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REPUBLIC OF SINGAPORE
GOVERNMENT GAZETTE
ACTS SUPPLEMENT
Published by Authority
| NO. 7] | [2010 |
The following Act was passed by Parliament on 23rd November 2009 and assented to by the President on 14th December 2009:—
Singapore Armed Forces (Amendment) Act 2009
(No. 28 of 2009)
I assent.
S R NATHAN,
President. |
Date of Commencement: 1st April 2010
An Act to amend the Singapore Armed Forces Act (Chapter 295 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:
1. This Act may be cited as the Singapore Armed Forces (Amendment) Act 2009 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
2. Section 2 of the Singapore Armed Forces Act (referred to in this Act as the principal Act) is amended —
(a)
by inserting, immediately after the word “captain” in the definition of “commander” in subsection (1), the words “or a senior military expert”;
(b)
by inserting, immediately after the word “major” in paragraph (a) of the definition of “convening authority” in subsection (1), the words “, or the senior military expert of or above the rank of ME5,”;
(c)
by inserting, immediately after the definition of “military documents” in subsection (1), the following definition:
“ “military expert” means a serviceman in the military domain experts service;”;
(d)
by inserting, immediately after the definition of “regular serviceman” in subsection (1), the following definition:
“ “senior military expert” means a military expert of or above the rank of ME4;”;
(e)
by deleting the definition of “serviceman” in subsection (1) and substituting the following definition:
“ “serviceman” means an officer, a soldier, a military expert or a non-uniformed serviceman of the Singapore Armed Forces, and includes a servicewoman;”;
(f)
by deleting the definition of “soldier” in subsection (1) and substituting the following definition:
“ “soldier” means any person, other than an officer, a senior military expert or a non-uniformed serviceman, who is a member of the Singapore Armed Forces, and includes any such person who is a servicewoman;”; and
(g)
by deleting the words “to “an officer” or” in subsection (2)(d).
3. Section 5(4) of the principal Act is amended by deleting paragraph (a) and substituting the following paragraph:
“(a)
subject to paragraph (c), where he was a regular serviceman, be regarded as having the rank or service grade that he held on the day of his discharge or release as a regular serviceman;”.
4. The principal Act is amended by inserting, immediately after section 10B, the following section:
10C.
—(1) Senior military experts of the Singapore Armed Forces shall be appointed by the President or by the proper authority who or which may, without assigning any reason, cancel any such appointment.
(2) An appointment made under subsection (1) shall be in the prescribed form.
(3) Senior military experts appointed under subsection (1) shall be deemed to be senior military experts of the Singapore Armed Forces from the date specified in their appointments.
(4) Senior military experts may from time to time be promoted or advanced in rank by the proper authority.”.
5. Section 11(2) of the principal Act is amended by deleting the words “superior officers” in paragraph (a) and substituting the words “superiors (being officers or senior military experts)”.
6. Section 39 of the principal Act is amended —
(a)
by deleting the words “officer or warrant officer” and substituting the words “officer, warrant officer or military expert of or above the rank of ME3”; and
(b)
by deleting the section heading and substituting the following section heading:
“Offences by officer, etc., serving in ship involved in convoying and protection of vessel”.
7. Section 60 of the principal Act is amended —
(a)
by deleting the definition of “junior disciplinary officer” and substituting the following definition:
“ “junior disciplinary officer” means, except where otherwise expressly provided, any officer, warrant officer or military expert of or above the rank of ME3 —
(a)
who is in command of a squadron, battery or company or an equivalent sub-unit; or
(b)
in whom a senior disciplinary officer has vested the powers of a junior disciplinary officer for the purposes of discipline;”;
(b)
by deleting the definition of “private”; and
(c)
by deleting the definitions of “senior disciplinary officer” and “superior commander” and substituting the following definitions:
“ “senior disciplinary officer” means —
(a)
any officer, warrant officer or senior military expert who is —
(i)
in command of a base or unit; or
(ii)
designated by the Armed Forces Council as a senior disciplinary officer for the purposes of discipline; or
(b)
a commander of a detachment;
“superior commander” means any officer or senior military expert who is —
(a)
in command of a command or formation; or
(b)
designated by the Armed Forces Council as a superior commander for the purposes of discipline;”.
8. Section 62 of the principal Act is amended —
(a)
by inserting, immediately after the word “colonel,” in subsection (2), the words “or a senior military expert of the rank of ME7,”;
(b)
by inserting, immediately after the word “lieutenant-colonel” in subsection (2A), the words “or senior lieutenant-colonel, or a senior military expert of the rank of ME6”;
(c)
by inserting, immediately after the word “lieutenant-colonel,” in subsection (3), the words “or a senior military expert below the rank of ME6,”;
(d)
by inserting, immediately after the words “warrant officer” in subsection (4), the words “or a military expert of the rank of ME3,”; and
(e)
by inserting, immediately after the words “warrant officer” in subsection (5), the words “or ME3,”.
9. Section 68 of the principal Act is amended —
(a)
by inserting, immediately after the words “warrant officer”, the words “or ME3”;
(b)
by inserting, immediately after the words “in the case of” in paragraph (a), the words “servicemen holding trainee ranks which are equivalent to the rank of private,”; and
(c)
by inserting, immediately after the words “third sergeant” in paragraph (b)(i), the words “(including military experts)”.
10. Section 69(1) of the principal Act is amended —
(a)
by inserting, immediately after the words “warrant officer”, the words “or ME3”; and
(b)
by inserting, immediately after the words “third sergeant” in paragraph (d)(i), the words “(including military experts)”.
11. Section 70(1) of the principal Act is amended —
(a)
by deleting the words “or a warrant officer” and substituting the words “, a warrant officer or a military expert of the rank of ME3, ME4 or ME5”;
(b)
by inserting, immediately after the word “major,” in paragraph (b)(i), the words “or senior military experts who are of the rank of ME4 or ME5,”; and
(c)
by deleting the words “and of warrant officers” in paragraph (b)(ii) and substituting the words “, warrant officers and military experts of the rank of ME3”.
12. Section 70A(1) of the principal Act is amended by inserting, immediately after the word “lieutenant-colonel,”, the words “senior lieutenant-colonel or ME6,”.
13. Section 70B(1) of the principal Act is amended by deleting the words “or colonel” and substituting the words “, senior lieutenant-colonel, colonel, ME6 or ME7”.
14. Section 72 of the principal Act is amended —
(a)
by inserting, immediately after the word “brigadier-general” in subsection (1), the words “or rear admiral (one-star), or a senior military expert of the rank of ME8,”;
(b)
by inserting, immediately after the word “colonel” in subsection (2), the words “, or a senior military expert of the rank of ME7,”;
(c)
by deleting the words “of or above the rank of” in subsection (4) and substituting the words “equivalent or superior in rank to”; and
(d)
by deleting the words “appointment of or above” in subsection (4) and substituting the words “appointment equivalent or superior to”.
15. Section 75(3) of the principal Act is amended by inserting, immediately after the word “officer” in paragraph (b), the words “or a senior military expert”.
16. Section 78(2) of the principal Act is amended by inserting, immediately after the word “officer”, the words “, senior military expert”.
17. Section 80A(1) of the principal Act is amended by inserting, immediately after the word “officers”, the words “, senior military experts”.
18. Section 81 of the principal Act is amended —
(a)
by inserting, immediately after the word “major” in subsections (3) and (4)(a), the words “or a senior military expert of or above the rank of ME5”;
(b)
by deleting paragraph (b) of subsection (4) and substituting the following paragraph:
“(b)
subject to subsections (5) and (6)(c), 2 or any greater even number of other members —
(i)
each of whom shall be an officer or a senior military expert; and
(ii)
at least one of whom shall be an officer of or above the rank of captain or a senior military expert.”;
(c)
by inserting, immediately after the word “officers” in subsection (5), the words “or senior military experts”;
(d)
by inserting, immediately after the word “lieutenant-colonel” wherever it appears in subsection (6), the words “or ME6”; and
(e)
by deleting the words “of or above the rank of” in subsection (6)(a) and (b) and substituting in each case the words “, or a senior military expert, who is equivalent or superior in rank to”.
19. Section 82(2) of the principal Act is amended by deleting the words “a member of the judicial and legal service” and substituting the words “an officer in the Singapore Legal Service”.
20. Section 83 of the principal Act is amended —
(a)
by deleting the words “not less than 3 members who shall be officers or any other uneven number of members” in subsection (3) and substituting the words “3 or any greater uneven number of members (each of whom shall be an officer or a senior military expert),”; and
(b)
by deleting subsection (4) and substituting the following subsection:
21. Section 88(3) of the principal Act is amended by inserting, immediately after the words “an officer” in paragraph (b), the words “or a senior military expert”.
22. Section 89 of the principal Act is amended by deleting the words “another officer” in subsections (1)(c) and (3) and substituting in each case the words “another person (being an officer or a senior military expert)”.
23. Section 90(7) of the principal Act is amended —
(a)
by deleting the words “an officer” and substituting the words “a person”; and
(b)
by deleting the words “his superior officer” and substituting the words “a person superior in rank or appointment”.
24. Section 98(1) of the principal Act is amended by deleting the words “or a warrant officer” and substituting the words “, a warrant officer or a military expert of or above the rank of ME3”.
25. Section 101 of the principal Act is amended by inserting, immediately after the words “an officer”, the words “or a senior military expert”.
26. Section 102(1) of the principal Act is amended by inserting, immediately after the words “any officer”, the words “or senior military expert”.
27. Section 106 of the principal Act is amended by deleting the words “field military court” wherever they appear in the section and section heading and substituting in each case the words “field general court martial”.
28. Section 114(1) of the principal Act is amended by deleting the words “officer or warrant officer” and substituting the words “serviceman (being an officer, a warrant officer or a military expert of or above the rank of ME3)”.
29. Section 115(2) of the principal Act is amended by inserting, immediately after the words “a warrant officer”, the words “, a military expert of or above the rank of ME3”.
30. Section 118 of the principal Act is amended —
(a)
by deleting paragraph (g) of subsection (1) and substituting the following paragraph:
“(g)
reduction in rank, except that —
(i)
an officer shall not be reduced below the rank of second lieutenant;
(ii)
a warrant officer shall not be reduced below —
(A)
the rank of third warrant officer, if he was appointed as a warrant officer on or after the date of commencement of section 30(a) of the Singapore Armed Forces (Amendment) Act 2009; or
(B)
the rank of second warrant officer, if he was appointed as a warrant officer before that date; and
(iii)
a senior military expert shall not be reduced below the rank of ME4;”;
(b)
by deleting the words “or a warrant officer” in subsection (4) and substituting the words “, a warrant officer or a military expert of or above the rank of ME3 who is”;
(c)
by deleting the words “other than a warrant officer” in subsection (4A) and substituting the words “(other than a warrant officer or a military expert of the rank of ME3) or a non-uniformed serviceman who is”;
(d)
by inserting, immediately after the word “officers” in subsection (6)(a), the words “and senior military experts”; and
(e)
by inserting, immediately after the word “soldiers” in subsection (6)(b), the words “and non-uniformed servicemen”.
31. Section 119 of the principal Act is amended by inserting, immediately after the word “officer” in subsections (1) and (2), the words “or senior military expert”.
32. Section 127 of the principal Act is amended —
(a)
by inserting, immediately after the word “captain” in subsection (1)(b), the words “or senior military experts”;
(b)
by inserting, immediately after the words “who are officers” in subsection (2), the words “or senior military experts”; and
(c)
by inserting, immediately after the words “panel of officers” in subsection (2), the words “and senior military experts”.
33. Section 139(2) of the principal Act is amended by inserting, immediately after the word “officer”, the words “or senior military expert”.
34. Section 164 of the principal Act is amended —
(a)
by inserting, immediately after the words “An officer”, the words “or a senior military expert”;
(b)
by inserting, immediately after the words “any officer” in paragraph (b), the words “or senior military expert”; and
(c)
by inserting, immediately after the word “officers” in the section heading, the words “and senior military experts”.
35. Section 165 of the principal Act is amended by inserting, immediately after the words “an officer” wherever they appear in the section, the words “or a senior military expert”.
36. Section 177 of the principal Act is amended by deleting the words “or warrant officer” in paragraph (a) and substituting the words “, warrant officer or military expert of or above the rank of ME3”.
37. Section 178 of the principal Act is amended —
(a)
by inserting, immediately after the words “An officer” in subsection (1), the words “or a senior military expert”;
(b)
by inserting, immediately after the words “A warrant officer” in subsection (2), the words “, or a military expert of the rank of ME3,”; and
(c)
by inserting, immediately after the words “rank of warrant officer” in subsection (2), the words “or ME3”.
38. Section 179(2) of the principal Act is amended by deleting the words “or a warrant officer” in paragraph (a) and substituting the words “, a warrant officer or a military expert of or above the rank of ME3”.
39. Section 182A of the principal Act is amended by inserting, immediately after the words “any officer” in the definition of “Bail Officer”, the words “or senior military expert”.
40. Section 197(6) of the principal Act is amended —
(a)
by inserting, immediately after the words “an officer” in paragraph (a), the words “or a senior military expert”; and
(b)
by inserting, immediately after the words “the officer”, the words “, senior military expert”.
41. Section 201C(9) of the principal Act is amended by deleting sub-paragraphs (ii) and (iii) of paragraph (a) and substituting the following sub-paragraphs:
(ii)
the rank of “sergeant” were references to the rank of third sergeant or ME1 (depending on whether the holder of that rank is a military expert); and
(iii)
the rank of “inspector” were references to the rank of second lieutenant or ME4 (depending on whether the holder of that rank is an officer or a senior military expert);.
42. Section 201E(5) of the principal Act is amended by inserting, immediately after the words “a warrant officer”, the words “, a military expert of or above the rank of ME3”.
43. Section 204 of the principal Act is amended —
(a)
by inserting, immediately after the words “an officer” wherever they appear in subsection (1), the words “or a senior military expert”; and
(b)
by inserting, immediately after the words “Every officer” in subsection (2), the words “or senior military expert”.
44. Section 205 of the principal Act is amended —
(a)
by inserting, immediately after the word “servicemen” in paragraph (b), the words “in the uniformed services (including the military domain experts service)”;
(b)
by deleting the word “(NUSAF)” in paragraph (c); and
(c)
by deleting the words “officers and other” in paragraph (u).
45. The principal Act is amended by inserting, immediately after section 205C, the following section:
205D.
—(1) The Armed Forces Council may, in making any regulations under section 205(j), provide for the rank of a serviceman to be changed upon his transfer from the military domain experts service to any other uniformed service, or vice versa.
(2) A change in the rank of a serviceman upon his transfer from the military domain experts service to any other uniformed service, or vice versa, shall not be treated as a reduction in the rank of the serviceman.
(3) The Armed Forces Council may, in making any regulations under section 205 or 205A, provide for —
(a)
any regular serviceman who opts to transfer to the military domain experts service to opt for the provident fund scheme applicable to non-pensionable employees of the Government under the Central Provident Fund Act (Cap. 36); and
(b)
the terms and conditions of such option.”.
46. Section 2 of the Enlistment Act (Cap. 93) is amended —
(a)
by inserting, immediately after the words “armed forces” in paragraph (a) of the definition of “person subject to this Act”, the words “or a senior military expert”; and
(b)
by inserting, immediately after the definition of “regular serviceman”, the following definition: