s 14P Suspension or revocation, etc., of free trade zone operator licences
14P.—(1) Subject to subsection (2) or (3), if the Director-General is satisfied that —(a) a licensed FTZ operator (called in this section a licensee) is contravening, or has contravened —(i) any of the conditions of the licensee’s licence; or (ii) any provision of this Act applicable to the licensee, contravention of which is not an offence; (b) the licensee’s application for or to renew the licence contained any information, document or statement that was false, or the application was misleading (including as a result of any omission) in any material particular, or the licensee otherwise obtained the licence or renewal through fraud or misrepresentation; (c) the licensee is convicted of any offence under this Act committed during the term of the licence; or (d) the public interest or national security of Singapore requires, the Director-General may suspend or revoke (without any compensation) the licensee’s licence. (2) The Director-General may, in lieu of suspending or revoking a licensee’s licence under subsection (1), do any one or more of the following:(a) censure the licensee in writing; (b) modify any condition of, or impose any new condition on, the licence; (c) direct the licensee to do, or to refrain from doing, such things as are specified in a direction to rectify a contravention; (d) for any contravention under subsection (1)(a), impose on the licensee a financial penalty of any amount, not exceeding $10,000, that the Director-General thinks fit. (3) Before exercising any powers under subsection (1) or (2), the Director-General must give written notice to the licensee concerned —(a) stating that the Director-General intends to take regulatory action against the licensee under this section; (b) specifying the type of action in subsection (1) or (2) the Director-General proposes to take, and each instance of contravention that is the subject of the action; and (c) specifying the time (being not less than 14 days after the date of service of notice on the licensee) within which written representations may be made to the Director-General with respect to the proposed action. (4) The Director-General may, after considering any written representation under subsection (3)(c), decide to take such regulatory action in subsection (1) or (2) as the Director-General considers appropriate. (5) Where the Director-General has made any decision under subsection (4) against any licensee, the Director-General must serve on the licensee concerned a notice of the Director-General’s decision. (6) Subject to section 18, a decision to suspend or revoke a licence, or to impose a regulatory action in subsection (2), which is specified in the notice served under subsection (5) is to take effect from the date on which that notice is served, or on such other date as may be specified in the notice. (7) The suspension or revocation of any licence under this section does not affect the enforcement by any person of any right or claim against the licensee or former licensee, or by the licensee or former licensee of any right or claim against any person. (8) If the written notice under subsection (3) is given to a licensee while the licensee’s licence remains in force, and the licence ceases to be in force before the Director-General takes any regulatory action in subsection (1) or (2), this section continues to apply and the Director-General may, at any time after the licence ceases to be in force, take any regulatory action in subsection (2)(a) and (d) in relation to the former licensee. (9) In any proceedings under this section in relation to the conviction of a licensee for a criminal offence, the Director-General is to accept the licensee’s conviction as final and conclusive. (10) Any financial penalty imposed on a licensee or former licensee under subsection (2)(d) may be recovered by the Director-General as a debt due to the Government. (11) All financial penalties collected under this section must be paid into the Consolidated Fund.[Act 33 of 2023 wef 01/03/2024]