On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 09/04/2001.
PART II
ADMINISTRATION
3.
—(1) The Authority shall be charged with the general administration of this Act and the exercise of the functions and duties imposed on the Authority by this Act.
(2) The Authority may authorise any person to assist it in the exercise of its functions and duties under this Act, either generally or in a particular case.
(3) Subject to the provisions of this Act, it shall be the function and duty of the Authority —
(a)
to protect the interests of consumers with regard to —
(i)
the prices and other terms for the supply of gas;
(ii)
the reliability, availability and continuity of the supply of gas; and
(iii)
the quality of gas supply services provided;
(b)
to protect the public from dangers arising from the production, processing, storage, conveyance, shipping, supply or use of gas;
(c)
to secure that gas licensees whose prices are controlled by the Authority are able to provide an efficient service and maintain financial viability;
(d)
to promote the efficient use of gas by consumers;
(e)
to promote competition in the supply of natural gas;
(f)
to perform the functions of economic, technical and safety regulator for the gas industry in Singapore;
(g)
to advise the Government on all matters relating to the production, processing, storage, conveyance, shipping, supply or use of gas; and
(h)
to do such other things as are required under this Act and to take such steps as are necessary or expedient for the effective discharge of its functions and duties under this Act.
(4) In performing its functions and exercising its powers, the Authority shall —
(a)
use its reasonable endeavours to apply principles and methodologies to gas licensees who conduct similar activities within a particular sector of the gas industry in a non-discriminatory manner; and
(b)
act in a reasonable manner in all circumstances.
(5) 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.
(6) For the purposes of this section, “consumers” includes both existing and future consumers of gas.
4.
—(1) The Authority or any authorised officer may by notice require any person to furnish, within a reasonable period specified in the notice, all information and documents relating to all such matters as may reasonably be required by the Authority to carry out the functions or duties assigned to the Authority by or under this Act, which are within the knowledge of that person or in his custody or under his control.
(2) Any person who fails, without reasonable excuse, to do anything required of him by notice under subsection (1) shall be guilty of an offence.
(3) Any person who —
(a)
intentionally alters, suppresses or destroys any information or document which he has been required by any notice under subsection (1) to furnish; or
(b)
in furnishing any information or document required by any notice under subsection (1), makes any statement which he knows to be false in a material particular or recklessly makes such a statement,
shall be guilty of an offence.
(4) If any person fails to comply with a notice under subsection (1), the court may, on the application of the Authority, make such order as the court thinks fit to secure compliance with such notice and any such order may provide that all the costs and expenses of and incidental to the application shall be borne by such person or by any officer of a company or other association who is responsible for the failure.
(5) The Authority through an authorised officer may, at any time after the expiry of the period specified in the notice referred to in subsection (1), enter any building or place where the Authority has reason to believe that any information or document in respect of which it has given the notice may be found, and seize or take extracts or copies of any such information or document.
(6) Except in the performance of his functions or duties or when required to do so by any court or under any written law, no person who is or has been a member, an officer, an employee or an agent of the Authority or a member of a committee of the Authority shall disclose any information relating to the affairs of the Authority or of any other person which has been obtained by him in the performance of his functions or duties.
(7) Any person who contravenes subsection (6) 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 12 months or to both.
5.
—(1) This section shall apply if —
(a)
any information or document is given by a person to the Authority under this Act (other than Part IX); and
(b)
at the time such information or document is given, the person giving it notifies the Authority in writing that it is of a confidential or commercially sensitive nature.
(2) The Authority shall not disclose to any person the information or the contents of a document to which this section applies unless —
(a)
the Authority is of the opinion that —
(i)
the disclosure of the information or the contents of the document would not cause detriment to the person supplying it or to any other person who is aware of the information or document; or
(ii)
although the disclosure of the information or the contents of the document would cause detriment to the person supplying it or to any other person who is aware of the information or the contents of the document, the public benefit in disclosing outweighs that detriment;
(b)
the Authority gives written notice to —
(i)
the person who supplied the information or document; and
(ii)
any other person whom the Authority is aware has supplied the information or document to the person referred to in sub-paragraph (i), where the identity of such other person is known to the Authority,
stating that the Authority wishes to disclose the information or contents of the document, specifying the nature of the intended disclosure and detailed reasons why the Authority wishes to make the disclosure and setting out a copy of this section; and
(c)
no appeal is made to the Minister under subsection (3) within 7 days of the date of the giving of the notice.
(3) If a person wishes to appeal to the Minister in respect of a notice given by the Authority under subsection (2)(b), such appeal shall be lodged with the Minister within 7 days of the date of the giving of the notice and the Minister’s decision shall be final.
(4) Subsection (2) shall not prevent the Authority —
(a)
from disclosing information or the contents of a document —
(i)
to any member, officer, employee, agent or consultant of the Authority or a member of a committee or panel acting under a delegation by the Authority;
(ii)
when required to do so by any court or under any written law; or
(iii)
for the purposes of any criminal proceedings; or
(b)
from supplying the information or document to the Minister on a confidential basis or to an Appeal Panel.
(5) For the purposes of this section, the disclosure of any information or the contents of a document already in the public domain at the time the Authority wishes to disclose it cannot cause detriment to any person referred to in subsection (2)(a).