—(1) No occupier of a work place who has control of access to the work place shall permit any immigration offender to enter or remain at the work place.
(2) Where an immigration offender is found at a work place, it shall be presumed, until the contrary is proved, that the occupier of the work place —
had control of access to the work place;
had permitted the immigration offender to enter or remain at the work place; and
had knowledge that he is an immigration offender.
(3) The presumptions provided for in subsection (2)(b) and (c) shall not be rebutted unless the defendant proves that he had exercised due diligence to prevent the immigration offender from entering or remaining at the work place.
(4) For the purposes of subsection (3), a defendant shall not be presumed to have exercised due diligence unless he had taken all reasonable measures to prevent any immigration offender from entering or remaining at the work place, including all the measures prescribed under subsection (5) in respect of the work place.
(5) For the purposes of subsection (4), the Minister may, by notification in the Gazette, prescribe the measures that are required to be taken by the occupier of the work place.
(6) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of not less than $15,000 and not more than $30,000 or to imprisonment for a term not exceeding 12 months or to both for each immigration offender found at the work place and, in the case of a second or subsequent conviction, to a fine of not less than $30,000 and not more than $60,000 or to imprisonment for a term not exceeding 2 years or to both for each immigration offender found at the work place.
(7) In this section —
“construction works” means the construction, extension, installation, carrying out, repair, maintenance, renewal, removal, alteration, dismantling or demolition of —
any building, erection, edifice, structure, wall, fence or chimney, whether constructed wholly or partly above or below ground level;
any road, motorway, harbour works, railway, cableway, canal or aerodrome;
any drainage, irrigation or river control work;
any electrical, water, gas or telecommunication works;
any bridge, viaduct, dam, reservoir, earthworks, pipeline, sewer, aqueduct, culvert, drive, shaft, tunnel or reclamation,
and includes any works which form an integral part of, or are preparatory to, the works described in paragraphs (a) to (e), including site clearance, earth-moving, excavation, laying of foundation, site restoration and landscaping, and such other works or activities as the Minister may, by notification in the Gazette, specify to be construction works;
“occupier”, in relation to a work place, means the principal contractor who undertakes any construction works at the work place and includes such other person as the Minister may, by notification in the Gazette, specify to be the occupier of the work place;
“principal contractor” means a person who has entered into a contract with an owner, a developer or a lessee of a property or his agent for the purpose of carrying out any construction works on the property;
“work place” means any place or premises where any construction works are being carried out and includes —
all the land within the vicinity of the work place which are owned by the person for whom the construction works are being carried out and to which the principal contractor has control of access;
any canteen, sleeping quarters, office and other structures or buildings erected on the work place; and
such other place or premises as the Minister may, by notification in the Gazette, specify to be a work place.