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MEDIA DEVELOPMENT AUTHORITY OF SINGAPORE ACT (CHAPTER 172)

(Original Enactment: Act 34 of 2002)

REVISED EDITION 2003

(31st July 2003)

An Act to establish and incorporate the Media Development Authority of Singapore, to provide for its functions and powers, and for matters connected therewith.

[1st January 2003]

PART I - PRELIMINARYEdit

Short titleEdit

1.

This Act may be cited as the Media Development Authority of Singapore Act.

InterpretationEdit

2.

In this Act, unless the context otherwise requires — “Authority” means the Media Development Authority of Singapore established under section 3;

“Chairman” means the Chairman of the Authority and includes a temporary Chairman of the Authority;

“chief executive” means the chief executive of the Authority appointed under section 28 and includes any person acting in that capacity;

“code of practice” means any code of practice or standard of performance issued by the Authority under section 17(1);

“document” includes — (a) any map, plan, graph or drawing;

(b) any photograph;

(c) any label, marking or other writing which identifies or describes anything of which it forms a part, or to which it is attached by any means whatsoever;

(d) any disc, tape, sound-track or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom;

(e) any film (including microfilm), negative, tape, disc or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom;

and

(f) any paper or other material on which there are marks, impressions, figures, letters, symbols or perforations having a meaning for persons qualified to interpret them;

“information” includes information contained in an electronic record as defined in section 2 of the Electronic Transactions Act (Cap.

88);

“media” means — (a) any film as defined in section 2(1) of the Films Act (Cap.

107);

(b) any newspaper as defined in section 2 of the Newspaper and Printing Presses Act (Cap.

206);

(c) any broadcasting service as defined in section 2(1) of the Broadcasting Act (Cap.

28);

(d) any publication as defined in section 2 of the Undesirable Publications Act (Cap.

338);

and

(e) any other matter or thing as the Minister may, by order published in the Gazette, specify, and “media industry” and “media service” shall be construed accordingly;

“member”, in relation to the Authority, means a member of the Authority and includes a temporary member of the Authority;

“Singapore Broadcasting Authority” means the Singapore Broadcasting Authority established under the Singapore Broadcasting Authority Act (Cap.

297, 1995 Ed.) in force immediately before 1st January 2003;

“transferred agency” means any transferred agency specified in the second column of the Schedule;

“transferring body” means any transferring body specified in the first column of the Schedule.

PART II - ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF AUTHORITYEdit

Establishment and incorporation of Media Development Authority of SingaporeEdit

There is hereby established a body to be known as the Media Development Authority of Singapore which shall be a body corporate with perpetual succession and a common seal and shall, by that name, be capable of —

(a) suing and being sued;

(b) acquiring, owning, holding and developing, or disposing of property, both movable and immovable;

and

(c) doing and suffering all such other acts or things as a body corporate may lawfully do and suffer.

Common sealEdit

4.

(1) The Authority shall have a common seal and such seal may, from time to time, be broken, changed, altered or made anew as the Authority thinks fit.

(2) All deeds and other documents requiring the seal of the Authority shall be sealed with the common seal of the Authority.

(3) All instruments to which the common seal is affixed shall be signed by any 2 members generally or specially authorised by the Authority for the purpose or by one member and the chief executive.

(4) The Authority may, by resolution or otherwise in writing, appoint any officer of the Authority or any other agent either generally or in any particular case to execute or sign on behalf of the Authority any agreement or other instrument not under seal in relation to any matter coming within the powers of the Authority.

(5) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Authority affixed to any document and shall presume that it was duly affixed.

Membership of AuthorityEdit

(1) The Authority shall consist of — (a) a Chairman;

and

(b) not less than 5 but not more than 16 other members, all of whom shall be appointed by the Minister.

(2) The Minister may appoint the chief executive to be a member.

Chairman may delegate functionsEdit

The Chairman may, in writing, authorise any other member to exercise any power or perform any function conferred on the Chairman by or under this Act.

Term of office of membersEdit

(1) The Chairman and every other member shall hold office on such conditions and for such term, not exceeding 3 years, as the Minister shall specify in his appointment.

(2) Any member may at any time, by notice in writing to the Minister, resign from his office.

(3) The Minister may at any time revoke the appointment of any member as he considers necessary in the interest of the effective performance of the functions of the Authority under this Act, or in the public interest.

(4) If a member dies or resigns or has his appointment revoked, the Minister may appoint any person to fill the vacancy for the residue of the term for which the vacating member was appointed.

(5) The Authority shall pay to the Chairman and other members, out of the funds of the Authority, such salaries, fees and allowances as the Minister may, from time to time, determine.

Temporary Chairman, etc.Edit

(1) The Minister may appoint any person to be a temporary Chairman or temporary member during the temporary incapacity from illness or otherwise, or during the temporary absence from Singapore, of the Chairman or any member, as the case may be.

(2) The temporary Chairman or temporary member appointed under subsection (1) shall have all the powers and functions conferred on the Chairman or member, as the case may be, by or under this Act.

Meetings and proceedings of AuthorityEdit

(1) The quorum at every meeting of the Authority shall be one-third of the total number of members or 3 members, whichever is the higher.

(2) The Chairman shall preside at all meetings of the Authority and, in the absence of the Chairman, the members present shall elect one of their number to preside.

(3) All meetings of the Authority shall be held at such times and places as the Chairman may determine.

(4) All questions arising at any meeting shall be decided by a majority of votes of the members present and voting.

(5) At any meeting of the Authority, the Chairman shall have a deliberative vote and, in the case of an equality of votes, the Chairman or in his absence the member presiding shall have a casting vote.

(6) The validity of any proceedings of the Authority shall not be affected by any vacancy amongst its members or by any defect in the appointment of any member.

(7) Subject to the provisions of this Act, the Authority may regulate its own proceedings.

Disclosure of interest by membersEdit

(1) A member who is in any way, directly or indirectly, interested in a transaction or project of the Authority shall disclose the nature of his interest at a meeting of the Authority.

(2) The disclosure by a member of his interest shall be recorded in the minutes of the Authority and that member shall not take part in any deliberation of the Authority with respect to the transaction or project.

(3) For the purpose of determining whether there is a quorum, a member shall be treated as being present at a meeting notwithstanding that under subsection (2) he cannot vote or has withdrawn from the meeting.

(4) For the purposes of this section, a member whose spouse, parent, son, adopted son, daughter or adopted daughter has an interest in the transaction or project referred to in subsection (1) shall be deemed to be interested in such transaction or project.

PART III - FUNCTIONS, DUTIES AND POWERS OF AUTHORITYEdit

Functions and duties of AuthorityEdit

(1) Subject to the provisions of this Act, the functions and duties of the Authority shall be — (a) to exercise licensing and regulatory functions in respect of media services in Singapore, including the establishment of guidelines and standards relating to the content of media services, and any equipment or facility used in connection with the provision of media services;

(b) to encourage, promote and facilitate the development of the media industries in Singapore;

(c) to advise and make recommendations to the Government on matters, measures and regulations related to or connected with the media;

(d) to facilitate the provision of an adequate range of media services in Singapore which serve the interests of the general public;

(e) to maintain fair and efficient market conduct and effective competition in the media industries in Singapore or, in the absence of a competitive market, to prevent the misuse of monopoly or market power;

(f) to ensure that media services in Singapore are maintained at a high standard in all respects and, in particular, in respect of the quality, balance and range of subject-matter of their content;

(g) to encourage and regulate public service broadcast programming by broadcasting licensees under the Broadcasting Act (Cap.

28);

(h) to ensure that nothing is included in the content of any media service which is against public interest or order, or national harmony, or which offends against good taste or decency;

and

(i) to exercise any other function or duty conferred on the Authority by or under this Act, the Broadcasting Act (Cap. 28), the Films Act (Cap. 107), the Newspaper and Printing Presses Act (Cap. 206), the Undesirable Publications Act (Cap. 338) or any other written law.

(2) The Authority may undertake such other functions or duties as the Minister may assign to the Authority and, in so doing, the Authority shall be deemed to be fulfilling the purposes of this Act, and the provisions of this Act shall apply to the Authority in respect of such other functions or duties, as the case may be.

(3) Nothing in this section shall be construed as imposing on the Authority, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject.

Powers of AuthorityEdit

The Authority shall have power to do anything for the purpose of discharging its functions and duties under this Act or any other written law, or which is incidental or conducive to the discharge of those functions and duties and, in particular, may — (a) design and administer systems for the granting of licences, permits and approvals;

(b) determine the hours during which broadcasting services may be transmitted;

(c) conduct investigations relating to the granting of licences, permits and approvals;

(d) re-assign, from electromagnetic spectrum and satellite orbits assigned to the Authority by the Info-communications Development Authority of Singapore for the purpose of broadcasting, specific frequencies in such spectrum and satellite orbits to broadcasting licensees under the Broadcasting Act for the provision of broadcasting services in Singapore;

(e) charge fees for the issuance of any licence, permit or approval, and fees, charges or commissions for services rendered by the Authority or for the use of any facilities or equipment of the Authority;

(f) conduct or commission research into community attitudes on issues relating to media content, the state of public opinion concerning media content, and the effect of any media content published, shown or broadcast on the attitudes and behaviour of persons who read, watch or listen to them;

(g) conduct researches and investigations necessary for the improvement and development of media in Singapore;

(h) develop codes of practice relating to content or technical standards for media services or to standards of fair market conduct in any media industry, and monitor compliance with such codes;

(i) carry on such businesses and do such things as may arise out of the activities of the Authority or as may be necessary or expedient for the purpose of turning to account any property or rights of the Authority;

(j) incorporate companies for the purpose of performing things ancillary to its functions or duties;

(k) with the approval of the Minister, enter into joint ventures or partnerships with other media authorities, international agencies or private organisations for the purpose of promoting media services;

(l) enter into such contracts as may be necessary or expedient for the purpose of discharging its functions or duties;

(m) become a member or an affiliate of any international body, the functions or duties of which are similar to those of the Authority;

(n) acquire or dispose of, in accordance with the provisions of this Act, any property, whether movable or immovable, which the Authority thinks necessary or expedient for the purpose of carrying out its functions or duties;

(o) purchase, construct, reconstruct, install and maintain broadcasting apparatus, and all buildings and works used in connection therewith, for the purpose of carrying out its functions or duties;

(p) use all the property of the Authority, whether movable or immovable, in such manner as the Authority may think expedient, including the raising of loans by mortgaging property;

(q) receive grants, donations or contributions from any source, or raise funds by all lawful means, and apply such moneys for any of its functions or duties;

(r) provide training schemes, whether by itself or with the co-operation of other persons or bodies as the Authority thinks fit, for the officers and employees of the Authority and others concerned with media services;

(s) grant loans to any officer or employee of the Authority for such purposes specifically approved by the Authority as are likely to increase the efficiency of such officer or employee;

(t) grant or guarantee loans to any officer or employee of the Authority for the purchase of a house, land or a flat or for the renovation of a house or a flat for the use or occupation of the officer or employee and his family (if any);

(u) provide recreational facilities and promote recreational activities for, and activities conducive to, the welfare of officers and employees of the Authority;

(v) make provision for gratuities, pensions, allowances or other benefits for officers or employees, or former officers or employees, of the Authority or its predecessors;

(w) provide financial grant, aid or assistance to any person for all or any of the purposes of this Act or any other written law;

and

(x) do anything incidental or necessary to any of its functions, duties or powers under this Act or any other written law.

Directions by Minister 13.

(1) The Minister may give such directions, not inconsistent with the provisions of this Act, as to the performance of the functions and duties and the exercise of its powers by the Authority.

(2) The Authority shall give effect to any direction given under subsection (1).

CommitteesEdit

(1) The Authority may, from time to time, appoint, alter or discharge committees, consisting of one or more persons (whether members or not), and define or vary the terms of reference of those committees.

(2) Subject to the provisions of this Act and to the control of the Authority, each committee appointed under subsection (1) may regulate its procedure in such manner as the committee thinks fit.

Delegation of powersEdit

(1) The Authority may, from time to time, in respect of a specified matter or class of matters, delegate, by writing, to any member, officer or committee of the Authority any of its powers under this Act or under any other written law, except — (a) the power of delegation conferred by this section;

and

(b) the power to make any subsidiary legislation.

(2) Every member, officer or committee purporting to act pursuant to a delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

(3) A delegation under this section shall be revocable at will, and no delegated person shall prevent the exercise of any power, function or duty by the Authority.

PART IV - COMPETITIONEdit

Application of this PartEdit

(1) This Part shall apply to all individuals, whether resident in Singapore or not and whether citizens of Singapore or not, and to all bodies corporate or unincorporate, whether incorporated or carrying on business in Singapore or not.

(2) Nothing in this Part shall be construed to limit or in any way affect the operation of, or the exercise of any power by any person conferred by or under, any other written law.

(3) In this Part, “regulated person” means — (a) such person — (i) who is the proprietor of any newspaper as defined in section 2 of the Newspaper and Printing Presses Act (Cap.

206);

or

(ii) who holds any broadcasting licence granted under the Broadcasting Act (Cap. 28), whether before, on or after 1st January 2003;

or

(b) in the case of section 23, such newspaper company as defined in section 2 of the Newspaper and Printing Presses Act, as the Minister may, by notification in the Gazette, specify.

Codes of practiceEdit

(1) The Authority may, by publication in the Gazette, issue one or more codes of practice and standards of performance for all or any of the following purposes: (a) to enable and maintain fair market conduct in any media industry in Singapore;

(b) to safeguard the interests of consumers of media services and of the public generally;

(c) to provide guidance in relation to the operation of any provision of this Part;

(d) for the regulation of activities and conduct in any media industry, and for matters connected therewith;

(e) generally for carrying out the purposes and provisions of this Part and for the due administration thereof.

(2) A code of practice may, in particular — (a) specify the duties and obligations of any person in relation to his business operations in any media industry;

and

(b) provide for such fees or charges as may be payable to the Authority in relation to any application or request made to it.

(3) The Authority may, at any time, by publication in the Gazette, add to, vary or revoke any code of practice.

(4) The Authority may exempt, either generally or subject to such terms or conditions as the Authority may specify, any person from any provision in any code of practice.

Essential resourcesEdit

(1) Any person who owns or controls any essential resource shall comply with such conditions or obligations in relation to such essential resource as the Authority may specify in a code of practice.

(2) In subsection (1), “essential resource” means such apparatus, accessory, system, service, information or such other resource of any kind used or intended to be used in connection with the provision or delivery of any media service as the Authority may, by notification in the Gazette, specify.

Obligations of designated archive operatorsEdit

(1) The Authority may from time to time, by notification in the Gazette, specify one or more archive operators to be designated archive operators.

(2) Every designated archive operator shall comply with such conditions or obligations in relation to his archive of materials as the Authority may specify in a code of practice.

(3) In this section, “archive operator” means a person who — (a) owns or controls any archive of materials which were first published in Singapore whether before, on or after 1st January 2003;

and

(b) is a regulated person, or is otherwise related to a regulated person in such manner as the Authority may determine.

Agreements, etc.Edit

, preventing, restricting or distorting competition 20.

(1) Subject to section 22, agreements, decisions or concerted practices specified by the Authority in a code of practice which have as their object or effect the prevention, restriction or distortion of competition in, or in any part of, any media industry in Singapore are prohibited.

(2) Subsection (1) shall apply only if the agreement, decision or concerted practice is, or is intended to be, implemented in Singapore.

(3) Subject to section 22, any agreement or decision which is prohibited by subsection (1) is void.

(4) Subsection (1) shall apply to agreements, decisions and concerted practices implemented before, on or after 1st January 2003.

Abuse of dominant positionEdit

(1) Subject to section 22, any conduct on the part of one or more regulated persons which amounts to the abuse of a dominant position in, or in any part of, any media industry in Singapore is prohibited if it may affect the media industry within Singapore.

(2) A regulated person is in a dominant position when, in the opinion of the Authority, that regulated person is able to act without significant competitive restraint from its competitors.

(3) In considering whether a regulated person is in a dominant position, the Authority shall have regard to relevant matters including such matters as may be specified in a code of practice.

(4) For the purposes of this section, the Authority may, by notification in the Gazette, specify the regulated persons whom it considers to have a dominant or non-dominant position in, or in any part of, any media industry in Singapore.

ExemptionEdit

(1) The Authority may, on the application of any person or on its own initiative, grant an exemption from section 20(1) or 21(1) in relation to any agreement, decision, concerted practice or conduct.

(2) An exemption under subsection (1) — (a) may be granted subject to such conditions or obligations as the Authority considers appropriate;

(b) shall have effect for such period as the Authority considers appropriate;

and

(c) shall be in writing and sent by the Authority to the person to whom the exemption is granted.

(3) The Authority shall notify any applicant in writing of its decision under subsection (1) not to grant an exemption.

(4) An exemption under subsection (1) shall, unless previously revoked in accordance with the terms of such exemption or under subsection (5), continue in force for such period as is specified in such exemption.

(5) The Authority may, with the approval of the Minister, on the application of any person or on its own initiative — (a) extend the period for which an exemption granted under subsection (1) has effect or revoke the exemption;

(b) vary or remove any condition or obligation specified in an exemption;

or

(c) impose one or more additional conditions or obligations in an exemption.

ConsolidationsEdit

(1) No regulated person shall be merged or consolidated with, or taken over by — (a) any other regulated person;

or

(b) any other person (not being a regulated person) carrying on business in any media industry, without the prior written approval of the Authority.

(2) For the purposes of subsection (1), the Authority may specify in a code of practice the circumstances under which a regulated person would be considered to be merged or consolidated with, or taken over by, any other person.

Power to investigateEdit

The Authority may conduct an investigation if there are reasonable grounds for suspecting that any provision of this Part or of any code of practice has been infringed.

Decision following investigationEdit

Where, following an investigation conducted under section 24, the Authority considers that any provision of this Part or of any code of practice has been infringed and the Authority proposes to make a direction under section 26, the Authority shall — (a) give written notice to the person likely to be affected by such direction;

and

(b) give such person an opportunity to make representations to the Authority.

DirectionsEdit

(1) The Authority may give directions for or with respect to any provision of this Part or of any code of practice to be observed by any regulated person or other person.

(2) Subject to section 17(4) and without prejudice to the generality of subsection (1), if the Authority is satisfied that any person is infringing, likely to infringe or has infringed any provision of this Part or of any code of practice, the Authority may, in writing — (a) direct that person to comply with that provision or cease infringing that provision;

(b) specify any procedure or action to be observed or taken by that person;

(c) impose such other direction or restriction as the Authority considers appropriate;

(d) require that person to modify or terminate any agreement, decision or concerted practice;

(e) require that person to modify or cease any conduct in question;

and

(f) in addition to or in lieu of any of paragraphs (a) to (e), require that person to pay the Authority a financial penalty in respect of the infringement of an amount not exceeding $1 million.

(3) Any person who fails, without reasonable excuse, to comply with any direction given under subsection (1) or (2) shall be guilty of an offence.

Resolution of disputes and appealsEdit

(1) If any dispute (whether between regulated persons or otherwise) arises from one or more provisions of a code of practice, the dispute shall, where it is so provided in such provisions, be determined by the Authority on the application for that purpose by any aggrieved person to the Authority.

(2) Any person who is aggrieved by any act, direction or decision of the Authority under this Part may, within 14 days of the date on which he is notified thereof or such longer period as the Minister may allow, appeal to the Minister in the prescribed manner.

(3) Unless otherwise provided or allowed by the Minister, where an appeal is lodged under this section, the act, direction or decision appealed against shall be complied with until the determination of the appeal.

(4) The Minister may confirm, vary or reverse the act, direction or decision of the Authority or give such directions in the matter as he thinks fit.

(5) The decision of the Minister in any appeal shall be final.

PART V - PROVISIONS RELATING TO STAFFEdit

Appointment of chief executive and other staffEdit

(1) The Authority shall, with the approval of the Minister, appoint a chief executive on such terms and conditions as the Authority may determine.

(2) The chief executive — (a) shall be known by such designation as the Authority may determine;

(b) shall be responsible to the Authority for the proper administration and management of its functions and affairs in accordance with all policies laid down by the Authority;

and

(c) shall not be removed from office without the consent of the Minister.

(3) If the chief executive is temporarily absent from Singapore, or is temporarily unable to perform his duties by reason of illness or otherwise, another person may be appointed by the Authority, with the approval of the Minister, to act in the place of the chief executive during any such period of absence from duty.

(4) The Authority may, from time to time, appoint such other officers, employees, consultants or agents as it thinks fit for the effective performance of its functions.

Protection from liabilityEdit

No suit or other legal proceedings shall lie personally against any member, officer or employee of the Authority or other person acting under the direction of the Authority for anything which is in good faith done or intended to be done in the execution or purported execution of this Act or any other written law.

Public servantsEdit

All members, officers and employees of the Authority shall be deemed to be public servants for the purposes of the Penal Code (Cap.

224).

PART VI - FINANCIAL PROVISIONSEdit

Financial yearEdit

The financial year of the Authority shall begin on 1st April of each year and end on 31st March of the succeeding year except that the first financial year of the Authority shall begin on 1st January 2003 and end on 31st March of the succeeding year.

All moneys recovered to be paid to AuthorityEdit

All moneys recovered or charges or composition fines collected under this Act shall be paid into and form part of the moneys of the Authority.

GrantsEdit

For the purpose of enabling the Authority to carry out its functions under this Act, the Minister may, from time to time, make grants to the Authority of such sums of money, as the Minister may determine, out of moneys to be provided by Parliament.

Power to borrowEdit

For the discharge of its functions or duties under this Act or any other written law, the Authority may, from time to time, raise loans from the Government or, with the approval of the Minister for Finance, raise loans from banks or other financial institutions (whether in Singapore or elsewhere) by — (a) mortgage, overdraft or otherwise;

(b) charge, whether legal or equitable, on any property vested in the Authority or on any other revenue receivable by the Authority under this Act or any other written law;

or

(c) the creation and issue of debentures or bonds.

Issue of shares, etc.Edit

As a consequence of the vesting of any property, rights or liabilities of the Government in the Authority under this Act, or of any capital injection or other investment by the Government in the Authority in accordance with any written law, the Authority shall issue such shares or other securities to the Minister for Finance as that Minister may, from time to time, direct.

Bank accountsEdit

(1) The Authority shall open and maintain one or more accounts with such bank or banks as the Authority thinks fit.

(2) Every such account shall be operated by such person or persons as may, from time to time, be authorised in that behalf by the Authority.

Application of moneysEdit

The moneys of the Authority shall be applied only in payment or discharge of the expenses, obligations and liabilities of the Authority and in making any payment that the Authority is authorised or required to make.

Power of investmentEdit

The Authority may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act (Cap. 1).

AccountsEdit

The Authority shall keep proper accounts and records of its transactions and affairs and shall do all things necessary to ensure that — (a) all payments out of its moneys are correctly made and properly authorised;

and

(b) adequate control is maintained over the assets of, or in the custody of, the Authority and over the expenditure incurred by the Authority.

Audit of accountsEdit

(1) The accounts of the Authority shall be audited by the Auditor-General or such other auditor as may be appointed annually by the Minister in consultation with the Auditor-General (referred to in this Act as the auditor).

(2) A person shall not be qualified for appointment as an auditor under subsection (1) unless he is an approved company auditor under the Companies Act (Cap. 50).

(3) The Authority shall, as soon as practicable after the close of each financial year, prepare and submit financial statements in respect of that financial year to the auditor who shall audit and report on them.

(4) The auditor shall in his report state — (a) whether the financial statements show fairly the financial transactions and the state of affairs of the Authority;

(b) whether proper accounting and other records have been kept, including records of all assets of the Authority whether purchased, donated or otherwise;

(c) whether the receipts, expenditure and investment of moneys and the acquisition and disposal of assets by the Authority during the financial year were in accordance with the provisions of this Act;

and

(d) such other matters arising from the audit as the auditor considers necessary.

(5) The auditor shall, as soon as practicable after the accounts have been submitted for audit, send a report of his audit to the Authority.

(6) The auditor shall submit such periodical and special reports to the Minister and to the Authority as may appear to the auditor to be necessary or as the Minister or the Authority may require.

Powers of auditorEdit

(1) The auditor or any person authorised by him (referred to in this section as an authorised person) shall be entitled at all reasonable times to full and free access to all accounting and other records relating, directly or indirectly, to the financial transactions of the Authority.

(2) The auditor or an authorised person may make copies of, or extracts from, any such accounting or other records.

(3) The auditor or an authorised person may require any person to furnish him with such information which such person possesses or has access to as the auditor or authorised person considers necessary for the purpose of the functions of the auditor under this Act.

(4) Any person who fails, without reasonable excuse, to comply with any requirement of the auditor or authorised person under subsection (3) or who otherwise hinders, obstructs or delays the auditor or authorised person in the performance of his duties or the exercise of his powers under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part thereof during which the offence continues after conviction.

Presentation of financial statements and auditor’s report to ParliamentEdit

(1) The Authority shall, as soon as its accounts and financial statements have been audited in accordance with the provisions of this Act, send to the Minister a copy of the audited financial statements signed by the Chairman, together with a copy of the report made thereon by the auditor.

(2) Where the Auditor-General is not the auditor of the Authority, a copy of the audited financial statements and any report made thereon by the auditor shall be forwarded to the Auditor-General at the same time they are submitted to the Authority.

(3) The Minister shall, as soon as practicable, cause a copy of the audited financial statements and of the report referred to in subsection (1) to be presented to Parliament

PART VII: TRANSFER OF PROPERTY, ASSETS, LIABILITIES AND EMPLOYEESEdit

Transfer to Authority of property, assets and liabilitiesEdit

(1) As from 1st January 2003 — (a) all movable and immovable property vested in the transferring bodies and used or managed by the transferred agencies and all assets, interests, rights, privileges, liabilities and obligations relating to the transferred agencies;

and

(b) all movable and immovable property vested in the Singapore Broadcasting Authority and all assets, interests, rights, privileges, liabilities and obligations relating to the Singapore Broadcasting Authority, shall be transferred to and shall vest in the Authority without further assurance, act or deed.

(2) If any question arises as to whether any particular property, asset, interest, right, privilege, liability or obligation has been transferred to or vested in the Authority under subsection (1), a certificate under the hand of the Minister for Finance shall be conclusive evidence that the property, asset, interest, right, privilege, liability or obligation was or was not so transferred or vested.

(3) Any immovable property to be transferred to and vested in the Authority under subsection (1) shall be held by the Authority upon such tenure and subject to such terms and conditions as the President may determine.

(4) All proceedings in respect of the transferred properties by or against a transferring body or the Singapore Broadcasting Authority which are pending on 1st January 2003 may be continued, completed and enforced by or against the Authority.

(5) Every agreement relating to any of the transferred properties to which a transferring body or the Singapore Broadcasting Authority was a party immediately before 1st January 2003, whether or not of such nature that the rights and liabilities thereunder could be assigned, shall have effect as from that date as if — (a) the Authority had been a party to such an agreement;

and

(b) for any reference to the transferring body or the Singapore Broadcasting Authority, as the case may be, there were substituted in respect of anything to be done on or after 1st January 2003 a reference to the Authority.

Transfer of employeesEdit

(1) As from 1st January 2003, such persons or categories of persons who, immediately before that date, were — (a) employed by the transferring bodies and posted to the transferred agencies;

or

(b) employed by the Singapore Broadcasting Authority, shall be transferred to the service of the Authority on terms no less favourable than those enjoyed by them immediately prior to their transfer.

(2) If any question arises as to whether any person or category of persons has been transferred to the service of the Authority under subsection (1), a certificate under the hand of the Minister shall be conclusive evidence that the person or category of persons was or was not so transferred.

(3) Until such time as terms and conditions of service for every person transferred to the service of the Authority under subsection (1) are drawn up by the Authority, the scheme and terms and conditions of service in the transferring body or the Singapore Broadcasting Authority from which the person was transferred shall continue to apply to every person so transferred as if he were still in the employment of the transferring body or the Singapore Broadcasting Authority, as the case may be.

Pension rights, etc., of Government employees to be preservedEdit

(1) The terms and conditions of service to be drawn up by the Authority shall take into account the terms and conditions of service (including salaries and accrued rights to leave) enjoyed by the persons transferred to the service of the Authority under section 44 while in the employment of the Government.

(2) Any term or condition relating to the length of service with the Authority shall recognise the length of service of the persons so transferred while in the employment of the Government to be service with the Authority.

(3) Nothing in the terms and conditions of service to be drawn up by the Authority shall adversely affect the conditions that would have been applicable to persons transferred to the service of the Authority as regards any pension, gratuity or allowance payable under the Pensions Act (Cap.

225).

(4) Where a person is transferred to the service of the Authority under section 44 while in the employment of the Government, the Government shall be liable to pay the Authority such portion of any pension, gratuity or allowance payable to the person on his retirement as the same shall bear to the proportion which the aggregate amount of his pensionable emoluments during his service with the Government bears to the aggregate amount of his pensionable emoluments during his service under both the Government and the Authority.

(5) Where any person in the service of the Authority, whose case does not fall within the scope of any pension or other schemes established under this section, retires or dies in the service of the Authority or is discharged from such service, the Authority may grant him or such other person wholly or partly dependent on him, as the Authority thinks fit, such allowance or gratuity as the Authority may determine.

No benefits in respect of abolition or reorganisation of officeEdit

Notwithstanding the provisions of the Pensions Act, no person who is transferred to the service of the Authority under section 44 while in the employment of the Government shall be entitled to claim any benefit under that Act on the ground that he has been retired from the service of the Government on account of abolition or reorganisation of office in consequence of the establishment and incorporation of the Authority.

Existing contractsEdit

All deeds, contracts, schemes, bonds, agreements, instruments and arrangements subsisting immediately before 1st January 2003 — (a) to which any transferring body is a party and relating to any transferred agency;

(b) to which the Singapore Broadcasting Authority is a party;

or

(c) relating to any person transferred to the service of the Authority under section 44, shall continue in force on and after that date and shall be enforceable by or against the Authority as if the Authority had been named therein or had been a party thereto instead of the transferring body or the Singapore Broadcasting Authority, as the case may be.

Continuation and completion of disciplinary proceedings and other legal proceedingsEdit

(1) Where, on 1st January 2003, any disciplinary proceedings were pending — (a) against an employee of a transferring body transferred to the service of the Authority;

or

(b) against an employee of the Singapore Broadcasting Authority, the proceedings shall be carried on and completed by the Authority.

(2) Where, on 1st January 2003, any matter was in the course of being heard or investigated or had been heard or investigated by a committee acting under due authority but no order, ruling or direction had been made thereon, the committee shall complete the hearing or investigation and shall make such order, ruling or direction as it could have made under the authority vested in it before that date.

(3) Any order, ruling or direction made by a committee under this section shall be treated as an order, a ruling or a direction of the Authority and have the same force or effect as if it had been made by the Authority pursuant to the authority vested in the Authority under this Act.

(4) All proceedings or causes of action pending or existing immediately before 1st January 2003 — (a) by or against a transferring body in respect of its transferred agency;

or

(b) by or against the Singapore Broadcasting Authority, may be continued, completed and enforced by or against the Authority.

Misconduct or neglect of duty by employee before transferEdit

The Authority may reprimand, reduce in rank, retire, dismiss or punish in some other manner any person who had, whilst he was in the employment of a transferring body or the Singapore Broadcasting Authority, been guilty of any misconduct or neglect of duty which would have rendered him liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if he had continued to be in the employment of the transferring body or the Singapore Broadcasting Authority, as the case may be, and if this Act had not been enacted.

See alsoEdit

ReferencesEdit

  • Media Development Authority of Singapore Act (Chapter 172) on Singapore Statutes Online:[1].

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