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incorporating all amendments published on or before 20/06/2013.
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REPUBLIC OF SINGAPORE
GOVERNMENT GAZETTE
ACTS SUPPLEMENT
Published by Authority
| NO. 6] | Friday, September 12 | [1997 |
The following Act was passed by Parliament on 25th August 1997 and assented to by the President on 2nd September 1997:—
Statutes (Miscellaneous Amendments) Act 1997
(No. 7 of 1997)
I assent.
ONG TENG CHEONG
President 2nd September 1997. |
Date of Commencement: 1st October 1997
Date of Commencement: 1st September 1998
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:
1.
—(1) This Act may be cited as the Statutes (Miscellaneous Amendments) Act 1997 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
(2) The Minister may appoint different dates for the coming into operation of the different provisions of this Act.
2.
—(1) The Interpretation Act (Cap. 1) is amended —
(a)
by inserting, immediately after the word “for” in the second line of section 20(b), the words “the determination of the manner and method of payment and”; and
(b)
by inserting, immediately after the word “responsible” in the last line of section 35, the words “or of any public officer duly authorised in writing by the Minister”.
3.
—(1) Section 2 of the Pensions Act (Cap. 225) is amended by inserting, immediately after the definition of “other public service”, the following definition:
“ “Pension Authority”, in relation to any officer or retired officer, means a Pension Authority appointed under section 2A for that officer or the class to which that officer belongs;”.
(2) The Pensions Act is amended by inserting, immediately after section 2, the following sections:
2A.
—(1) The President may, for the purposes of this Act, appoint by order in the Gazette one or more Pension Authorities comprising any public officer or group of public officers.
(2) The order under subsection (1) shall specify the class or classes of public officers in respect of which a Pension Authority may exercise its powers or perform its functions under this Act.
(3) A Pension Authority may depute any public officer to exercise or perform on its behalf any power or function conferred on the Pension Authority by this Act subject to such conditions as may be specified by the Pension Authority.
(4) A Pension Authority may exercise any powers or perform any functions conferred on it by this Act notwithstanding the delegation by it of those powers or functions under subsection (3).
2B.
—(1) Subject to subsection (2), the President may depute any Pension Authority to exercise or perform on his behalf any power or function conferred on the President by this Act subject to such conditions as may be specified by the President.
(2) Nothing in subsection (1) shall authorise the President to depute any Pension Authority to exercise on his behalf any of the following powers:
(a)
to make regulations under this Act;
(b)
to declare any office or class of office to be pensionable or non-pensionable, as the case may be, under section 2;
(c)
to determine any service to be public service for the purpose of any provision of this Act;
(d)
to vary the commutation factor or discount rate under section 16;
(e)
to designate schemes of service under section 18(3)(a).
(3) Where by virtue of subsection (1) any power or function of the President under this Act may be exercised or performed on his behalf by a Pension Authority, then, unless the President otherwise directs, the Pension Authority may arrange for the exercise or performance of that power or function by any other public officer.
(4) Any arrangements made by a Pension Authority under subsection (3) for the exercise or performance of any power or function by a public officer shall not prevent the Pension Authority by whom the arrangements were made from exercising or performing that power or function.
(5) The President may also exercise any power or perform any function conferred on him by this Act notwithstanding the delegation by him of that power or function under subsection (1).”.
(3) Section 5 of the Pensions Act is amended by deleting subsection (2) and substituting the following subsection:
“(2) Subject to Article 113 of the Constitution, where it is established to the satisfaction of a Pension Authority that an officer over which it has jurisdiction has been guilty of negligence, irregularity or misconduct, it shall be lawful for the Pension Authority to withhold the pension, gratuity or other allowance for which such officer would have become eligible but for this section.”.
(4) Section 7(2) of the Pensions Act is amended by deleting the words “acting on the advice of the Cabinet,” in paragraph (i).
(5) The Pensions Act is amended by deleting the word “President” wherever it appears in the following provisions and substituting in each case the words “relevant Pension Authority”:
Sections 8 (1) (seventh line), 10 (3) (fourth line), 13 (3) (fifth and sixteenth lines), 14 (1) (sixth line), 14 (2) (second line), 16 (1) (third line), 16 (2) (third line), 16 (2A) (eighth line) and 17 (1) (seventh line).
4. Section 37 of the Probate and Administration Act (Cap. 251) is repealed and the following sections substituted therefor:
37.
—(1) Where a person dies intestate, his real and personal estate shall vest in the Public Trustee.
(2) Where a testator dies and —
(a)
at the time of his death there is no executor with power to obtain probate of the will; or
(b)
at any time before probate of the will is granted there ceases to be any executor with power to obtain probate,
the real and personal estate of which the testator disposes by the will shall vest in the Public Trustee with effect from the time specified in paragraph (a) or (b) in relation to each case.
(3) The vesting by virtue of this section of any estate in the Public Trustee shall not, without more, confer or impose on him any power, duty, right, equity, obligation or liability in respect of the estate.
(4) Any estate or part of an estate vested in the Public Trustee under subsection (1) or (2) shall cease to be so vested on the grant of administration in respect of the estate or part in question.
37A.
—(1) Any estate or part of an estate of a deceased person vested in the Chief Justice under section 37 immediately before the commencement of section 4 of the Statutes (Miscellaneous Amendments) Act 1997 (referred to in this section as the appointed day) shall on the appointed day vest in the Public Trustee.
(2) Subject to subsection (3), the amendment made to this Act by the Statutes (Miscellaneous Amendments) Act 1997 applies in respect of a person’s estate whether the person died before or after the appointed day.
(3) Where, but for this subsection, the vesting under section 37 (as amended by the Statutes (Miscellaneous Amendments) Act 1997) of any estate of a testator would have effect from a time before the appointed day, the vesting shall have effect from that day and section 37(2) shall have effect subject to this.”.
5.
—(1) Section 2 of the Criminal Procedure Code (Cap. 68) is amended by inserting, immediately after the words “marginal notes” in the penultimate line, the words “or section headings”.
(2) Section 4(1) of the Revised Edition of the Laws Act (Cap. 275) is amended by inserting, immediately after the words “marginal notes,” in paragraph (d), the words “section headings,”.
6. The provisions of the Acts specified in the first column of the First Schedule are amended in the manner specified in the second column thereof.
7. The provisions of the Acts specified in the first column of the Second Schedule are amended in the manner specified in the second column thereof.
8. The provisions of the Acts specified in the first column of the Third Schedule are amended in the manner specified in the second column thereof.
9.
—(1) Any person who is appointed to any office before the commencement of section 7 under any of the provisions of the Acts specified in the first column of the Second Schedule shall continue in his appointment to that office as if he had been appointed under that same provision as amended by this Act.
(2) Any rule, order or other subsidiary legislation made and in force immediately before the commencement of section 7 under any of the provisions of the Acts specified in the first column of the Second Schedule shall be deemed to have been made under that same provision as amended by this Act.
FIRST SCHEDULE
|
First column |
|
Second column |
|---|---|---|
(1) The Interpretation Act (Chapter 1, 1997 Ed.) | ||
Delete the definition of “common law” and substitute the following definition:
“ “common law” means the common law in so far as it is in operation in Singapore and any custom or usage having the force of law in Singapore;”. | ||
(2) The Bills of Exchange Act (Chapter 23, 1985 Ed.) | ||
Section 101 | Delete subsection (2). | |
(3) The Defamation Act (Chapter 75, 1985 Ed.) | ||
The Schedule, Part I | Delete the words “or under any Act of the United Kingdom Parliament” in paragraph 1(d). | |
(4) The Estate Duty Act (Chapter 96, 1985 Ed.) | ||
Section 28 | Delete subsection (4). | |
(5) The Evidence Act (Chapter 97, 1990 Ed.) | ||
(a) Section 59(1) | (i) Delete the words “Parliament of Malaysia or the Parliament of the United Kingdom” in paragraph (b) and substitute the words “legislature of any territory within the Commonwealth”. | |
(ii) Delete the words “Parliament of Malaysia or the legislature of any State thereof and of the Parliament of the United Kingdom” in paragraph (d) and substitute the words “legislature of any territory within the Commonwealth”. | ||
(iii) Delete the explanation below paragraph (d). | ||
(iv) Delete the words “courts of admiralty and maritime jurisdiction and of” in the third and fourth lines of paragraph (f). | ||
(b) Section 102 | (i) Delete the words “, but they shall be construed according to the rules of construction which would be applicable thereto if they were being construed in a court of justice in England”. | |
(ii) Delete the words “to be governed by English law” in the marginal note. | ||
(6) The Exchange Control Act (Chapter 99, 1985 Ed.) | ||
Section 35(2) | Delete the words “in the Bills of Exchange Act 1882 of the United Kingdom, or” in the first and second lines and the marginal reference “U.K. 1882 c.61.”. | |
(7) The Frustrated Contracts Act (Chapter 115, 1985 Ed.) | ||
Section 3(5)(c) | (i) Delete “1979” in the second line and insert “(Cap. 393)”. | |
(ii) Delete the marginal reference “U.K. 1979 c.54.”. | ||
(8) The Government Proceedings Act (Chapter 121, 1985 Ed.) | ||
Section 2(2) | Delete the definition of “civil proceedings” and substitute the following definition:
“ “civil proceedings” means proceedings of whatever kind of a civil nature before a court and includes proceedings for judicial review and recovery of fines and penalties and an application at any stage of a proceeding;”. | |
(9) The High Court (Admiralty Jurisdiction) Act (Chapter 123, 1985 Ed.) | ||
Section 5(7) | Delete the definition of “collision regulations” and substitute the following definition:
“ “collision regulations” means the regulations made under section 100(2)(h) of the Merchant Shipping Act (Chapter 179) and any regulations made under subsection (1) of section 41 of the Maritime and Port Authority of Singapore Act (Chapter 170A) for or in respect of any of the matters mentioned in paragraph (d) of that subsection;”. | |
(10) The Legal Profession Act (Chapter 161, 1994 Ed.) | ||
(a) Section 29 | Delete subsection (3). | |
(b) Section 82 | Delete subsections (3) and (4). | |
(c) Section 124 | Delete subsection (3). | |
(11) The Supreme Court of Judicature Act (Chapter 322, 1985 Ed.) (1993 Reprint) | ||
Section 62(1) | Delete the words “the same jurisdiction, powers and duties as the masters of the Supreme Court, clerks of criminal courts, registrars and like officers in the Supreme Court of Judicature in England and, in addition, such further” and substitute the word “such”. | |
(12) The Trustees Act (Chapter 337, 1985 Ed.) | ||
Section 88 | Delete. | |
(13) The Wills Act (Chapter 352, 1996 Ed.) | ||
Delete the words “or devise of the custody and tuition of any child by virtue of the Tenures Abolition Act 1660” in the definition of “will” and delete the marginal reference “U.K. 1660 c.24.”. | ||
(14) The Bishop of Singapore Ordinance (Chapter 355, 1985 Ed.) | ||
Delete the words “Her Majesty”, and the word “Crown” in the marginal note, and substitute the words “the Government” and “Government”, respectively. | ||
(15) The Brothers of St. Gabriel Ordinance (Chapter 356, 1985 Ed.) | ||
Delete the words “Her Majesty the Queen, Her Heirs and Successors”, and the word “Crown” in the marginal note, and substitute the words “the Government” and “Government”, respectively. | ||
(16) The Christian Brothers’ Schools Visitor Ordinance (Chapter 358, 1985 Ed.) | ||
Delete the words “Her Majesty”, and the word “Crown” in the marginal note, and substitute the words “the Government” and “Government”, respectively. | ||
(17) The Daughters of Charity of the Canossian Institute Incorporation Ordinance (Chapter 359, 1985 Ed.) | ||
Delete the words “Her Majesty the Queen, Her Heirs and Successors”, and the word “Crown” in the marginal note, and substitute the words “the Government” and “Government”, respectively. | ||
(18) The District Grand Master of the Eastern Archipelago Ordinance (Chapter 360, 1985 Ed.) | ||
Delete the words “Her Majesty”, and in the marginal note, and substitute the words “the Government” and “Government”, respectively. | ||
(19) The Franciscan Missionaries of the Divine Motherhood Ordinance (Chapter 362, 1985 Ed.) | ||
Delete the words “Her Majesty the Queen, Her Heirs and Successors”, and the word “Crown” in the marginal note, and substitute the words “the Government” and “Government”, respectively. | ||
(20) The Good Shepherd Nuns Ordinance (Chapter 363, 1985 Ed.) | ||
Delete the words “Her Majesty the Queen, Her Heirs and Successors”, and the word “Crown” in the marginal note, and substitute the words “the Government” and “Government”, respectively. | ||
(21) The Jewish Synagogue Ordinance (Chapter 365, 1985 Ed.) | ||
Delete the words “Her Majesty” and substitute the words “the Government”. | ||
(22) The Kwong-Wai-Shiu Hospital Ordinance (Chapter 366, 1985 Ed.) | ||
Section 21 | Delete the words “Her Majesty the Queen, Her Heirs and Successors”, and the word “Crown” in the marginal note, and substitute the words “the Government” and “Government”, respectively. | |
(23) The Little Sisters of the Poor Ordinance (Chapter 367, 1985 Ed.) | ||
Delete the words “Her Majesty the Queen, Her Heirs and Successors”, and the word “Crown” in the marginal note, and substitute the words “the Government” and “Government”, respectively. | ||
(24) The Methodist Episcopal Location Board Ordinance (Chapter 368, 1985 Ed.) | ||
Delete the words “Her Majesty” and the word “Crown” in the marginal note, and substitute the words “the Government” and “Government”, respectively. | ||
(25) The Missions Étrangéres Ordinance (Chapter 369, 1985 Ed.) | ||
Delete the words “Her Majesty”, and the word “Crown” in the marginal note, and substitute the words “the Government” and “Government”, respectively. | ||
(26) The Ngee Ann Kongsi (Incorporation) Ordinance (Chapter 370, 1985 Ed.) | ||
Section 22 | Delete the words “Her Majesty”, and the word “Crown” in the marginal note, and substitute the words “the Government” and “Government”, respectively. | |
(27) The Portuguese Missions Ordinance (Chapter 371, 1985 Ed.) | ||
Delete the words “Her Majesty, Her Heirs and Successors”, and the word “Crown” in the marginal note, and substitute the words “the Government” and “Government”, respectively. | ||
(28) The Presbyterian Church of England Mission Ordinance (Chapter 373, 1985 Ed.) | ||
Delete the words “Her Majesty”, and the word “Crown” in the marginal note, and substitute the words “the Government” and “Government”, respectively. | ||
(29) The Redemptorist Fathers Ordinance (Chapter 374, 1985 Ed.) | ||
Delete the words “Her Majesty the Queen, Her Heirs and Successors”, and the word “Crown” in the marginal note, and substitute the words “the Government” and “Government”, respectively. | ||
(30) The Saint Andrew’s Mission Hospital Ordinance (Chapter 376, 1985 Ed.) | ||
Section 36 | Delete the words “Her Majesty the Queen Her Heirs and Successors”, and the word “Crown” in the marginal note, and substitute the words “the Government” and “Government”, respectively. | |
(31) The Salvation Army Ordinance (Chapter 377, 1985 Ed.) | ||
Section 11 | Delete the words “Her Majesty the Queen, Her Heirs, and Successors”, and the words “Her Majesty” in the marginal note, and substitute the words “the Government” and “Government”, respectively. | |
(32) The Scheut Missions Ordinance (Chapter 378, 1985 Ed.) | ||
Delete the words “Her Majesty”, and the word “Crown” in the marginal note, and substitute the words “the Government” and “Government”, respectively. | ||
(33) The Secretary of the Synod of the Diocese of Singapore Ordinance (Chapter 379, 1985 Ed.) | ||
Delete the words “Her Majesty the QUEEN, Her Heirs and Successors”, and the word “Crown” in the marginal note, and substitute the words “the Government” and “Government”, respectively. | ||
(34) The Society of Saint Maur Incorporation Ordinance (Chapter 381, 1985 Ed.) | ||
Delete the words “Her Majesty”, and the word “Crown” in the marginal note, and substitute the words “the Government” and “Government”, respectively. | ||
(35) The Treasurer of Presbyterian Church, Singapore Ordinance (Chapter 383, 1985 Ed.) | ||
Delete the words “Her Majesty”, and the word “Crown” in the marginal note, and substitute the words “the Government” and “Government”, respectively. |
SECOND SCHEDULE
|
First column |
|
Second column |
|---|---|---|
(1) The Air Navigation Act (Chapter 6, 1985 Ed.) | ||
(a) Section 5(3) | Delete the word “President” in the last line and substitute the word “Minister”. | |
(b) Section 7(1) | Delete the word “President” and substitute the word “Minister”. | |
(2) The Animals and Birds Act (Chapter 7, 1985 Ed.) | ||
Delete the word “President” and substitute the word “Minister”. | ||
(3) The Bills of Exchange Act (Chapter 23, 1985 Ed.) | ||
Section 99(3) | Delete the word “President” and substitute the word “Minister”. | |
(4) The Boundaries and Survey Maps Act (Chapter 25, 1985 Ed.) | ||
Delete the word “President” and substitute the word “Minister”. | ||
(5) The Civil Law Act (Chapter 43, 1994 Ed.) | ||
Section 18(1) | Delete the word “President” in the proviso and substitute the word “Minister”. | |
(6) The Coin Act (Chapter 46, 1985 Ed.) | ||
Section 4(4) | Delete the words “or of any officer appointed in that behalf by the President;” and substitute the word “and”. | |
(7) The Common Gaming Houses Act (Chapter 49, 1985 Ed.) | ||
Section 21 (and marginal note) | Delete the word “President” wherever it appears and substitute in each case the word “Minister”. | |
(8) The Companies Act (Chapter 50, 1994 Ed.) | ||
Section 400(2) | (i) Delete the words “has applied to the President for such exemption and the application has on the recommendation of the Minister been granted” and substitute the words “, has applied to and obtained from the Minister such exemption”. | |
(ii) Delete the word “President” at the end thereof and substitute the word “Minister”. | ||
(9) The Control of Rent Act (Chapter 58, 1985 Ed.) | ||
Section 30 | Delete the word “President” and substitute the word “Minister”. | |
(10) The Conveyancing and Law of Property Act (Chapter 61, 1994 Ed.) | ||
Section 48(7) | Delete the words “with the concurrence of the President”. | |
(11) The Criminal Procedure Code (Chapter 68, 1985 Ed.) | ||
Sections 405, 407(1) (and marginal note) and 408 | Delete the word “President” wherever it appears and substitute in each case the word “Minister”. | |
(12) The Economic Development Board Act (Chapter 85, 1992 Ed.) | ||
Section 5(10) | Delete the word “President” and substitute the word “Minister”. | |
(13) The Education Act (Chapter 87, 1985 Ed.) | ||
Section 51 | Delete the word “President” and substitute the word “Minister”. | |
(14) The Evidence Act (Chapter 97, 1990 Ed.) | ||
Section 125 | Delete the word “President” and substitute the word “Minister”. | |
(15) The Housing and Development Act (Chapter 129, 1997 Ed.) | ||
(a) Section 2(1) | Delete the word “President” in the definition of “Collector” and substitute the words “Minister for Law”. | |
(b) Section 75(2)(b) | Delete the words “the President or”. | |
(16) The Land Acquisition Act (Chapter 152, 1985 Ed.) | ||
Delete the word “President” in the definition of “Collector” and substitute the word “Minister”. | ||
(17) The Military Manoeuvres Act (Chapter 182, 1985 Ed.) | ||
Section 8(1) | Delete the word “President” and substitute the word “Minister”. | |
(18) The Official Secrets Act (Chapter 213, 1985 Ed.) | ||
(a) Section 2(1) | (i) Delete the word “President” in the definition of “officer of police” and substitute the word “Minister”. | |
(ii) Delete the word “President” wherever it appears in paragraph (f) of the definition of “prohibited place” and substitute in each case the word “Minister”. | ||
(b) Section 3 | (i) Delete the word “President” in the twelfth line of subsection (3) and substitute the word “Minister”. | |
(ii) Delete the word “President” in the fourth line of subsection (8) and substitute the word “Minister”. | ||
(c) Section 18 | Delete the word “President” and substitute the word “Minister”. | |
(19) The Payroll Tax Act (Chapter 223, 1985 Ed.) | ||
(a) Section 11(1) | Delete the word “President” and substitute the word “Minister”. | |
(b) The Schedule | Delete the word “President” in item 5 and substitute the word “Minister”. | |
(20) The People’s Association Act (Chapter 227, 1994 Ed.) | ||
Section 4(3) | Delete the word “President” and substitute the word “Board”. | |
(21) The Petroleum Act (Chapter 229, 1985 Ed.) | ||
(a) Section 2 | Insert, immediately after the definition of “import”, the following definition:
“ “licensing authority” means a person appointed by the Minister to issue licences for keeping petroleum under section 20;”. | |
(b) Section 20 | (i) Delete the word “Minister” wherever it appears in subsections (1), (2), (4), (6), (7) and (9) and substitute in each case the words “licensing authority”. | |
(ii) Delete the word “President” wherever it appears in subsections (4) and (9) and substitute in each case the word “Minister”. | ||
(iii) Delete subsection (8). | ||
(c) Section 21(1) | Delete the word “President” and substitute the word “Minister”. | |
(d) Section 28(1), (4) and (5) | Delete the word “President” wherever it appears and substitute in each case the word “Minister”. | |
(22) The Planning Act (Chapter 232, 1990 Ed.) | ||
Delete the word “President” in the definition of “Collector” and substitute the words “Minister for Law”. | ||
(23) The Prisons Act (Chapter 247, 1985 Ed.) | ||
(a) Section 8(1) | Delete the word “President” and substitute the word “Minister”. | |
(b) Section 46(2) | Delete the word “President” and substitute the word “Minister”. | |
(24) The Probate and Administration Act (Chapter 251, 1985 Ed.) | ||
(a) Section 2 | Delete the word “President” in the definition of “official assignee” and substitute the word “Minister”. | |
(b) Section 45 | Delete the word “President” in the definition of “Commonwealth” and substitute the word “Minister”. | |
(c) Section 60 | Delete the word “President” and substitute the word “Minister”. | |
(25) The Property Tax (Surcharge) Act (Chapter 255, 1985 Ed.) | ||
Delete the word “President” and substitute the word “Minister”. | ||
(26) The Public Trustee Act (Chapter 260, 1985 Ed.) | ||
Delete the word “President” wherever it appears and substitute in each case the word “Minister”. | ||
(27) The Registration of Births and Deaths Act (Chapter 267, 1985 Ed.) | ||
Delete the word “President” wherever it appears in subsections (1) and (2) and substitute in each case the word “Minister”. | ||
(28) The Registration of Criminals Act (Chapter 268, 1985 Ed.) | ||
Section 15 | Delete the word “President” and substitute the word “Minister”. | |
(29) The Residential Property Act (Chapter 274, 1985 Ed.) | ||
Section 29(1) and (2) | Delete the word “President” wherever it appears and substitute in each case the word “Minister”. | |
(30) The Tin and Tin-Ore (Disclosure of Smelters’ Stocks) Act (Chapter 326, 1985 Ed.) | ||
(a) Section 2 | Delete the word “President” in the definition of “Controller” and substitute the word “Minister”. | |
(b) Section 3 | Delete the word “President” and substitute the word “Minister”. | |
(31) The Trade Marks Act (Chapter 332, 1992 Ed.) | ||
Section 75(4) | Delete the word “President” and substitute the word “Minister”. |
THIRD SCHEDULE
|
First column |
|
Second column |
|---|---|---|
Fourth Schedule, Part I | (i) Delete paragraph (a) in the first column of item 5 and substitute the following paragraph: “(a) The cost of the removal of any object or structure pursuant to a notice served by the Authority under section 11 of the Rapid Transit Systems Act (Cap. 263A) or section 13 of the Street Works Act (Cap. 320A) and which was erected and maintained in contravention of any written law.”. | |
(ii) Delete paragraphs (a) and (b) in the third column of item 5 and substitute the following paragraphs: “(a) The person on whom the notice under section 11 of the Rapid Transit Systems Act or section 13 of the Street Works Act, as the case may be, is served. (b) The person on whom the notice under section 11 of the Rapid Transit Systems Act or section 13 of the Street Works Act, as the case may be, is served.”. | ||
(2) The Parking Places Act (Chapter 214, 1996 Ed.) | ||
Section 11(1) | Delete the word “Authority” wherever it appears and substitute in each case the word “Minister”. | |
(3) The Road Traffic Act (Chapter 276, 1994 Ed.) | ||
Section 119(1) | (i) Delete the words “, with the approval of the Minister,”. | |
(ii) Delete the word “Authority” in the last line and substitute the word “Minister”. |