Singapore legislation
Clause 32
Clause 32
Immediate regulatory action against licensee
(1)
Despite section 31, the Director‑General may make an interim order against a licensee where —
the licensee is charged for or convicted of any of the following offences committed during the term of the licence:
any offence under this Act;
an offence specified in the First Schedule to the Registration of Criminals Act 1949;
an offence, whether in Singapore or elsewhere, involving dishonesty or the conviction for which involved a finding that the licensee had acted dishonestly;
an offence specified in the Second Schedule,and the Director‑General is of the opinion that it is undesirable in the public interest for the licensee to continue to operate a licensable SRH; or
the licensee is contravening or not complying with, or has contravened or failed to comply with —
any condition of the licensee’s licence;
any provision of this Act, the contravention of which is not an offence under this Act; or
any provision of a code of practice applicable to the licensee,and the Director‑General —
has reasonable grounds to believe that there is, as a result, a serious and imminent threat or risk to the safety of the residents of the licensable SRH operated by the licensee; and
is satisfied that it is impracticable in the circumstances of the particular case for the Director‑General to complete any regulatory action in accordance with section 31 to address the default mentioned in sub‑paragraph (i), (ii) or (iii) because of the threat or risk mentioned in sub‑paragraph (iv).
(2)
An interim order made under subsection (1) —
may —
suspend the licence; or
where subsection (1)(b) applies, require the licensee concerned (according to the circumstances of the case) to do, or to refrain from doing, for a specified period, anything specified in the interim order or of a description specified in the interim order, for or in respect of any matter necessary or desirable to rectify any contravention or non‑compliance mentioned in that provision or that constitutes the ground for this regulatory action; and
may be cancelled at any time by the Director‑General.
(3)
An interim order made under subsection (1) takes effect at any time, being the earliest practicable time, that is determined by or under that interim order and continues in force until either of the following occurs, unless earlier confirmed under subsection (5):
the expiry date (if any) stated in the interim order is reached, which must not exceed 90 days;
the Director‑General cancels the interim order before the expiry date.
(4)
Before confirming any interim order made under subsection (1), the Director‑General must give written notice to the licensee concerned —
stating that the Director‑General intends to confirm the interim order; and
specifying the period (being at least 7 days after the date of service of the written notice on the licensee) within which written representations may be made to the Director‑General with respect to the proposed confirmation.
(5)
The Director‑General may decide to confirm or not to confirm the interim order (with or without modification) as the Director‑General considers appropriate —
after considering any written representation made to the Director‑General pursuant to the written notice in subsection (4); or
after the period specified in the written notice under subsection (4)(b) lapses, where no written representation is made or any written representation made is subsequently withdrawn.
(6)
The Director‑General must serve on the licensee concerned a written notice of the Director‑General’s decision under subsection (5).
(7)
Every licensee must comply with every interim order given under this section to the licensee as soon as the interim order takes effect.