PART 3 FUNCTIONS, DUTIES AND POWERS OF AUTHORITY |
Functions and duties of Authority |
6.—(1) Subject to the provisions of this Act, it is the function and duty of the Authority —(a) | to create a market framework in respect of the supply of —(i) | electricity or gas; or | (ii) | other goods or services regulated by the Authority under any written law, |
which promotes and maintains fair and efficient market conduct and effective competition or, in the absence of a competitive market, which prevents the misuse of monopoly or market power; |
| (b) | to secure that all reasonable demands for the supply of electricity are satisfied; | (c) | to promote the development of the electricity and gas industries; | (d) | to protect the interests of consumers in respect of the quality of electricity supply, gas supply and district cooling services provided; | (e) | to protect the interests of the public in respect of the supply and use of electricity and gas and the provision of district cooling services; | (f) | to promote the efficient use of energy utilities; | (g) | to exercise licensing and regulatory functions in respect of electricity, gas and district cooling systems and services, including the establishment of standards and codes relating to any connected matter; | (h) | to advise the Government on national needs, policies and strategies relating to energy utilities, and on matters appertaining to the Authority generally; and | (i) | to exercise any other functions and duties conferred on the Authority by or under any other written law. |
(2) In addition to the functions and duties imposed by this section, the Authority may undertake any other functions that the Minister may assign to the Authority, and in so doing —(a) | the Authority is deemed to be fulfilling the purposes of this Act; and | (b) | the provisions of this Act apply to the Authority in respect of those functions. |
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(3) Nothing in this section is to be construed as imposing on the Authority, directly or indirectly, any form of duty or liability enforceable by proceedings before any court. |
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7.—(1) Subject to the provisions of this Act, the Authority may carry on any activities that appear to the Authority 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 or other written law and, in particular, the Authority may exercise any of the powers specified in the Second Schedule.(2) This section is not to be construed as limiting any power of the Authority conferred by or under any other written law. |
(3) The Authority must furnish the Minister information with respect to its property and activities in such manner and at such times as the Minister may require. |
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8.—(1) The Minister may, after consulting the Authority, give to the Authority any direction under section 5 of the Public Sector (Governance) Act 2018. [5/2018] (2) In addition to the power mentioned in subsection (1), if it appears to the Minister to be requisite or expedient to do so —(a) | on the occurrence of any public emergency, in the public interest or in the interests of public security, national defence, or relations with the government of another country; or | (b) | in order —(i) | to discharge or facilitate the discharge of an obligation binding on the Government by virtue of its being a member of an international organisation or a party to an international agreement; | (ii) | to attain or facilitate the attainment of any other object the attainment of which is in the Minister’s opinion requisite or expedient in view of the Government being a member of such an organisation or a party to such an agreement; or | (iii) | to enable the Government to become a member of such an organisation or a party to such an agreement, |
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the Minister may, after consultation with the Authority, give any directions to the Authority that are necessary in the circumstances of the case. |
[5/2018] |
(3) The Authority must give effect to any direction given to it under subsection (1) or (2) despite any other duty imposed on it by or under this Act or any other written law. |
(4) The Authority must not disclose any direction given to it under subsection (1) or (2) if the Minister notifies the Authority that the Minister is of the opinion that the disclosure of the direction is against the public interest. |
(5) If any doubt arises as to the existence of a public emergency or as to whether any act done under this section was in the public interest or in the interests of public security, national defence or relations with the government of another country, a certificate signed by the Minister is conclusive evidence of the matters stated in the certificate. |
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Chief Executive, officers and employees, etc. |
9.—(1) There must be a Chief Executive of the Authority, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Authority 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] |
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(3) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on any terms and conditions that it may determine, any other officers, employees, consultants and agents that may be necessary for the effective performance of its functions. [5/2018] |
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10. [Repealed by Act 5 of 2018] |
Protection from personal liability |
11. No suit or other legal proceedings shall lie 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. |
12.—(1) The Authority cannot raise loans for the performance of its functions under this Act or any other Act administered by the Authority except in accordance with this section.(2) Subject to subsection (3), the Authority may raise loans by —(a) | mortgage, overdraft or other means, with or without security; | (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, or such other instrument as the Minister may approve. |
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(3) The Authority may raise loans under subsection (2) —(a) | from the Government; or | (b) | with the approval of the Minister, from another source, whether in or outside Singapore. |
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(4) For the purposes of this section, the power to raise loans includes the power to enter into any financial agreement or arrangement under which credit facilities are granted to the Authority for the purchase of goods or services. [Act 37 of 2021 wef 29/01/2022] |
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12A. 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 must issue such shares or other securities to the Minister for Finance as that Minister may direct. [5/2002] |
Duty of Authority in financial matters |
13. It is the duty of the Authority so to exercise and perform its functions under this Act as to secure that the total revenues of the Authority are sufficient, taking one financial year with another, to meet its total outgoings properly chargeable to revenue account, including depreciation and interest on capital and to meet a reasonable proportion of the cost of the development of the services of the Authority. |
14. A summary of the annual estimates and supplementary estimates adopted by the Authority must be published in the Gazette. |
15. 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 1965. [45/2004] |
16.—(1) The Authority must open and maintain an account or accounts with any bank or banks that the Authority thinks fit.(2) Every such account must be operated by such person or persons authorised to do so by the Authority. |
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17. The moneys of the Authority must 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. |
18. The financial year of the Authority begins on 1 April of each year and ends on 31 March of the succeeding year. [5/2018] |
19. [Repealed by Act 5 of 2018] |
Symbol or representation of Authority |
20.—(1) The Authority has the exclusive right to the use of any symbol or representation that the Authority may select or devise and thereafter display or exhibit the symbol or representation in connection with its activities or affairs.(2) Any person who uses a symbol or representation identical with that of the Authority, or which so resembles the Authority’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or to cause confusion, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction. |
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