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Formal Consolidation |  2000 RevEd
Suspension or cancellation of licence, etc.
8.—(1)  If the Authority is satisfied that a person who is granted a licence under section 5 or any regulations made under this Act is contravening, or has contravened, whether by act or omission —
(a)any of the conditions of the licence or part thereof;
(b)any provision of any code of practice or standard of performance; or
(c)any direction of the Authority given under section 27,
the Authority may, by notice in writing, do either or both of the following:
(i)issue such written order to the person as it considers requisite for the purpose of securing compliance thereof;
(ii)require the payment, within a specified period, of a financial penalty of such amount not exceeding $1 million as it thinks fit.
(2)  Where the Authority is satisfied that the person mentioned in subsection (1) is again likely to so contravene, whether by act or omission, the Authority may (in lieu of an order or financial penalty under subsection (1)(i) or (ii) or both) by notice in writing and without any compensation, do all or any of the following:
(a)cancel the licence or part thereof;
(b)suspend the licence or part thereof for such period as it thinks fit;
(c)reduce the period for which the licence is to be in force.
(3)  Any person who is aggrieved by any decision of the Authority under subsection (1) may, within 14 days after such person has been given the notice in writing referred to in subsection (1), appeal to the Minister whose decision shall be final.
(4)  An order under subsection (1)(i) —
(a)shall require the person concerned (according to the circumstances of the case) to do, or not to do, such things as are specified in the order or are of a description so specified therein;
(b)shall take effect at such time, being the earliest practicable time, as is determined by or under that order; and
(c)may be revoked at any time by the Authority.
(5)  Any person who fails to comply with any order under subsection (1)(i) shall be guilty of an offence.
(6)  In any proceedings brought against any person for an offence under subsection (5), it shall be a defence for him to prove that he took all reasonable steps and exercised all due diligence to avoid contravening the order.
(7)  Any financial penalty payable by any person under subsection (1)(ii) shall be recoverable by the Authority as a debt due to the Authority from that person; and the person’s liability to pay shall not be affected by his licence ceasing (for any reason) to be in force.
Informal Consolidation | Amended Act 10 of 2005
Suspension or cancellation of licence, etc.
8.—(1)  If the Authority is satisfied that a person who is granted a licence under section 5 or any regulations made under this Act is contravening, or has contravened, whether by act or omission —
(a)any of the conditions of the licence or part thereof;
(b)any provision of any code of practice or standard of performance;
[Act 10 of 2005 wef 16/02/2005]
(c)any direction of the Authority given under section 27, 32D or 32F(2); or
[Act 10 of 2005 wef 16/02/2005]
(d)section 32B,
the Authority may, by notice in writing, do either or both of the following:
(i)issue such written order to the person as it considers requisite for the purpose of securing compliance thereof;
(ii)require the payment, within a specified period, of a financial penalty of such amount not exceeding $1 million as it thinks fit.
[Act 10 of 2005 wef 16/02/2005]
(2)  If the Authority is satisfied that —
(a)the person mentioned in subsection (1) is again likely to contravene, whether by act or omission, any condition, provision, direction or section referred to in that subsection;
(b)the person mentioned in subsection (1) has gone into liquidation other than for the purpose of amalgamation or reconstruction;
(c)the person mentioned in subsection (1) is no longer in a position to comply with this Act or the terms or conditions of his licence; or
(d)the public interest so requires,
the Authority may (in lieu of an order or a financial penalty under subsection (1)(i) or (ii)) by notice in writing and without payment of any compensation, do all or any of the following:
(i)cancel the licence or part thereof;
(ii)suspend the licence or part thereof for such period as it thinks fit;
(iii)reduce the period for which the licence is to be in force.
[Act 10 of 2005 wef 16/02/2005]
(3)  [Deleted by Act 10 of 2005 wef 16/02/2005]
(4)  An order under subsection (1)(i) —
(a)shall require the person concerned (according to the circumstances of the case) to do, or not to do, such things as are specified in the order or are of a description so specified therein;
(b)shall take effect at such time, being the earliest practicable time, as is determined by or under that order; and
(c)may be revoked at any time by the Authority.
(5)  Any person who fails to comply with any order under subsection (1)(i) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or to both.
[Act 10 of 2005 wef 16/02/2005]
(6)  In any proceedings brought against any person for an offence under subsection (5), it shall be a defence for him to prove that he took all reasonable steps and exercised all due diligence to avoid contravening the order.
(7)  Any financial penalty payable by any person under subsection (1)(ii) shall be recoverable by the Authority as a debt due to the Authority from that person; and the person’s liability to pay shall not be affected by his licence ceasing (for any reason) to be in force.