Small Claims Tribunals (Amendment) Bill

Bill No. 15/1997

Read the first time on 19th November 1997.

An Act to amend the Small Claims Tribunals Act (Chapter 308 of the 1996 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 may be cited as the Small Claims Tribunals (Amendment) Act 1997 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 17

2. Section 17 of the Small Claims Tribunals Act (referred to in this Act as the principal Act) is amended by inserting, immediately after subsection (8), the following subsections:

“(9) Any person aggrieved by an order of the Registrar made under subsection (5), (6) or (7) may apply to the Registrar for the order to be set aside.

(10) An application made under subsection (9) shall be made within one month after the consultation or such further period as the Registrar may allow.”.

New section 17A

3. The principal Act is amended by inserting, immediately after section 17, the following section:

“Consultation before Registrar by electronic means

17A.—(1) The Registrar may, on such conditions as he may impose, permit the consultation to be conducted by telephone, videophone or any other electronic means (referred to in this section as electronic means).

(2) The Registrar may at any time direct any consultation by electronic means to cease and order the parties to appear in person at a designated place for the consultation.

(3) Any order made by the Registrar at the consultation by electronic means may be set aside on the application of any person aggrieved by that order if the Registrar is satisfied that either party has been impersonated or that any person who participated in the consultation did not have authority to represent the party concerned.

(4) An application made under subsection (3) shall be made within one month after the order was made or such further period as the Registrar may allow.”.

New section 18A

4. The principal Act is amended by inserting, immediately after section 18, the following section:

“Claim may be admitted by telephone or in writing

18A.—(1) The Registrar may, on such conditions as he may impose, permit a respondent, at any time before an order on the claim has been made by the Registrar or the tribunal, to admit the claim against him orally by telephone.

(2) The Registrar may accept any admission to the claim in writing by the respondent if such admission is received before any order on the claim had been made by the Registrar or the tribunal.

(3) The Registrar may, in his discretion, reject an admission purportedly made under subsection (1) or (2) and direct the respondent to appear in person at the consultation or before a tribunal.

(4) If the Registrar is satisfied that an admission under subsection (1) or (2) is in order, the Registrar may make an order under section 32 against the respondent and the order shall have effect as if it were an order of a tribunal under that section.

(5) Any order made by the Registrar under subsection (4) may be set aside on the application of the respondent if the Registrar is satisfied that the admission was not made by the respondent or with the respondent’s authority.

(6) An application under subsection (5) shall be made within one month after the date of the order or such further period as the Registrar may allow.”.

New section 22A

5. The principal Act is amended by inserting, immediately after section 22, the following section:

“Proceedings before tribunal conducted by electronic means, etc.

22A.—(1) A tribunal may, on such conditions as it may impose, permit proceedings before the tribunal to be conducted by telephone, videophone or any other electronic means (referred to in this section as electronic means).

(2) The tribunal may at any time direct any proceedings before it conducted by electronic means to cease and order the parties to appear in person at a designated place for the hearing.

(3) Any order made by the tribunal at the proceedings before it by electronic means may be set aside on the application of a person aggrieved by that order if the tribunal is satisfied that either party has been impersonated or that any person who participated in the hearing did not have authority to represent the party concerned.

(4) An application made under subsection (3) shall be made within one month after the order was made or such further period as the tribunal may allow.”.

Amendment of section 38

6. Section 38 of the principal Act is amended —

(a)

by deleting subsections (1) and (2) and substituting the following subsections:

“(1) Any order of —

(a)	the tribunal under section 22A(3) or 26(1);
(b)	the Registrar under section 17(9), 17A(3) or 18A(5),

may, on the application of a person aggrieved by that order, be set aside by the tribunal and the tribunal may make such further order as it thinks just.

(2) An application under subsection (1) shall be made within one month after the date on which the order was made or such further period as the tribunal may allow.”.

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