REPUBLIC OF SINGAPORE
GOVERNMENT GAZETTE
ACTS SUPPLEMENT
Published by Authority

NO. 3]Friday, January 11 [2019

The following Act was passed by Parliament on 20 November 2018 and assented to by the President on 21 December 2018:—
Civil Defence and Other Matters Act 2018

(No. 53 of 2018)


I assent.

HALIMAH YACOB,
President.
21 December 2018.
Date of Commencement: 1 February 2019 Sections 2 to 10, 12, 18 to 21, 23, 24, 25, 27, 28, 30, 32 and 33
An Act to amend the Civil Defence Act (Chapter 42 of the 2001 Revised Edition), the Immigration Act (Chapter 133 of the 2008 Revised Edition), the Police Force Act (Chapter 235 of the 2006 Revised Edition) and the Prisons Act (Chapter 247 of the 2000 Revised Edition), and to make related amendments to the Enlistment Act (Chapter 93 of the 2001 Revised Edition).
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
Short title and commencement
1.  This Act is the Civil Defence and Other Matters Act 2018 and comes into operation on a date that the Minister appoints by notification in the Gazette.
PART 1
AMENDMENTS TO CIVIL DEFENCE ACT
Amendment of section 2
2.  Section 2 of the Civil Defence Act (Cap. 42) is amended —
(a)by inserting, immediately after the definition of “emergency services”, the following definition:
“ “ex‑NSman” means a former operationally ready national serviceman;”;
(b)by inserting, immediately after the word “include” in the definition of “member”, the words “a volunteer ex‑NSman or”;
(c)by inserting, immediately after the definition of “police officer”, the following definition:
“ “prescribed civil defence emergency device” means —
(a)a public warning device; or
(b)such device for the detection or monitoring of a civil defence emergency as may be prescribed,
and includes a prescribed civil defence emergency device installed by the Commissioner, with the agreement of the owner of the premises, before the date of commencement of section 20 of the Civil Defence and Other Matters Act 2018;”; and
(d)by deleting the full‑stop at the end of the definition of “state of emergency” and substituting a semi‑colon, and by inserting immediately thereafter the following definition:
“ “volunteer ex‑NSman” means an ex‑NSman enrolled as a volunteer ex‑NSman under section 9A.”.
Amendment of section 4
3.  Section 4 of the Civil Defence Act is amended —
(a)by deleting the word “and” at the end of subsection (1)(a);
(b)by deleting the full‑stop at the end of paragraph (b) of subsection (1) and substituting the word “; and”, and by inserting immediately thereafter the following paragraph:
(c)to carry out, on a day‑to‑day basis, operations for the protection of the life, health or safety of individuals, whether or not arising out of a civil defence emergency.”; and
(c)by deleting the word “warning” in subsection (2)(g) and substituting the words “civil defence emergency”.
Amendment of section 5
4.  Section 5(3) of the Civil Defence Act is amended by inserting, immediately after paragraph (b), the following paragraph:
(ba)volunteer ex‑NSmen enrolled under section 9A;”.
Amendment of section 6
5.  Section 6(3) of the Civil Defence Act is amended by deleting the word “The” and substituting the words “Unless otherwise provided, the”.
Amendment of section 7
6.  Section 7 of the Civil Defence Act is amended —
(a)by deleting the words “and confer any rank on any such auxiliary member” in subsection (2); and
(b)by deleting subsection (4) and substituting the following subsection:
(4)  The Minister may, from time to time, authorise such allowances to be paid to auxiliary members for their services.”.
New sections 9A and 9B
7.  The Civil Defence Act is amended by inserting, immediately after section 9, the following sections:
Volunteer ex‑NSmen
9A.—(1)  The Commissioner may enrol under this section, as a volunteer ex‑NSman, any ex‑NSman who was enlisted as a national serviceman in the Force where —
(a)the Commissioner wants that ex‑NSman to continue to serve in the Force; and
(b)the ex‑NSman is offering his service.
(2)  The provisions of sections 14, 15, 21, 22, 23, 24, 25 and 30 of the Enlistment Act (Cap. 93) affecting any person who is liable for operationally ready national service apply (so far as relevant) to a volunteer ex‑NSman enrolled under this section as if the volunteer ex‑NSman were an individual liable for operationally ready national service, with such prescribed exceptions, modifications and adaptations as the differences between an operationally ready national serviceman and a volunteer ex‑NSman require.
(3)  The provisions of any other existing law that relate to an individual liable for operationally ready national service have effect as if any reference therein to any such individual also includes a reference to any volunteer ex‑NSman, with such prescribed exceptions, modifications and adaptations as the differences between this Part and that existing law require.
(4)  The Minister may, from time to time, authorise such emoluments to be paid to volunteer ex‑NSmen for their services.
(5)  In this section, “existing law” means any written law having effect as part of the law of Singapore immediately before the date of commencement of section 7 of the Civil Defence and Other Matters Act 2018.
Appointments and promotions
9B.—(1)  Subject to section 8, the Minister may do the following:
(a)appoint or promote a member to the rank of lieutenant‑colonel and above;
(b)reduce the rank of a member of the rank of lieutenant‑colonel and above.
(2)  Subject to section 8, the Commissioner may do the following:
(a)appoint or promote a member to the rank of major and below;
(b)reduce the rank of a member of the rank of major and below.
(3)  The Commissioner may delegate the power under subsection (2) to any officer of the rank of lieutenant‑colonel and above.”.
New section 10A
8.  The Civil Defence Act is amended by inserting, immediately after section 10, the following section:
Discharge of volunteer ex‑NSmen
10A.—(1)  The Commissioner may, without notice, discharge any volunteer ex‑NSman.
(2)  Any volunteer ex‑NSman is entitled, except when a state of emergency or a state of civil defence emergency is in force or when volunteer ex‑NSmen are mobilised under section 113(1)(a), to be discharged from the Force after giving the Commissioner at least 3 months’ notice in writing of his intention to resign from the Force.”.
Amendment of section 14
9.  Section 14(2) of the Civil Defence Act is amended by inserting, immediately after the words “national service”, the words “and volunteer ex‑NSmen”.
Amendment of section 18
10.  Section 18 of the Civil Defence Act is amended by inserting, immediately after subsection (1), the following subsections:
(1A)  Subject to section 19, where a service offence under this Act has been committed, or is reasonably suspected of having been committed, by any person while subject to this Act, then the disciplinary officer or Disciplinary Board before whom the offence is triable may, under the authority of the Commissioner, order that person to report for trial for the offence as if that person continued to be subject to this Act despite the person ceasing at any time to be subject to this Act.
(1B)  Any person who fails to comply with any order under subsection (1A) —
(a)is deemed to have failed to comply with a lawful order within the meaning of section 35(1); and
(b)is liable to be arrested, proceeded against and punished for an offence under section 35(1) as if the person continued to be subject to this Act.”.
Amendment of section 19
11.  Section 19 of the Civil Defence Act is amended by deleting subsection (1) and substituting the following subsection:
(1)  Subject to subsection (3), a person is not liable to be tried by a disciplinary officer for a service offence unless the trial begins within 3 years after the later of the following dates:
(a)the date on which the service offence was alleged to have been committed;
(b)the date on which information relating to the commission of that offence was first reported to or discovered by an investigating officer for that service offence.”.
New section 32A
12.  The Civil Defence Act is amended by inserting, immediately after section 32, the following section:
Refusing medical or dental examination or treatment
32A.  Any person who, without reasonable excuse, does not submit to —
(a)a medical or dental examination or test;
(b)inoculation, vaccination or immunisation; or
(c)medical or dental treatment,
where required to by the Commissioner, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 6 months or to any other punishment authorised by this Act.”.
Amendment of section 75
13.  Section 75 of the Civil Defence Act is amended —
(a)by deleting subsection (1) and substituting the following subsections:
(1)  Where a junior disciplinary officer finds an accused guilty of a charge, the junior disciplinary officer may award one of the following punishments:
(a)detention for a period not exceeding 40 days;
(b)a fine not exceeding $1,500;
(c)a reprimand;
(d)such other minor punishment as may be prescribed by regulations.
(1A)  Where a senior disciplinary officer finds an accused guilty of a charge, the senior disciplinary officer may award one of the following punishments:
(a)if the accused is a warrant officer (of any rank), detention for a period not exceeding 40 days;
(b)if the accused is a warrant officer (of any rank), second lieutenant or lieutenant, a fine not exceeding $2,000 or, if the accused is a captain or major, a fine not exceeding $3,000;
(c)a reprimand;
(d)such other minor punishment as may be prescribed by regulations.”; and
(b)by inserting, immediately after the words “at his discretion” in subsection (2), the words “but subject to section 76B”.
Amendment of section 76
14.  Section 76 of the Civil Defence Act is amended —
(a)by inserting, immediately after the words “dealt with” in subsection (1), the word “only”;
(b)by inserting, immediately after the words “3 persons” in subsection (1), the words “(none of whom may be the Commissioner)”;
(c)by inserting, immediately after subsection (1), the following subsection:
(1A)  The following provisions apply to an officer dealt with by a Disciplinary Board as if the officer were dealt with by a disciplinary officer:
Sections 17, 18(1), 19(1) and (4), 20, 21, 43, 53, 74, 75(3) to (6), 83, 85, 89(1)(b), (c) and (d), 91, 97 and 115(2)(e).”; and
(d)by deleting paragraph (b) of subsection (2) and substituting the following paragraph:
(b)deal with the case and upon conviction of the accused impose —
(i)a reprimand; or
(ii)if the accused is a lieutenant‑colonel or a colonel, a fine not exceeding $6,000, or if the accused is an Assistant Commissioner, a fine not exceeding $10,000,
and may additionally make a recommendation to the Minister that the accused be reduced in rank, and the Minister may, subject to section 76B, reduce the rank of the accused in addition to or in substitution for the punishment imposed by the Disciplinary Board.”.
New sections 76A and 76B
15.  The Civil Defence Act is amended by inserting, immediately after section 76, the following sections:
Appeal against award or finding
76A.—(1)  An accused who is aggrieved by a finding or punishment awarded by a disciplinary officer or Disciplinary Board may, within 5 days after being notified of the finding or punishment (or a longer or shorter period if prescribed in substitution), appeal to the Commissioner against the finding or punishment.
(2)  An appeal under subsection (1) must be made in such form and manner as may be prescribed.
(3)  Where an appeal has been made under subsection (2) against a finding or punishment awarded by a disciplinary officer or Disciplinary Board, the punishment awarded is suspended pending the determination of the appeal.
(4)  The Commissioner may determine an appeal under subsection (2) against a finding or punishment awarded by a disciplinary officer or Disciplinary Board —
(a)by confirming any finding of guilt or punishment ordered by the disciplinary officer or Disciplinary Board;
(b)by quashing any finding of guilt or punishment ordered by the disciplinary officer or Disciplinary Board and, if the Commissioner is of the opinion that the case against the appellant should be re‑tried, by ordering the case to be re‑tried by another disciplinary officer or Disciplinary Board;
(c)by replacing any finding by the disciplinary officer or Disciplinary Board that, in the opinion of the Commissioner, is illegal or cannot be supported by the evidence with a new finding that could validly have been made by the disciplinary officer or Disciplinary Board on the charge and on the facts; or
(d)by varying the punishment by way of enhancement, reduction, substitution or otherwise except that no greater or more severe punishment is to be ordered unless the appellant has been given a reasonable opportunity of being heard.
(5)  The Commissioner’s decision under this section is final.
(6)  Every appellant must be notified of the Commissioner’s decision under this section.
(7)  The Commissioner may designate a Deputy Commissioner to hear and determine, in the Commissioner’s place, any appeal to the Commissioner under subsection (1).
(8)  A reference to the Commissioner in subsections (4), (5) and (6) includes a reference to a person designated under subsection (7).
Reduction after conviction
76B.  Where a disciplinary officer or Disciplinary Board recommends to the Commissioner or the Minister under section 75(2) or 76(2)(b) to reduce the rank of an accused, the Commissioner or the Minister must not reduce the rank of the accused before —
(a)the expiry of the period for making an appeal under section 76A(1); or
(b)the determination of any appeal under section 76A,
whichever is later.”.
Amendment of section 81
16.  Section 81 of the Civil Defence Act is amended —
(a)by deleting subsections (1) and (2);
(b)by deleting the words “shall as soon as practicable” in subsection (3) and substituting the word “may”;
(c)by deleting the words “reviewing authority” wherever they appear in subsections (3) to (9) and substituting in each case the word “Commissioner”;
(d)by deleting the words “if it considers” in subsection (4) and substituting the words “if the Commissioner considers”; and
(e)by deleting the word “it” in subsection (9) and substituting the words “the Commissioner”.
Amendment of section 84
17.  Section 84(2) of the Civil Defence Act is amended —
(a)by deleting “$100” in paragraph (a) and substituting “$300”; and
(b)by deleting paragraph (b) and substituting the following paragraph:
(b)if the fine exceeds $300 but does not exceed $1,000, detention for a period not exceeding 20 days;”.
New Part XIA
18.  The Civil Defence Act is amended by inserting, immediately after section 101, the following Part:
PART XIA
DAY‑TO‑DAY OPERATIONS
Powers for day‑to‑day operations
101A.—(1)  The Commissioner or any member authorised by the Commissioner may, if the action authorised by this section appears to him to be necessary for the discharge of the function in section 4(1)(c) —
(a)enter upon and, if necessary, break into any place, building, premises or land;
(b)remove from any place, vehicle, structure or thing impeding such operations and, to facilitate its removal, use such force as is reasonably necessary or break into any such vehicle;
(c)remove, using reasonable force if necessary, any individual whose life, health or safety is, in his opinion, endangered;
(d)stop individuals from entering, or close or cause to be closed to traffic, any road, street, path, private street, private way, service lane, waterway, right of way or access way or other way;
(e)shut off or disconnect the supply of gas, fuel oil, water or electricity to any premises or order any person having the control of such supply to shut off or disconnect the supply;
(f)require any individual whom he has reason to suspect has been exposed to any hazardous material in a hazardous materials incident to undergo such medical examination and medical treatment at such place or hospital as he may specify; and
(g)seize any thing that is contaminated by any hazardous material as a result of a hazardous materials incident and dispose of the thing.
(2)  The Commissioner or any member authorised by the Commissioner may, for the purposes of facilitating the provision of urgent medical care to an individual whose identity is not known and who is unconscious or otherwise unable to communicate, take the individual’s fingerprints or other personal identifiers.
Persons assisting Force
101B.—(1)  The powers conferred by section 101A(1)(a) to (e) and (2) may also be exercised by the following persons:
(a)any employee of an emergency ambulance service provider providing emergency ambulance services for the Force in the performance of a contract between the emergency ambulance service provider and the Government;
(b)any regular serviceman or national serviceman enlisted with the Singapore Armed Forces who is attached to the Force to assist in the provision of emergency ambulance services by the Force.
(2)  An employee of an emergency ambulance service provider providing emergency ambulance services for the Force in the performance of a contract between the emergency ambulance service provider and the Government is, in relation to the employee’s performance of the employee’s duties in connection with the provision of the emergency ambulance services, taken to be a public servant for the purposes of the Penal Code (Cap. 224).
Protection from personal liability
101C.  No liability shall lie personally against the Commissioner or any member, or any person mentioned in section 101B who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act.”.
Amendment of section 103
19.  Section 103(1) of the Civil Defence Act is amended —
(a)by deleting the word “motorway” in paragraph (e) and substituting the word “path”; and
(b)by inserting, immediately after the words “service lane,” in paragraph (e), the word “waterway,”.
New Part XIIA
20.  The Civil Defence Act is amended by inserting, immediately after section 103, the following Part:
PART XIIA
PUBLIC WARNING SYSTEM
Interpretation of this Part
103A.—(1)  In this Part —
“owner” —
(a)in relation to any premises comprised in a strata title plan under the Land Titles (Strata) Act (Cap. 158), means —
(i)in the case of a lot, the person who is registered as the subsidiary proprietor of the lot under that Act;
(ii)in the case of a common property, the management corporation having control of that common property, or the person receiving any rent or charge for the maintenance and management of that common property; and
(iii)in the case of a limited common property as defined in section 2(1) of the Building Maintenance and Strata Management Act (Cap. 30C), the subsidiary management corporation established by that Act having control of that limited common property, or the person receiving any rent or charge for the maintenance and management of that limited common property;
(b)in relation to a building in a housing estate of the Housing and Development Board (called an HDB housing estate), means —
(i)in the case of a flat, any owner of the flat as defined in section 2(1) of the Housing and Development Act (Cap. 129);
(ii)in the case of the building’s common property in an HDB housing estate that is controlled, managed and maintained by a Town Council, that Town Council; and
(iii)in the case of the building’s common property in an HDB housing estate that is not controlled, managed and maintained by a Town Council, the Housing and Development Board;
(c)in relation to a subdivided building that is not mentioned in paragraph (a) or (b), means —
(i)in the case of a lot, the person who is registered under the Land Titles Act (Cap. 157) as the proprietor of the fee simple, estate in perpetuity or leasehold estate of that lot; and
(ii)in the case of the subdivided building’s common property, every person who is registered under the Land Titles Act as the proprietor of the fee simple, estate in perpetuity or leasehold estate of a lot in that building, or the person receiving any rent or charge for the maintenance and management of the common property;
(d)in relation to any premises which are not a subdivided building mentioned in paragraph (a), (b) or (c), means any person who is registered under the Land Titles Act as the proprietor of the fee simple, estate in perpetuity or leasehold estate of those premises; and
(e)in relation to any other premises or building, means the person for the time being receiving the rent of the premises or building, whether on the person’s own account or as agent, trustee or receiver, or who would receive such rent if the premises or building were let to a tenant, and includes the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act (Cap. 254) as the owner of the premises or building, or a mortgagee in possession;
“relevant premises” means any building or part of a building but does not include —
(a)a residential building not exceeding such height as may be prescribed; and
(b)such other type of building as may be prescribed;
“working day” means any day other than a Saturday, Sunday or public holiday.
(2)  For the purposes of this Part, the height of a building is the distance, measured in a straight line on a vertical plane, from the lowest point of the building at ground level to the highest point of the building (including any structure fixed to the building).
Provision of space to install prescribed civil defence emergency devices
103B.—(1)  The Commissioner may by direction require the owner of any relevant premises to provide, at the owner’s expense and within such period as may be specified in the direction —
(a)such space or facility within or on the premises specified in the direction; and
(b)access to the premises,
as will substantially assist the Commissioner in installing a prescribed civil defence emergency device.
(2)  To avoid doubt, the Commissioner may give a direction under subsection (1) even though the direction may prejudice the contractual obligations of the owner or occupier of the premises, whether the obligation relates to a contract made before, on or after the date of commencement of section 20 of the Civil Defence and Other Matters Act 2018.
(3)  No liability shall lie against any party to a contract made before, on or after the date of commencement of section 20 of the Civil Defence and Other Matters Act 2018 for or in relation to, any breach of the contract where the breach is solely attributable to, or occasioned by, the compliance by that party with any direction of the Commissioner under subsection (1).
(4)  Nothing in subsection (3) affects the operation of the Frustrated Contracts Act (Cap. 115).
(5)  The Commissioner may at any time vary, suspend or revoke the whole or any part of a direction under subsection (1).
(6)  Any owner who contravenes any direction under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.
Power to enter premises for assessment, repair and maintenance
103C.—(1)  The Commissioner may —
(a)enter any relevant premises to assess whether the premises are suitable for installing a prescribed civil defence emergency device; and
(b)enter any premises on which a prescribed civil defence emergency device is installed by the Commissioner to inspect or carry out works to repair or maintain the prescribed civil defence emergency device.
(2)  The Commissioner must not exercise the power under subsection (1)(a) or (b) in respect of any premises unless the Commissioner notifies the owner of the premises of the intention to exercise a power conferred by that subsection not less than 5 working days before the power is exercised.
(3)  Despite subsection (2), where the Commissioner has reason to believe that a civil defence emergency is likely to occur and urgent repairs to a prescribed civil defence emergency device installed on any relevant premises are needed, and —
(a)entry into those premises has been refused or such refusal is apprehended; or
(b)the Commissioner is, after reasonable efforts, unable to obtain the owner’s consent to enter the premises for any other reason,
the Commissioner may enter the premises to carry out such urgent repairs to the prescribed civil defence emergency device at any time and without giving the owner of the premises notice of the Commissioner’s intention to do so.
(4)  The Commissioner may, in exercising the power under subsection (1)(a) or (b), take with the Commissioner such other persons as may be necessary.
(5)  The Commissioner may, in exercising the power under subsection (3), do all or any of the following:
(a)take with the Commissioner such other persons as may be necessary;
(b)break open any outer or inner door or window leading to the premises;
(c)forcibly enter the premises and every part of the premises;
(d)remove by force any obstruction to the entry;
(e)remove or demolish any fixtures or fittings in the premises if the removal or demolition is necessary for the carrying out of urgent repairs to a prescribed civil defence emergency device.
(6)  The Commissioner’s powers under subsections (1) to (5) may be exercised by any officer or serviceman authorised by the Commissioner (called in this section an authorised person), and any reference to the Commissioner in those subsections includes a reference to such an authorised person.
(7)  Before entering the premises under subsection (1)(a) or (b), an authorised person must produce, if so required —
(a)the authorised person’s original identity card or such identification card as the Commissioner may direct to be carried by the person as proof of the authorised person’s identity; and
(b)some duly authenticated document showing the authorised person’s authority.
Damage, etc., to prescribed civil defence emergency devices
103D.  Any person who wilfully removes, relocates, destroys, damages or tampers with any prescribed civil defence emergency device installed by the Commissioner shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both.”.
Amendment of section 105A
21.  Section 105A(7) of the Civil Defence Act is amended by inserting, immediately after the word “No”, the words “volunteer ex‑NSman or”.
New section 106A
22.  The Civil Defence Act is amended by inserting, immediately after section 106, the following section:
Wearing and possession of uniforms, etc., by others
106A.—(1)  A person who, when the person is not a member —
(a)wears or possesses any SCDF uniform, or uses any SCDF insignia —
(i)for the purpose of personating or representing himself as a member; or
(ii)knowing that it is likely to cause any member of the public to believe that he is a member;
(b)uses the designation of a member or a rank of the Force, in connection with any business, occupation or employment —
(i)for the purpose of personating or representing himself as a member; or
(ii)knowing that it is likely to cause any member of the public to believe that he is a member;
(c)represents himself, by word or conduct, to be a member for the purpose of personating or representing himself as a member; or
(d)wears or possesses any SCDF uniform, or uses any SCDF insignia, in connection with any business, occupation or employment, for the purpose of falsely claiming, suggesting or implying —
(i)that the person receives or is to receive, a fee, commission or other reward for providing professional or other services in relation to a matter being dealt with or to be dealt with by the Force;
(ii)that the Force has agreed to acquire any goods or services provided by or on behalf of the person, or that those goods or services had previously been used or acquired by the Force; or
(iii)that the person has the sponsorship or approval of the Force for any goods or services provided by or on behalf of the person,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both.
(2)  A member who wears an SCDF uniform or uses any SCDF insignia otherwise than —
(a)in the course of, and for the purpose of, exercising the functions of a member; or
(b)for such other purpose authorised in writing by the Commissioner,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both.
(3)  It is a defence to any prosecution for an offence under subsection (1)(a) or (2) if the accused proves, on a balance of probabilities, that —
(a)the accused had the express permission of the Commissioner to wear or possess the SCDF uniform or use the SCDF insignia, as the case may be; or
(b)the accused wore or possessed the SCDF uniform or used the SCDF insignia (as the case may be) for the purposes of a public entertainment provided in compliance with the Public Entertainments Act (Cap. 257).
(4)  A person (whether or not a member) who —
(a)manufactures any SCDF uniform or SCDF insignia otherwise than under an agreement with the Government;
(b)sells any SCDF uniform or SCDF insignia to a person who is neither a member nor otherwise authorised or permitted under subsection (3) to wear or possess the SCDF uniform or use the SCDF insignia; or
(c)gives or provides, whether or not for a consideration, any SCDF uniform or SCDF insignia to a person who is neither a member nor otherwise authorised or permitted under subsection (3) to wear or possess the SCDF uniform or use the SCDF insignia,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
(5)  It is a defence to any prosecution for an offence under subsection (4) if the accused proves, on a balance of probabilities, that —
(a)the accused had reasonable grounds to believe and did make reasonable inquiries to ascertain that the person to whom the SCDF uniform or SCDF insignia was sold, given or provided was —
(i)a member; or
(ii)a person otherwise authorised or permitted under subsection (3) to wear or possess the SCDF uniform or use the SCDF insignia; or
(b)the accused had received from the person to whom the SCDF uniform or SCDF insignia was sold, given or provided, evidence purporting to show that —
(i)that person was a member or was otherwise authorised or permitted under subsection (3) to wear or possess the SCDF uniform or use the SCDF insignia; and
(ii)it was reasonable to and the accused did accept that evidence as correct.
(6)  An offence under subsection (1), (2) or (4) is an arrestable offence.
(7)  In this section —
“SCDF insignia” means —
(a)any item (being any insignia, emblem, logo, symbol, representation, device, badge of rank or other thing) that is generally recognised as pertaining to the Force or as being used by members;
(b)any part of any such item;
(c)any reasonable imitation of any such item, or part of such item; or
(d)any insignia, emblem, logo, symbol, representation, device, badge of rank or other thing prescribed as being within this definition;
“SCDF uniform” means the uniform of a member, and includes —
(a)any part of such a uniform or any accoutrement of a member that is generally recognised as a part of the uniform or accoutrement of a member; or
(b)any reasonable imitation of such a uniform or accoutrement, or part of a uniform or accoutrement;
“sell” includes —
(a)exchange or let on hire;
(b)offer, expose, possess, send, forward or deliver for sale, exchange or hire; or
(c)cause, suffer or allow any sale, exchange or hire;
“use”, in relation to SCDF insignia, includes —
(a)driving on a public road a vehicle that has on it any SCDF insignia; and
(b)using a reproduction or representation of SCDF insignia,
but does not include wearing an SCDF uniform.”.
Amendment of section 113
23.  Section 113 of the Civil Defence Act is amended —
(a)by deleting subsection (1) and substituting the following subsection:
(1)  During a state of emergency or a state of civil defence emergency, the Minister may by declaration mobilise all or any of the following for continuous full‑time service:
(a)volunteer ex‑NSmen;
(b)auxiliary members.”;
(b)by inserting, immediately after the word “Whenever” in subsection (3), the words “a volunteer ex‑NSman or”;
(c)by inserting, immediately after the words “employment of” in subsection (3), the words “volunteer ex‑NSmen or”; and
(d)by inserting, immediately after the word “of” in the section heading, the words “ex‑NSmen or”.
Amendment of section 115
24.  Section 115(2) of the Civil Defence Act is amended by deleting the full‑stop at the end of paragraph (p) and substituting a semi‑colon, and by inserting immediately thereafter the following paragraph:
(q)prescribing anything which may be prescribed.”.