Employment Agencies (Amendment) Bill

Bill No. 4/1984

Read the first time on 17th January 1984.

An Act to amend the Employment Agencies Act (Chapter 244 of the Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act may be cited as the Employment Agencies (Amendment) Act 1984 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Repeal and re-enactment of sections 6 and 7

2. Sections 6 and 7 of the Employment Agencies Act (referred to in this Act as the principal Act) are repealed and the following sections substituted therefor:

“Persons carrying on an employment agency to be licensed

6.—(1) No person shall carry on an employment agency unless he is the holder of a licence from the Commissioner authorising him to carry on such an agency.

(2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000, and in the case of a second or subsequent conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.

Application for licence

7.—(1) Any person who desires to obtain a licence shall make an application to the Commissioner in such form as the Commissioner may require.

(2) Upon receiving an application under subsection (1) the Commissioner shall consider the application and may grant a licence with or without conditions or refuse to grant a licence.

(3) The Commissioner may at any time vary or revoke any of the existing conditions of a licence or impose new conditions.

Security

7A.—(1) The Commissioner may, before granting a licence, require the applicant to give such security as may be prescribed.

(2) Any sum deposited under this section may be forfeited in whole or in part at the discretion of the Commissioner on the revocation of the licence under section 7D.

Licence fee

7B. Every licensee shall pay such licence fee as may be prescribed.

Period for which licence is in force

7C. Unless revoked under section 7D, a licence shall continue in force for one year from the date of issue of the licence.

Revocation of a licence

7D.—(1) The Commissioner may revoke a licence if he is satisfied that the licensee —

(a)	is contravening or has contravened any of the provisions of this Act or any rules made thereunder;
(b)	has failed to comply with any of the conditions of his licence;
(c)	has carried on or is carrying on an employment agency in a manner likely to be detrimental to the interests of his clients; or
(d)	has ceased to carry on an employment agency for which he has been licensed or, if the licensee is a company, goes into liquidation or is wound up or otherwise dissolved.

(2) The Commissioner shall, before revoking any licence under subsection (1), give the licensee concerned notice in writing of his intention to do so, specifying a date, not less than 21 days after the date of the notice, upon which such revocation shall take effect and calling upon the licensee to show cause to the Commissioner why such licence should not be revoked.

(3) When the Commissioner has revoked a licence under subsection (1), he shall forthwith inform the person concerned by notice in writing of such revocation.

(4) An order of revocation shall not take effect until the expiration of 14 days after the order has been served on the licensee.

(5) If within the period stated in subsection (4) the licensee gives due notice of appeal to the Minister, the order of revocation shall not take effect unless the order is confirmed by the Minister or the appeal is withdrawn.

Effect of revocation

7E.—(1) Where an order of revocation becomes effective under section 7D, the licensee concerned shall forthwith cease to carry on the employment agency.

(2) Subsection (1) shall not prejudice the enforcement by any person of any right or claim against the licensee concerned or by the licensee concerned of any right or claim against any person arising out of or concerning any matter or thing done prior to the revocation of the licence.

Appeals

7F. Any person who is aggrieved by the refusal of the Commissioner to grant a licence or by a decision of the Commissioner to revoke a licence may, within 14 days of the date of receipt of the notice of such refusal or revocation, appeal in writing to the Minister whose decision shall be final.”.

Amendment of section 12

3. Section 12 of the principal Act is amended by deleting the words “five hundred dollars” in subsection (5) and substituting “$2,000”.

Repeal and re-enactment of section 16

4. Section 16 of the principal Act is repealed and the following section substituted therefor:

“Furnishing false particulars in application

16. Any person who in any application for a licence makes any statement which is false in any material particular shall be guilty of an offence under this Act.”.

Amendment of section 18

5. Section 18 of the principal Act is amended —

(a)	by deleting the words “five hundred dollars” in the fifth line of subsection (1) and substituting “$2,000”;
(b)	by deleting the words “one thousand dollars” in the sixth and seventh lines of subsection (1) and substituting “$5,000”; and
(c)	by deleting the words “two thousand dollars” in the third line of subsection (2) and substituting “$5,000”.

Amendment of section 23

6. Section 23 of the principal Act is amended by deleting paragraph (h) and substituting the following paragraphs:

“(h)	penalties for any contravention or failure to comply with any of the provisions of any rule made under this section except that no such penalty shall exceed $1,000 in the case of a first offence or $2,000 or 6 months’ imprisonment or both in the case of a second or subsequent offence;
(i)	the kind and amount of security required to be given under this Act.”.

Search within Legislation