson, 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 Chairperson, Chief Executive or committee (as the case may be) in the name and on behalf of the Board.

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(3)

The Board may, subject to any conditions or restrictions that 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 that member or employee in the name and on behalf of the Board.

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Section 14

Public servants

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Amended [7/2014; 47/2017; 5/2018]

All inspecting officers —

(a)

are deemed to be public servants for the purposes of the Penal Code 1871; and(b)in relation to their administration, assessment, collection or enforcement of payment of composition sums or financial penalties under any Act administered by the Board, are deemed to be public officers for the purposes of the Financial Procedure Act 1966, and section 20 of that Act applies to such persons even if they are not or were not in the employment of the Government.[13A

Section 15

Payments to Board

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Amended [7/2014]

For the purpose of enabling the Board to carry out its functions under this Act and any regulations made under this Act, the Minister may authorise the payment to the Board of such sums as the Minister may determine.[14

Section 16

Issue of shares, etc.

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Amended [5/2002]

As a consequence of —

(a)

the vesting of any property, rights or liabilities of the Government in the Board under this Act; or(b)any capital injection or other investment by the Government in the Board in accordance with any written law,the Board must issue such shares or other securities to the Minister for Finance as that Minister may direct.[14A

Section 17

Establishment and administration of Tourism Fund

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Amended [7/2014]

(1)

A fund called the Tourism Fund is established, which is, subject to the directions of the Minister, controlled and administered by the Board.

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(2)

Subject to sections 41(3) and 42(4), all moneys collected under this Act or any regulations made under this Act and all moneys received by the Board from any source must be paid into the Fund.[15

Amended [7/2014]
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Section 18

Purposes of Fund

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Amended [7/2014]

The Fund must be devoted to the following purposes:

(a)

the payment of the expenses of, or connected with, the administration of the Board; and(b)the payment of all expenses necessary for carrying out the purposes of this Act and any regulations made under this Act.[16

Section 19

Protection of superannuation scheme

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Amended [40/2019]

The following provisions apply to any scheme established under any of the rules made under section 8(l):

(a)

no assurance on the life of any contributor under any such scheme, and no moneys or other benefits payable under any such assurance, and no payment made under any such scheme to any person who has been employed by the Board, are assignable or transferable, or liable to be garnished, attached, sequestered or levied upon for or in respect of any debt or claim whatsoever, other than a debt due to the Board or to the Government;

(b)

no donation by the Board or contribution by its officers made under any such scheme and no interest thereon are assignable or transferable or liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatsoever, other than a debt due to the Board or to the Government;

(c)

no such donation, contribution or interest is subject to the debts of the contributor, nor may such donation, contribution or interest pass to the Official Assignee on the bankruptcy of the contributor, but, if the contributor is adjudicated a bankrupt or is declared insolvent by a court, such donation, contribution or interest is, subject to the provisions of this Act, deemed to be subject to a trust in favour of the persons entitled thereto on the death of the contributor;

(d)

the bankruptcy of a contributor does not affect the making of deductions from the salary of the contributor in accordance with any such scheme, but such deductions must continue to be made despite the provisions of any written law, and the portion of salary so deducted is not to be deemed to form part of his or her after‑acquired property;

(e)

subject to the provisions of any such scheme, all moneys paid or payable under any such scheme on the death of a contributor are deemed to be subject to a trust in favour of the persons entitled thereto under the will or intestacy of such deceased contributor, or under a nomination in such form as may be prescribed in such scheme, and are not to be deemed to form part of his or her estate or be subject to the payment of his or her debts but are deemed to be property passing on his or her death for the purposes of the Estate Duty Act 1929;

(f)

any contributor may by a memorandum under his or her hand appoint a trustee or trustees of the moneys payable on his or her death out of any such scheme and may make provision for the appointment of a new trustee or new trustees of such moneys and for the investment thereof; such memorandum must be in the form prescribed in such scheme and must be deposited with the Board;

(g)

if at the time of the death of any contributor or at any time afterwards, there is no trustee of such moneys or it is expedient to appoint a new trustee or new trustees, then and in any such case a trustee or trustees or a new trustee or new trustees may be appointed by the General Division of the High Court;

(h)

the receipt of a trustee or trustees duly appointed, or in default of any such appointment and of written notice thereof to the Board, the receipt of the legal personal representative of a deceased contributor is a discharge to the Board for any moneys payable on his or her death out of any such scheme.[17

Part 3A

TOURIST GUIDES

Section 20

Interpretation of this Part

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Amended [7/2014]Amended [7/2014]Amended [7/2014]

(1)

In this Part, unless the context otherwise requires —

Amended [7/2014]
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Definition

“code of practice” includes a standard of performance;

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Definition

“false tourist guide badge” means —

(a)

a forged tourist guide badge;

(b)

a tourist guide badge altered without lawful authority; or(c)a tourist guide badge in respect of an expired, or a cancelled, revoked or suspended, licence;

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Definition

“guiding services”, in relation to a tourist, includes providing any direction, information, description or explanation to the tourist while accompanying the tourist in or to a place or point of interest in Singapore;

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Definition

“licence” or “tourist guide licence” means a licence granted or renewed under section 23(4)(a);

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Definition

“licensee” means a person who is granted a licence, or whose licence is renewed, under section 23(4)(a);

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Definition

“omnibus” means a bus which is on a scheduled service with passengers being charged separate and distinct fares, and in respect of which a public service vehicle licence is in force under Part 5 of the Road Traffic Act 1961 to use the bus as an omnibus;

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Definition

“tourist” means an individual who visits Singapore for recreation, pleasure, business or any other purpose, but does not include —

(a)

a citizen or permanent resident of Singapore;

(b)

an individual to whom a work pass is issued under section 7 of the Employment of Foreign Manpower Act 1990;

(c)

an individual to whom a dependant’s pass, student’s pass or special pass is issued under regulation 11, 14 or 15, respectively, of the Immigration Regulations;

(d)

an individual to whom a visit pass valid for more than 90 days is issued under regulation 12 of the Immigration Regulations; or(e)an individual to whom any other pass, that the Minister may by order in the Gazette specify, is issued under the Immigration Act 1959 or any regulations made under that Act;

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Definition

“tourist guide” means an individual who personally provides any guiding services to a tourist for remuneration;

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Definition

“tourist guide badge” means a badge issued to a licensee under section 25(1);

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Definition

“unlicensed tourist guide” means a tourist guide who does not hold a valid tourist guide licence and who is not exempt from section 21(1) by reason of section 21(2) or under section 43.

Amended [7/2014]
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(2)

For the purposes of the definition of “tourist guide”, an individual provides guiding services to a tourist for remuneration if the individual receives or reasonably expects to receive any payment for providing the guiding services, regardless of who makes or is liable to make the payment or where or when the payment is or will be made.

Amended [7/2014]
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(3)

For the purposes of the definition of “unlicensed tourist guide” and section 21(1), a person whose tourist guide licence is suspended is, while the suspension is in force, deemed to be a person who does not hold a valid tourist guide licence.[19A

Amended [7/2014]
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Section 21

Licence required to act as tourist guide, etc.

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Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]

(1)

Subject to subsection (2), an individual must not —

(a)

act as a tourist guide; or(b)offer to act as a tourist guide, or advertise in any way that he or she is or is willing to act as a tourist guide,unless he or she holds a valid tourist guide licence.

Amended [7/2014]
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(2)

The prohibition in subsection (1) does not apply to —

(a)

the owner or operator of a place or point of interest who himself or herself guides tourists at that place or point; or(b)any person who is employed or engaged, or whose services are otherwise used, by the owner or operator of a place or point of interest to guide tourists at that place or point.

Amended [7/2014]
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(3)

Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent offence, to a fine not exceeding $10,000.

Amended [7/2014]
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(4)

Any person who, directly or indirectly, employs, engages or otherwise uses the services of an unlicensed tourist guide —

(a)

whom the person knows or ought reasonably to know is an unlicensed tourist guide; or(b)with reckless disregard as to whether the tourist guide is an unlicensed tourist guide,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent offence, to a fine not exceeding $10,000.

Amended [7/2014]
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(5)

Any person who abets the commission of an offence under subsection (3) or (4) shall be guilty of that offence and shall be liable on conviction to be punished with the punishment provided for that offence.[19B

Amended [7/2014]
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Section 22

Presumption of guiding services provided for remuneration

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Amended [7/2014]

An individual who provides any guiding services to 8 or more tourists is presumed, unless the contrary is proved, to have provided the guiding services for remuneration if, at the time, or within a reasonable time before or after, the guiding services are provided, the tourists and the individual are, have been or will be conveyed (as the case may be) in a motor vehicle (other than an omnibus).[19C

Section 23

Tourist guide licence application

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Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]

(1)

Any person who desires to apply for or renew a tourist guide licence —

(a)

must apply to the Board in such form and manner as the Board may require; and(b)in the case of an application to renew a licence, must submit the application to the Board within such period before the expiry of the licence as the Board may specify.

Amended [7/2014]
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(2)

In considering an application under subsection (1), the Board may require the applicant to satisfy such criteria and requirements as the Board may publish, from time to time, on any website that may be prescribed.

Amended [7/2014]
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(3)

For the purposes of subsection (2), the Board may administer, on its own or in collaboration with any other person, such proficiency tests, or training or certification programmes, as it considers appropriate.

Amended [7/2014]
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(4)

Upon considering an application received under subsection (1), the Board may —

(a)

grant or renew a licence (as the case may be) for such duration as the Board may specify; or(b)refuse the application.

Amended [7/2014]
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(5)

The Board must, before refusing an application to renew a licence, give the applicant written notice of its intention to do so and an opportunity to submit reasons, within the period that the Board may specify in that notice, as to why the application should not be refused.[19D

Amended [7/2014]
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Section 24

Tourist guide licence

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Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]

(1)

A licence granted or renewed under section 23(4)(a) is subject to any conditions that the Board may specify.

Amended [7/2014]
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(2)

The Board may, at any time, vary or revoke any of the conditions of a licence or impose new conditions.

Amended [7/2014]
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(3)

The conditions of a licence may include the assignment to the licensee of such description or classification as a tourist guide as the Board considers appropriate to —

(a)

denote the licensee’s qualifications, proficiency, experience or any other attribute as a tourist guide; or(b)define or circumscribe the type of guiding services the licensee is authorised to provide under the licence.

Amended [7/2014]
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(4)

The Board must, before altering any description or classification of a licensee as a tourist guide under this section —

(a)

at the time of renewing his or her licence; or(b)at any time during the duration of his or her licence,in a manner that is to the disadvantage of the licensee, give the licensee written notice of its intention to do so and an opportunity to submit reasons, within the period that the Board may specify in that notice, as to why such alteration should not be made.

Amended [7/2014]
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(5)

For the purposes of subsection (4), a reference to a licensee includes a reference to a person who applies to renew his or her licence.[19E

Amended [7/2014]
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Section 25

Tourist guide badge

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Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]

(1)

Upon granting or renewing a licence under section 23(4)(a), the Board must issue the licensee with a tourist guide badge representing that he or she is the holder of that licence.

Amended [7/2014]
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(2)

A licensee must —

(a)

wear his or her tourist guide badge prominently on his or her person at all times when he or she acts as a tourist guide; and(b)produce his or her tourist guide badge for inspection upon being required to do so by the Board or an inspecting officer.

Amended [7/2014]
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(3)

A person issued with a tourist guide badge under this section must surrender his or her badge to the Board immediately upon —

(a)

being required to do so for the purpose of enabling the Board to make any alteration to the badge that the Board considers appropriate;

(b)

the expiry, cancellation, revocation or suspension of his or her tourist guide licence in respect of which the badge was issued; or(c)ceasing to be employed as, or engage in the business or provision of services of, a tourist guide, even though he or she holds a valid tourist guide licence.

Amended [7/2014]
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(4)

Any person who fails to comply with subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction.

Amended [7/2014]
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(5)

Any person issued with a tourist guide badge under this section who —

(a)

causes or permits his or her tourist guide badge to be in the possession of any other person; and(b)knows or ought reasonably to know that, or is reckless as to whether, the badge is or will be used by the other person in connection with identification or acting as a tourist guide,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Amended [7/2014]
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(6)

Any person who —

(a)

alters without lawful authority or forges a tourist guide badge;

(b)

sells a tourist guide badge or a false tourist guide badge; or(c)in connection with identification or acting as a tourist guide, uses or has in the person’s possession a tourist guide badge which is not issued to the person by the Board or a false tourist guide badge,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Amended [7/2014]
Suggest a correction

(7)

The reference to a tourist guide badge in subsection (5) includes a reference to a tourist guide badge in respect of an expired, or a cancelled, revoked or suspended, licence.[19F

Amended [7/2014]
Suggest a correction

Section 26

Code of practice

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Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]

(1)

The Board may, from time to time, in connection with the provision of guiding services to tourists by licensees —

(a)

issue one or more codes of practice to apply to licensees or any class of licensees that the Board may specify in the codes of practice; and(b)amend or revoke any code of practice issued under this subsection.

Amended [7/2014]
Suggest a correction

(2)

Where a code of practice is issued, amended or revoked by the Board under subsection (1), the Board must —

(a)

publish a notice of the issue, amendment or revocation (as the case may be) in a manner that will secure adequate publicity for the issue, amendment or revocation;

(b)

specify the date of the issue, amendment or revocation (as the case may be) in the notice; and(c)ensure that the code of practice (including any amendment made to the code of practice) remains available for access or inspection by the licensees to whom it applies.

Amended [7/2014]
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(3)

Any issue, amendment or revocation of a code of practice under subsection (1) does not have any force or effect until the notice relating thereto has been published in accordance with subsection (2)(a) and (b).

Amended [7/2014]
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(4)

If any provision of any code of practice in force under this section is inconsistent with any provision of this Act or any regulations made under this Act, the provision in the code of practice does not, to the extent of the inconsistency, have effect.

Amended [7/2014]
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(5)

Subject to subsection (6), every licensee must comply with the codes of practice issued under this section which apply to the licensee.

Amended [7/2014]
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(6)

The Board may, either generally or for such time as the Board may specify, waive the application of any code of practice (or part thereof) issued under this section to any licensee or class of licensees.

Amended [7/2014]
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(7)

Any code of practice issued under this section is deemed not to be subsidiary legislation.[19G

Amended [7/2014]
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Section 27

Information, etc., to be provided by licensee

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Amended [7/2014]Amended [7/2014]

(1)

The Board or an inspecting officer may, for the purpose of ascertaining whether a licensee has complied with or is complying with any provision of this Act (or any regulations made under this Act) or any condition of his or her licence, require the licensee —

(a)

to provide any information within his or her knowledge; or(b)to produce for inspection any document or article in his or her possession, custody or control,relating to his or her tourist guide activities or services.

Amended [7/2014]
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(2)

The Board or the inspecting officer (as the case may be) may make copies of or retain any document or article produced under subsection (1)(b) for further inspection.[19H

Amended [7/2014]
Suggest a correction

Section 28

Suspension, revocation or cancellation of licence

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Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]

(1)

The Board may, at any time, suspend for a period not exceeding 6 months or a longer period that is prescribed in substitution, or revoke, a tourist guide licence if the licensee —

(a)

provides or causes to be provided to the Board or any inspecting officer any information (including information in connection with his or her application for or renewal of a licence) which is false or misleading in any material particular;

(b)

refuses or fails, without reasonable excuse, to comply with any requirement of the Board or an inspecting officer under section 27(1);

(c)

contravenes any provision of this Act or any regulations made under this Act;

(d)

contravenes any condition of his or her licence;

(e)

has committed any offence under any written law punishable with a term of imprisonment exceeding one month;

(f)

ceases to be, in the opinion of the Board, a fit and proper person; or(g)is incapable, by reason of illness, infirmity or any other cause, of acting as a tourist guide.

Amended [7/2014]
Suggest a correction

(2)

Subject to subsection (3), in the case where a licensee —

(a)

refuses or fails, without reasonable excuse, to comply with any requirement of the Board or an inspecting officer under section 27(1);

(b)

contravenes any provision of this Act or any regulations made under this Act; or(c)contravenes any condition of his or her licence,the Board may, instead of suspending or revoking his or her licence under subsection (1)(b), (c) or (d) (as the case may be) require the licensee to pay a financial penalty of an amount not exceeding $1,000, by a date that the Board may determine.

Amended [7/2014]
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(3)

Subsection (2) does not apply in respect of any contravention which is prescribed to be an offence under this Act or any regulations made under this Act.

Amended [7/2014]
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(4)

The Board must, before suspending or revoking a licence under subsection (1) or imposing a financial penalty under subsection (2), give the licensee written notice of its intention to do so and an opportunity to submit reasons, within the period that the Board may specify in that notice, as to why his or her licence should not be suspended or revoked or the financial penalty should not be imposed.

Amended [7/2014]
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(5)

Any decision of the Board to suspend or revoke a licence, or require the payment of a financial penalty, under this section does not take effect until —

(a)

the expiry of the period allowed under section 29 for the licensee to appeal to the Minister against the decision; or(b)the determination or rejection of the appeal by the Minister or his or her designate under section 29,whichever is the later.

Amended [7/2014]
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(6)

The Board may cancel a tourist guide licence at the request of the licensee.[19I

Amended [7/2014]
Suggest a correction

Section 29

Appeal to Minister

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Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]

(1)

The Minister may designate —

(a)

any Minister of State for his or her Ministry; or(b)any Parliamentary Secretary to his or her Ministry,to hear and determine any appeal under this section in place of the Minister.

Amended [7/2014]
Suggest a correction

(2)

Any person aggrieved by a decision of the Board —

(a)

refusing to grant him or her a licence, or renew his or her licence, under section 23(4)(b);

(b)

altering under section 24 the description or classification of the person as a tourist guide in a manner that is to his or her disadvantage;

(c)

suspending or revoking his or her licence under section 28(1); or(d)requiring him or her to pay a financial penalty under section 28(2),may appeal to the Minister within 14 days after notice of the decision is served on the person or any extended period that the Minister may allow in any particular case.

Amended [7/2014]
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(3)

An appeal against a decision under subsection (2) does not affect the operation of the decision or prevent the taking of any action to implement the decision unless otherwise provided in this Act or directed by the Minister in any particular case.

Amended [7/2014]
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(4)

Any person who makes an appeal to the Minister under subsection (2) must, within the period specified therein —

(a)

state the circumstances under which the appeal arises and the issues and grounds for the appeal; and(b)submit all relevant facts, evidence and arguments in respect of the appeal.

Amended [7/2014]
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(5)

Where an appeal has been made to the Minister under subsection (2), the Minister may require —

(a)

the appellant;

(b)

the Board; or(c)any person who is not a party to the appeal but appears to the Minister to have information that is relevant to the circumstances under which the appeal arises,to provide the Minister with any information that the Minister may require for the purpose of considering and determining the appeal; and any person so required to provide such information must provide it in such manner and within such period as the Minister may specify.

Amended [7/2014]
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(6)

The Minister may reject an appeal if the appellant fails to comply with subsection (4) or (5).

Amended [7/2014]
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(7)

The Minister may determine an appeal under subsection (2) from any decision of the Board by —

(a)

confirming, varying or reversing the decision; or(b)requiring the Board to reconsider its decision,and the decision of the Minister is final.

Amended [7/2014]
Suggest a correction

(8)

In this section, a reference to the Minister, in relation to an appeal, includes a reference to the Minister of State or Parliamentary Secretary designated under subsection (1) to hear and determine the appeal.[19J

Amended [7/2014]
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Part 3B

POWERS OF INSPECTING OFFICERS

Section 30

Interpretation of this Part

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Amended [7/2014]Amended [7/2014]

(1)

In this Part, unless the context otherwise requires —

Amended [7/2014]
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Definition

“premises” includes —

(a)

any building or structure, whether permanent or temporary;

(b)

any land, whether built on or not;

(c)

any place, whether open or enclosed, including any place situated underground or underwater;

(d)

any vehicle, vessel, train or aircraft; and(e)any part of any premises referred to in paragraphs (a) to (d);

Suggest a correction

Definition

“tourist guide” has the meaning given by section 20;

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Definition

“tourist guides regulations” means any regulations made under section 45 relating to tourist guides.

Amended [7/2014]
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(2)

A reference in this Part to —

(a)

any provision of Part 3A includes a reference to any provision of any tourist guides regulations; and(b)any offence under Part 3A includes a reference to any offence under any tourist guides regulations.[19K

Amended [7/2014]
Suggest a correction

Section 31

Power to inspect, search, etc.

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Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]

(1)

An inspecting officer has power to do all or any of the following:

(a)

enter and inspect, at any reasonable time, any premises if the inspecting officer has reasonable grounds to believe that any individual is acting as a tourist guide therein;

(b)

enter and search, at any reasonable time, any premises if the inspecting officer has reasonable grounds to believe that any individual is committing or has committed therein the offence under section 21(3) of acting as a tourist guide without a valid licence, and take possession or make copies of any thing found therein which the inspecting officer reasonably believes to be connected to the commission of the offence;

(c)

subject to subsections (3) and (4), search any individual found within any premises mentioned in paragraph (b) whom the inspecting officer reasonably believes to have committed an offence under Part 3A, and take possession or make copies of any thing found on that individual which the inspecting officer reasonably believes to be connected to the commission of the offence;

(d)

take such photographs, or audio or video recordings, as the inspecting officer thinks necessary of any premises mentioned in paragraph (a) or (b) (including anything therein), or of any individual whom the inspecting officer reasonably believes to be acquainted with the facts or circumstances of any alleged or suspected contravention of any provision of Part 3A.

Amended [7/2014]
Suggest a correction

(2)

The owner, occupier or operator of any premises mentioned in subsection (1)(a) or (b) must provide to an inspecting officer such assistance, cooperation or means required by the inspecting officer as is necessary for his or her entry into, and inspection or search of, the premises under subsection (1)(a) or (b).

Amended [7/2014]
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(3)

A woman must not be searched under subsection (1)(c) except by another woman with strict regard to decency.

Amended [7/2014]
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(4)

The power to take possession of any thing found on a person searched under subsection (1)(c) does not include necessary wearing apparel found on him or her.

Amended [7/2014]
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(5)

Any thing taken possession of by an inspecting officer under subsection (1)(b) or (c) or under section 33(6) —

(a)

must be placed in safe custody by the inspecting officer; and(b)unless ordered otherwise by a court, may be retained by the inspecting officer until the completion of any proceedings (including proceedings on appeal) in which it may be evidence.

Amended [7/2014]
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(6)

An inspecting officer may detain a person mentioned in subsection (1)(c) until the person and the premises in which the person is found have been searched.[19L

Amended [7/2014]
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Section 32

Power to require evidence as to identity, etc., and power to arrest

Suggest a correction
Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]

(1)

An inspecting officer may require any person whom the inspecting officer reasonably believes to have committed an offence under Part 3A to provide any evidence establishing, to the satisfaction of the inspecting officer, the person’s identity, nationality or residential address.

Amended [7/2014]
Suggest a correction

(2)

An inspecting officer may arrest without warrant any person who is required to provide any evidence under subsection (1) if —

(a)

the person fails to provide such evidence; or(b)the inspecting officer has reason to believe that any evidence provided by the person is false.

Amended [7/2014]
Suggest a correction

(3)

In making the arrest, the inspecting officer —

(a)

must touch or confine the body of the person to be arrested unless he or she submits to arrest by word or action; and(b)may use all reasonable means necessary to make the arrest if the person to be arrested forcibly resists or tries to evade arrest,and the person arrested must not be restrained more than is necessary to prevent his or her escape.

Amended [7/2014]
Suggest a correction

(4)

Any person arrested under subsection (2) must be brought to a police station as soon as reasonably practicable and may, if required by a police officer of or above the rank of sergeant, be released upon signing a bond, with or without surety, to appear before a Magistrate.

Amended [7/2014]
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(5)

If the person refuses or is unable to sign the bond as required, he or she must, within 24 hours of the arrest (excluding the time necessary for the journey to a Magistrate’s Court), be brought before a Magistrate’s Court.

Amended [7/2014]
Suggest a correction

(6)

The person who is brought before a Magistrate’s Court under subsection (5) may —

(a)

be ordered to be detained in custody until he or she can be tried; or(b)if so required by the Magistrate, be released upon signing a bond, with or without surety, to appear before a Magistrate’s Court.[19M

Amended [7/2014]
Suggest a correction

Section 33

Power to examine, secure attendance, etc.

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Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]

(1)

For the purposes of investigating any offence under this Act or any regulations made under this Act, an inspecting officer may do all or any of the following:

(a)

examine orally any person who appears to be acquainted with any of the facts or circumstances of the case —

(i)

whether before or after that person or anyone else is charged with an offence in connection with the case; and(ii)whether or not the person is to be called as a witness in any inquiry, trial or other proceeding in connection with the case;

(b)

issue a written notice requiring any person within the limits of Singapore, who appears to be acquainted with any of the facts or circumstances of the case, to attend before the inspecting officer, and that person must comply with the written notice;

(c)

require any person, whom the inspecting officer has reason to believe has any document or article in his or her possession, custody or control relevant to the investigation, to produce that document or article.

Amended [7/2014]
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(2)

Any person examined under this section is bound to state truly what he or she knows of the facts and circumstances of the case, except that he or she need not say anything that might expose him or her to a criminal charge, penalty or forfeiture.

Amended [7/2014]
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(3)

A statement made by any person examined under this section must —

(a)

be reduced to writing;

(b)

be read over to him or her;

(c)

if he or she does not understand English, be interpreted in a language that he or she understands; and(d)after correction (if necessary), be signed by him or her.

Amended [7/2014]
Suggest a correction

(4)

If any person fails to comply with a written notice issued to him or her by an inspecting officer under subsection (1)(b), the inspecting officer may report the failure to a Magistrate who may then, in his or her discretion, issue a warrant ordering the person to comply with the written notice.

Amended [7/2014]
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(5)

A person must not, without reasonable excuse, refuse to comply with any requirement made of him or her under subsection (1)(c) by an inspecting officer.

Amended [7/2014]
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(6)

Subject to section 31(5), an inspecting officer may take possession or make copies of any document or article produced to him or her under subsection (1)(c) for further investigation.[19N

Amended [7/2014]
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Section 34

Notice to attend court

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Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]

(1)

Where an inspecting officer has reasonable grounds to believe that a person has committed an offence under this Act or any regulations made under this Act, he or she may, in lieu of applying to a court for a summons under the Criminal Procedure Code 2010, immediately serve upon that person a prescribed notice, requiring that person to attend at the court described, at the time and on the date specified, in the notice.

Amended [7/2014]
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(2)

A duplicate of the notice must be prepared by the inspecting officer and, if so required by the court, produced to the court.

Amended [7/2014]
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(3)

The notice may be served on the person alleged to have committed the offence in the same manner as the service of a summons under section 116 of the Criminal Procedure Code 2010.

Amended [7/2014]
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(4)

Upon an accused person appearing before a court pursuant to the notice, the court is to take cognizance of the alleged offence and is to proceed as though he or she were produced before the court pursuant to a summons issued under section 153 of the Criminal Procedure Code 2010.

Amended [7/2014]
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(5)

If a person upon whom a notice has been served under subsection (1) fails to appear before a court in person or by counsel in accordance therewith, the court may, if satisfied that the notice was duly served, issue a warrant for the arrest of the person unless, in the case of an offence which may be compounded, that person has before that date been permitted to compound the offence.

Amended [7/2014]
Suggest a correction

(6)

Upon a person arrested pursuant to a warrant issued under subsection (5) being produced before a court, the court is to —

(a)

proceed as though the person were produced before it pursuant to a summons issued under section 153 of the Criminal Procedure Code 2010; and(b)at the conclusion of the proceedings, call upon the person to show cause why the person should not be punished for failing to attend in compliance with the notice served upon the person,and if cause is not shown, the court may order the person to pay a fine not exceeding $2,000 as the court thinks fit or may commit the person to prison for a term not exceeding 2 months.

Amended [7/2014]
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(7)

An officer of the Board authorised in that behalf by the Board may, at any time before the date specified in the notice under subsection (1), cancel the notice.[19O

Amended [7/2014]
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Part 4

MISCELLANEOUS PROVISIONS

Section 35

Obstructing officer of Board, etc.

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Amended [7/2014]

Any person who refuses to give access to, or obstructs, hinders or delays —

(a)

the Board or any of its members, officers or employees; or(b)an inspecting officer,in the discharge of the duties of, or the exercise of the powers of, the Board or any of those individuals under this Act or any regulations made under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.[20

Section 36

False or misleading information

Suggest a correction
Amended [7/2014]

Any person who, being required to make any statement or provide any information or document under this Act or any regulations made under this Act —

(a)

makes any statement or provides any information or document which is false or misleading in a material particular; and(b)knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.[21

Section 37

Protection from personal liability

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Amended [7/2014]Amended [7/2014]

(1)

No liability shall lie personally against any member, officer or employee of the Board, any committee member or any other person acting under the direction of the Board, or any inspecting officer, who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act or any other written law.

Amended [7/2014]
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(2)

Where the Board provides a service to the public whereby information is supplied to the public under any written law, neither any of its members, officers or employees nor any committee member or inspecting officer involved in the supply of that information shall be liable for any loss or damage suffered by any member of the public by reason of any error or omission of whatever nature appearing therein or however caused if the member, officer, employee, committee member or inspecting officer had acted in good faith, with reasonable care and in the ordinary course of the discharge of his or her duties.[22

Amended [7/2014]
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Section 38

Conduct of legal proceedings

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Amended [15/2010]

Proceedings in respect of any offence under the provisions of this Act or any regulations made under this Act may, with the authorisation of the Public Prosecutor, be conducted by any officer of the Board or any other person authorised in writing in that behalf by the Chief Executive.[23

Section 39

Use of Merlion symbol

Suggest a correction

Any person who, without the permission of the Board, uses the Merlion symbol, a representation of which is set out in Part 1 of the 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.[24

(1)

The Board has the exclusive right to the use of the Board’s symbol, a representation of which is set out in Part 2 of the Schedule.

Suggest a correction

(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.[25

Suggest a correction

Section 41

Composition of offences

Suggest a correction
Amended [7/2014]Amended [7/2014]Amended [7/2014]

(1)

The Chief Executive or any officer of the Board authorised by him or her may, in his or her discretion, compound any offence under this Act or any regulations made under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:

(a)

one half of the amount of the maximum fine that is prescribed for the offence;

(b)

$2,000.

Amended [7/2014]
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(2)

On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.

Amended [7/2014]
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(3)

All sums collected under this section must be paid into the Consolidated Fund.[25A

Amended [7/2014]
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Section 42

Recovery of financial penalties

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Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]

(1)

Any person who fails to pay a financial penalty by the date the person is required to do so under this Act is liable to pay, after that date, interest on the amount unpaid at the same rate as for a judgment debt.

Amended [7/2014]
Suggest a correction

(2)

Any financial penalty and any interest thereon payable by any person under this Act must be paid to the Board and is recoverable by the Board as a debt due to the Board from that person; and the person’s liability to pay is not affected by his or her tourist guide licence ceasing, for any reason, to be in force.

Amended [7/2014]
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(3)

The Board may, in any case it thinks fit, waive, remit or refund, wholly or in part, any financial penalty or any interest thereon payable under this Act.

Amended [7/2014]
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(4)

The Board must pay into the Consolidated Fund all financial penalties and interest thereon collected by the Board under this Act.

Amended [7/2014]
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(5)

In this section, “tourist guide licence” has the meaning given by section 20(1).[25B

Amended [7/2014]
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Section 43

General exemption

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Amended [7/2014]

The Board may, with the approval of the Minister, by order in the Gazette, exempt any person or class of persons from all or any of the provisions of this Act or any regulations made under this Act, subject to such conditions or restrictions as may be specified in the order.[25C

Section 44

Service of documents

Suggest a correction
Amended [7/2014]Amended [7/2014]Amended [7/2014]Amended [7/2014]

(1)

Subject to subsection (3), any notice or document required or authorised to be served under this Act or any regulations made under this Act may be served —

(a)

in the case of an individual —

(i)

by delivering it to the individual personally;

(ii)

by leaving it with an adult person apparently resident at, or by sending it by prepaid registered post to, the usual or last known address of the individual’s place of residence;

(iii)

by leaving it with an adult person apparently employed at, or by sending it by prepaid registered post to, the usual or last known address of the individual’s place of business;

(iv)

by affixing a copy of the notice in a conspicuous place at the usual or last known address of the individual’s place of residence or business;

(v)

by sending it by fax to the fax number used at the usual or last known address of the individual’s place of residence or business, or the last fax number given to the Board by the individual as the fax number for the service of documents on the individual; or(vi)by electronic communication, by sending an electronic communication of the document to the last email address given to the Board by the individual as the email address for the service of documents on the individual;

(b)

in the case of a partnership other than a limited liability partnership —

(i)

by delivering it to any one of the partners or the secretary or other like officer of the partnership;

(ii)

by leaving it at, or by sending it by prepaid registered post to, the principal or last known place of business of the partnership in Singapore;

(iii)

by sending it by fax to the fax number used at the principal or last known place of business of the partnership in Singapore; or(iv)by electronic communication, by sending an electronic communication of the document to the last email address given to the Board by the partnership as the email address for the service of documents on the partnership; and(c)in the case of a limited liability partnership or other body corporate, or an unincorporated association —

(i)

by delivering it to the secretary or other like officer of the body corporate or unincorporated association or, in the case of a limited liability partnership, the manager thereof;

(ii)

by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office of the limited liability partnership, body corporate or unincorporated association in Singapore;

(iii)

by sending it by fax to the fax number used at the registered office or principal office of the limited liability partnership, body corporate or unincorporated association in Singapore; or(iv)by electronic communication, by sending an electronic communication of the document to the last email address given to the Board by the limited liability partnership, body corporate or unincorporated association as the email address for the service of documents on the limited liability partnership, body corporate or unincorporated association.

Amended [7/2014]
Suggest a correction

(2)

Where any notice or other document required or authorised to be served under this Act or any regulations made under this Act —

(a)

is sent by fax to a fax number in accordance with subsection (1) — it is deemed to have been duly served on the person to whom it is addressed on the day of transmission, subject to receipt on the sending fax machine of a notification (by electronic or other means) of a successful transmission to the fax number;

(b)

is sent by electronic communication to an email address in accordance with subsection (1) — it is deemed to have been duly served on the person to whom it is addressed at the time of entering the information system addressed to the email address; and(c)is sent by prepaid registered post in accordance with subsection (1) — it is deemed to have been duly served on the person to whom it is addressed 2 days after the day the notice or document was posted, whether or not it is returned undelivered.

Amended [7/2014]
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(3)

Service of any notice or document under this Act or any regulations made under this Act on a person by electronic communication may be effected only if the person gives as part of the person’s address for service an email address.

Amended [7/2014]
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(4)

This section does not apply to notices and documents to be served in proceedings in court.[25D

Amended [7/2014]
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Section 45

Regulations

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Amended [7/2014]Amended [7/2014]Amended [7/2014]

(1)

The Board may, with the prior approval of the Minister, make regulations generally for carrying out the provisions of this Act.

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(2)

Without limiting subsection (1), the regulations may provide for —

(a)

the convening of meetings of the Board and the procedure to be followed at the meetings;

(b)

the appointment or establishment of committees of the members of the Board, and the co‑opting of persons other than members of the Board to those committees; (c)the manner in which documents, cheques and instruments of any description are to be signed or executed on behalf of the Board;

(d)

the fees and charges to be paid for any matter or thing to be done for the purposes of this Act or any regulations made under this Act, the interest payable upon any unpaid fee or charge, and the waiver, refund or remission, whether wholly or in part, of such fees, charges and interest;

(e)

the requirements, relating to tourist guides, to be complied with by the owner, operator or driver of any motor vehicle or class of motor vehicles conveying tourists into Singapore or to a place or point of interest in Singapore; and(f)matters required or permitted to be prescribed by this Act or which are necessary or expedient to give effect to this Act.

Amended [7/2014]
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(3)

Regulations made under this section —

(a)

may prescribe that any act or omission in contravention of any regulation shall be an offence;

(b)

may provide for the imposition of penalties not exceeding a fine of $5,000 for such offences; and(c)in the case of any licence granted under this Act, may provide that in addition to such fine, the penalty may extend to the cancellation or suspension of the licence.

Amended [7/2014]
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(4)

In this section, “tourist” and “tourist guide” have the meanings given by section 20.

Amended [7/2014]
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(5)

All regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette.[26

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Section 46

Winding up

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The Board or the Fund must not be wound up except by or under the authority of an Act.[27