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Contents  

Long Title

Part I PRELIMINARY

Part II ADMINISTRATION

Part III LICENSING OF ACTIVITIES RELATING TO GAS

Part IV MODIFICATION AND ENFORCEMENT OF GAS LICENCES

Part V GAS TRANSPORTERS

Part VI GAS RETAILERS AND GENERAL PROVISIONS

Part VII GAS NETWORK CODE

Part VIIA CODES OF PRACTICE

Part VIIB CONTROL OF GAS LICENSEES AND ENTITIES WITH INTEREST IN GAS PIPELINE NETWORK

Part VIII SAFETY

Part IX COMPETITION

Part X APPEAL PANEL

Part XI MISCELLANEOUS

Part XII TRANSITIONAL PROVISIONS

Legislative History

 
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On 24/10/2017, you requested the version in force on 24/10/2017 incorporating all amendments published on or before 24/10/2017. The closest version currently available is that of 14/02/2008.
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PART IX
COMPETITION
Agreements, etc., preventing, restricting or distorting competition
69.
—(1)  Subject to section 71, agreements, decisions or concerted practices by persons which have as their object or effect the prevention, restriction or distortion of competition in any gas market in Singapore are prohibited.
(2)  Subsection (1) applies, in particular, to agreements, decisions or concerted practices which —
(a)
directly or indirectly fix purchase or selling prices or any other trading conditions of gas in Singapore;
(b)
limit or control production, markets, technical development or investment in the gas industry in Singapore;
(c)
share markets or sources of supply of gas in Singapore;
(d)
apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage;
(e)
make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts; or
(f)
provide for the acquisition, directly or indirectly, of shares in or the assets of a gas licensee.
(3)  Subsection (1) applies only if the agreement, decision or practice is, or is intended to be, implemented in Singapore.
(4)  Subject to section 71, an agreement or a decision which is prohibited by subsection (1) is void.
(5)  Unless the context otherwise requires, a provision of this Part which is expressed to apply to, or in relation to, an agreement is to be read as applying, with the necessary modifications, equally to, or in relation to, a decision by any person or a concerted practice.
(6)  Subsection (1) applies to agreements, decisions and concerted practices implemented before, on or after the appointed day.
Abuse of dominant position
70.
—(1)  Subject to section 71, any conduct on the part of one or more persons which amounts to the abuse of a dominant position in any gas market in Singapore is prohibited if it may affect trade within Singapore.
(2)  Conduct may, in particular, constitute such an abuse if it consists in —
(a)
directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions of gas in Singapore;
(b)
limiting production, markets or technical developments in the gas industry in Singapore to the prejudice of consumers;
(c)
applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage; or
(d)
making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of the contracts.
(3)  In this section, “dominant position” means a dominant position within Singapore.
Exemption
71.
—(1)  The Authority may, with the approval of the Minister, on the application of any person or on its own initiative, grant an exemption from section 69(1) or 70(1) to any agreement 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 this section shall, unless previously revoked in accordance with the terms of such exemption, 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;
(b)
vary or remove any condition or obligation specified in an exemption; or
(c)
impose additional conditions or obligations in an exemption.
Request for Authority to examine agreement or to consider conduct, etc.
72.  The Authority may, with the approval of the Minister, make regulations —
(a)
to provide for persons who are parties to any agreement or conduct to apply to the Authority for guidance as to whether or not the agreement or conduct is likely to infringe section 69(1) or 70(1);
(b)
to provide for the procedure for an application under paragraph (a);
(c)
to prescribe any decision which the Authority may make and the effect of the decision; and
(d)
generally for giving full effect to the objective of this Part.
Power to investigate
73.  The Authority may conduct an investigation if there are reasonable grounds for suspecting that section 69(1) or 70(1) has been infringed.
Power when conducting investigation
74.
—(1)  For the purposes of an investigation under section 73, the Authority may, by notice in writing to any person, require that person to produce to the Authority a specified document, or to provide the Authority with specified information, which the Authority considers relates to any matter relevant to the investigation.
(2)  A notice under subsection (1) shall indicate —
(a)
the subject matter and purpose of the investigation; and
(b)
the nature of the offences created by sections 80, 81 and 82.
(3)  The Authority may also specify in the notice —
(a)
the time and place at which any document is to be produced or any information is to be provided; and
(b)
the manner and form in which it is to be produced or provided.
(4)  The power under this section to require a person to produce a document includes the power —
(a)
if the document is produced —
(i)
to take copies of it or extracts from it; and
(ii)
to require such person, or any person who is a present or past officer of his, or is or was at any time employed by him, to provide an explanation of the document; and
(b)
if the document is not produced, to require such person to state, to the best of his knowledge and belief, where it is.
(5)  In subsection (1), “specified” means —
(a)
specified, or described, in the notice; or
(b)
falling within a category which is specified, or described, in the notice.
Power to enter premises under warrant
75.
—(1)  The Authority may apply to a District Court for a warrant and the Court may issue such a warrant if it is satisfied that —
(a)
there are reasonable grounds for suspecting that there are on any premises documents which are required to be produced under section 74; or
(b)
there are reasonable grounds for suspecting that —
(i)
there are on any premises documents which the Authority has power under section 74 to require to be produced; and
(ii)
if the documents were required to be produced, they would not be produced but would be concealed, removed, tampered with or destroyed.
(2)  A warrant under this section shall authorise a named officer of the Authority, and any other of its officers whom the Authority has authorised in writing to accompany the named officer —
(a)
to enter the premises specified in the warrant, using such force as is reasonably necessary for the purpose;
(b)
to search the premises and take copies of, or extracts from, any document appearing to be of a kind in respect of which the application under subsection (1) was granted (the relevant kind);
(c)
to take possession of any document appearing to be of the relevant kind if —
(i)
such action appears to be necessary for preserving the document or preventing interference with it; or
(ii)
it is not reasonably practicable to take copies of the document on the premises;
(d)
to take any other steps which appear to be necessary for the purpose mentioned in paragraph (c)(i);
(e)
to require any person to provide an explanation of any document appearing to be of the relevant kind or to state, to the best of his knowledge and belief, where it may be found; and
(f)
to require any information which is held in a computer and is accessible from the premises and which the named officer considers relates to any matter relevant to the investigation, to be produced in a form —
(i)
in which it can be taken away; and
(ii)
in which it is visible and legible.
(3)  If, in the case of a warrant issued under subsection (1)(b), the District Court is satisfied that it is reasonable to suspect that there are also on the premises other documents relating to the investigation concerned, the warrant shall also authorise the action mentioned in subsection (2) to be taken in relation to any such document.
(4)  If there is no one at the premises when the named officer proposes to execute such a warrant, he must, before executing it —
(a)
take such steps as are reasonable in all the circumstances to inform the occupier of the intended entry; and
(b)
if the occupier is so informed, afford him or his legal or other representative a reasonable opportunity to be present when the warrant is executed.
(5)  If the named officer is unable to inform the occupier of the intended entry, he must, when executing the warrant, leave a copy of it in a prominent place on the premises.
(6)  On leaving any premises which he has entered by virtue of a warrant under this section, the named officer must, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured as he found them.
(7)  A warrant under this section continues in force until the end of the period of one month beginning from the day on which it is issued.
(8)  Any document of which possession is taken under subsection (2)(c) may be retained for a period of 3 months.
(9)  In this section —
“named officer” means the officer named in the warrant;
“occupier”, in relation to any premises, means a person whom the named officer reasonably believes is the occupier of those premises.
Privileged communication
76.  A person shall not be required, under any provision of this Part, to produce or disclose a communication —
(a)
between a professional legal adviser and his client; or
(b)
made in connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings,
which in proceedings in a court would be protected from disclosure on grounds of privilege.
Decision following investigation
77.  Where, following an investigation conducted under section 73, the Authority considers that section 69(1) or 70(1) has been infringed and the Authority proposes to make a direction under section 78, 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.
Enforcement and appeal
78.
—(1)  Where the Authority has made a decision that section 69(1) or 70(1) has been infringed, the Authority may give directions to such person as the Authority considers appropriate to bring the infringement to an end.
(2)  A direction referred to in subsection (1) may, in particular, include provisions —
(a)
where the decision is that any agreement infringes section 69(1) —
(i)
requiring the person to modify or terminate the agreement; and
(ii)
in the case of an agreement referred to in section 69(2)(f), requiring the person to dispose of all or any of the relevant shares or assets, otherwise than to an associated person, within a period specified in the direction, being not less than 3 months after service of the direction; and
(b)
where the decision is that any conduct infringes section 70(1) —
(i)
requiring the person to modify the conduct in question; or
(ii)
requiring the person to cease that conduct; and
(c)
in either case, requiring the person —
(i)
to pay to the Authority a financial penalty in respect of the infringement of an amount not exceeding $1 million or 10% of the annual turnover of such person’s business in Singapore, ascertained from its latest audited accounts, whichever is the higher; and
(ii)
to provide a performance bond, guarantee or other form of security on such terms and conditions as the Authority may determine.
(3)  Where a person fails to comply with a direction referred to in subsection (2)(a)(ii), the shares last registered in the name of that person or the assets, as the case may be, that are the subject of the acquisition and specified by the Authority by notice in writing served on the person, shall be forfeited to the Government.
(4)  Any shares or assets forfeited to the Government under subsection (3) shall be sold by the Government as soon as practicable and the proceeds of sale, after deduction of the reasonable costs of the forfeiture and sale, shall be paid to the person from whom the shares or assets were forfeited.
(5)  Any person who is aggrieved by any decision or direction of the Authority under this Part may, within 14 days after receipt of the notice referred to in section 79, appeal to the Appeal Panel under Part X.
(5A)  An appeal under subsection (5) shall not suspend the effect of a decision or direction to which the appeal relates unless —
(a)
otherwise allowed by the Minister; or
(b)
the appeal is against the imposition or the amount of a financial penalty.
[24/2007 wef 11/06/2007]
(6)  In this section —
“associated person” has the same meaning as in section 76D(14) of the Companies Act (Cap. 50);
“relevant shares or assets” means any shares or assets of a gas licensee held by the person that would need to be disposed of in order to cause the acquisition to cease to have the object or effect of preventing, restricting or distorting competition in the gas market in Singapore.
Notification
79.  The Authority shall, within 14 days of the Authority making any decision or direction under this Part, notify any person affected by such decision or direction.
Offences
80.
—(1)  A person who fails to comply with a requirement imposed on him under section 74 or 75 shall be guilty of an offence.
(2)  If a person is charged with an offence under subsection (1) in respect of a requirement to produce a document, it shall be a defence for him to prove that —
(a)
the document was not in his possession or under his control; and
(b)
it was not reasonably practicable for him to comply with the requirement.
(3)  If a person is charged with an offence under subsection (1) in respect of a requirement —
(a)
to provide information;
(b)
to provide an explanation of a document; or
(c)
to state where a document is to be found,
it shall be a defence for him to prove that he had a reasonable excuse for failing to comply with the requirement.
(4)  Failure to comply with a requirement imposed under section 74 is not an offence if the person imposing the requirement has failed to act in accordance with that section.
(5)  Any person who intentionally obstructs an officer in the exercise of his powers under a warrant issued under section 75 shall be guilty of an offence.
Destroying or falsifying documents
81.  Any person who, having been required to produce a document under section 74 or 75 —
(a)
intentionally or recklessly destroys or otherwise disposes of it, falsifies it or conceals it; or
(b)
causes or permits its destruction, disposal, falsification or concealment,
shall be guilty of an offence.
False or misleading information
82.  Any person who provides information to the Authority or an authorised officer in connection with any function or duty of the Authority under this Part which is false or misleading in a material particular shall be guilty of an offence.