Singapore legislation

Section 31N

of Building and Construction Authority Act

Section 31N

Revocation of licences, etc.

Amended by12/200912/200912/200912/200912/200912/200912/200912/200912/2009

(1)

Subject to subsection (3), the Authority may, by order, revoke any licence if it is satisfied that —

(a)

the licensee has failed to comply with any condition imposed by the Authority under section 31G;

(b)

the licence had been obtained by fraud or misrepresentation;

(c)

the licensee has been declared bankrupt or has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;

(d)

the licensee has been convicted of an offence under this Part;

(e)

the licensee has, without reasonable excuse, failed to comply with section 31L(4) or (5), as the case may be;

(f)

the public interest or national security of Singapore so requires; or

(g)

the licensee has refused or failed to comply with an order of the Authority made under subsection (2)(b) or (d).

Amended by12/2009

(2)

The Authority may, in any case in which it considers that no cause of sufficient gravity for revoking any licence exists, by order do all or any of the following:

(a)

suspend the licence for a period not exceeding 6 months;

(b)

impose on the licensee concerned a financial penalty not exceeding $500,000;

(c)

censure the licensee concerned; (d)impose such other direction or restriction as the Authority considers appropriate on the licensee’s business as an importer of essential construction materials.

Amended by12/2009

(3)

The Authority shall not exercise its powers under subsection (1) or (2) unless an opportunity of being heard by a representative in writing or by counsel had been given to the licensee against which the Authority intends to exercise its powers, being a period of not less than 7 and not more than 14 days.

Amended by12/2009

(4)

Where the Authority has made an order under subsection (1) or (2) in respect of any licensee, the Authority shall serve on the licensee concerned a notice of its order made under this section.

Amended by12/2009

(5)

Subject to subsection (6), any order made by the Authority under subsection (1) or (2) shall take effect on the expiration of 7 days after the Authority has served the order on the licensee concerned.

Amended by12/2009

(6)

Where the licensee concerned has appealed under section 31P to the Minister against an order made by the Authority under subsection (2)(b), the order shall not take effect unless the order is confirmed by the Minister or the appeal is for any reason dismissed by the Minister or withdrawn.

Amended by12/2009

(7)

Where an order of revocation becomes effective —

(a)

the Authority shall cause notice of the revocation to be published in the Gazette;

(b)

the importer concerned shall, as from the date of the notice, cease to import any essential construction material except as may be approved by the Authority; and

(c)

the importer concerned shall be debarred from applying for or holding a licence for a period of 12 months after that revocation.

Amended by12/2009

(8)

Subsection (7)(b) shall not prejudice the enforcement by any person of any right or claim against the corporation or limited liability partnership formerly licensed, or by the corporation or limited liability partnership formerly licensed, of any right or claim against any person.

Amended by12/2009

(9)

In any proceedings under this section in relation to the conviction of a licensee for a criminal offence, the Authority shall accept the licensee’s conviction as final and conclusive.

Amended by12/2009