Singapore legislation

Clause 5

of Statutes (Miscellaneous Amendments) (No. 2) Bill

Clause 5

Amendment of Fees Act

The Fees Act (Cap. 106, 1985 Ed.) is amended —

(a)

by repealing sections 2 and 3 and substituting the following sections:“Minister for Finance may prescribe fees, etc.

2. The Minister for Finance may by order prescribe —

(a)

the fees and payments for licences, permits and otherwise;

(b)

the charges and penalties for the late payment of any fee or payment referred to in paragraph (a); and

(c)

the interest payable on any outstanding amount of any fee, payment, charge or penalty referred to in paragraph (a) or (b) or for any payment thereof by instalment,that are leviable or to be leviable, in the subordinate courts of civil and criminal jurisdiction, and in all public offices and departments.Publication

3. Every order under section 2 shall —

(a)

be published in the Gazette;

(b)

have effect from the date of the publication; and

(c)

be presented to Parliament as soon as possible after publication.”;

(b)

by repealing section 5 and substituting the following section:“Fees, etc., recoverable as fines before Magistrate’s Court5.—

(1)

All fees, payments, charges, penalties and interest prescribed in any order under section 2 shall be recoverable when not otherwise provided for by summary procedure before a Magistrate’s Court in the manner provided for the recovery of fines and penalties before a Magistrate’s Court, on complaint by or on behalf of the officer to whom the fees, charges, penalties and interest ought to have been paid or the payments ought to have been made.(2) A certificate by such officer that the fee, charge, penalty or interest has not been paid, or that the payment has not been made, shall be held to be prima facie proof of non-payment.”;

(c)

by deleting the words “fees or payments” wherever they appear in section 8 and substituting in each case the words “fee, payment, charge, penalty or interest”; and

(d)

by repealing section 9 and substituting the following sections:“Remission of fees, etc.9.—

(1)

Notwithstanding section 8, it shall be lawful for the Minister for Finance to remit wholly or in part, and either generally or in any particular case or class of cases, any fee, payment, charge, penalty or interest prescribed under this Act or under any other written law.(2) The Minister for Finance may, in making any order under section 2 prescribing fees, payments, charges, penalties or interest, provide for the remission of any such fees, payments, charges, penalties or interest and may specify in the order the person by whom remissions shall be granted.Validation of collection of charge or penalty for late payment of fee or payment, etc.

10. Every amount collected before the date of commencement of the Statutes (Miscellaneous Amendments) (No. 2) Act 2007 as, or purportedly as —

(a)

a charge or penalty for the late payment of any fee or payment under this Act; or

(b)

interest on any outstanding amount of any such fee or payment or for any payment thereof by instalment,shall be deemed to be and always to have been validly collected, and no legal proceedings shall lie or be instituted or maintained in any court of law on account of or in respect of any such collection.”.

Clause 5 — Statutes (Miscellaneous Amendments) (No. 2) Bill