SINGAPORE LEGISLATION

• Citation: (2006) 18 SAcLJ 264
• 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.
• Date: 01 December 2006
• Published date: 01 December 2006

Digest of Acts passed between 1 September 2005 and 28 February 2006

(correct as at 20 April 2006)

Deposit Insurance Act 2005

Act 31 of 2005

Long title: An Act to establish a Deposit Insurance Scheme in Singapore for the purpose of providing limited compensation to insured depositors under certain circumstances, to make related amendments to the Banking Act (Chapter 19 of the 2003 Revised Edition), the Finance Companies Act (Chapter 108 of the 2000 Revised Edition) and the Monetary Authority of Singapore Act (Chapter 186 of the 1999 Revised Edition), and for matters connected therewith.

Passed by Parliament on: 19 September 2005

Assented to by President on: 5 October 2005

Publication date: 18 October 2005

Commencement date: 18 October 2005

Summary: This Act establishes a Deposit Insurance Scheme in Singapore for the purpose of providing limited compensation to insured depositors under certain circumstances —

1. (a) by specifying that every full bank and finance company must be a member of the Deposit Insurance Scheme;

2. (b) by empowering the Senior Minister to designate a company to be the deposit insurance agency; and

3. (c) by setting out what would be an insured deposit, who would be covered and the amount of compensation that would be available under the Deposit Insurance Scheme.

The Act also makes related amendments to the Banking Act (Cap 19, 2003 Rev Ed), the Finance Companies Act (Cap 108, 2000 Rev Ed) and the Monetary Authority of Singapore Act (Cap 186, 1999 Rev Ed).

Related legislation: Banking Act (Cap 19, 2003 Rev Ed), Finance Companies Act (Cap 108, 2000 Rev Ed) and Monetary Authority of Singapore Act (Cap 186, 1999 Rev Ed).

Education Endowment Scheme (Amendment) Act 2005

Act 32 of 2005

Long title: An Act to amend the Education Endowment Scheme Act (Chapter 87A of the 1993 Revised Edition).

Passed by Parliament on: 19 September 2005

Assented to by President on: 5 October 2005

Publication date: 27 October 2005

Commencement date: 17 August 2005

Summary: This Act amends the Education Endowment Scheme Act (Cap 87A, 1993 Rev Ed) to enable any cash grant, made by the Government for the benefit of eligible members of the Edusave Pupils Fund established under s 7(1) of the Education Endowment Scheme Act, to be paid into that Fund.

Community Care Endowment Fund Act 2005

Act 33 of 2005

Long title: An Act to establish the Community Care Endowment Fund for the purposes of providing assistance to citizens and permanent residents of Singapore and their family members living in Singapore, who are in financial and other difficulties, and for matters connected therewith; and to terminate the charitable trust known as the Community Assistance Fund.

Passed by Parliament on: 19 September 2005

Assented to by President on: 6 October 2005

Publication date: 24 October 2005

Commencement date: 24 October 2005

Summary: This Act —

1. (a) establishes a new Government fund to be called the Community Care Endowment Fund (“the ComCare Fund”) for the purposes of providing assistance to citizens and permanent residents of Singapore and their family members living in Singapore, who are in financial and other difficulties, and for matters connected therewith; and

1. (b) terminates the charitable trust known as the Community Assistance Fund and transfers the balance of any moneys in that Fund to the ComCare Fund.

Income Tax (Amendment) Act 2005

Act 34 of 2005

Long title: An Act to amend the Income Tax Act (Chapter 134 of the 2004 Revised Edition) and to make a consequential amendment to the Economic Expansion Incentives (Relief from Income Tax) Act (Chapter 86 of the 2005 Revised Edition).

Passed by Parliament on: 18 October 2005

Assented to by President on: 27 October 2005

Publication date: 7 November 2005

Commencement dates:

1. (a) Section 10(a) — 31 August 1999

2. (b) Sections 10(e) and 31(b) and 31(c) — 1 January 2004

3. (c) Sections 13 (in relation to s 13P) and 31(a) — 27 February 2004

4. (d) Sections 10(f) (in relation to s 13(1)(zg)) and 21 — 21 September 2004

5. (e) Sections 4, 10(b), 10(f) (in relation to s 12(1)(zf)), 10(g), 10(h), 10(j), 22(a), 22(b), 22(d), 24(f), 25, 27(a), 27(b), 27(c), 27(d), 27(e), 28(c), 28(e), 28(f), 28(g), 34 and 36 — 1 January 2005

6. (f) Sections 11, 13 (in relation to s 13O), 29, 33(a), 33(b), 35 (in relation to s 43T), 37, 38(b), 39 and 47 (in relation to s 43T) — 18 February 2005

7. (g) Sections 35 (in relation to s 43U) and 47 (in relation to s 43U) — 1 April 2005

8. (h) Sections 2(a), 10(d), 10(i), 19, 27(a), 27(b), 27(d), 38(a) and 40 — 7 November 2005

9. (i) Section 42 — 1 December 2005

10. (k) Sections 43, 44 and 46 — 1 January 2006

11. (l) Sections 2(c), 2(d), 3, 7, 8, 9, 10(c), 12, 15, 18(b), 18(c), 22(e), 22(f), 23, 24 (except in relation to s 37C(14)(c)), 32, 33(c), 33(d), 33(e) and 41 — 30 January 2006

12. (m) Sections 14, 16, 17, 27(f) and 30 shall have effect for the year of assessment 2005 and subsequent years of assessment.

13. (n) Section 45 shall have effect for the year of assessment 2006.

14. (o) Sections 2(b), 5, 6, 18(a), 20, 22(c), 26 and 48 shall have effect for the year of assessment 2006 and subsequent years of assessment.

Summary: This Act implements the income tax changes announced in the Government’s 2005 Budget Statement, makes certain other amendments to the Income Tax Act (Cap 134, 2004 Rev Ed) and makes a consequential amendment to s 97ZK of the Economic Expansion Incentives (Relief from Income Tax) Act (Cap 86, 2005 Rev Ed).

Related legislation: Economic Expansion Incentives (Relief from Income Tax) Act (Cap 86, 2005 Rev Ed).

Administration of Muslim Law (Amendment) Act 2005

Act 35 of 2005

Long title: An Act to amend the Administration of Muslim Law Act (Chapter 3 of the 1999 Revised Edition).

Passed by Parliament on: 18 October 2005

Assented to by President on: 10 November 2005

Publication date: 16 November 2005

Commencement date: Not known yet

Summary: This Act seeks to amend the Administration of Muslim Law Act (Cap 3, 1999 Rev Ed) for the following main purposes:

1. (a) to change the constitution of the Majlis Ugama Islam, Singapura (“the Majlis”) and to provide that the President of Singapore may appoint the Chief Executive to be a member of the Majlis;

2. (b) to provide for the appointment of a Chief Executive of the Majlis, who will be responsible for the proper administration and management of the functions and affairs of the Majlis;

3. (c) to provide for the maximum period that the President of the Majlis may be absent from Singapore without the Minister’s permission to be notified in the Gazette;

4. (d) to provide for the President of the Majlis to consult the Chief Executive, before doing or directing anything to be done in cases of emergency;

5. (e) to devolve the President of Singapore’s power to give directions in certain cases of emergency to the Minister; and

6. (f) to empower the President of Singapore to delegate any of his powers under the Act to the Minister or the President of the Majlis.

Biological Agents and Toxins

Act 2005 Act 36 of 2005

Long title: An Act to prohibit or otherwise regulate the possession, use, import, transhipment, transfer and transportation of biological agents, inactivated biological agents and toxins, to provide for safe practices in the handling of such biological agents and toxins, and to make a related amendment to the Infectious Diseases Act (Chapter 137 of the 2003 Revised Edition).

Passed by Parliament on: 18 October 2005

Assented to by President on: 10 November 2005

Publication date: 5 December 2005

Commencement date: 3 January 2006

Summary: This Act prohibits or otherwise regulates the possession, use, import, transhipment, transfer and transportation of biological agents, inactivated biological agents and toxins, provides for the practice of biological safety in the handling of such biological agents and toxins, and makes a related amendment to the Infectious Diseases Act (Cap 137, 2003 Rev Ed).

The provisions of the Act set out, amongst other things —

1. (a) that the Director of Medical Services (“the Director”) will be responsible for the administration of the Act, subject to any general or special directions of the Minister for Health;

2. (b) that the Director may appoint enforcement officers for the purposes of the Act, delegate certain of his powers to enforcement officers, and establish advisory committees to advise him on the administration and enforcement of the Act;

3. (c) that the use, development, production, acquisition, stockpiling, retention, possession or transfer of any biological agent or toxin for any non-peaceful purpose is prohibited;

4. (d) that the Director may order, where necessary —

   1. (i) the cessation of activities involving biological agents, inactivated biological agents or toxins;

   2. (ii) the destruction of biological agents, inactivated biological agents or toxins;

   3. (iii) the decontamination of facilities; and

   4. (iv) the closure or cordoning off of facilities at which biological agents, inactivated biological agents or toxins may be found; and

5. (e) the various biological agents and toxins for the purposes of the Act.

Related legislation: Infectious Diseases Act (Cap 137, 2003 Rev Ed).

Public Transport Council (Amendment) Act 2005

Act 37 of 2005

Long title: An Act to amend the Public Transport Council Act (Chapter 259B of the 2000 Revised Edition) and to make a consequential amendment to the Land Transport Authority of Singapore Act (Chapter 158A of the 1996 Revised Edition).

Passed by Parliament on: 17 October 2005

Assented to by President on: 10 November 2005

Publication date: 17 February 2006

Commencement dates:

1. (a) Sections 1 to 13 and 15 to 24 — 3 April 2006

2. (b) Section 14 — Not known yet

Summary: This Act amends the Public Transport Council Act (Cap 259B, 2000 Rev Ed) primarily for the following...