Foreign Employee Dormitories Act 2015 · 2020 Revised Edition · Part 2 · Licensing of Foreign Employee Dormitory Operators
15. Business restriction directive
Feedback & supportA business restriction directive may include a direction to a licensed operator to do one or more of the following:
business restriction directive
“business restriction directive” means the regulatory action mentioned in section 14(2)(b)(iii);
not to enter into an occupancy agreement for the purpose of any foreign employee becoming a new resident of the boarding premises specified in the licensed operator’s licence;
not to enter into, or renew or extend, an occupancy agreement that enables a foreign employee to continue as a resident of the boarding premises specified in the licensed operator’s licence;
not to enter into, or renew or extend, an occupancy agreement mentioned in paragraph (a) or (b) except in accordance with such terms as the Commissioner may specify;
not to accept anyone as a new resident of the boarding premises specified in the licensed operator’s licence;
not to allow anyone to continue as a resident of the boarding premises specified in the licensed operator’s licence if the occupancy agreement for that individual expires or lapses;
to inform the proprietor of the boarding premises specified in the licensed operator’s licence of any direction in paragraph (a), (b), (c), (d) or (e) given to the licensed operator, where the licensed operator is not also the proprietor.
Any purported entry, renewal or extension of an occupancy agreement in contravention of a business restriction directive is void and of no effect.
occupancy agreement
“occupancy agreement”, in relation to boarding premises, means an agreement (written or unwritten) —(a)to which a proprietor or an operator of the boarding premises (or a person acting on behalf of the operator) is a party; and(b)under which a foreign employee is provided one or more beds or rooms, or spaces within a room, in the boarding premises to occupy as a resident of those premises;
A licensed operator that, without reasonable excuse, contravenes or fails to comply with a requirement imposed by a business restriction directive shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both.
licensed operator
“licensed operator” means the person to whom a valid licence is granted under section 9(1)(a);