Singapore legislation

Clause 61

of Work Injury Compensation Bill

Clause 61

Offence for failing to pay or deposit compensation, etc., and recovery on conviction

(1)

A person who fails to pay the whole or any part of the compensation payable by that person in accordance with this Act (including section 18(2) or 19(1)), or to do so within the time required by or under this Act, shall be guilty of an offence and shall be liable on conviction —

(a)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

if the person is a repeat offender, to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both.

(2)

A person is a repeat offender in relation to an offence under subsection (1) if the person who is convicted of an offence under that subsection has been convicted on at least one other earlier occasion of —

(a)

an offence under subsection (1); or

(b)

an offence under section 35(2)(a) of the repealed Act, whether the conviction was before, on or after the date of commencement of this section.

(3)

A person who fails to deposit with the Commissioner the whole or any part of the interest payable by that person under section 59, or to do so within the time required under that section, shall be guilty of an offence and shall be liable on conviction —

(a)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

if the person is a repeat offender, to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both.

(4)

A person is a repeat offender in relation to an offence under subsection (3) if the person who is convicted of an offence under that subsection has been convicted on at least one other earlier occasion of —

(a)

an offence under subsection (3); or

(b)

an offence under section 35(2)(b) of the repealed Act, whether the conviction was before, on or after the date of commencement of this section.

(5)

A person who fails to deposit with the Commissioner the whole or any part of an amount that the person is directed to deposit under section 21, or to do so within the time required under that section, shall be guilty of an offence and shall be liable —

(a)

on the first conviction — to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both; and

(b)

on a second or subsequent conviction — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both.

(6)

On the application of the Commissioner, the court before which any person is convicted of an offence under subsection (1), (3) or (5) for failing to pay or deposit any amount may, in addition to imposing the penalty prescribed for the offence, order that person to pay the amount directly to the person to whom the amount is due or deposit (as the case may be) the amount that remains unpaid or undeposited by that person.

(7)

Where a court has ordered any amount to be paid or deposited under subsection (6), section 360 of the Criminal Procedure Code (Cap. 68) applies as if the amount were a sum of money ordered to be paid by way of compensation under section 359 of that Code.