Clause 21

Any person who, directly or indirectly, engages or uses the services of a person who has not obtained a licence as required under section 6 in connection with the employment of any person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 for each employee engaged through that person who has not so obtained a licence.(2) 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 person has not obtained a licence as required under section 6 unless the defendant further proves that he had exercised due diligence to ascertain the status of such person.(3) For the purpose of subsection (2), a defendant shall not be deemed to have exercised due diligence unless he had verified, in such manner as may be prescribed, that the person referred to in that subsection has obtained a licence as required under section 6.Offence for licensed employment agencies to make certain applications22B.—

If any employment agency personnel of a licensee makes any application to the Controller of Work Passes appointed under section 3 of the Employment of Foreign Manpower Act (Cap. 91A), which application is required under that Act, on behalf of —

any person who has not obtained a licence as required under section 6; or

any person whom the employment agency personnel knows or ought reasonably to know has been directed by the Commissioner under section 12(4) not to make any such application,the licensee and the employment agency personnel shall each be guilty of an offence.(2) Any person guilty of an offence under subsection (1) shall be liable on conviction —

to a fine not exceeding $80,000 or to imprisonment for a term not exceeding 2 years or to both; and

in respect of a second or subsequent offence, to a fine not exceeding $160,000 or to imprisonment for a term not exceeding 4 years or to both.(3) 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 person has not obtained a licence as required under section 6 unless the defendant further proves that he had exercised due diligence to ascertain the status of such person.(4) For the purpose of subsection (3), a defendant shall not be deemed to have exercised due diligence unless he had verified, in such manner as may be prescribed, that the person referred to in that subsection has obtained a licence as required under section 6.Disqualification of key appointment holders or employment agency personnel22C.—

Notwithstanding the provisions of any other written law, any person who —

is an undischarged bankrupt;

has been convicted, whether in Singapore or elsewhere, of an offence involving dishonesty or the conviction for which involved a finding that he had acted dishonestly;

has been convicted, whether in Singapore or elsewhere, of an offence involving human trafficking; or

has been a director of, or directly concerned in the management of, an employment agency for which a licence is obtained under this Act and which licence has been revoked,shall not, without the consent in writing of the Commissioner, act or continue to act as a key appointment holder of any employment agency in Singapore.(2) Notwithstanding the provisions of any other written law, any employment agency personnel (not being a key appointment holder) who —

has been convicted, whether in Singapore or elsewhere, of an offence involving human trafficking; or

has been a director of, or directly concerned in the management of, an employment agency for which a licence is obtained under this Act and which licence has been revoked,shall not, without the consent in writing of the Commissioner, act or continue to act as an employment agency personnel of any employment agency in Singapore.(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.”.