Clause 16

by deleting the words “subsection (4), (4A)” in subsection (1) and substituting the words “subsection (4A)”;

by inserting, immediately after subsection (3), the following subsection:“(3A) Any person convicted of an offence under section 8(b), 31(2) or 31A(2) that is committed on or after the date of commencement of section 16 of the Misuse of Drugs (Amendment) Act 2019 shall on conviction be punished with imprisonment for a term of not less than one year but not more than 10 years and shall also be liable to a fine not exceeding $20,000, unless the person is punished under subsection (4), (4AA) or (4AB) or section 33A (as the case may be) for that same offence.”;

by deleting the words “any person convicted of an offence under section 8(b) or 31(2)” in subsection (4) and substituting the words “any person who has a previous conviction under section 8(b) or 31(2)”;

by inserting, immediately after subsection (4), the following subsections:“(4AA) If a person —

has —

a previous conviction under section 31A(2);

a previous admission under section 34(2) to an approved institution; or

a previous conviction under section 34 of the Singapore Armed Forces Act; and

is convicted of an offence under section 8(b) or 31(2), being an offence which is committed on or after the date of commencement of section 16 of the Misuse of Drugs (Amendment) Act 2019,he shall on conviction be punished with imprisonment for a term of not less than 3 years unless he is punished under section 33A for that same offence.(4AB) If a person —

has —

a previous conviction under section 8(b), 31(2) or 31A(2);

a previous admission under section 34(2) to an approved institution; or

a previous conviction under section 34 of the Singapore Armed Forces Act; and

is convicted of an offence under section 31A(2), being an offence which is committed on or after the date of commencement of section 16 of the Misuse of Drugs (Amendment) Act 2019,he shall on conviction be punished with imprisonment for a term of not less than 3 years unless he is punished under section 33A for that same offence.(4AC) A certificate purporting to be signed by an officer authorised by the Commissioner of Prisons and purporting to relate to a person’s previous admission to an approved institution under this Act is admissible in evidence in any proceedings under this section, on its production by the prosecution without proof of signature.(4AD) A certificate —

purporting to be signed by the registrar for the subordinate military courts, or the registrar for the Military Court of Appeal, appointed under section 82(5)(c) of the Singapore Armed Forces Act; and

purporting to relate to a person’s previous conviction under section 34 of the Singapore Armed Forces Act,is admissible in evidence, in any proceedings under this section, on its production by the prosecution without proof of signature.(4AE) The certificate mentioned in subsection (4AC) or (4AD) is, until the contrary is proved, evidence of the matters contained in it.”; and

by deleting subsection (5) and substituting the following subsection:“(5) For the purposes of this section —

a conviction under section 8(b) by a court including a subordinate military court or the Military Court of Appeal constituted under the Singapore Armed Forces Act at any time on or after 1 October 1992 is deemed to be a previous conviction under section 8(b);

a conviction under section 31(2) by a court including a subordinate military court or the Military Court of Appeal constituted under the Singapore Armed Forces Act at any time on or after 1 October 1992 is deemed to be a previous conviction under section 31(2);

a conviction under section 31A(2) by a court including a subordinate military court or the Military Court of Appeal constituted under the Singapore Armed Forces Act at any time on or after 1 May 2013 is deemed to be a previous conviction under section 31A(2);

a conviction under section 34 of the Singapore Armed Forces Act on or after the date of commencement of section 16 of the Misuse of Drugs (Amendment) Act 2019 is deemed to be a previous conviction under section 34 of the Singapore Armed Forces Act; (e)“admission” means an admission under section 34(2) to an approved institution at any time on or after 1 October 1992; and

“convicted of an offence”, in relation to an offence under section 8(b), 31(2) or 31A(2), includes a conviction by a subordinate military court or the Military Court of Appeal constituted under the Singapore Armed Forces Act.”.