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Enlistment (Amendment) Bill

Bill No. 4/2001

Read the first time on 22nd February 2001.

An Act to amend the Enlistment Act (Chapter 93 of the 1995 Revised Edition) and to make related amendments to the Singapore Armed Forces Act (Chapter 295 of the 2000 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 Enlistment (Amendment) Act 2001 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 24

2. Section 24(6) of the Enlistment Act is amended —

(a)

by inserting, immediately after the word “section” in the 1st line, the words “and section 24A”;

(b)

by deleting the definition of “civilian remuneration” and substituting the following definition:

“ “civilian remuneration”, in respect of any person, means the following moneys which a person would have received had he not been required to perform any relevant service —

(a)

remuneration derived from gainful employment; and

(b)

any other pay component —

(i)	that is provided to be paid to the person under his contract of employment or service;
(ii)	that is, immediately before the date of the commencement of relevant service, received by the person on a regular basis for such period as may be prescribed by regulations;
(iii)	in respect of which the employer is liable to pay contributions under section 7 of the Central Provident Fund Act (Cap. 36), unless exempted under that Act; and
(iv)	that falls within the definition of “gains or profits from any employment” in section 10(2) of the Income Tax Act (Cap. 134),

but does not include ex gratia payments or allowances paid to reimburse the person for expenses incurred by him in the course of employment;”; and

(c)

by inserting, immediately after the definition of “mobilised service”, the following definition:

“ “relevant service” means —

(a)	service under section 14 or 18 of this Act or section 118(16) of the Singapore Armed Forces Act (Cap. 295);
(b)	voluntary service under the Singapore Armed Forces Act and any regulations made thereunder or the Police Force Act (Cap. 235) and any regulations made thereunder; or
(c)	mobilised service;”.

New section 24A

3. The Enlistment Act is amended by inserting, immediately after section 24, the following section:

“Direct payment by employer

24A.—(1) Subject to the designated authority’s consent and to such conditions, restrictions and limitations as may be prescribed in regulations made under this Act, the employer of a person who is entitled to claim reimbursement in respect of the performance of any relevant service under section 24(1) may pay to him his civilian remuneration in respect of the period of service and claim that amount from the designated authority.

(2) A person shall not be entitled to claim reimbursement in respect of the performance of any relevant service under section 24(1) if he has been paid his civilian remuneration by his employer under subsection (1).

(3) If a dispute arises between the designated authority and the employer as to the amount that the employer may claim under subsection (1), the matter shall be referred to the Minister whose decision shall be final.”.

New sections 32A, 32B and 32C

4. The Enlistment Act is amended by inserting, immediately after section 32, the following sections:

“Composition of offences

32A.—(1) The proper authority may, in its discretion, compound any offence under this Act or any regulations made thereunder as may be prescribed as being an offence which may be compounded by collecting from a person reasonably suspected of having committed the offence —

(a)	a sum not exceeding $1,000 in the case of an offence under this Act; or
(b)	a sum not exceeding $500 in the case of an offence under the regulations.

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

(3) The Minister may make regulations to prescribe the offences which may be compounded and the method and procedure by which those offences may be compounded under this section.

Enlistment inspectors

32B. The proper authority may appoint one or more public officers as enlistment inspectors to investigate the commission of any offence under this Act or any regulations made thereunder.

Powers of enlistment inspectors and police officers

32C.—(1) Any enlistment inspector may arrest without warrant any person who he reasonably believes has committed an offence under this Act or any regulations made thereunder.

(2) Where a person is arrested by an enlistment inspector under this section, the enlistment inspector shall comply with sections 35 and 36 of the Criminal Procedure Code (Cap. 68) as if he were a police officer.

(3) In any case relating to the commission of an offence under this Act or any regulations made thereunder, any enlistment inspector shall have the power to do all or any of the following:

(a)	to require by order any person who the enlistment inspector has reason to believe has any article, document or information relevant to the carrying out of the provisions of this Act or any regulations made thereunder to produce any such article or document, or give such information, and to retain the article or document, or make copies of such documents;
(b)	to examine orally any person supposed to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act or any regulations made thereunder, and to reduce into writing the answer given or statement made by that person who shall be bound to state truly the facts and circumstances with which he is acquainted, and the statement made by that person shall be read over to him and shall, after correction, be signed by him;
(c)	to require by order in writing the attendance before him of any person who, from information given or otherwise, appears to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act or any regulations made thereunder, and that person shall so attend as required and if he fails to attend as so required, to report such failure to a Magistrate who may thereupon issue a warrant to secure the attendance of that person as required by the order.

(4) Any enlistment inspector specially authorised in writing by the proper authority may, with a warrant issued by the proper authority, and with or without assistance, enter and search any premises, if he has reasonable cause to believe —

(a)	that evidence of the commission of an offence under this Act or any regulations made thereunder can be found therein; and
(b)	that a person to whom an order under subsection (3)(a) has been or might be issued will not or would not produce the article, document or information as directed in the order or that the document, article or information is not in the possession of any person,

and may seize any evidence so found.

(5) In addition to any other power conferred by written law, any police officer may exercise the powers conferred upon an enlistment inspector under subsections (1) and (3).”.

Related amendments to Singapore Armed Forces Act

5. The Singapore Armed Forces Act (Cap. 295) is amended —

(a)

by inserting, immediately after subsection (1) of section 109, the following subsections:

“(1A) Without prejudice to the generality of subsection (1) but subject to section 111, where an offence under this Act triable by a subordinate military court or by a disciplinary officer has been committed or is reasonably suspected of having been committed by any person while subject to military law, the subordinate military court or disciplinary officer before which the offence is triable may order that person to report for trial for the offence as if that person continued to be subject to military law notwithstanding his ceasing at any time to be subject to military law.

(1B) Any person who fails to comply with any order under subsection (1A) —

(a)	shall be deemed to have failed to comply with a lawful order within the meaning of section 17(2); and
(b)	shall be liable to be arrested, proceeded against and punished for an offence under section 17(2) as if he continued to be subject to military law.”;

(b)

by deleting the words “or is absent without leave” in section 167(1) and substituting the words “, is absent without leave or has failed to comply with an order under section 109(1A)”;

(c)

by deleting the words “or is absent without leave” in section 168(1) and substituting the words “, is absent without leave or has failed to comply with an order under section 109(1A)”;

(d)

by inserting, immediately after the word “Forces” in the 2nd line of section 168(2), the words “or has failed to comply with an order under section 109(1A)”;

(e)

by inserting, immediately after the word “absent” in the 1st line of section 168(3), the words “, or has failed to comply with an order under section 109(1A),”; and

(f)

by deleting the words “or absence without leave” in section 168(3)(b) and substituting the words “, absence without leave or failure to comply with a lawful order under section 109(1A)”.