Singapore legislation
Section 12
Section 12
Modification of conditions of licence
(1)
Subject to this section, it is lawful for the Commissioner to modify the conditions of a licence without compensating the licensed operator concerned.
(2)
Before modifying any conditions of a licence, the Commissioner must, unless subsection (5) applies, give notice to the licensed operator holding that licence —
stating that the Commissioner proposes to make the modification in the manner as specified in the notice; and
specifying the time (being at least 14 days from the date of service of notice on the licensed operator) within which the licensed operator may make written representations to the Commissioner with respect to the proposed modification.
(3)
Upon receiving any written representation mentioned in subsection (2)(b), the Commissioner must consider that representation and may —
reject the representation;
amend the proposed modification in any manner as the Commissioner thinks fit having regard to the representation; or
withdraw the proposed modification and reinstate the licence condition without modification.
(4)
Where —
the Commissioner rejects any written representation under subsection (3)(a);
the Commissioner amends any proposed modification under subsection (3)(b); or
no written representation is received by the Commissioner within the time specified in subsection (2)(b), or any written representation made under that subsection is subsequently withdrawn, and the licensed operator has not given immediate effect to the modification,the Commissioner is to issue a written direction to the licensed operator in question requiring the licensed operator, within the time specified by the Commissioner, to give effect to the modification as specified in the notice under subsection (2) or as amended by the Commissioner under subsection (3), as the case may be.
(5)
However, where the Commissioner considers that it is impracticable or undesirable to give notice under subsection (2) before modifying the conditions of a particular licence, in the circumstances of the particular case because of danger or risk to —
the security and good order within the foreign employee dormitory; or
the safety and health of the residents of the foreign employee dormitory,the Commissioner may, without compensating the licensed operator concerned, and by giving notice to that licensed operator, modify the conditions of the particular licence with immediate effect.
(6)
The licensed operator whose licence conditions have been modified with immediate effect under subsection (5) may, within 7 days after the Commissioner has given notice under that subsection, apply to the Commissioner to review his or her decision.
(7)
On reviewing his or her decision under subsection (6), the Commissioner may —
confirm his or her decision; or
delete or vary the modified licence condition, or reinstate the licence condition without modification, with effect from the date specified, without compensating the licensed operator concerned,and there is to be no further review.
(8)
An application to review the Commissioner’s decision does not affect the operation of the decision under subsection (5) or prevent the taking of action to implement that decision, and unless otherwise allowed by the Commissioner, the decision to be reviewed must be complied with unless the determination of the review indicates otherwise.