Statutes (Miscellaneous Amendments) (No. 2) Act 2004

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 27]

Friday, August 27

[2004

The following Act was passed by Parliament on 20th July 2004 and assented to by the President on 3rd August 2004:—

Statutes (Miscellaneous Amendments) (No. 2) Act 2004

(No. 28 of 2004)

I assent.

S R NATHAN,

President

3rd August 2004.

Date of Commencement: 1st September 2004

Date of Commencement: 1st April 2004 (Section 3)

An Act to amend certain statutes of the Republic of Singapore.

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1.—(1) This Act may be cited as the Statutes (Miscellaneous Amendments) (No. 2) Act 2004 and shall, with the exception of section 3, come into operation on such date as the Minister may, by notification in the Gazette, appoint.

(2) Section 3 shall be deemed to have come into operation on 1st April 2004.

Amendment of Accountants Act 2004

2. The Accountants Act 2004 (Act 4 of 2004) is amended —

(a)

by deleting subsection (1) of section 13 and substituting the following subsection:

“(1) Unless the Oversight Committee or the Registrar allows otherwise, a public accountant who desires to renew his certificate of registration upon its expiry shall, not less than one month before the date of the expiry, submit his application for the renewal to the Oversight Committee in such form or manner as the Oversight Committee may require.”; and

(b)

by deleting paragraph (d\) of section 15(1) and substituting the following paragraph:

“(d)	who, without reasonable excuse, has failed to renew his certificate of registration after one month from the date of the expiry thereof;”.

Amendment of Companies Act

3. The Companies Act (Cap. 50, 1994 Ed.) is amended —

(a)

by inserting, immediately after subsection (2) of section 189, the following subsection:

“(2A) Subsection (1) shall not apply to books containing minutes of proceedings of meetings of a company’s directors and of its managers, or (as the case may be) books containing minutes of the passing of resolutions and the making of declarations by the director of a company that has only one director; and subsection (2) shall not apply to any of those minutes.”;

(b)

by deleting sub-paragraph (i) of section 253(2)(a) and substituting the following sub-paragraph:

“(i)	the company has no member; or”; and

(c)

by deleting paragraph (d\) of section 254(1) and substituting the following paragraph:

“(d)	the company has no member;”.

Amendment of Government Procurement Act

4. The Government Procurement Act (Cap. 120, 1998 Ed.) is amended —

(a)

by inserting, immediately after the words “Agreement on Government Procurement” in the long title, the words “and other international obligations of Singapore relating to procurements by the Government and public authorities,”;

(b)

by deleting the definition of “relevant supplier” in section 2 and substituting the following definition:

“ “relevant supplier”, in relation to a procurement subject to the Act, means —

(a)	a supplier who is a national of Singapore or of a relevant State that is specified as one to which that procurement relates in the order made under section 4(2) declaring that procurement as one subject to the Act;
(b)	a supplier which is a company or an association or a body of persons, corporate or unincorporate, which is formed under the laws of Singapore or such relevant State and has its principal place of business in Singapore or such relevant State; or
(c)	a supplier, or supplier within a class of suppliers, specified under that order as a relevant supplier or class of relevant suppliers in relation to that procurement;”;

(c)

by inserting, immediately after subsection (4) of section 4, the following subsection:

“(5) An order made under subsection (2) —

(a)	shall specify that the procurement is a procurement subject to the Act in relation to all relevant States or a specified relevant State; and
(b)	may specify any supplier or class of suppliers as a relevant supplier or class of relevant suppliers in relation to that procurement for the purposes of paragraph (c) of the definition of “relevant supplier” in section 2.”;

(d)

by deleting subsection (1) of section 6 and substituting the following subsection:

“(1) The Minister may, for the purposes of implementing the Agreement on Government Procurement and other international obligations of Singapore relating to procurements by the Government and public authorities, make regulations to govern procurements subject to the Act.”;

(e)

by deleting the word “and” at the end of section 6(2)(c);

(f)

by deleting the full-stop at the end of paragraph (d\) of section 6(2) and substituting the word “; and”, and by inserting immediately thereafter the following paragraph:

“(e)	different provisions for different procurements.”;

(g)

by inserting, immediately after the words “relevant suppliers” in section 7(2)(a), the words “in relation to that procurement”; and

(h)

by inserting, immediately after paragraph (a\) of section 15(2), the following paragraph:

“(aa)

the regulation made under section 6 which the contracting authority concerned is alleged to have breached is inapplicable to the procurement which is the subject of the challenge;”.

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