Section 31
Offence for licensed employment agencies to make certain applications
of Employment Agencies Act 1958
(1)
If any employment agency personnel of a licensee makes any application to the Controller of Work Passes appointed under section 3 of the Employment of Foreign Manpower Act 1990, which application is required under that Act, on behalf of —
any person who has not obtained a licence as required under section 6; or
any person whom the employment agency personnel knows or ought reasonably to know has been directed by the Commissioner under section 11(4) not to make any such application,the licensee and the employment agency personnel shall each be guilty of an offence.
(2)
Any person guilty of an offence under subsection (1) shall be liable on conviction —
to a fine not exceeding $80,000 or to imprisonment for a term not exceeding 2 years or to both; and
in respect of a second or subsequent offence, to a fine not exceeding $160,000 or to imprisonment for a term not exceeding 4 years or to both.
(3)
In any proceedings for an offence under subsection (1), it is not a defence for a defendant to prove that the defendant did not know that the person has not obtained a licence as required under section 6 unless the defendant further proves that the defendant had exercised due diligence to ascertain the status of that person.
(4)
For the purpose of subsection (3), a defendant is not to be deemed to have exercised due diligence unless the defendant had verified, in such manner as may be prescribed, that the person mentioned in that subsection has obtained a licence as required under section 6.[22B