Singapore legislation

Clause 61

Miscellaneous amendments relating to new section 3A

(1)

Section 10 of the principal Act is amended —

(a)

by deleting the words “or such person as he may appoint” in paragraph (c) of the definition of “foreign investor” in subsection (23) and substituting the words “or an authorised body”; and

(b)

by deleting the definition of “approved” in subsection (28) and substituting the following definition:“ “approved” means approved by the Minister or an authorised body, subject to such conditions as the Minister or authorised body may impose;”.

(2)

Section 13 of the principal Act is amended by deleting the words “or such person as he may appoint” wherever they appear in the following provisions and substituting in each case the words “or an authorised body”:Subsections (2), (2A), (2B), (2C), (2D)(i), (2F), (2G), (2H), (2I) and (16) (definitions of “financial sector incentive (capital market) company”, “qualifying debt securities” and “qualifying project debt securities”).

(3)

Section 13CA(7B) of the principal Act is amended —

(a)

by deleting the words “or such person as he may appoint” and substituting the words “or an authorised body”; and

(b)

by deleting the words “or person” wherever they appear and substituting in each case the words “or authorised body”.

(4)

Section 13F of the principal Act is amended —

(a)

by deleting the words “such person as he may appoint” in subsections (1B) and (2)(b) and substituting in each case the words “authorised body”;

(b)

by deleting paragraph (a) of subsection (2) and substituting the following paragraph:“(a)is for such period not exceeding 10 years after the date of its approval as the Minister or authorised body may specify, except that the Minister or authorised body may extend the period so specified for any further periods, not exceeding 10 years at a time, as the Minister or authorised body thinks fit; or”;

(c)

by deleting the words “or person” wherever they appear in subsection (2)(b) and substituting in each case the words “or authorised body”;

(d)

by deleting the definition of “approved” in subsection (6) and substituting the following definition:“ “approved” means approved by the Minister or an authorised body, subject to such conditions as the Minister or authorised body may impose;”;

(e)

by deleting the words “such person as the Minister may appoint” in subsection (8) and substituting the words “an authorised body”; and

(f)

by deleting the words “or person” in subsection (8) and substituting the words “or authorised body”.

(5)

Section 13H of the principal Act is amended —

(a)

by deleting the words “, or such person as he may appoint,” in subsection (2A)(b) and substituting the words “or an authorised body”;

(b)

by deleting the words “a person appointed by the Minister” in subsection (2BA)(a) and (b) and substituting in each case the words “an authorised body”;

(c)

by deleting the words “such person as the Minister may appoint” in subsection (2C) and substituting the words “authorised body”; and

(d)

by deleting the words “or person” in subsection (2C) and substituting the words “or authorised body”.

(6)

Section 13O(4) of the principal Act is amended by deleting the words “or such person as he may appoint” and substituting the words “or an authorised body”.

(7)

Section 13P(4) of the principal Act is amended by deleting the words “or such person as he may appoint” in the definition of “approved securitisation company” and substituting the words “or an authorised body”.

(8)

Section 13R of the principal Act is amended —

(a)

by deleting the words “or such person as he may appoint” in subsection (1) and substituting the words “or an authorised body”;

(b)

by deleting the words “or the person appointed by the Minister” in subsection (1)(b) and substituting the words “or authorised body”;

(c)

by deleting the words “such person as he may appoint” in subsection (6A) and substituting the words “an authorised body”; and

(d)

by deleting the words “or person” wherever they appear in subsection (6A) and substituting in each case the words “or authorised body”.

(9)

Section 13S of the principal Act is amended —

(a)

by deleting the words “or such person as he may appoint” in subsections (2) and (4) and substituting in each case the words “or an authorised body”; and

(b)

by deleting the definition of “approved international shipping enterprise” in subsection (20) and substituting the following definition:“ “approved international shipping enterprise” means an international shipping enterprise approved by the Minister or an authorised body, subject to such conditions as the Minister or authorised body may impose;”.

(10)

Section 13U of the principal Act is amended —

(a)

by deleting the words “or such person as he may appoint” in subsections (2), (3) and (4) and substituting in each case the words “or an authorised body”;

(b)

by deleting the words “as he may specify” in subsection (3) and substituting the words “as the Minister or authorised body may specify”; and

(c)

by deleting the words “as he thinks fit” in subsection (4) and substituting the words “as the Minister or authorised body thinks fit”.

(11)

Section 13X(5) of the principal Act is amended by deleting the words “or such person as he may appoint” in the definition of “approved” and substituting the words “or an authorised body”.

(12)

Section 13Y(2) of the principal Act is amended by deleting the words “or such person as he may appoint” and substituting the words “or an authorised body”.

(13)

Section 14B of the principal Act is amended —

(a)

by deleting the words “or such person as he may appoint” in subsections (3) and (4A) and the definition of “approved” in subsection (11) and substituting in each case the words “or an authorised body”;

(b)

by deleting the words “as he may impose” in subsection (4A) and substituting the words “as the Minister or authorised body may impose”;

(c)

by deleting the words “or such person as the Minister may appoint” in subsection (5) and substituting the words “or an authorised body”; and

(d)

by deleting the words “appointed person” in subsection (5) and substituting the words “authorised body”.

(14)

Section 14K of the principal Act is amended —

(a)

by deleting the words “or such person as he may appoint” in subsection (2) and the definition of “approved” in subsection (7) and substituting in each case the words “or an authorised body”;

(b)

by deleting the words “as he thinks fit” in subsection (2)(b) and substituting the words “as the Minister or authorised body thinks fit”;

(c)

by deleting the words “or such person as the Minister may appoint” in subsection (4) and substituting the words “or an authorised body”; and

(d)

by deleting the words “appointed person” in subsection (4) and substituting the words “authorised body”.

(15)

Section 14KA of the principal Act is amended —

(a)

by deleting the words “or such person as the Minister may appoint” in subsections (5) and (11) and substituting in each case the words “or an authorised body”; and

(b)

by deleting the words “appointed person” in subsections (6), (7), (8) and (11) and paragraph (c) of the definition of “overseas establishment” in subsection (18) and substituting in each case the words “authorised body”.

(16)

Section 18C of the principal Act is amended —

(a)

by deleting the words “or such person as he may appoint” in subsections (1), (2A), (2B), (2E) and (8) and substituting in each case the words “or an authorised body”;

(b)

by deleting the words “or such person as the Minister may appoint” in subsection (1A) and substituting the words “or an authorised body”;

(c)

by deleting subsection (2) and substituting the following subsection:“(2) Where the Minister or an authorised body, on an application made to the Minister or authorised body under subsection (1) or (1A) that is a pre‑25 March 2016 application, is satisfied that the construction or renovation of the building or structure on industrial land, port land or airport land (as the case may be) promotes the prescribed intensified use of the land for the purposes of a prescribed trade or business, the Minister or authorised body may, by notice in writing, approve the construction or renovation for the purposes of this section, which approval is subject to such conditions as the Minister or authorised body may impose, including the particular trade or business for which the building or structure is to be used upon completion of construction or renovation.”;

(d)

by deleting the words “the appointed person” in subsections (2A) and (2B) and substituting in each case the words “authorised body”;

(e)

by deleting the words “or the person appointed under that subsection” in subsection (2D) and substituting the words “or authorised body”;

(f)

by deleting the words “or the person appointed” in subsection (2E) and substituting the words “or authorised body”;

(g)

by deleting the words “or person appointed under subsection (2) or (2B), as the case may be,” in subsection (2F) and substituting the words “or authorised body”;

(h)

by deleting the words “or such person he may appoint” in subsection (11) and substituting the words “or an authorised body”; and

(i)

by deleting the words “the person” in subsection (11) and substituting the words “the authorised body”.

(17)

Section 19B of the principal Act is amended —

(a)

by deleting the words “or such person as he may appoint” in subsection (2B) and substituting the words “or an authorised body”;

(b)

by deleting the words “as he may impose” in subsection (2B) and substituting the words “as the Minister or authorised body may impose”;

(c)

by deleting the words “or the person appointed by the Minister” in subsection (2BA) and substituting the words “or authorised body”;

(d)

by deleting the words “appointed person” in subsection (2BA) and substituting the words “authorised body”; and

(e)

by deleting the definition of “approved” in subsection (11) and substituting the following definition:“ “approved” means approved by the Minister or an authorised body, subject to such conditions as the Minister or authorised body may impose;”.

(18)

Section 37K of the principal Act is amended —

(a)

by deleting the words “such person as he may appoint” in subsection (8) and substituting the words “an authorised body”;

(b)

by deleting the words “he may impose” in subsection (8) and substituting the words “the Minister or authorised body may impose”;

(c)

by deleting the words “such person as he may appoint” in subsection (11) and substituting the words “an authorised body”;

(d)

by deleting the words “or person” in subsection (11) and substituting the words “or authorised body”;

(e)

by deleting the words “a person appointed by him” in paragraph (b) of the definition of “qualifying start-up company” in subsection (12) and substituting the words “an authorised body”; and

(f)

by deleting the words “such person as he may appoint” in paragraph (e) of the definition of “qualifying start-up company” in subsection (12) and substituting the words “an authorised body”.

(19)

Section 37L of the principal Act is amended —

(a)

by deleting the words “or such person as he may appoint” in subsection (19A) and substituting the words “or an authorised body”;

(b)

by deleting the words “or the person he has appointed” in subsection (19A) and substituting the words “or authorised body”;

(c)

by deleting the words “the person appointed by the Minister” in subsection (19B) and substituting the words “authorised body”; and

(d)

by deleting the words “appointed person” in subsection (19B) and substituting the words “authorised body”.

(20)

Section 43C(3) of the principal Act is amended by deleting the definition of “approved” and substituting the following definition:“ “approved” means approved by the Minister or an authorised body;”.

(21)

Section 43G of the principal Act is amended —

(a)

by deleting the words “or a person appointed by the Minister” in subsection (2A) and substituting the words “or an authorised body”;

(b)

by deleting the words “or person” in subsection (2A) and substituting the words “or authorised body”; and

(c)

by deleting the definition of “approved” in subsection (3) and substituting the following definition:“ “approved” means approved by the Minister or an authorised body;”.

(22)

Section 43N(2) of the principal Act is amended by deleting the words “or such person as he may appoint” and substituting the words “or an authorised body”.

(23)

Section 43P of the principal Act is amended —

(a)

by deleting the words “or a person appointed by him” in subsection (1)(a)(i) and substituting the words “or an authorised body”;

(b)

by deleting the words “or a person appointed by the Minister” in subsections (1)(a)(iii) and (b) and (1AB) and substituting in each case the words “or an authorised body”; and

(c)

by deleting the words “or person” in subsection (1AB) and substituting the words “or authorised body”.

(24)

Section 43Q(2) of the principal Act is amended —

(a)

by deleting the words “or a person appointed by the Minister” and substituting the words “or an authorised body”; and

(b)

by deleting the words “or person” wherever they appear and substituting in each case the words “or authorised body”.

(25)

Section 43W of the principal Act is amended —

(a)

by deleting the words “or a person appointed by the Minister” in subsection (3) and substituting the words “or an authorised body”;

(b)

by deleting the words “or person” in subsection (3) and substituting the words “or authorised body”; and

(c)

by deleting the definition of “approved” in subsection (5) and substituting the following definition:“ “approved” means approved by the Minister or an authorised body;”.

(26)

Section 43Y of the principal Act is amended —

(a)

by inserting, immediately after subsection (1A), the following subsection:“(1AA) To avoid doubt, the approval in subsection (1A)(b) includes an approval made under subsection (2) as in force immediately before the date of commencement of section 61(26) of the Income Tax (Amendment) Act 2020.”;

(b)

by deleting the words “a person appointed by the Minister” in subsection (2) and substituting the words “an authorised body”;

(c)

by deleting the words “or person” in subsection (2) and substituting the words “or authorised body”; and

(d)

by deleting the words “such person as he may appoint” in subsection (3) and substituting the words “an authorised body”.

(27)

Section 43Z of the principal Act is amended —

(a)

by deleting the words “or a person appointed by the Minister” in subsection (3) and substituting the words “or an authorised body”;

(b)

by deleting the words “or person” in subsection (3) and substituting the words “or authorised body”; and

(c)

by deleting the definition of “approved” in subsection (5) and substituting the following definition:“ “approved” means approved by the Minister or an authorised body.”.

(28)

Section 43ZA of the principal Act is amended —

(a)

by deleting the words “(or such person as the Minister may appoint)” in subsection (1) and substituting the words “or an authorised body”; and

(b)

by deleting the words “or such person as he may appoint” in subsections (3) and (5) and the definition of “approved” in subsection (7) and substituting in each case the words “or an authorised body”.

(29)

Section 43ZB of the principal Act is amended —

(a)

by deleting the words “or a person appointed by the Minister” in subsection (3) and substituting the words “or an authorised body”;

(b)

by deleting the words “or person” in subsection (3) and substituting the words “or authorised body”; and

(c)

by deleting the definition of “approved” in subsection (5) and substituting the following definition:“ “approved” means approved by the Minister or an authorised body;”.

(30)

Section 43ZC(3) of the principal Act is amended —

(a)

by deleting the words “or a person appointed by the Minister” and substituting the words “or an authorised body”; and

(b)

by deleting the words “or person” and substituting the words “or authorised body”.

(31)

Section 43ZD(3) of the principal Act is amended —

(a)

by deleting the words “or a person appointed by the Minister” and substituting the words “or an authorised body”; and

(b)

by deleting the words “or person” and substituting the words “or authorised body”.

(32)

Section 43ZF of the principal Act is amended —

(a)

by deleting the words “appointed person” wherever they appear in subsections (2A), (4)(a), (5A), (5B) and (5G) and the definition of “A” in subsection (5I)(a) and substituting in each case the words “authorised body”; and

(b)

by deleting the definition of “approved” in subsection (8) and substituting the following definition:“ “approved” means approved by the Minister or an authorised body;”.

(33)

Section 43ZG of the principal Act is amended —

(a)

by deleting the words “or such person as the Minister may appoint” in subsection (2) and substituting the words “or an authorised body”; and

(b)

by deleting the words “appointed person” wherever they appear in subsections (3) and (4) and substituting in each case the words “authorised body”.

(34)

Section 43ZH of the principal Act is amended by deleting the words “appointed person” wherever they appear in subsections (5), (6) and (7) and substituting in each case the words “authorised body”.

(35)

Section 43ZI of the principal Act is amended —

(a)

by deleting the words “or a person appointed by the Minister” in subsection (2) and substituting the words “or an authorised body”;

(b)

by deleting the words “appointed person” in subsection (2) and substituting the words “authorised body”; and

(c)

by deleting the words “the appointed person” wherever they appear in subsections (3), (5)(a) and (b) and (6) and substituting in each case the words “authorised body”.

(36)

Section 45AA(1) of the principal Act is amended by inserting, immediately after the words “approved by the Minister” in paragraph (a), the words “, an authorised body”.

(37)

Section 45I of the principal Act is amended —

(a)

by deleting the words “or such person as he may appoint” in subsection (3)(c) and substituting the words “or an authorised body”;

(b)

by deleting the words “person appointed by him” in subsection (4) and substituting the words “authorised body”; and

(c)

by deleting the words “or person may impose” in subsection (4) and substituting the words “or authorised body may impose”.

(38)

Section 105R of the principal Act is amended —

(a)

by deleting the words “or a person appointed by the Minister (called in this section the approving authority)” in subsection (1)(a)(i) and substituting the words “, an authorised body or a person appointed by the Minister (called in this subsection the approving authority)”;

(b)

by deleting the words “The approving authority may,” in subsection (2) and substituting the words “The Minister or authorised body (called in this section the revoking authority) may,”;

(c)

by deleting the words “as the approving authority may” in subsection (2) and substituting the words “as the revoking authority may”;

(d)

by deleting the words “the approving authority” wherever they appear in subsection (3) and substituting in each case the words “the revoking authority”; and

(e)

by deleting the words “The approving authority” in subsection (4) and substituting the words “The revoking authority”.

(39)

Section 107(15) of the principal Act is amended by deleting the words “a person appointed by the Minister” and substituting the words “an authorised body”.

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