Singapore legislation
Section 22B
Section 22B
Offence for licensed employment agencies to make certain applications
(1)
If any employment agency personnel of a licensee makes any application to the Controller of Work Passes appointed under section 3 of the Employment of Foreign Manpower Act (Cap. 91A), which application is required under that Act, on behalf of —
any person who has not obtained a licence as required under section 6; or
any person whom the employment agency personnel knows or ought reasonably to know has been directed by the Commissioner under section 12(4) not to make any such application,the licensee and the employment agency personnel shall each be guilty of an offence.
(2)
Any person guilty of an offence under subsection (1) shall be liable on conviction —
to a fine not exceeding $80,000 or to imprisonment for a term not exceeding 2 years or to both; and
in respect of a second or subsequent offence, to a fine not exceeding $160,000 or to imprisonment for a term not exceeding 4 years or to both.
(3)
In any proceedings for an offence under subsection (1), it shall not be a defence for a defendant to prove that he did not know that the person has not obtained a licence as required under section 6 unless the defendant further proves that he had exercised due diligence to ascertain the status of such person.
(4)
For the purpose of subsection (3), a defendant shall not be deemed to have exercised due diligence unless he had verified, in such manner as may be prescribed, that the person referred to in that subsection has obtained a licence as required under section 6.