Singapore legislation

Clause 90

Compliance with codes of practice and directives

(1)

Every employer of an Auxiliary Police Force shall comply with every relevant code of practice and directive issued under section 89(1) and (3), respectively.

(2)

The Commissioner may conduct an investigation if there are reasonable grounds for suspecting that —

(a)

any provision of this Part;

(b)

any part of any code of practice issued under section 89(1);

(c)

any directive issued under section 89(3); or

(d)

any condition of authorisation imposed under section 86(2) or (4),has been infringed, or is being or is likely to be infringed, by an employer of an Auxiliary Police Force.

(3)

Subject to section 89(5), where —

(a)

following an investigation conducted under subsection (2), the Commissioner considers that an employer is infringing, likely to infringe or has infringed any provision of this Part or of any code of practice, any directive issued under section 89(3) or any condition imposed under section 86(2) or (4);

(b)

the employer (other than the Government or a statutory body) has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;

(c)

the employer (other than the Government or a statutory body) has made any assignment to, or composition with, its creditors; or

(d)

the public interest or national security of Singapore so requires,the Commissioner may, in writing and without any liability for compensation, do all or any of the following:

(i)

direct that employer to comply with the provision of this Part or of any code of practice, any directive issued under section 89(3) or any condition imposed under section 86(2) or (4) or cease infringing that provision, directive or condition, as the case may be;

(ii)

specify any procedure or action to be observed or taken by that employer;

(iii)

require the employer to furnish performance bonds, banker’s guarantees and any other securities for such amounts and on such terms as the Commissioner sees fit;

(iv)

require that employer to modify or terminate any agreement, decision or concerted practice or any other conduct in question;

(v)

suspend for a period not exceeding 6 months —

(A)

the authorisation for the creation of the Auxiliary Police Force under section 86(1); or

(B)

any condition imposed under section 86(2) for any security activity carried out by the Auxiliary Police Force;

(vi)

revoke —

(A)

the authorisation for the creation of the Auxiliary Police Force under section 86(1); or

(B)

any condition imposed under section 86(2) for any security activity carried out by the Auxiliary Police Force; or

(vii)

impose on an employer (other than the Government) a financial penalty not exceeding —

(A)

$1 million for each act of infringement (whether continuing or not) of any provision of this Part or a code of practice; or

(B)

$50,000 for each act of infringement (whether continuing or not) of any directive issued under section 89(3) or a condition imposed under section 86(2) or (4); or

(viii)

impose such other direction or restriction as the Commissioner considers appropriate.

(4)

Any person who fails, without reasonable excuse, to comply with any direction given under subsection (3) shall be guilty of an offence.

(5)

Before the Commissioner does anything under subsection (3), the Commissioner shall —

(a)

give written notice to the employer likely to be affected by such action by the Commissioner; and

(b)

give such employer an opportunity to make representations to the Commissioner.

(6)

If any dispute arises from one or more provisions of a code of practice, the dispute shall, where it is so provided in such provisions, be determined by the Commissioner on the application for that purpose by any aggrieved person to the Commissioner.

(7)

Any person who is aggrieved by any act, direction or decision of the Commissioner under subsection (3) or (6) may, within 14 days of the date on which he is notified of the act, direction or decision, or such longer period as the Minister may allow, appeal to the Minister in the prescribed manner.

(8)

Unless otherwise provided or allowed by the Minister, where an appeal is lodged under subsection (7), the act, direction or decision appealed against shall be complied with until the determination of the appeal.

(9)

The Minister may confirm, vary or reverse the act, direction or decision of the Commissioner or give such directions in the matter as he thinks fit.

(10)

The decision of the Minister in any appeal under subsection (7) shall be final.

(11)

Any financial penalty payable by any person under subsection (3)(vii) shall be recoverable by the Commissioner as a debt due to the Government from that person; and the person’s liability to pay shall not be affected by any authorisation under section 86 for his Auxiliary Police Force ceasing (for any reason) to be in force.

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