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Contents  

Long Title

Part I PRELIMINARY

Part II WORK PASSES

Part III ADMINISTRATION OF ACT

Part IV OFFENCES

Part V PRESCRIBED INFRINGEMENTS

Part VI MISCELLANEOUS

THE SCHEDULE Personal Identifiers

Legislative History

 
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On 19/10/2017, you requested the version in force on 19/10/2017 incorporating all amendments published on or before 19/10/2017. The closest version currently available is that of 01/04/2016.
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PART V
PRESCRIBED INFRINGEMENTS
[Act 24 of 2012 wef 09/11/2012]
General prescribed infringements
25.
—(1)  Where any employer —
(a)
makes or causes to be made, to the Controller, an application for a work pass on the basis of his foreign employee entitlement; and
(b)
commits, or causes or permits to be committed, any act or omission which facilitates, or which results in, the inflation of his foreign employee entitlement,
the Controller may impose on the employer a financial penalty of such amount, not exceeding $20,000, as the Controller may determine.
(2)  Where any person fails to comply with —
(a)
any regulatory condition subject to which an in-principle approval is or had been issued to him by the Controller; or
(b)
being an employer, a foreign employee or a self-employed foreigner to whom a work pass applies or had applied, any regulatory condition of the work pass,
the Controller may impose on the person a financial penalty of such amount, not exceeding $10,000, as the Controller may determine.
(3)  Where any employer inadvertently, or without intent to mislead or defraud, makes any statement or furnishes any information to the Controller which is inaccurate or erroneous, the Controller may impose on the employer a financial penalty of such amount, not exceeding $20,000, as the Controller may determine.
(4)  Where any employer —
(a)
deducts from any salary payable to a foreign employee, or demands or receives, directly or indirectly and whether in Singapore or elsewhere, from the foreign employee any fee, cost, levy, penalty, charge or amount that the employer shall bear and be liable for under subsection (6), or any part thereof; or
(b)
causes any foreign employee to bear any fee, cost, levy, penalty, charge or amount that the employer shall bear and be liable for under subsection (6), or any part thereof,
the Controller may impose on the employer a financial penalty of such amount, not exceeding $20,000, as the Controller may determine.
(5)  In subsection (1), unless the context otherwise requires —
“act or omission”, in relation to a person who is an employer, includes but is not limited to the employer failing to ensure that his Central Provident Fund contribution record of payments as employer required under the Central Provident Fund Act (Cap. 36) only reflects every citizen or permanent resident of Singapore who is employed by him and at the appropriate contribution rate prescribed by law;
“foreign employee entitlement” means the number of foreign employees which a person may employ, according to such criteria and conditions as the Minister or the Controller may determine.
(6)  For the purposes of subsection (4), the employer of a foreign employee shall, except where the Controller permits otherwise, bear and be liable to pay the following:
(a)
fees associated with the application, issuance, renewal or reinstatement of a work pass, other than the fees or deductions prescribed as recoverable from the foreign employee;
(b)
costs associated with furnishing security as required by the Controller;
(c)
costs associated with purchasing and maintaining medical insurance coverage for the foreign employee, as required by the Controller;
(d)
costs associated with medical examinations for the foreign employee, as required by the Controller;
(e)
the levy imposed under section 11(1) in respect of the foreign employee and any penalty due thereon;
(f)
costs associated with training the foreign employee, where the training is required by the employer or the Controller;
(g)
costs associated with repatriating the foreign employee at any time; and
(h)
such fee, charge or amount as may be prescribed.
[Act 24 of 2012 wef 09/11/2012]
Compliance with prescribed duties
25A.
—(1)  Where an in-principle approval of an application for a work pass has been issued by the Controller, the employer, foreign employee or self-employed foreigner concerned shall comply with such duties for or in relation to the employment of such foreign employee or the engagement of such self-employed foreigner as may be prescribed.
(2)  Where any employer, foreign employee or self-employed foreigner fails to comply with any duty prescribed under subsection (1) that he is required to comply with, the Controller may impose on him a financial penalty of such amount, not exceeding $10,000, as the Controller may determine.
(3)  For the purposes of this section —
(a)
duties may be prescribed for or in relation to any foreign employee or self-employed foreigner, or any class thereof, to be complied with following the cancellation, revocation or expiry of the work pass of the foreign employee or self-employed foreigner, as the case may be; and
(b)
different duties may be prescribed in relation to different classes of employers, foreign employees or self-employed foreigners, or different categories of work passes.
[Act 24 of 2012 wef 09/11/2012]
Directions
25B.
—(1)  Notwithstanding anything in this Act, where the Controller is satisfied that any person is committing or has committed a prescribed infringement, the Controller may, in addition to or in lieu of the imposition of a financial penalty, give such directions to the person as the Controller thinks appropriate to bring the prescribed infringement to an end and, where necessary, require that person to take such action as is specified in the direction to remedy, mitigate or eliminate any effects of such prescribed infringement and to prevent the recurrence of such prescribed infringement.
(2)  Any person who fails, without reasonable excuse, to comply with any direction given under subsection (1) 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.
[Act 24 of 2012 wef 09/11/2012]
Proceedings for prescribed infringements
25C.
—(1)  The Controller may inquire into and determine whether any person has committed a prescribed infringement in accordance with this Act.
(2)  For the purposes of subsection (1), the Controller shall have the following powers:
(a)
to summon and examine witnesses;
(b)
to administer oaths or affirmations; and
(c)
to compel the production of documents and articles.
(3)  All proceedings before the Controller under this section shall be held in private.
(4)  In any proceedings before the Controller under this section —
(a)
the Controller shall not be bound to act in a formal manner or in accordance with the Evidence Act (Cap. 97) but may inform himself on any matter in such manner as he thinks just;
(b)
any question of fact to be decided by the Controller shall be decided on the balance of probabilities; and
(c)
no party may be represented by an advocate or solicitor or a paid agent.
(5)  If any person who has been duly summoned by the Controller to attend at any proceedings under this section makes default in so doing, the Controller may make his determination in the absence of that person notwithstanding that the interest of that person may be prejudicially affected by his determination.
(6)  Where the Controller has made a determination that any person has committed a prescribed infringement, the Controller may in his determination —
(a)
state, if any, the amount of financial penalty, not exceeding the maximum financial penalty prescribed for the prescribed infringement, that is payable by the person and the date by which the financial penalty is to be paid; and
(b)
include such directions to the person under section 25B as the Controller thinks appropriate.
(7)  The Controller may, on the application of any person referred to in subsection (6) who is aggrieved by a determination or direction of the Controller, vary or set aside the determination or direction or make such other determination or direction as he thinks just.
(8)  Any person referred to in subsection (6) who is aggrieved by a determination or direction of the Controller, or any variation thereof, may appeal to the Appeal Board, whose decision shall be final.
[Act 24 of 2012 wef 09/11/2012]
Recovery of financial penalties
25D.
—(1)  Any person who has been determined to have committed a prescribed infringement and fails to pay the financial penalty imposed by the Controller by the date specified under section 25C(6)(a) shall be liable to pay to the Controller interest on the amount unpaid at the same rate as for a judgment debt.
(2)  Any financial penalty payable in respect of a prescribed infringement and any interest thereon shall be recoverable by the Controller, or any person duly authorised by the Controller to act on his behalf, as a debt due to the Government.
(3)  The Controller may, in any case in which he thinks fit, waive, remit or refund in whole or in part any financial penalty imposed or any interest due thereon.
(4)  In any proceedings for the recovery of any financial penalty or interest due thereon which any person is liable to pay, a certificate purporting to be under the hand of the Controller certifying the amount of the financial penalty or interest due thereon that is payable by the person shall be prima facie evidence of the facts stated therein.
[Act 24 of 2012 wef 09/11/2012]
Prescribed infringements by bodies corporate, etc.
25E.
—(1)  Where a prescribed infringement committed by a body corporate is proved —
(a)
to have been committed with the consent or connivance of an officer of the body corporate; or
(b)
to be attributable to any neglect on his part,
the officer as well as the body corporate shall be treated as having committed the prescribed infringement and dealt with accordingly.
(2)  Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(3)  Where a prescribed infringement committed by a partnership is proved —
(a)
to have been committed with the consent or connivance of a partner; or
(b)
to be attributable to any neglect on his part,
the partner as well as the partnership shall be treated as having committed the prescribed infringement and dealt with accordingly.
(4)  Where a prescribed infringement committed by an unincorporated association (other than a partnership) is proved —
(a)
to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
(b)
to be attributable to any neglect on the part of such officer or member,
the officer or member as well as the unincorporated association shall be treated as having committed the prescribed infringement and dealt with accordingly.
(5)  For the purposes of this section, where a prescribed infringement has been committed by a body corporate, an unincorporated association (other than a partnership) or a partnership, it shall be presumed, until the contrary is proved, that the prescribed infringement is attributable to the neglect of an officer or a member of the body corporate or unincorporated association or a partner of the partnership, as the case may be, who —
(a)
is primarily responsible for the act or omission which constitutes the prescribed infringement; and
(b)
has failed to exercise reasonable supervision or oversight as such officer, member or partner.
(6)  In this section —
“officer”  —
(a)
in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or
(b)
in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner.
(7)  The Minister may make regulations to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.
[Act 24 of 2012 wef 09/11/2012]
Abetment of prescribed infringements
25F.
—(1)  Where any person abets a prescribed infringement, the Controller may impose on the person a financial penalty of such amount, not exceeding the maximum financial penalty prescribed for the prescribed infringement, as the Controller may determine.
(2)  For the purposes of this section —
(a)
a person abets a prescribed infringement who abets either the commission of the prescribed infringement, or the commission of an act which would be a prescribed infringement, if committed by a person capable by law of committing a prescribed infringement with the same intention or knowledge as that of the abettor; and
(b)
a person abets the doing of a thing who —
(i)
instigates any person to do that thing;
(ii)
engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or
(iii)
intentionally aids, by any act or omission, the doing of that thing.
[Act 24 of 2012 wef 09/11/2012]
Appeals to Appeal Board
25G.
—(1)  An appeal to the Appeal Board under section 25C(8) shall be lodged within 14 days after the receipt of the determination or direction of the Controller by the person aggrieved by the determination or direction, as the case may be.
(2)  Any person who has lodged an appeal to the Appeal Board under section 25C(8) shall provide such information as may be required by the Appeal Board, in such manner and within such period as may be specified by the Appeal Board.
(3)  An appeal under section 25C(8) shall not suspend the effect of the determination or direction to which the appeal relates unless the appeal is against the imposition, or the amount, of a financial penalty.
(4)  The Appeal Board shall determine an appeal under section 25C(8) as soon as reasonably practicable, having regard to the nature and complexity of the appeal.
(5)  The Appeal Board shall notify the person making an appeal under section 25C(8) of its decision in respect of his appeal and the reasons for its decision.
(6)  Without prejudice to the generality of subsection (5), the Appeal Board may —
(a)
confirm, vary or reverse the determination or direction of the Controller appealed against; or
(b)
direct the Controller to reconsider the determination or direction appealed against.
[Act 24 of 2012 wef 09/11/2012]
Composition and procedure of Appeal Board
25H.
—(1)  For the purposes of section 25G, the Minister may establish an Appeal Board which shall consist of at least 3 persons, one of whom shall be appointed by the Minister to be the chairman of the Appeal Board.
(2)  The chairman of the Appeal Board must be a person qualified to be a Judge of the Supreme Court.
(3)  The Minister may, in establishing the Appeal Board, determine —
(a)
the terms and conditions of the appointment of the members of the Appeal Board; and
(b)
such matters as the Minister considers incidental or expedient for the proper and efficient conduct of any appeal by the Appeal Board.
(4)  The remuneration and allowances, if any, of a member of the Appeal Board shall be determined by the Minister.
(5)  The Appeal Board shall determine the procedure to be adopted by it in considering an appeal under section 25C(8), and shall be independent in the performance of its functions.
[Act 24 of 2012 wef 09/11/2012]