Singapore legislation
Section 74
Section 74
Commissioner may give directions in relation to certificates of conformity
(1)
The Commissioner may, by written notice to the accredited certification body that issued a certificate of conformity for a regulated fire safety product, direct the accredited certification body to cancel the certificate, within the time specified in the written notice if —
the accredited certification body contravenes section 69(2) or (3); or
the person to whom the certificate of conformity is issued refuses or fails to comply with a requirement under section 72(1) in respect of the regulated fire safety product or a sample of the regulated fire safety product.
(2)
The Commissioner may, by written notice to an accredited certification body, direct the accredited certification body not to issue any certificate of conformity to a person for the period specified in the written notice if the Commissioner has reason to believe that the person has contravened section 70(1) or (2).
(3)
The Minister may prescribe that a regulated fire safety product is a non‑compliant fire safety product if the accredited certification body that issued the certificate of conformity in respect of the regulated fire safety product refuses or fails to comply with a direction under subsection (1) or (2) in respect of that certificate.
(4)
The Commissioner must, before making the direction under subsection (1)(b), give the person to whom the certificate of conformity is issued —
written notice of the Commissioner’s intention to make the direction; and
an opportunity to submit reasons, within 14 days after the notice is given, as to why the direction should not be made.
(5)
The Commissioner must, before making the direction under subsection (2), give the person in respect of which the direction applies —
written notice of the Commissioner’s intention to make the direction; and
an opportunity to submit reasons, within 14 days after the notice is given, as to why the direction should not be made.
(6)
Despite subsections (4) and (5), the Commissioner may specify a time, being less than 14 days after the date of the written notice mentioned in subsection (4) or (5) (as the case may be) if the Commissioner is of the opinion that it is in the public interest for the direction to be made as soon as possible.
(7)
The Commissioner may, at any time, cancel a direction given under subsection (2).
(8)
Any accredited certification body that, without reasonable excuse, refuses or fails to comply with the Commissioner’s direction under subsection (1) or (2) 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 6 months or to both; and
in the case of a continuing refusal or failure to comply, to an additional fine not exceeding $1,000 for each day or part of a day the refusal or failure continues.
(9)
Any person who is aggrieved by any direction of the Commissioner under subsection (1) or (2) may, within 14 days after being notified of the direction, appeal to the Minister.
(10)
A direction of the Commissioner under subsection (1) or (2) takes effect despite an appeal against that decision being made to the Minister.[33B