Singapore legislation
Section 19
Section 19
Codes of practice or standards of performance
(1)
The Commissioner may —
issue one or more codes of practice or standards of performance applicable to licensed operators;
approve as a code of practice or standard of performance applicable to licensed operators any document prepared by a person other than the Commissioner if the Commissioner considers the document as suitable for this purpose; or
amend or revoke any code of practice or standard of performance issued under paragraph (a) or approved under paragraph (b),with respect to all or any of the following:
the management and operations of boarding premises as a foreign employee dormitory;
the provision of services and facilities in boarding premises operated as a foreign employee dormitory;
the quality of any aspect of such services and facilities.
(2)
A code of practice or standard of performance may, in particular, specify the duties and obligations of any licensed operator in relation to the licensed operator’s business operation insofar as it relates to the provision of boarding premises as a foreign employee dormitory in Singapore.
(3)
If any provision in any code of practice or standard of performance is inconsistent with any provision of this Act, that provision, to the extent of the inconsistency —
is to have effect subject to the provisions of this Act; and
having regard to the provisions of this Act, is not to have effect.
(4)
Where a code of practice or standard of performance is issued, approved, amended or revoked by the Commissioner under subsection (1), the Commissioner must —
publish a notice of the issue, approval, amendment or revocation (as the case may be) of the code of practice or standard of performance in any manner that will secure adequate publicity for such issue, approval, amendment or revocation;
specify in the notice mentioned in paragraph (a) the date of issue, approval, amendment or revocation, as the case may be; and
ensure that, so long as the code of practice or standard of performance remains in force, copies of that code or standard, and of all amendments to that code or standard, are available for inspection by any licensed operator of a foreign employee dormitory and any foreign employee.
(5)
No code of practice or standard of performance, and no amendment to, or revocation of, an approved code of practice or standard of performance, has any force or effect until the notice relating thereto is published in accordance with subsection (4).
(6)
A code of practice or standard of performance issued or approved under this section does not have legislative effect.
(7)
Subject to subsection (8), every licensed operator must comply with the relevant codes of practice and standards of performance applicable to the licensed operator.
(8)
The Commissioner may, either generally or for such time as the Commissioner may specify, waive the application of any code of practice or standard of performance, or part thereof, issued or approved under this section to any licensed operator.
(9)
Any contravention of, or failure to comply by a person with, a code of practice or standard of performance that applies to the person does not of itself render the person liable to criminal proceedings, but any such contravention or failure to comply may, in any proceedings (criminal or otherwise under this Act) in connection with an offence under this Act, be relied on by any party to those proceedings as tending to establish or negative any liability which is in question in those proceedings.