Singapore legislation
Clause 34
Clause 34
Cancellation or suspension of designation and financial penalty
(1)
Where a designated insurer fails to comply with section 32(1), the Commissioner may do all or any of the following:
cancel or suspend the designation of the designated insurer for a period specified by the Commissioner;
order the designated insurer to pay a financial penalty of an amount not exceeding $30,000 for each such failure that is not an offence under this Act;
give a direction to the designated insurer not to enter into, renew or extend any approved policy for a specified period.
(2)
The Commissioner must, before taking any action under subsection (1), give notice to the designated insurer concerned —
stating the action that the Commissioner intends to take; and
specifying the time within which the designated insurer may make written representations to the Commissioner with respect to the proposed action.
(3)
Where a designated insurer makes any representations under subsection (2)(b), the Commissioner must consider the representations and notify the designated insurer of the Commissioner’s decision.
(4)
The order under subsection (1)(b) must specify the date by which the financial penalty is to be paid.
(5)
A person who fails to pay any financial penalty imposed under this section by the date specified under subsection (4) is liable to pay interest on the amount unpaid at the same rate as for a judgment debt.
(6)
Any financial penalty or interest payable under this section is recoverable by the Commissioner, or any person duly authorised by the Commissioner, as a debt due to the Government.
(7)
The Commissioner may waive or remit the whole or any part of any financial penalty imposed, or interest due, under this section.
(8)
Any financial penalty or interest collected under this section must be paid into the Consolidated Fund.
(9)
In any proceedings for the recovery of any financial penalty or interest due on any financial penalty, a certificate of the Commissioner certifying the amount mentioned in paragraph (a) or (b) is prima facie evidence of, as the case may be —
the amount of the financial penalty; or (b)the amount of interest due on the financial penalty.
(10)
A designated insurer who is aggrieved by a decision of the Commissioner under subsection (1) may, within the prescribed time, appeal to the Minister whose decision is final.