Statutes (Miscellaneous Amendments) Act 2003

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 11]

Friday, May 16

[2003

The following Act was passed by Parliament on 24th April 2003 and assented to by the President on 5th May 2003:—

Statutes (Miscellaneous Amendments) Act 2003

(No. 9 of 2003)

I assent.

S R NATHAN,

President.

5th May 2003.

Date of Commencement: 16th May 2003

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. This Act may be cited as the Statutes (Miscellaneous Amendments) Act 2003 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of Interpretation Act

2. Section 2(1) of the Interpretation Act (Cap. 1, 2002 Ed.) is amended by inserting, immediately after the word “thereunder” in the definition of “prescribed”, the words “and, in relation to forms, includes being set out in electronic form on an electronically accessible server (such as an internet website) that is specified in the Act or subsidiary legislation in which the word occurs”.

Amendment of Arbitration Act

3. Section 46 of the Arbitration Act (Cap. 10, 2002 Ed.) is amended by inserting, immediately after subsection (2), the following subsection:

“(3) Notwithstanding section 3, subsection (1) shall apply to an award irrespective of whether the place of arbitration is Singapore or elsewhere.”.

Amendment of Bankruptcy Act

4. The Bankruptcy Act (Cap. 20, 2000 Ed.) is amended —

(a)	by deleting the words “Sections 19, 24, 108, 113, 116, 125 and 165” in section 36(3) and substituting the words “Sections 19, 24, 95A, 108, 113, 116, 123A, 125 and 165”; and
(b)	by deleting the words “the debts which have been paid” in section 123(1)(b) and substituting the words “both the debts”.

Amendment of Business Registration Act

5. Section 22(1) of the Business Registration Act (Cap. 32, 2001 Ed.) is amended by inserting, immediately after the words “undischarged bankrupt”, the words “(whether he was adjudicated bankrupt by a Singapore court or a foreign court having jurisdiction in bankruptcy)”.

Amendment of Civil Service College Act

6. The Civil Service College Act (Cap. 45, 2002 Ed.) is amended by deleting the words “Board of Governors” in the following provisions and substituting in each case the words “Board of Directors”:

Section 2 (definition of “Board”) and section 5 (subsection (1) and the section heading).

Amendment of Companies Act

7. Section 320 of the Companies Act (Cap. 50, 1994 Ed.) is amended by deleting the words “5 years” in subsections (2) and (3) and substituting in each case the words “2 years”.

Amendment of Land Acquisition Act

8. Section 23(1) of the Land Acquisition Act (Cap. 152, 1985 Ed.) is amended by inserting, immediately after the word “less” in paragraph (b), the words “, unless a written waiver from the Collector has been obtained”.

Amendment of Moneylenders Act

9. Section 21 of the Moneylenders Act (Cap. 188, 1985 Ed.) is amended by deleting subsection (2) and substituting the following subsection:

“(2) No proof of a debt due to a moneylender in respect of a loan made by him shall be admitted for any of the purposes of the Bankruptcy Act unless the information prescribed by general rules made under that Act is submitted.”.

Amendment of Mutual Benefit Organisations Act

10. Section 31(1) of the Mutual Benefit Organisations Act (Cap. 191, 1985 Ed.) is amended —

(a)	by deleting the words “Official Assignee” wherever they appear in paragraphs (a), (b), (d) and (e) and substituting in each case the words “Official Receiver”;
(b)	by deleting the words “or Official Receiver under the Bankruptcy Act or” in paragraph (e); and
(c)	by deleting the marginal reference “Cap. 20.” in paragraph (e).

Amendment of Payment and Settlement Systems (Finality and Netting) Act 2002

11. The Payment and Settlement Systems (Finality and Netting) Act 2002 (Act 39 of 2002) is amended by inserting, immediately after section 16, the following sections:

“Composition of offences

16A.—(1) The Authority may, in its discretion, compound any offence under this Act which is prescribed as a compoundable offence by collecting from any person reasonably suspected of having committed the offence a sum not exceeding $10,000.

(2) On payment of such sum of money, no further proceedings shall be taken against that person in respect of the offence.

(3) The Authority may make regulations to prescribe the offences which may be compounded.

(4) All sums collected under this section shall be paid to the Authority.

Jurisdiction of District Court

16B. Notwithstanding any provision to the contrary in the Criminal Procedure Code (Cap. 68), a District Court shall have jurisdiction to try any offence under this Act and shall have power to impose the full penalty or punishment in respect of the offence.”.

Amendment of Prisons Act

12. Section 84(2) of the Prisons Act (Cap. 247, 2000 Ed.) is amended by deleting paragraph (f) and substituting the following paragraph:

“(f)

the granting, notwithstanding anything to the contrary in any law, of remission in respect of sentences of imprisonment and imprisonment in default of payment of fine to prisoners who duly comply with the regulations that apply to them and with the conditions on which such remissions are to be made;”.

Amendment of Public Trustee Act

13. The Public Trustee Act (Cap. 260, 1985 Ed.) is amended —

(a)

by inserting, immediately after subsection (1) of section 4, the following subsection:

“(1A) In addition to the powers and duties under subsection (1), the Public Trustee may undertake such other functions and duties relating to victims of motor accidents and their claims to compensation as the Minister may assign to him.”; and

(b)

by deleting subsections (2), (3) and (4) of section 23 and substituting the following subsection:

“(2) All rules made under this section shall be presented to Parliament as soon as possible after publication in the Gazette.”.

Amendment of Societies Act

14. Section 25 of the Societies Act (Cap. 311, 1985 Ed.) is amended by deleting subsection (1) and substituting the following subsections:

“(1) Upon the making of an order of dissolution against any society under section 24 —

(a)

the property of the society shall forthwith vest either in the Official Receiver or, if any other officer is appointed for the purpose of winding up by the Minister in the notification of the order, then in that officer; and

(b)

the Official Receiver or that other officer shall proceed to wind up the affairs of the society and, after satisfying and providing for all debts and liabilities of the society and the costs of winding up, shall pay the surplus assets, if any, of the society —

(i)	where the Minister so directs, into the Consolidated Fund; and
(ii)	in the absence of a direction by the Minister, to the members of the society according to the rules of the society.

(1A) For the purposes of the winding up of the affairs of the society, the Official Receiver or that other officer shall have all the powers vested in the Official Receiver under the Companies Act (Cap. 50) for the purpose of the discovery of the property of a debtor and the realisation thereof, and the provisions of that Act shall apply, with the necessary modifications, to the winding up of the affairs of the society under this Act.”.

Amendment of Trade Unions Act

15. Section 20 of the Trade Unions Act (Cap. 333, 1985 Ed.) is amended —

(a)

by deleting the words “Official Assignee in Bankruptcy” in subsection (1)(a) and (b) and substituting in each case the words “Official Receiver”; and

(b)

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

“(3) For the purpose of winding up the affairs of the trade union, the Official Receiver shall have all the powers vested in the Official Receiver under the Companies Act (Cap. 50) for the purpose of discovery of the property of a debtor, the realisation thereof and the winding up of a company, and the provisions of that Act shall apply, with the necessary modifications, to the winding up of the affairs of a trade union under this Act.”.

Miscellaneous amendments

16. The Acts specified in the first column of the Schedule are amended in the manner set out in the second column thereof.

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