Singapore Tourism Board Act 1963

Singapore Tourism Board
Act 1963

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act for the establishment of the Singapore Tourism Board and of the Tourism Fund, for the regulation of tourist guides and for matters connected therewith.

[7/2014]

[1 January 1964]

PART 1

PRELIMINARY

Short title

1.  This Act is the Singapore Tourism Board Act 1963.

Interpretation

2.  In this Act —

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

“berth slot” means a specific time on a specific date during which a ship may be berthed at a cruise terminal;

[Act 28 of 2022 wef 01/04/2023]

“berthing framework” means the requirements or framework established by the Controller to govern the ability of cruise terminal licensees to allocate or refuse to allocate at their respective cruise terminals any berth slot for any ship (whether or not a cruise ship) calling in Singapore, including any matter relating to —

(a) the prioritisation of berth slots at a cruise terminal, and the re-allocation of berth bookings between different cruise terminals;

(b) the requirements and processes for managing berth bookings;

(c) the rejection of berth bookings from a cruise line that has unpaid fees and charges payable to a cruise terminal licensee where the fees and charges are required to be imposed by the cruise terminal licensee under section 29P;

(d) the grant of any preferential berthing arrangement to any cruise line, and the conditions of the grant; and

(e) the use of facilities, resources or technology (such as a common berth booking system) shared between a cruise terminal licensee and —

(i) any other cruise terminal licensee; or

(ii) any public authority,

and includes any modification made for a particular cruise terminal licensee under section 29I(2)(d);

[Act 28 of 2022 wef 01/04/2023]

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

“business trust” has the meaning given by section 2 of the Business Trusts Act 2004;

[Act 28 of 2022 wef 01/04/2023]

“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);

“company” has the meaning given by section 4(1) of the Companies Act 1967;

[Act 28 of 2022 wef 01/04/2023]

“Controller” means the Controller of Cruise Administration appointed under section 29(1), and includes (except in section 29(2)) any Deputy Controller appointed under section 29(1);

[Act 28 of 2022 wef 01/04/2023]

“corporation” has the meaning given by section 4(1) of the Companies Act 1967;

[Act 28 of 2022 wef 01/04/2023]

“cruise line” means any entity offering the services of and operating one or more cruise ships;

[Act 28 of 2022 wef 01/04/2023]

“cruise port services and facilities” means the services and facilities provided at a cruise terminal connected with or incidental to —

(a) the berthing of cruise ships;

(b) the embarkation of passengers and crew onto a cruise ship and their departure from Singapore on board the cruise ship; and

(c) the disembarkation of passengers and crew from a cruise ship and their entry into Singapore from the cruise ship,

including the services and facilities for any of the following:

(d) the provisioning of cruise ships while berthed;

(e) the checking-in and screening of the passengers and crew, and the handling, screening and storage of baggage and cargoes;

(f) the operation of customs, immigration and quarantine checks and control;

(g) the movement of the passengers, crew and other persons on and off cruise ships while berthed;

(h) the operation of security and police services;

(i) the maintenance and refueling of cruise ships while berthed, and waste disposal;

(j) the sale and collection of duty-free items or any other goods;

(k) the parking of vehicles, and other transport related services and facilities;

[Act 28 of 2022 wef 01/04/2023]

“cruise ship” means a ship that —

(a) is primarily used to provide voyages for on-board leisure or recreation, any part of which is on the high seas;

(b) has on-board accommodation, dining and other facilities for the purposes of on-board leisure or recreation; and

(c) has any other characteristic that the Minister may by notification in the Gazette declare, including any characteristic relating to or concerning one or more of the following:

(i) the tonnage of the ship;

(ii) the carrying capacity of the ship (whether in relation to passengers, crew or cargo);

(iii) the duration, routes and frequency of voyages undertaken by the ship;

(iv) the ports at which the ship calls on any voyage;

(v) the proportion which the area on the ship for any one or more leisure or recreational activities bears to the area on the ship for any one or more other leisure or recreational activities;

(vi) the primary purpose for which the ship undertakes any of its voyages,

but does not include —

(d) any ferry or similar ship used solely for the transport on the high seas of any or any combination of passengers, vehicles and cargoes; and

(e) any ship where the ship or any voyage undertaken by the ship has any characteristic that the Minister may by notification in the Gazette declare;

[Act 28 of 2022 wef 01/04/2023]

“cruise terminal” means any site comprising terminal buildings, berths, connecting roads and pedestrian walkways, and other associated infrastructure, for use principally in connection with —

(a) the berthing of cruise ships;

(b) the embarkation of passengers and crew onto a cruise ship and their departure from Singapore on board the cruise ship; and

(c) the disembarkation of passengers and crew from a cruise ship and their entry into Singapore from the cruise ship;

[Act 28 of 2022 wef 01/04/2023]

“cruise terminal licence” means a licence granted under section 29B, and includes a cruise terminal licence which a person is treated as having under section 29C pursuant to an in-principle approval;

[Act 28 of 2022 wef 01/04/2023]

“cruise terminal licensee”, in relation to a cruise terminal, means the holder of the cruise terminal licence for that cruise terminal, or the holder of an in-principle approval treated as a cruise terminal licence under section 29C for that cruise terminal;

[Act 28 of 2022 wef 01/04/2023]

“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);

“limited liability partnership” has the meaning given by section 4(1) of the Limited Liability Partnerships Act 2005;

[Act 28 of 2022 wef 01/04/2023]

“limited partnership” means a limited partnership registered under the Limited Partnerships Act 2008;

[Act 28 of 2022 wef 01/04/2023]

“Maritime and Port Authority of Singapore” means the Maritime and Port Authority of Singapore established under the Maritime and Port Authority of Singapore Act 1996;

[Act 28 of 2022 wef 01/04/2023]

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

“operate”, in relation to a cruise terminal, includes managing, maintaining or otherwise exercising control over the operation of, the cruise terminal;

[Act 28 of 2022 wef 01/04/2023]

“regulatory action” means —

(a) in relation to a licensee in Part 3A — any action in section 28(1) or (2) that the Board may take against the licensee; and

(b) in relation to a cruise terminal licensee in Part 3AA — any action in section 29G(1)(j) to (m) that the Controller may take against the licensee;

[Act 28 of 2022 wef 01/04/2023]

“ship” has the meaning given by section 2(1) of the Merchant Shipping Act 1995;

[Act 28 of 2022 wef 01/04/2023]

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

(a) any business which, either wholly or in part, provides national or international carriage for passengers;

[Act 28 of 2022 wef 01/01/2023]

(aa) any business which, either wholly or in part, operates any cruise terminal;

[Act 28 of 2022 wef 01/04/2023]

(b) any business which, either wholly or in part, provides or arranges services for visitors to Singapore by way of transport, accommodation, entertainment, wellness activities or events, dining, retail, tours or guides, whether or not such services are provided within or outside Singapore;

[Act 28 of 2022 wef 01/01/2023]

(c) any business which, either wholly or in part, promotes tourism in Singapore or distributes for the purpose of trade or retails tourism-related products;

[Act 28 of 2022 wef 01/01/2023]

(d) any other undertaking intended wholly or in part for the benefit of visitors to Singapore, or for the purpose of drawing visitors to Singapore, including any of the following:

(i) organising or conducting, or otherwise participating in, any convention, exhibition, show, fair or event (whether for business, entertainment, artistic or sporting pursuit, or otherwise);

(ii) managing or maintaining any museum, theme park or other attraction;

(iii) conducting any publicity campaign;

[Act 28 of 2022 wef 01/01/2023]

“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;

[7/2014; 5/2018]

[Act 28 of 2022 wef 01/04/2023]

“trustee-manager”, “unit” and “unitholder” have the meanings given by section 2 of the Business Trusts Act 2004;

[Act 28 of 2022 wef 01/04/2023]

“unregistered company” has the meaning given by section 245 of the Insolvency, Restructuring and Dissolution Act 2018.

[Act 28 of 2022 wef 01/04/2023]

PART 2

ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF BOARD

Establishment of Singapore Tourism Board

3.—(1)  A body called the Singapore Tourism Board is established in accordance with the provisions of this Act.

(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.

Chairperson of Board

4.—(1)  The Minister must appoint a person (other than the Chief Executive) as the Chairperson of the Board.

(2)  Subject to the provisions of this Act, the Chairperson holds office for the period and on the terms determined by the Minister, unless the appointment is earlier revoked by the Minister under section 5(7) or the person so appointed resigns during the person’s period of office.

[Act 28 of 2022 wef 01/01/2023]

Constitution of Board

5.—(1)  The Board consists of —

(a) the Chairperson;

(b) the Chief Executive; and

(c) at least 5 and not more than 12 other members to be appointed by the Minister.

[Act 28 of 2022 wef 01/01/2023]

(2)  A person appointed by the Minister as a member of the Board under subsection (1)(c) holds office for the period and on the terms determined by the Minister for that person, unless the person’s appointment is earlier revoked by the Minister under subsection (7) or the person resigns during the person’s period of office.

[Act 28 of 2022 wef 01/01/2023]

(3)  The Minister may appoint a member of the Board who is not the Chairperson or the Chief Executive, to be Deputy Chairperson of the Board.

[Act 28 of 2022 wef 01/01/2023]

(4)  The Deputy Chairperson has and may exercise all the functions and powers of the Chairperson in relation to a matter if —

(a) the Chairperson is unavailable; or

(b) the Chairperson is interested (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) in the matter.

[Act 28 of 2022 wef 01/01/2023]

(4A)  The Chairperson or Deputy Chairperson presiding at a meeting of the Board has an original as well as a casting vote.

[Act 28 of 2022 wef 01/01/2023]

(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.

(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.

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

Associate members

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

(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.

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

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

(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.

(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.

PART 3

FUNCTIONS, DUTIES AND POWERS OF BOARD

Functions of Board

7.—(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;

[Act 28 of 2022 wef 01/04/2023]

(ca) to create an economic regulatory framework to regulate persons operating cruise terminals with respect to any matter pertaining to the efficient, reliable and economical operation of cruise terminals, including (but not limited to) the following:

(i) berthing allocations at cruise terminals;

(ii) the price charged by such persons for any cruise port services and facilities;

(iii) the operational efficiency of, and the quality of the experience of users and visitors at, cruise terminals including through the timely and seamless delivery or provision of cruise port services and facilities;

[Act 28 of 2022 wef 01/04/2023]

(cb) to operate any cruise terminal in Singapore (including through an agent); and

[Act 28 of 2022 wef 01/04/2023]

(d) to exercise licensing and regulatory functions in respect of any tourism enterprises that the Board may determine.

(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.

(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.

Powers of Board

8.—(1)  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, whether such person, body, organisation or tourism enterprise is within or outside Singapore;

[Act 28 of 2022 wef 01/01/2023]

(b) to engage in, assist in or promote the improvement or development of facilities for visitors to Singapore and the experience of visitors in travelling to and while in Singapore (including by safeguarding the wellbeing of the visitors while in Singapore), and generally to develop and promote Singapore as a travel and tourist destination of quality, standing and repute;

[Act 28 of 2022 wef 01/01/2023]

(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 within or outside Singapore, providing services for visitors to Singapore;

[Act 28 of 2022 wef 01/01/2023]

(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;

[Act 28 of 2022 wef 01/01/2023]

(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 provide any grant or subsidy, any loan or advance, any stipend, or any other financial support to any person carrying on a tourism enterprise within or outside Singapore, on the conditions determined by the Board;

[Act 28 of 2022 wef 01/01/2023]

(ha) where a tourism enterprise undertakes any matter for any of the following purposes:

(i) to develop and promote Singapore as a travel and tourist destination;

(ii) to enhance the travel and tourism sector’s contribution to the Singapore economy,

(whether the tourism enterprise or matter is within or outside Singapore), with the approval of the Minister, to provide any guarantee, indemnity or other security for any obligation or liability of the tourism enterprise in connection with that matter;

[Act 28 of 2022 wef 01/01/2023]

(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 within or outside Singapore;

[Act 28 of 2022 wef 01/01/2023]

(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;

[Act 28 of 2022 wef 01/01/2023]

(ra) to collaborate with persons carrying on tourism enterprises or enter into partnerships or any other arrangements with them, whether any such person or tourism enterprise is within or outside Singapore;

[Act 28 of 2022 wef 01/01/2023]

(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;

[Act 28 of 2022 wef 01/01/2023]

(sa) to collect, compile and analyse information, and commission surveys, research or studies relating to its functions;

[Act 28 of 2022 wef 01/01/2023]

(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.

[45/2004]

[Act 28 of 2022 wef 01/01/2023]

(2)  Any financial support provided by the Board pursuant to subsection (1)(h) may include a requirement for the repayment of the whole or any part of the financial support (whether or not with interest) if the person fails to comply with or satisfy any condition of the financial support, and the Board may sue for the repayment of the financial support with, as may be applicable, any interest, as a debt due to the Board.

[Act 28 of 2022 wef 01/01/2023]

Directions by Minister

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

[5/2018]

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

Chief Executive

10.—(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.

[5/2018]

(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.

[5/2018]

Appointment of officers and employees

11.—(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.

[5/2018]

(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.

[7/2014]

(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.

[7/2014]

Ineligibility for employment as officers or employees

12.—(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.

(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.

Appointment of committees and delegation of powers

13.—(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.

(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.

(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.

Public servants

14.  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

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

Validity of acts, etc.

14A.—(1)  Despite section 33 of the Interpretation Act 1965, the exercise of any power or performance of any function of the Board by the Board is not affected merely because at the relevant time —

(a) there was a vacancy in the membership of the Board, including a vacancy arising from the failure to appoint a member;

(b) there was some defect or irregularity existing in the appointment or continuance in office of the individual purporting to be a member of the Board; or

(c) there was an irregularity in the Board’s decision-making procedure that does not affect the merits of the decision made.

(2)  The acts of an individual as a member of the Board are not affected merely because —

(a) there was some defect or irregularity existing in the appointment or continuance in office of the individual purporting to be a member of the Board; or

(b) in the case of an individual acting in the capacity of the Chairperson, member or Chief Executive, the occasion for the individual so acting, or for his or her appointment, had not arisen or had ended.

[Act 28 of 2022 wef 01/01/2023]

Payments to Board

15.  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

[7/2014]

Issue of shares, etc.

16.  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

[5/2002]

Establishment and administration of Tourism Fund

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

(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

[7/2014]

Purposes of Fund

18.  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

[7/2014]

Protection of superannuation scheme

19.  The following provisions apply to any scheme established under any of the rules made under section 8(1)(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

[40/2019]

[Act 28 of 2022 wef 01/01/2023]

PART 3A

TOURIST GUIDES

Interpretation of this Part

20.—(1)  In this Part, unless the context otherwise requires —

“code of practice” includes a standard of performance;

“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;

“guiding services”, in relation to a tourist, includes providing any information, description or explanation to the tourist while accompanying the tourist in or to a place or point of interest in Singapore, but not if the information, description or explanation is a mere reference to the location of, or a location in or around, the place or point of interest;

[Act 28 of 2022 wef 01/01/2023]

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

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

“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;

“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;

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

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

“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.

[7/2014]

(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.

[7/2014]

(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

[7/2014]

Licence required to act as tourist guide, etc.

21.—(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.

[7/2014]

(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.

[7/2014]

(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.

[7/2014]

(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.

[7/2014]

(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

[7/2014]

Presumption of guiding services provided for remuneration

22.  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

[7/2014]

Tourist guide licence application

23.—(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.

[7/2014]

(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.

[7/2014]

(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.

[7/2014]

(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.

[7/2014]

(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

[7/2014]

Tourist guide licence

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

[7/2014]

(1A)  Without affecting subsection (1), a condition under subsection (1) may require the licensee to do or to refrain from doing any thing specified, or of a description specified, in the condition, including for the purpose of protecting the wellbeing of the licensee, any tourists guided by the licensee, or both, or otherwise in the public interest.

[Act 28 of 2022 wef 01/04/2023]

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

[7/2014]

(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.

[7/2014]

(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.

[7/2014]

(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

[7/2014]

Tourist guide badge

25.—(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.

[7/2014]

(2)  A licensee must —

(a) unless the Board otherwise allows, wear prominently on his or her person any tourist guide badge issued to the licensee that is not in an electronic form, at all times when he or she acts as a tourist guide; and

[Act 28 of 2022 wef 01/01/2023]

(b) produce his or her tourist guide badge for inspection upon being required to do so by the Board or an inspecting officer.

[7/2014]

(3)  Subject to subsection (3A), a person issued with a tourist guide badge under this section that is not in an electronic form must surrender that 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.

[7/2014]

[Act 28 of 2022 wef 01/01/2023]

(3A)  The Board may, instead of requiring a tourist guide badge that is not issued in an electronic form to be surrendered under subsection (3)(b) or (c), require the person to whom the badge was issued to destroy the badge in the manner specified by the Board, and the person must comply with the requirement.

[Act 28 of 2022 wef 01/01/2023]

(4)  Any person who fails to comply with subsection (3) or (3A) 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.

[7/2014]

[Act 28 of 2022 wef 01/01/2023]

(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.

[7/2014]

(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.

[7/2014]

(6A)  For the purposes of subsection (6)(b), where a tourist guide badge is issued in electronic form, a person sells the tourist guide badge if the person provides another person access to the tourist guide badge (in electronic form) for consideration.

[Act 28 of 2022 wef 01/01/2023]

(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

[7/2014]

Code of practice

26.—(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.

[7/2014]

(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.

[7/2014]

(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).

[7/2014]

(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.

[7/2014]

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

[7/2014]

(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.

[7/2014]

(7)  Any code of practice issued under this section is deemed not to be subsidiary legislation.

[19G

[7/2014]

Directions of Board

26A.—(1)  The Board may, if it thinks it necessary or expedient in the public interest (including for the purpose of protecting the wellbeing of the licensee, any tourists guided by the licensee, or both), give directions to the licensee to do or to refrain from doing any thing specified, or of a description specified, in the direction, and the licensee must comply with the direction.

(2)  Before issuing a direction under this section, the Board must, unless the Board considers that it is not practicable or desirable in the particular circumstances of the case, serve on the licensee to whom the direction is to be issued, written notice of the Board’s intention.

(3)  The written notice must —

(a) state the direction the Board intends to make and its effect; and

(b) specify the time (being at least 14 days after the date of service of the written notice on the person) within which any written representation may be given to the Board, or any representation by the licensee heard, with respect to the Board’s intention.

(4)  On considering any representation made by the licensee under subsection (3)(b), the Board may decide to —

(a) proceed as intended (including with any modification to the direction as the Board thinks fit); or

(b) not proceed as intended,

and must serve on the licensee written notice of the Board’s decision.

(5)  If no representation is made to the Board within the time mentioned in subsection (3)(b) or if any representation made under that provision is withdrawn, the Board may proceed as intended (including with any modification as the Board thinks fit) and must serve on the licensee written notice of the Board’s decision.

(6)  The licensee must comply with the direction served pursuant to a decision under subsection (4) or (5) in or within the time specified in the direction for compliance.

(7)  Where the licence of the licensee ceases to be in force after the direction is issued, the former licensee must still comply with the direction.

(8)  The licensee is not required to comply with the direction to the extent it is inconsistent with any requirement under any other written law.

(9)  Any person who fails to comply with a direction under subsection (1) 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 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.

[Act 28 of 2022 wef 01/04/2023]

Modification of directions, etc.

26B.—(1)  The Board may at any time vary, suspend or revoke the whole or any part of a direction issued to a licensee under section 26A.

(2)  Before varying, suspending or revoking a direction or part of a direction, the Board must serve on the licensee written notice of the Board’s intention, unless the Board considers that it is not practicable or desirable to do so in the particular circumstances of the case.

(3)  The written notice must —

(a) state the direction or part of the direction that the Board intends to vary, suspend or revoke, and (in the case of a variation) the effect of the variation; and

(b) specify the time (being at least 14 days after the date of service of the written notice on the licensee) within which any written representation may be given to the Board, or any representation by the licensee heard, with respect to the Board’s intention.

(4)  On considering any representation made by the licensee under subsection (3)(b), the Board may decide to —

(a) proceed as intended (including with any modification to the direction or part of the direction as the Board thinks fit); or

(b) not proceed as intended,

and must serve on the licensee written notice of the Board’s decision.

(5)  If no representation is made to the Board within the time mentioned in subsection (3)(b) or if any representation made under that provision is withdrawn, the Board may proceed as intended (including with any modification as the Board thinks fit) and must serve on the licensee written notice of the Board’s decision.

(6)  The variation, suspension or revocation takes effect at the time and date specified by the Board in the written notice of the Board’s decision.

[Act 28 of 2022 wef 01/04/2023]

27.  

[Repealed by Act 28 of 2022 wef 01/04/2023]

Suspension, revocation or cancellation of licence

28.—(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 (including as a result of an omission) in any material particular, or the licensee otherwise obtained his or her licence through fraud or misrepresentation;

[Act 28 of 2022 wef 01/04/2023]

(b) refuses or fails, without reasonable excuse, to comply with any requirement of the Board or an inspecting officer under section 32B(1);

[Act 28 of 2022 wef 01/04/2023]

(c) contravenes any provision of this Act or any regulations made under this Act;

(d) contravenes any condition of his or her licence;

(da) contravenes any direction issued by the Board to the licensee under section 26A or this section (as may be varied under section 26B or this section, as the case may be);

[Act 28 of 2022 wef 01/04/2023]

(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.

[7/2014]

(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 32B(1);

(b) contravenes any provision of this Act or any regulations made under this Act;

(c) contravenes any condition of his or her licence; or

(d) contravenes any direction issued by the Board to the licensee under section 26A or this section (as may be varied under section 26B or this section, as the case may be),

the Board may, instead of suspending or revoking his or her licence under subsection (1)(b), (c), (d) or (da) (as the case may be), do one or more of the following:

(e) issue any direction to the licensee to do or not to do anything specified in the direction;

(f) subject to subsection (3), require the licensee to pay a financial penalty of an amount not exceeding $1,000 by a date that the Board may determine;

(g) debar the licensee from applying for the grant or renewal of any licence for a period specified by the Board.

[Act 28 of 2022 wef 01/04/2023]

(3)  Subsection (2)(f) 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.

[7/2014]

[Act 28 of 2022 wef 01/04/2023]

(4)  Where the Board intends to take any regulatory action under subsection (1) or (2) against a licensee, the Board must serve the licensee written notice of the Board’s intention, unless the Board considers that it is not practicable or desirable in the particular circumstances of the case to do so.

[Act 28 of 2022 wef 01/04/2023]

(4A)  The written notice must specify —

(a) the regulatory action that the Board intends to take against the licensee;

(b) the ground or grounds in subsection (1) or (2) (as the case may be) on which the Board intends to rely; and

(c) the time (being at least 14 days after the date of service of the written notice on the licensee) within which any written representation may be given to the Board, or any representation by the licensee heard, with respect to the Board’s intention.

[Act 28 of 2022 wef 01/04/2023]

(4B)  On considering any representation made by the licensee under subsection (4A)(c), the Board may decide to —

(a) proceed with the intended regulatory action (including with any modification as the Board thinks fit); or

(b) not proceed with the intended regulatory action or proceed with a different regulatory action,

and must serve on the licensee written notice of the Board’s decision.

[Act 28 of 2022 wef 01/04/2023]

(4C)  If no representation is made to the Board within the time mentioned in subsection (4A)(c) or if any representation made under that provision is withdrawn, the Board —

(a) may decide to proceed as intended (including with any modification as the Board thinks fit), or may decide not to proceed; and

(b) must serve on the licensee written notice of the Board’s decision.

[Act 28 of 2022 wef 01/04/2023]

(5)  The Board’s decision mentioned in subsection (4B) or (4C) (as the case may be) does not take effect until —

(a) the expiry of the period allowed under section 42A for the licensee to appeal to the Minister against the decision; and

(b) if an appeal is made in the period allowed under section 42A for the licensee to appeal —

(i) the determination or rejection of the appeal by the Minister or his or her designate under section 42A; or

(ii) (if the appeal is withdrawn) the withdrawal of the appeal.

[Act 28 of 2022 wef 01/04/2023]

(5A)  The suspension or revocation of any licence under this section does not affect the enforcement by any person of any right or claim against the licensee or former licensee, or by the licensee or former licensee of any right or claim against any person.

[Act 28 of 2022 wef 01/04/2023]

(5B)  If the written notice under subsection (4) is served on the licensee before the expiry of his or her licence and the licence expires before the Board can —

(a) make a determination whether one or more of the grounds in subsection (1) or (2) mentioned in the written notice under subsection (4A)(b) are satisfied; or

(b) (if the Board has made such a determination) take any regulatory action under subsection (1) or (2) (whether or not mentioned in that written notice under subsection (4A)(a)),

this section continues to apply and the Board may, at any time after the expiry —

(c) continue to make such determination or take regulatory action under subsection (2) or both (as may be appropriate) in relation to the former licensee; or

(d) not continue with any further action under this section.

[Act 28 of 2022 wef 01/04/2023]

(5C)  For the purpose of subsection (5B), a licence expires when any of the following occurs:

(a) its period of validity ends;

(b) it is revoked under subsection (1) (read with subsection (5));

(c) it is cancelled under subsection (6).

[Act 28 of 2022 wef 01/04/2023]

(5D)  To avoid doubt and without affecting section 23(2), a determination under subsection (5B) is a relevant consideration for the purpose of any application that the former licensee may subsequently make under section 23.

[Act 28 of 2022 wef 01/04/2023]

(5E)  Where regulatory action taken under this section is the issue of a direction under subsection (2)(e), the Board may at any time vary, suspend or revoke the whole or any part of the direction, and section 26B applies in relation to such variation, suspension or revocation as if the direction in question were a direction issued under section 26A.

[Act 28 of 2022 wef 01/04/2023]

(5F)  For the purposes of subsection (5E), references in section 26B to a licensee include a former licensee.

[Act 28 of 2022 wef 01/04/2023]

(6)  The Board may cancel a tourist guide licence at the request of the licensee.

[19I

[7/2014]