(1) In carrying out its
functions and exercising its powers under this Act, the Council shall take into
(a) whether the conditions for effective
competition exist in the market;
(b) whether any act by a publisher is likely to
cause the lessening of competition in the market; and
(c) whether any act by a publisher is in
contravention of the applicable laws relating to competition issues.
(2) Notwithstanding the
provisions of sections 9 (2) and 9 (3) (e), the Council shall, in
addition, refer all issues relating to competition which may arise in the
course of the discharge of its functions to the appropriate authority
established to deal with competition issues.
[Ch6109s30]30. Disclosure of
(1) A member or associate
member who has an interest in a contract proposed to be made with the Council
or in a matter for discussion by the Council shall disclose the nature of that
interest to the Council and shall, unless the meeting otherwise directs, be
disqualified from participating in the deliberations on that contract or matter
and from voting on a decision on that contract or matter.
(2) Where a member or
associate member fails to disclose an interest under subsection (1), he or she
shall cease to be a member of the Council in accordance with section 8.
(3) Any deliberations or
decisions undertaken by the Council involving a member or associate member who
fails to disclose an interest under subsection (1), shall be void.
[Ch6109s31]31. Accounts to be
(1) The treasurer of the
Executive Committee under section 18 (1) (a) shall cause proper accounts
of all its funds, property, assets and liabilities of the Council to be kept,
and to be audited in every year.
(2) The audited accounts
shall be presented by the Executive Committee to the ordinary general meeting.
[Ch6109s32]32. Funds of
(1) The funds of the Council
shall consist of
(a) members voluntary contributions, bequests,
and subscription fees;
(b) fees and other monies paid for services
rendered by the Council;
(c) monies from the rental or sale of any
property of the Council; and
(d) grants, gifts or donations from lawful
organisations or sources.
(2) The Council shall keep bank
accounts in such banks, and in such a manner as it may determine.
(3) There shall be disbursed
from the funds of the Council
(a) the salaries and expenses of the staff of
(b) such reasonable travelling and subsistence
allowances for members of the Council or members of any committee of the
Council when engaged in the business of the Council; and
(c) any other expenses incurred by the Council
in the discharge of its functions.
[Ch6109s33]33. Financial year
The financial year of the
Council shall be the period of 12 months commencing on 1st April each year and
ending on 31st March of the following year.
[Ch6109s34]34. Annual reporting
(1) The Executive Committee
shall present to the ordinary general meeting a full report of its activities.
(2) The Executive Committee
shall, at the end of each financial year, submit to the Minister an annual
report indicating the activities and operations of the Council in respect of
that financial year.
[Ch6109s35]35. Role of
The Minister may, by order,
direct that the Executive Committee be dissolved and that a new Executive
Committee be elected, where the Executive Committee fails to submit its annual
report, in accordance with section 34 (2).
(1) In this section,
"interim Executive Committee" means the Executive Committee appointed
by the Minister, in writing, for the time being, until the Council elects the
Executive Committee under section 18 (2).
(2) The interim Executive
Committee shall be composed of nine members, who shall be publishers.
(3) A publisher shall apply,
in writing, to the interim Executive Committee for membership of the Council.
(4) The interim Executive
(a) approve or reject an application under
(b) carry out the functions of the Executive
Committee under section 18 (3); and
(c) continue to operate until the Council
elects the Executive Committee under section 18 (2).
(1) The Executive Committee
may, subject to approval by a special resolution, make regulations providing
for any matter which is to be provided for by regulations made by the Executive
Committee or which is to be prescribed by the Executive Committee, which shall
be binding on all members of the Council, and in addition prescribing all or
any of the following matters
(a) the regulation of powers exercisable by the
Council and of committees appointed by the Council;
(b) the delegation of functions of the Council
under section 23;
(c) the manner of applying for registration and
accreditation of resident media practitioners under section 6 (2);
(d) the manner of convening meetings of the
Council and of committees appointed by the Council, voting procedures and other
(e) the manner of application for membership of
the Council and termination of such membership; and
(f) such other matters as may be deemed by the
Council to be necessary for the promotion of the functions and the regulation
of the affairs of the Council.
(2) For the purposes of this
section, "special resolution" means a resolution passed by not less
than two-thirds of members and associate members of the Council as may be
present and voting thereon at a general meeting of the Council duly convened
with notice of the intention to propose such resolution.
[Ch6109s38]38. Regulations to
be made by the Minister
The Minister may, by
statutory instrument, make regulations
(a) directing that the Executive Committee be
dissolved and that the Council elects a new Executive Committee, in accordance
with section 35;
(b) relating to any other matter intended to
safeguard the interests of the public and promote professional standards in the
(c) giving effect to the Code of Ethics issued
by the Council;
(d) relating to the registration and
accreditation of non-resident media practitioners; and
(e) prescribing anything to be prescribed by
the Minister under this Act.