18. Subject to regulation 19, if the Director is satisfied that —
(a)
any approved test provider is contravening or not complying with, or has contravened or failed to comply with any of the conditions of approval;
(b)
an approved test provider is providing the service involving the performing of a regulated activity authorised by its approval —
(i)
in an unsafe manner;
(ii)
in contravention of the requirements in regulation 10, 11, 15, 16 or 17; or
[S 767/2021 wef 11/10/2021]
(iii)
in a way that does not advance or significantly hinders the purpose of preventing, protecting against, delaying or otherwise controlling the incidence or transmission of COVID‑19 in Singapore;
[S 591/2021 wef 10/08/2021]
(c)
an approved test provider is convicted of any offence under these Regulations or the Act committed during the term of the approval as an approved test provider;
(d)
an approval had been obtained by fraud or misrepresentation; or
(e)
the public interest of Singapore requires,
the Director may (without any compensation) suspend, for a period not exceeding 2 months, or revoke the approval as an approved test provider.
Proceedings for regulatory action
19.—(1) Before exercising any powers under regulation 18, the Director must give written notice to the approved test provider concerned —
(a)
stating that the Director intends to take regulatory action against the approved test provider;
(b)
specifying the type of action in regulation 18 that the Director proposes to take, and each instance of contravention or non-compliance that is the subject of the action; and
(c)
specifying the time (being not less than 5 working days after the date of service of notice on the approved test provider) within which written representations may be made to the Director with respect to the proposed action.
(2) The Director may, after considering any written representation under paragraph (1)(c), decide to take such regulatory action mentioned in regulation 18 as the Director considers appropriate.
(3) Where the Director has made any decision under paragraph (2) against any approved test provider, the Director must serve on the approved test provider concerned a notice of the Director’s decision.
(4) A decision to revoke any approval of an approved test provider which is specified in the notice given under paragraph (3) takes effect from the date on which that notice is given, or on such other date as may be specified in the notice.