Singapore legislation
Clause 17
Clause 17
Amendment of section 33A
Section 33A of the principal Act is amended —
by inserting, immediately after subsection (1), the following subsections:“(1A) Where a person who has not less than —
2 previous admissions;
2 previous convictions for consumption of a specified drug under section 8(b);
2 previous convictions for an offence of failure to provide a urine specimen under section 31(2);
one previous admission and one previous conviction for consumption of a specified drug under section 8(b);
one previous admission and one previous conviction for an offence of failure to provide a urine specimen under section 31(2); or
one previous conviction for consumption of a specified drug under section 8(b) and one previous conviction for an offence of failure to provide a urine specimen under section 31(2),is convicted of an offence under section 31A(2) for failure to provide a hair specimen, being an offence that is committed on or after the date of commencement of section 17 of the Misuse of Drugs (Amendment) Act 2019, he shall on conviction be punished with the same punishment mentioned in subsection (1).(1B) Where a person who has not less than —
2 previous convictions for an offence relating to the consumption of a controlled drug that is a specified drug under section 34 of the Singapore Armed Forces Act;
one previous admission and one previous conviction for an offence relating to the consumption of a controlled drug that is a specified drug under section 34 of the Singapore Armed Forces Act;
one previous conviction for an offence relating to the consumption of a controlled drug that is a specified drug under section 34 of the Singapore Armed Forces Act and one previous conviction for an offence of failure to provide a urine specimen under section 31(2);
2 previous convictions for an offence of failure to provide a hair specimen under section 31A(2);
one previous admission and one previous conviction for an offence of failure to provide a hair specimen under section 31A(2);
one previous conviction for consumption of a specified drug under section 8(b) and one previous conviction for an offence of failure to provide a hair specimen under section 31A(2);
one previous conviction for consumption of a specified drug under section 8(b) and one previous conviction for an offence relating to the consumption of a controlled drug that is a specified drug under section 34 of the Singapore Armed Forces Act;
one previous conviction for an offence relating to the consumption of a controlled drug that is a specified drug under section 34 of the Singapore Armed Forces Act, and one previous conviction for an offence of failure to provide a hair specimen under section 31A(2); or
one previous conviction for an offence of failure to provide a urine specimen under section 31(2) and one previous conviction for an offence of failure to provide a hair specimen under section 31A(2),is convicted of an offence of consumption of a specified drug under section 8(b), an offence of failure to provide a urine specimen under section 31(2), or an offence of failure to provide a hair specimen under section 31A(2), being an offence that is committed on or after the date of commencement of section 17 of the Misuse of Drugs (Amendment) Act 2019, he shall on conviction be punished with the same punishment mentioned in subsection (1).”;
by deleting subsection (2) and substituting the following subsection:“(2) Where a person who has been convicted under subsection (1), (1A) or (1B) is again convicted of an offence for consumption of a specified drug under section 8(b), an offence of failure to provide a urine specimen under section 31(2), or an offence of failure to provide a hair specimen under section 31A(2), he shall on conviction be punished with —
imprisonment for a term of not less than 7 years and not more than 13 years; and
not less than 6 strokes and not more than 12 strokes of the cane.”; (c)by inserting, immediately after paragraph (b) of subsection (5), the following paragraphs:“(ba)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 for an offence of failure to provide a hair specimen under section 31A(2);
(bb)a conviction under section 34 of the Singapore Armed Forces Act on or after the date of commencement of section 17 of the Misuse of Drugs (Amendment) Act 2019 for an offence of consumption of a controlled drug that is a specified drug is deemed to be a previous conviction for an offence relating to the consumption of a controlled drug that is a specified drug under section 34 of the Singapore Armed Forces Act;”; and
by inserting, immediately after paragraph (c) of subsection (5), the following paragraph:“(ca)“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; and”.