Singapore legislation

Clause 20

of Building Control (Amendment) Bill

Clause 20

Amendment of section 42

Section 42 of the principal Act is amended —

(a)

by inserting, immediately after the words “served under this Act” in subsection (1), the words “(including any subsidiary legislation made thereunder)”;

(b)

by inserting, immediately after the word “notice” in subsection (1)(a), (b) and (c), the words “, order or document”;

(c)

by deleting the word “or” at the end of paragraph (c) of subsection (1), and by inserting immediately thereafter the following paragraph:“(ca)by sending it by facsimile transmission to the fax transmission number operated at the usual or last known address of the place of residence or business of the individual, or the last fax number given to the Commissioner of Building Control by the individual as the facsimile transmission number for the service of documents on the individual; or”;

(d)

by deleting the word “or” at the end of subsection (1)(d)(i);

(e)

by deleting the full-stop at the end of sub-paragraph (ii) of subsection (1)(d) and substituting the word “; or”, and by inserting immediately thereafter the following sub-paragraph:“(iii)by sending it by facsimile transmission to the fax transmission number operated at the registered office or principal place of business of the company, partnership or body of persons.”;

(f)

by inserting, immediately after subsection (1), the following subsection:“(1A) Any notice or document (other than an order) required or authorised to be served under this Act (including any subsidiary legislation made thereunder) shall, in addition to any mode of service under subsection (1), be deemed to be sufficiently served —

(a)

by sending it by ordinary post addressed to the person on whom the notice or document is to be served at his usual or last known place of abode or business;

(b)

by electronic communication, by sending an electronic communication of the notice or document to the last email address given to the Commissioner of Building Control by the individual as the email address for the service of documents on the individual; or

(c)

in the case of an incorporated company, a partnership or a body of persons —

(i)

by sending it by ordinary post addressed to the company, partnership or body of persons at its registered office or principal place of business; or

(ii)

by electronic communication, by sending an electronic communication of the notice or document to the last email address given to the Commissioner of Building Control by the company, partnership or body of persons as the email address for the service of documents on it.”; and

(g)

by deleting subsection (5) and substituting the following subsections:“(5) Where any notice, order or other document to be served on any person is —

(a)

sent by a facsimile transmission to the fax transmission number operated at the last known place of residence or business or registered office or principal place of business in accordance with subsection (1), it shall be deemed to be duly served on the person to whom it is addressed on the day of transmission, subject to receipt on the sending facsimile machine of a notification (by electronic or other means) of a successful transmission to the place of residence or business or registered office or principal place of business, as the case may be;

(b)

sent by registered post to any person in accordance with subsection (1), it shall be deemed to be duly served on the person at the time when it would, in the ordinary course of post, be delivered, whether or not it is returned undelivered, and in proving service of the notice, order or document, it shall be sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post;

(c)

sent by ordinary post to any person in accordance with subsection (1A), it shall be deemed to be duly served on the person to whom it is addressed on the day succeeding the day on which it would, in the ordinary course of post, be delivered; and

(d)

sent by electronic communication to an email address in accordance with subsection (1A), it shall be deemed to be duly served on the person to whom it is addressed at the time of entering the information system addressed to the email address.(6) Service of any notice or document under this Act on a person by electronic communication may be effected only if the person gives as part of his or its address for service an email address.(7) This section shall not apply to notices, orders or documents to be served in proceedings in court.”.