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REPUBLIC OF SINGAPORE
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)
S R NATHAN,
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:
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.
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”.
4. The Bankruptcy Act (Cap. 20, 2000 Ed.) is amended —
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
by deleting the words “the debts which have been paid” in section 123(1)(b) and substituting the words “both the debts”.
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.”.
10. Section 31(1) of the Mutual Benefit Organisations Act (Cap. 191, 1985 Ed.) is amended —
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”;
by deleting the marginal reference “Cap. 20.” in paragraph (e).
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:
—(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.
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.”.
12. Section 84(2) of the Prisons Act (Cap. 247, 2000 Ed.) is amended by deleting paragraph (f) and substituting the following paragraph:
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;”.
13. The Public Trustee Act (Cap. 260, 1985 Ed.) is amended —
by inserting, immediately after subsection (1) of section 4, the following subsection:
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 —
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
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 —
where the Minister so directs, into the Consolidated Fund; and
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.”.
15. Section 20 of the Trade Unions Act (Cap. 333, 1985 Ed.) is amended —
by deleting the words “Official Assignee in Bankruptcy” in subsection (1)(a) and (b) and substituting in each case the words “Official Receiver”; and
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.”.
16. The Acts specified in the first column of the Schedule are amended in the manner set out in the second column thereof.