§ 21 — Procedure for regulatory action against licensees, etc.

21.—(1) Before exercising any power under section 20, the Director-General must give notice to the licensee concerned —(a)

stating that the Director-General intends to take regulatory action against the licensee under section 20;[Act 11 of 2023 wef 01/05/2023]

(b)

specifying the type of regulatory action in section 20(2) or (3A) the Director-General proposes to take, and each instance of contravention or non-compliance that is the subject of the proposed action or the reason or reasons for the proposed regulatory action; and[Act 11 of 2023 wef 01/05/2023]

[Act 11 of 2023 wef 26/06/2023]

(c)

specifying the time (being not less than 14 days after the date the notice is served on the licensee) within which written representations may be made to the Director-General with respect to the proposed regulatory action.[Act 11 of 2023 wef 01/05/2023]

(2) The Director-General may decide to take the appropriate regulatory action in section 20(2) or (3A) —(a)

after considering any written representation made to the Director-General pursuant to the notice mentioned in subsection (1); or[Act 11 of 2023 wef 01/05/2023]

(b)

after the time specified in the notice under subsection (1)(c), where no representation is so made or any written representation made is subsequently withdrawn.[Act 11 of 2023 wef 01/05/2023]

[Act 11 of 2023 wef 26/06/2023]

(3) However, subsection (2) does not apply where the licensee has died, is adjudged bankrupt, has been dissolved or wound up or has otherwise ceased to exist.

(4) Where the Director-General decides under section 20(2) or (3A) to take regulatory action against a licensee, the Director-General must serve on the licensee a notice of the decision.[Act 11 of 2023 wef 01/05/2023]

[Act 11 of 2023 wef 26/06/2023]

(5) A decision by the Director-General under section 20(2) or (3A) takes effect only when the Director-General serves the notice in subsection (4) on the licensee concerned, or on a later date specified in the notice. [Act 11 of 2023 wef 01/05/2023]

[Act 11 of 2023 wef 26/06/2023]

(6) Any revocation, or shortening of the term, of any licence, or any direction issued under this section, does not affect —(a)

the enforcement by any person of any right or claim against the licensee or former licensee, as the case may be; or

(b)

the enforcement by the licensee or former licensee (as the case may be) of any right or claim against any person.

(7) Where any financial penalty is imposed on a licensee under section 20(2)(b)(viii) or (3A)(b)(v) for contravening or not complying with any matter in section 20(1)(b) or (3)(a), any security deposit given by the licensee under section 19 or 20(2)(b)(iii) to secure compliance by the licensee with the matter must not be forfeited by the Director-General for that contravention or non‑compliance except to the extent necessary to pay the financial penalty.[Act 11 of 2023 wef 01/05/2023]

[Act 11 of 2023 wef 26/06/2023]

(8) A licensee that fails to pay any amount of a financial penalty imposed under section 20(2)(b)(viii) or (3A)(b)(v) within the period specified for payment by the Director-General under that sub‑paragraph is liable to pay interest at the same rate as for a judgment debt on the unpaid amount.[Act 11 of 2023 wef 01/05/2023]

[Act 11 of 2023 wef 26/06/2023]

(9) If the financial penalty imposed under section 20(2)(b)(viii) or (3A)(b)(v) in relation to any regulatory action taken by the Director-General exceeds the total amount of the security deposit placed by the licensee under sections 19 and 20(2)(b)(iii), the amount of the excess is a debt due to the Government.[Act 11 of 2023 wef 01/05/2023]

[Act 11 of 2023 wef 26/06/2023]

(10) All financial penalties collected under section 20 must be paid into the Consolidated Fund.

—(1) Before exercising any power under section 20, the Director-General must give notice to the licensee concerned —(a)

stating that the Director-General intends to take regulatory action against the licensee under section 20;[Act 11 of 2023 wef 01/05/2023]

(b)

specifying the type of regulatory action in section 20(2) or (3A) the Director-General proposes to take, and each instance of contravention or non-compliance that is the subject of the proposed action or the reason or reasons for the proposed regulatory action; and[Act 11 of 2023 wef 01/05/2023]

[Act 11 of 2023 wef 26/06/2023]

(c)

specifying the time (being not less than 14 days after the date the notice is served on the licensee) within which written representations may be made to the Director-General with respect to the proposed regulatory action.[Act 11 of 2023 wef 01/05/2023]

(2) The Director-General may decide to take the appropriate regulatory action in section 20(2) or (3A) —(a)

after considering any written representation made to the Director-General pursuant to the notice mentioned in subsection (1); or[Act 11 of 2023 wef 01/05/2023]

(b)

after the time specified in the notice under subsection (1)(c), where no representation is so made or any written representation made is subsequently withdrawn.[Act 11 of 2023 wef 01/05/2023]

[Act 11 of 2023 wef 26/06/2023]

(3) However, subsection (2) does not apply where the licensee has died, is adjudged bankrupt, has been dissolved or wound up or has otherwise ceased to exist.

(4) Where the Director-General decides under section 20(2) or (3A) to take regulatory action against a licensee, the Director-General must serve on the licensee a notice of the decision.[Act 11 of 2023 wef 01/05/2023]

[Act 11 of 2023 wef 26/06/2023]

(5) A decision by the Director-General under section 20(2) or (3A) takes effect only when the Director-General serves the notice in subsection (4) on the licensee concerned, or on a later date specified in the notice. [Act 11 of 2023 wef 01/05/2023]

[Act 11 of 2023 wef 26/06/2023]

(6) Any revocation, or shortening of the term, of any licence, or any direction issued under this section, does not affect —(a)

the enforcement by any person of any right or claim against the licensee or former licensee, as the case may be; or

(b)

the enforcement by the licensee or former licensee (as the case may be) of any right or claim against any person.

(7) Where any financial penalty is imposed on a licensee under section 20(2)(b)(viii) or (3A)(b)(v) for contravening or not complying with any matter in section 20(1)(b) or (3)(a), any security deposit given by the licensee under section 19 or 20(2)(b)(iii) to secure compliance by the licensee with the matter must not be forfeited by the Director-General for that contravention or non‑compliance except to the extent necessary to pay the financial penalty.[Act 11 of 2023 wef 01/05/2023]

[Act 11 of 2023 wef 26/06/2023]

(8) A licensee that fails to pay any amount of a financial penalty imposed under section 20(2)(b)(viii) or (3A)(b)(v) within the period specified for payment by the Director-General under that sub‑paragraph is liable to pay interest at the same rate as for a judgment debt on the unpaid amount.[Act 11 of 2023 wef 01/05/2023]

[Act 11 of 2023 wef 26/06/2023]

(9) If the financial penalty imposed under section 20(2)(b)(viii) or (3A)(b)(v) in relation to any regulatory action taken by the Director-General exceeds the total amount of the security deposit placed by the licensee under sections 19 and 20(2)(b)(iii), the amount of the excess is a debt due to the Government.[Act 11 of 2023 wef 01/05/2023]

[Act 11 of 2023 wef 26/06/2023]

(10) All financial penalties collected under section 20 must be paid into the Consolidated Fund.