SINGAPORE LEGISLATION

• Citation: (2005) 17 SAcLJ 938
• Date: 01 December 2005
• Author: Emily TEO LLB (Hons) (National University of Singapore); State Counsel, Attorney-General’s Chambers. Joyce CHNG BA (Soc Sc) (Curtin); Legal Executive, Attorney-General’s Chambers.
• Published date: 01 December 2005

Digest of Acts passed between 1 March 2005 and 31 August 2005

(Correct as at 31 October 2005)

Supply Act 2005

Act 12 of 2005

Long title: An Act to provide for the issue from the Consolidated Fund and the Development Fund of the sums necessary to meet the estimated expenditure for the financial year 1st April 2005 to 31st March 2006 (both dates inclusive).

Passed by Parliament on: 11 March 2005

Assented to by President on: 22 March 2005

Publication date: 28 March 2005

Commencement date: 1 April 2005

Summary: This Act makes provision for the appropriation of moneys of —

1. (a) a sum not exceeding $24,810,335,690 from the Consolidated Fund; and

2. (b) a sum not exceeding $14,402,999,600 from the Development Fund,

for the purposes of the Heads of Expenditure to meet the estimated expenditure for the financial year 1 April 2005 to 31 March 2006 (both dates inclusive).

Supplementary Supply (FY 2004) Act 2005

Act 13 of 2005

Long title: An Act to provide for making supplementary provision to meet additional expenditure for the financial year 1st April 2004 to 31st March 2005 (both dates inclusive).

Passed by Parliament on: 11 March 2005

Assented to by President on: 22 March 2005

Publication date: 28 March 2005

Commencement date: 28 March 2005

Summary: In accordance with Arts 148(2) and 148C(2) of the Constitution of the Republic of Singapore, this Act makes additional provision of a further sum of $1,572,432,070 for the financial year 1 April 2004 to 31 March 2005 (both dates inclusive) to meet expenditure in excess of the sums authorised by the Supply Act 2004 (Act 8 of 2004).

Betting and Sweepstake Duties (Amendment) Act 2005

Act 14 of 2005

Long title: An Act to amend the Betting and Sweepstake Duties Act (Chapter 22 of the 1999 Revised Edition) and to make related amendments to the Singapore Totalisator Board Act (Chapter 305A of the 1999 Revised Edition).

Passed by Parliament on: 11 March 2005

Assented to by President on: 21 March 2005

Publication date: 1 April 2005

Commencement date: 1 April 2005

Summary: This Act amends the Betting and Sweepstake Duties Act (Cap 22, 1999 Rev Ed) so as to provide for greater flexibility in prescribing the rate and basis of betting and sweepstake duty and in administrating the collection of such duty, and makes related amendments to the Singapore Totalisator Board Act (Cap 305A, 1999 Rev Ed). Amongst other things, this Act —

1. (a) gives the Minister greater flexibility in prescribing different rates of duty (including the basis to which the rate shall apply) for different classes of betting and sweepstakes; and

2. (b) provides for the composition of offences under section 10 of the Betting and Sweepstake Duties Act.

Related legislation: Singapore Totalisator Board Act (Cap 305A, 1999 Rev Ed).

Nurses and Midwives (Amendment) Act 2005

Act 15 of 2005

Long title: An Act to amend the Nurses and Midwives Act (Chapter 209 of the 2000 Revised Edition).

Passed by Parliament on: 21 April 2005

Assented to by President on: 29 April 2005

Publication date: 12 May 2005

Commencement date: Not known yet

Summary:

This Act seeks to amend the Nurses and Midwives Act (Cap 209, 2000 Rev Ed) for the following purposes:

1. (a) to amplify the existing provisions relating to the certification and regulation of nurse specialists and to change their title to “Advanced Practice Nurses” in line with international nursing practice;

2. (b) to increase the range of disciplinary action that the Singapore Nursing Board (“the Board”) may take;

3. (c) to decriminalise the failure to inform the Registrar of the Board of a change in address or other particulars; and

4. (d) to empower the Board to —

   1. (i) prescribe conditions for the grant or renewal of practising certificates;

   2. (ii) disclose information to prescribed persons;

   3. (iii) invest its funds; and

   4. (iv) prescribe compoundable offences and to compound offences.

Inland Revenue Authority of Singapore (Amendment) Act 2005

Act 16 of 2005

Long title: An Act to amend the Inland Revenue Authority of Singapore Act (Chapter 138A of the 1993 Revised Edition).

Passed by Parliament on: 21 April 2005

Assented to by President on: 29 April 2005

Publication date: 9 May 2005

Commencement date: 9 May 2005

Summary: This Act amends the Inland Revenue Authority of Singapore Act (Cap 138A, 1993 Rev Ed) to empower the Inland Revenue Authority of Singapore (“the Authority”) —

1. (a) to raise loans from the Government; or

2. (b) with the approval of the Minister, to raise loans within or outside Singapore from such source as the Minister may direct by —

   1. (i) mortgage, overdraft or other means;

   2. (ii) charge on the Authority’s property or revenue receivables; or

1. 1. (iii) the creation and issue of bonds or other instruments as the Minister may approve.

This Act also clarifies that the power to raise loans includes the power to make any financial agreement whereby credit facilities are granted to the Authority for the purchase of goods or services.

Statutes (Miscellaneous Amendments and Repeal) Act 2005

Act 17 of 2005

Long title: An Act to amend certain statutes of the Republic of Singapore and to repeal the Government Hospitals Act (Chapter 119 of the 1985 Revised Edition).

Passed by Parliament on: 16 May 2005

Assented to by President on: 31 May 2005

Publication date: 8 June 2005

Commencement date: 15 July 2005

Summary: This Act makes certain miscellaneous amendments to certain statutes of the Republic of Singapore as follows:

1. (a) to amend s 83 of the Bankruptcy Act (Cap 20, 2000 Rev Ed) —

   1. (i) to remove the requirement for the record of an examination to be in writing and to be read over to and signed by the person examined before the record may be used in evidence against such person; and

   2. (ii) to clarify that such record must at all reasonable times and upon payment of the prescribed fee, be made available to any creditor for review at the court premises;

2. (b) to amend ss 285 and 286 of the Companies Act (Cap 50, 1994 Rev Ed) —

   1. (i) to remove the requirement for the answers of a person being examined on oath to be reduced to writing and signed by the person so examined before a record of such answers may be used in evidence in any legal proceedings against such person; and

   2. (ii) to remove the requirement for the record of an examination to be reduced in writing and read over to or by and signed by the person examined;

3. (c) to repeal the Government Hospitals Act (Cap 119, 1985 Rev Ed) as the Act is obsolete and no longer relevant;

4. (d) to amend ss 17 and 25 of the Government Proceedings Act (Cap 121, 1985 Rev Ed) to clarify, for the avoidance of doubt, that

1. the Magistrate’s Court has jurisdiction, in accordance with the Subordinate Courts Act (Cap 321, 1999 Rev Ed), to hear civil proceedings by and against the Government;

2. (e) to amend several provisions of the Housing Developers (Control and Licensing) Act (Cap 130, 1985 Rev Ed) to allow limited liability partnerships to be licensed as housing developers;

3. (f) to amend s 20 of the Medicines Act (Cap 176, 1985 Rev Ed) to apply the penalty provided in that section to an offence under s 20(3A) of that Act;

4. (g) to amend several provisions of the Planning Act (Cap 232, 1998 Rev Ed), namely —

   1. (i) s 5 to allow the officers of Commercial and Industrial Security Corporation (“CISCO”) to continue to perform the functions of the competent authority under ss 27 and 31, following the corporatisation brought about by the CISCO (Dissolution) Act 2005 (Act 3 of 2005);

   2. (ii) ss 27 and 31 to allow the competent authority or authorised persons to bring along assistants and workmen with them when entering premises under those sections; and

   3. (iii) ss 51 and 55 as a consequence of the amendment to s 5;

5. (h) to repeal and re-enact s 65 of the Police Force Act 2004 (Act 24 of 2004) to allow certain persons to be designated by the Minister as intelligence officers and to allow an intelligence officer to exercise the powers of a police officer of a rank corresponding to his grade;

6. (i) to amend several provisions of the Residential Property Act (Cap 274, 1985 Rev Ed) to allow limited liability partnerships to acquire, hold and otherwise deal with residential property in Singapore; and

7. (j) to amend s 46 of the Supreme Court of Judicature Act (Cap 322, 1999 Rev Ed) to delete the reference to a shorthand transcript as a consequence of the implementation of the Digital Transcription System in the Supreme Court.

Related legislation: Bankruptcy Act (Cap 20, 2000 Rev Ed), Companies Act (Cap 50, 1994 Rev Ed), Government Hospitals Act (Cap 119, 1985 Rev Ed), Government Proceedings Act (Cap 121, 1985 Rev Ed), Housing Developers (Control and Licensing) Act (Cap 130, 1985 Rev Ed), Medicines Act (Cap 176, 1985 Rev Ed), Planning Act (Cap 232, 1998 Rev Ed), Police Force Act 2004 (Act 24 of 2004)...