Clause 3

by inserting, immediately after subsection (3), the following subsections:“(3A) 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 worker was a foreigner unless the defendant further proves that he had exercised due diligence to ascertain the nationality of the worker.(3B) For the purpose of subsection (3A), a defendant shall not be deemed to have exercised due diligence unless he had checked the passport, document of identity or other travel document of the worker.”;

by deleting paragraph (b) of subsection (4) and substituting the following paragraph:“(b)on a second or subsequent conviction, be punished —

in the case of an individual, with imprisonment for a term of not less than one month and not more than one year and shall also be liable to a fine of an amount of not less than 24 months’ levy and not more than 48 months’ levy; and

in the case of a body corporate, with a fine of an amount of not less than 48 months’ levy and not more than 96 months’ levy.”;

by deleting the words “found to be working” in the third line of paragraph (a) of subsection (5) and substituting the words “first employed by the defendant”;

by deleting subsection (6); and

by deleting subsection (8) and substituting the following subsections:“(8) For the purpose of subsection (4)(b), all convictions against the same person for the contravention of subsection (1) at one and the same trial shall be deemed to be one conviction.(9) For the purpose of this section, “employ” means to engage or use the service of any person, whether under a contract of service or otherwise, with or without salary.”.