—(1) No occupier of a work place who has control of access to the work place shall permit any foreigner without a valid work pass to enter or remain at the work place.
(2) Where a foreigner without a valid work pass is found at any 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 foreigner to enter or remain at the work place; and
had knowledge that the foreigner did not possess a valid work pass.
(3) The presumptions provided for in subsection (2) shall not be rebutted by proof that a defendant did not know that the person was a foreigner unless the defendant further proves that he had exercised due diligence —
to prevent the foreigner from entering or remaining at the work place;
to ascertain that the person was a citizen or permanent resident of Singapore by checking his passport, document of identity or other travel documents; or
to ascertain that the foreigner had at the material time in his possession a valid work pass by checking his original work pass.
(4) For the purposes of subsection (3)(a), a defendant shall not be deemed to have exercised due diligence unless he had taken all reasonable measures to prevent any foreigner without a valid work pass 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 not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both; and
on a second or subsequent conviction, to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 2 years or to both.
(7) In this section —
“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, or such other works or activities as the Minister may, by notification in the Gazette, specify;
“work place” means any place or premises where works are being carried out and includes any premises within the vicinity of the work place to which the occupier has control of access.
(7A) For the avoidance of doubt, where a person has been convicted of an offence under subsection (6), and he has on a previous occasion been convicted for contravening section 6A(1) of the Employment of Foreign Workers Act (Cap. 91A, 1997 Ed.) in force immediately before 1st July 2007, the first-mentioned conviction shall be considered a second or subsequent conviction under subsection (6).
(7B) All convictions against the same person for the contravention of subsection (1) at one and the same trial shall be deemed to be one conviction.
(8) Nothing in this section shall prevent any person from being prosecuted under any other provision of this Act for any act or omission which constitutes an offence under that other provision, but no person shall be punished twice for the same offence.