Singapore legislation
Clause 59
Clause 59
Reconsideration of Commissioner’s decision, Part 5 direction or order following non‑compliance
(1)
Subject to subsection (6), on receiving an application for reconsideration made under section 58(1), the Commissioner must, within a reasonable time —
in all cases — affirm, revoke or vary the initial decision, direction or order as the Commissioner thinks fit;
where the application under section 58(1) is in respect of a Part 5 direction — substitute the Part 5 direction which is the subject of the application with a Part 5 direction of a different type which is more appropriate; or
where the application under section 58(1) is in respect of an order following non‑compliance — substitute the order following non‑compliance which is the subject of the application with an order following non‑compliance of a different type which is more appropriate.
(2)
Upon making a determination under subsection (1), the Commissioner must inform the applicant of the result of the reconsideration within a reasonable time.
(3)
To avoid doubt, where the initial decision is a decision not to give a Part 5 direction, a revocation of that decision under subsection (1)(a) means that the Commissioner must give a Part 5 direction.
(4)
In making a determination under subsection (1), the Commissioner may take into account any information or event, whether arising before or after the date of the making of the initial decision, direction or order being reconsidered, whether or not the matter was included as part of the applicant’s reasons for requesting reconsideration.
(5)
After an applicant has been informed under subsection (2) of the result of the reconsideration, the applicant may not apply for a further reconsideration of that result.
(6)
The Commissioner may dismiss any application for reconsideration made under section 58(1) without reconsidering the initial decision, direction or order sought to be reconsidered, if the Commissioner is satisfied that the application —
is not made in accordance with any requirement in section 58(2);
is trivial, frivolous or vexatious; or
is not made in good faith.