Singapore legislation
Clause 21
Clause 21
Procedure for regulatory action against licensees, etc.
(1)
Before exercising any power under section 20, the Director must give notice to the licensee concerned —
stating that the Director intends to take regulatory action against the licensee under section 20;
specifying the type of regulatory action in section 20(2) the Director proposes to take, and each instance of contravention or non-compliance that is the subject of the proposed action or the reason or reasons for the proposed regulatory action; and
specifying the time (being not less than 14 days after the date the notice is served on the licensee) within which written representations may be made to the Director with respect to the proposed regulatory action.
(2)
The Director may decide to take the appropriate regulatory action in section 20(2) —
after considering any written representation made to the Director pursuant to the notice mentioned in subsection (1); or
after the time specified in the notice under subsection (1)(c), where no representation is so made or any written representation made is subsequently withdrawn.
(3)
However, subsection (2) does not apply where the licensee has died, is adjudged bankrupt, has been dissolved or wound up or has otherwise ceased to exist.
(4)
Where the Director decides under section 20(2) to take regulatory action against a licensee, the Director must serve on the licensee a notice of the decision.
(5)
A decision by the Director under section 20(2) takes effect only when the Director serves the notice in subsection (4) on the licensee concerned, or on a later date specified in the notice.
(6)
Any revocation, or shortening of the term, of any licence, or any direction issued under this section, does not affect —
the enforcement by any person of any right or claim against the licensee or former licensee, as the case may be; or (b)the enforcement by the licensee or former licensee (as the case may be) of any right or claim against any person.
(7)
Where any financial penalty is imposed on a licensee under section 20(2)(b)(viii) for contravening or not complying with any matter in section 20(1)(b), any security deposit given by the licensee under section 19 or 20(2)(b)(iii) to secure compliance by the licensee with the matter must not be forfeited by the Director for that contravention or non‑compliance except to the extent necessary to pay the financial penalty.
(8)
A licensee that fails to pay any amount of a financial penalty imposed under section 20(2)(b)(viii) within the period specified for payment by the Director under that sub‑paragraph is liable to pay interest at the same rate as for a judgment debt on the unpaid amount.
(9)
If the financial penalty imposed under section 20(2)(b)(viii) in relation to any regulatory action taken by the Director exceeds the total amount of the security deposit placed by the licensee under sections 19 and 20(2)(b)(iii), the amount of the excess is a debt due to the Government.
(10)
All financial penalties collected under section 20 must be paid into the Consolidated Fund.