Legislation

New Acts

Smoking (Control of Advertisements and Sale of Tobacco) (Amendment) Act 2002 (A35/2002)

The Smoking (Control of Advertisements and Sale of Tobacco) Act (Cap 309) has been amended for purposes including the following.

• to insert the definition of ‘cigarette’. The term is defined to mean ‘any product which consists in whole or in part of cut, shredded or manufactured tobacco, or any tobacco derivative or substitute, rolled up in paper, tobacco leaf or other material and which is in such form as to be capable of immediate use for smoking’. This change is effective from 1 April 2003.
• to amend s 11 to increase the penalty for an offence under sub-s (1) (relating to control of smoking, etc, by young persons) from $50 for a first offence and $100 for a second or subsequent offence, to $300 for any offence. This change is effective from 1 May 2003.
• to insert new s 11A to prohibit any person from selling or offering to sell cigarettes by retail, or from permitting the sale or offer for sale of cigarettes by retail, except in a package containing not less than the prescribed number of cigarettes. The offence is punishable, in the case of a first offence, with a fine not exceeding $10,000 or with imprisonment for a term not exceeding six months or with both and, in the case of a second or subsequent offence, with a fine not exceeding $20,000 or with imprisonment for a term not exceeding 12 months or with both. This change is effective from 1 December 2003.
• to amend s 14 with the insertion of new sub-s (2A) to prohibit any person from importing, selling or offering for sale any tobacco product that contains, or which emissions contain, any substance in excess of such amount as the Minister may by order prescribe for that substance. This change is effective from 1 April 2003.
• to amend s 17 to provide that the Minister may require any person who imports, distributes, sells or offers for sale, permits to be sold or offered for sale, or possesses for sale any tobacco product to be licensed by the Chief Executive of the Health Sciences Authority. This change is effective from 1 July 2003.
  

Road Traffic (Amendment) Act 2003 (A1/2003)

The Road Traffic (Amendment) Act 2003 amends the Road Traffic Act (Cap 276) for various purposes including the following:

• to insert a new s 23A requiring a manufacturer or dealer of vehicles, on becoming aware of any safety-related defect in any vehicle manufactured or sold by him, to notify the Registrar and the owner of such vehicle of the defect, and to rectify the defect upon the vehicle being presented for rectification pursuant to the notice;
• to insert a new Part VA into the Road Traffic Act to provide for the licensing of taxi service operators.
  

The provisions of the Road Traffic (Amendment) Act 2003 are not in force yet.

Registration of Criminals (Amendment) Act (Commencement) Notification 2003 (S69/2003)

The Registration of Criminals Act has been amended with effect from 13 February 2003.

The amendments introduce the concept of ‘registrable particulars’ and legislate the taking of body samples such as blood samples and mouth swabs.

Sections 8 and 9 have been repealed and re-enacted to empower an authorised officer to carry out the following in relation to any arrested person or any convicted person respectively:

• to take the finger impressions and photographs of any such person;
• to make a record of the registrable particulars and other particulars of such person; and
• to send any finger impression, photograph or record so taken or made to the Registrar of Criminals.

The new s 10 provides for the destruction of the finger impressions, photographs and registrable particulars of any person upon his being acquitted or discharged without a conviction being recorded against him.

Section 13 has been repealed and re-enacted with some drafting modifications to add to the duties currently imposed on persons under arrest who are accused of a crime and on persons who are convicted of a crime or who are ordered to be banished, expelled or deported. Currently such persons are only required to submit to the taking of their photographs and finger impressions. With the amendment, they will be required to also provide such registrable particulars and other particulars as may be required under the Act.

A new Part IV (Taking of Body Samples) has been introduced comprising seven new sections, namely ss 13A to 13G. Body samples include a sample of blood, a sample of head hair, including the roots thereof, and a swab taken from a person’s mouth. These new sections provide for the taking of body samples for forensic DNA analysis from arrested persons, convicted persons and prisoners, as well as from volunteers under s 13D.

The new s 13F establishes a DNA database in which is to be stored all DNA information derived from body samples taken under the new Part IV. The section also spells out the purposes for which such DNA information may be used.

New Subsidiary Legislation

Road Traffic (Motor Vehicles, Registration and Licensing) (Amendment No 2) Rules 2003 (S72/2003)

The Third Schedule to the Road Traffic (Motor Vehicles, Registration and Licensing) Rules (R 5) lists the index mark indicating that a motor vehicle has been registered in Singapore. The Third Schedule has been amended with effect from 14 February 2003 to reflect the next index series as follows:

• For motor cycles and scooters licensed to carry passengers: FBA, FBB, FBC, FBD, etc.
• For motor cars registered in the names of private individuals: SFA, SFB, SFC, SFD, etc.
• For goods vehicles and recovery vehicles with maximum laden weight not exceeding 3.5 metric tons: GBA, GBB, GBC, GBD, etc.
  

Regulation of Imports and Exports (Amendment) Regulations 2003 (S79/2003)

The Fourth Schedule to the Regulation of Imports and Exports Regulations (Rg 1) sets out the prohibited exports to specified countries. Prior to 18 February 2003, the export of arms and related material (including weapons and ammunition, military vehicles, military equipment and paramilitary equipment) petroleum and petroleum products to Angola was prohibited.

The Fourth Schedule has been amended with effect from 18 February 2003 with the deletion of ‘Angola’ and the prohibited exports in relation to Angola.

Financial Advisers (Amendment) Regulations 2003 (S83/2003)

With effect from 24 February 2003, the Financial Advisers Regulations 2002 are amended with the insertion of a new reg 34A.

Section 32 of the Financial Advisers Act (the ‘FAA’) requires the establishment of an insurance broking premium accounts for the payment thereto of sums received by a licensed financial adviser as agent for an insured or intending insured, including policy moneys, premiums and claims payments.

The new reg 34A provides that s 32 of the FAA is not applicable to any licensed financial adviser who does not receive any moneys:

1. from or on behalf of an insured or intending insured for or on account of an insurer in connection with a contract of insurance or proposed contract of insurance; or
2. from or on behalf of an insurer for or on account of an insured or intending insured.
   

The Financial Advisers Regulations 2002 are also amended to provide that s 32 of the FAA and reg 37(1)(e) of the Financial Advisers Regulations 2002 (pertaining to reporting requirements for exempt financial advisers) are not applicable to any exempt financial adviser who does not receive any moneys:

1. from or on behalf of an insured or intending insured for or on account of an insurer in connection with a contract of insurance or proposed contract of insurance; or
2. from or on behalf of an insurer for or on account of an insured or intending insured.
   

Insurance (Exemption) (Amendment) Regulations 2003 (S84/2003)

With effect from 24 February 2003, the Insurance (Exemption) Regulations 2002 are amended with the insertion of a new reg 4A.

Regulation 4A provides that s 35ZD of the Insurance Act (Cap 142) and reg 3A(b) of the Insurance (Accounts and Statements) Regulations (reg 2) shall not apply to any registered insurance broker in respect of the carrying on of the type of insurance broking business for which it is registered if it does not, in the course of that business, receive any moneys:

1. from or on behalf of an insured or intending insured for or on account of an insurer in connection with a contract of insurance or proposed contract of insurance; or
2. from or on behalf of an insurer for or on account of an insured or intending insured.
   

Section 35ZD and reg 3A(b) relate respectively to the establishment of insurance broking premium accounts and returns to be lodged by registered insurance brokers.

At the same time, exempt insurance brokers are exempt from s 35ZD of the Insurance Act and reg 3B(d) of the Insurance (Accounts and Statements) Regulations in respect of the carrying on of the type of insurance broking business for which it has lodged a notice of commencement of business under reg 3B(a) if it does not, in the course of that business, receive any moneys:

1. from or on behalf of an insured or intending insured for or on account of an insurer in connection with a contract of insurance or proposed contract of insurance; or
2. from or on behalf of an insurer for or on account of an insured or intending insured.
   

Regulation 3B(d) relates to the lodgement with the Monetary Authority of Singapore of an audited statement of the insurance broking premium account.

Stamp Duties (Donations to Institutions of Public Character) (Remission) Order 2003 (S104/2003)

Pursuant to the Stamp Duties (Donations to Institutions of Public Character) (Remission) Order 2003, there shall be remitted the whole of the duty chargeable under the Stamp Duties Act (Cap 312) on any instrument made on or after 1 March 2003 by which the donation of any immovable property or any stocks or shares is effected to any institution of a public character where:

1. the institution of a public character is approved by the Minister for Finance, upon an application by that institution, for the purposes of this exemption; and
2. ad valorem duty was previously paid on the acquisition by the donor of the immovable property, stocks or shares, or interest therein.
   

The term ‘institution of a public character’ has the same meaning as in s 37(9) of the Income Tax Act (Cap 134).

This change is one of the measures introduced in the Budget Speech to promote philanthropy.

Elizabeth Wong
Allen and Gledhill