25. The principal Act is amended by inserting, immediately after section 28, the following sections:“Offences by bodies corporate, etc. |
28A.—(1) Where an offence under this Act committed by a body corporate is proved —(a) | to have been committed with the consent or connivance of an officer; or | (b) | to be attributable to any neglect on his part, |
the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. |
(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate. |
(3) Where an offence under this Act committed by a partnership is proved —(a) | to have been committed with the consent or connivance of a partner; or | (b) | to be attributable to any neglect on his part, |
the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. |
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(4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —(a) | to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or | (b) | to be attributable to any neglect on the part of such an officer or a member, |
the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. |
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(5) In this section —“body corporate” includes a limited liability partnership; |
“officer” —(a) | in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or | (b) | in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity; |
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“partner” includes a person purporting to act as a partner. |
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(6) The Minister may make rules to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate, limited liability partnership or unincorporated association formed or recognised under the law of a territory outside Singapore. |
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28B. Any person who abets the commission of an offence under this Act shall be guilty of the offence and shall be liable on conviction to be punished with the punishment provided for that offence. |
28C.—(1) The Commissioner or any officer authorised in writing by the Commissioner may, in his discretion, compound any offence under this Act by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of either of the following amounts:(a) | one half of the amount of the maximum fine that is prescribed for the offence; or | (b) | $5,000. |
(2) On payment of such sum of money, no further proceedings shall be taken against that person in respect of the offence. |
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Protection from personal liability |
28D. No suit or other legal proceedings shall lie against the Commissioner or any public officer acting under the direction of the Commissioner for anything which is done with reasonable care and in good faith in the execution or purported execution of this Act. |
28E. Notwithstanding any provision to the contrary in the Criminal Procedure Code 2010 (Act 15 of 2010), a District Court shall have jurisdiction to try any offence under this Act and shall have power to impose the full penalty or punishment in respect of the offence. |
28F.—(1) The Commissioner may establish, maintain and cause to be published in such manner as he may determine, one or more registers in respect of —(a) | any person or employment agency, or any class thereof, exempted under section 4(2); | (b) | the holder of any licence granted under section 6, or any class thereof; | (c) | the employment agency personnel registered under section 12A(3), or any class thereof; or | (d) | such other information relating to employment agencies generally, or to any class of employment agencies, as the Commissioner may determine. |
(2) Rules may be made under section 29 to prescribe the manner in which the registers are established or maintained under subsection (1), including the details or particulars required to be entered in the registers. |
(3) Any person may, upon payment of a prescribed fee, inspect and take an extract from any register established under subsection (1). |
(4) Any extract taken under subsection (3), if certified by the Commissioner to be a true copy, shall be admissible as evidence in any legal proceedings.”. |
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