Clause 9

by deleting the words “section 9, 12A or 22” wherever they appear in subsection (1) (other than in paragraph (b) of that subsection) and substituting in each case the words “section 9, 10A or 12A”;

by deleting paragraph (b) of subsection (1) and substituting the following paragraph:“(b)the Government may —

where it has reimbursed the employer under section 10, 10A or 12A, as the case may be, for the whole or any part of the payment to the female employee, recover the payment or part thereof from the employee as a civil debt; or

where the payment is made to a self-employed woman, recover the payment from her as a civil debt.”; and

by deleting subsection (2) and substituting the following subsections:“(2) Where the Government is satisfied that an employer, despite all reasonable efforts to recover under subsection (1)(a) from his female employee any payment he made under section 9, 10A or 12A to the employee, has been unable to recover the whole or any part of the payment successfully, the Government shall reimburse the employer under section 10, 10A or 12A, as the case may be, for the payment or part thereof not recovered by the employer.(3) Where any payment has been made by an employer to an employee under section 12B by reason of a mistake of fact, in reliance on any false or misleading statement or document made or furnished by the employee, or for any childcare leave taken by the employee in any relevant period which is in excess of the childcare leave to which the employee is entitled under that section for that relevant period —

the employer may, if he has not been reimbursed by the Government for the payment to the employee under that section, recover the payment directly from the employee; and

the Government may, where it has reimbursed the employer under section 12C for the whole or any part of the payment to the employee, recover the payment or part thereof from the employee as a civil debt.(4) Where the Government is satisfied that an employer, despite all reasonable efforts to recover under subsection (3)(a) from his employee any payment he made under section 12B to the employee, has been unable to recover the whole or any part of the payment successfully, the Government shall reimburse the employer under section 12C for the payment or part thereof not recovered by the employer.(5) Where any payment has been made by the Government to a self-employed person under section 12B by reason of a mistake of fact or in reliance on any false or misleading statement or document made or furnished by that person, the Government may recover that payment from that person as a civil debt.(6) Where the Government has reimbursed an employer under section 10, 10A, 12A or 12C for any payment made by the employer to his employee, and the employer recovers the same payment or any part thereof directly from his employee under subsection (1)(a) or (3)(a), as the case may be —

the employer shall refund to the Government the amount of the payment or part thereof recovered from his employee within one month from the later of the following dates:

the date the payment or part thereof is recovered from his employee; or

the date he receives the amount reimbursed; and

if the employer fails to do so, the Government may recover the amount reimbursed from the employer as a civil debt.(7) Any employer who contravenes subsection (6)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000.(8) Notwithstanding anything in section 12B, where any amount has been paid by an employer to an employee under that section, and the Government has refused under section 12C(3) or (4) to reimburse the employer for that amount —

the employer may recover that amount directly from the employee; and

the recovery of that amount by the employer shall not be treated as a contravention of section 12B(9).”.