Employment of Foreign Manpower (Infringement and Appeal Board Proceedings) Regulations 2013

Any person who —

A Commissioner or an Appeal Board may by oral order exclude from a sitting any person whose behaviour in the opinion of the Commissioner or the Appeal Board (as the case may be) constitutes an offence under paragraph (1) whether or not such person is charged with the offence.

In this regulation, “sitting” means —

No person shall use any sound or visual recording or transmitting device —

Any person who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

For the purpose of any inquiry into an alleged prescribed infringement, the Commissioner may hold a pre-inquiry conference to settle any administrative matter in relation to the inquiry where the Commissioner considers it appropriate to do so.

The Commissioner may —

At a pre-inquiry conference, the Commissioner may do all or any of the following:

Pursuant to section 25C(2)(c) of the Act, the Commissioner may at any time order the Respondent to give discovery of the documents or articles which are or have been in the Respondent’s possession, custody or power.

Where an order for discovery is made, the Respondent remains under a duty to give discovery of all documents or articles falling within the scope of the order until the proceedings for the prescribed infringement are concluded.

If the Respondent fails to comply with an order for discovery under paragraph (1), the Commissioner may do all or any of the following:

If an inquiry is to be conducted by the Commissioner into an alleged prescribed infringement, it shall be held on such date, time and place as the Commissioner may determine.

The Commissioner shall cause a notice of the inquiry to be served on the Respondent and in the notice call upon the Respondent to produce all evidence and witnesses which the Respondent wishes to tender at the inquiry.

Notwithstanding the Commissioner’s power to make his determination in the absence of any person who has failed to attend any inquiry when duly summoned by the Commissioner, the Commissioner may adjourn the inquiry to a later date if the Commissioner is satisfied that the person had a reasonable excuse for being absent.

If on the day and at the time fixed for an inquiry (including any continuation of an inquiry following an adjournment), any of the Respondent’s witnesses fails to appear, the Commissioner may proceed with the inquiry and make a determination in the absence of the witness.

Notwithstanding paragraph (1), or the Commissioner’s power under section 25C(5) of the Act to make a determination in the absence of a person summoned to attend at an inquiry, the Commissioner may adjourn the inquiry to a later date if the Commissioner is satisfied that the Respondent’s witness or any person summoned by the Commissioner had a reasonable excuse for being absent.

The Commissioner has the sole power to examine any witness, including the Respondent, at an inquiry.

The Commissioner may, in his discretion, allow the Respondent to cross-examine any witness and —

The Respondent is allowed to adduce evidence of any attempt to rectify a prescribed infringement, which the Commissioner may take into account in arriving at his determination.

The Commissioner may admit as evidence any statement of the Respondent or any witness, in part or in whole, after confirming with the Respondent or witness that the statement was voluntarily made.

A party may not offer further evidence after closing that party’s case, except that the Commissioner may, before making a determination under section 25C of the Act, admit further evidence and consider further argument on that evidence if in the Commissioner’s opinion —

Where the Commissioner has made a determination after the conclusion of an inquiry, the Commissioner shall give the respondent a written notice of the determination.

The Commissioner may rectify a clerical error, or any other error, in a determination (including an error as to the amount of any financial penalty or an error in a direction under section 25B of the Act that is included in the determination) by the next working day after the Respondent has been informed of the determination.

If the Commissioner has informed an aggrieved person of his decision on a review application, the Commissioner may refuse to consider any further review application in respect of the same matter if the Commissioner considers that the further review application contains no new ground of appeal or raises no new issue.

If, in respect of the same determination or decision of the Commissioner —

If, in respect of the same determination or decision of the Commissioner, an aggrieved person —

In this regulation —

A notice of appeal lodged by an Appellant under section 25G(1) of the Act must be accompanied by the fee specified in the Schedule.

A copy of the notice of appeal referred to in paragraph (1) must be served on the Commissioner within the time limited for lodging an appeal under section 25G(1) of the Act.

Where an appeal has been lodged against a determination or direction of the Commissioner, the Commissioner who made the determination or gave the direction appealed against shall certify in writing —

The Commissioner shall file a copy of the record of proceedings with the secretary to the Appeal Board.

The secretary to the Appeal Board shall —

Subject to paragraph (2), an Appellant’s appeal to the Appeal Board shall be treated as discontinued if —

The Appellant’s appeal shall not be treated as discontinued if the Appeal Board is satisfied that the Appellant had a reasonable excuse for the failure to comply or failure to pay.

Whether or not the Appeal Board has met during the course of an appeal, the Appeal Board may, if it thinks fit, consider and determine an appeal by circulation of papers amongst the members of the Appeal Board.

A determination of the Appeal Board in writing made by the Chairman and not less than 2 other members of the Appeal Board under paragraph (1) —

Papers may be circulated among the members of the Appeal Board for the purposes of this regulation by facsimile or electronic transmission of the information of the papers concerned or by such other method as the Appeal Board may determine.