Singapore legislation
Clause 25
Clause 25
Amendment of section 33
(1)
Section 33 of the principal Act is amended —
by inserting, immediately after the word “subsection” in subsection (1), “(3B),”;
by deleting the words “or import or export” in subsection (2)(b)(ii) and substituting the words “, import or export or possession”;
by inserting, immediately after subsection (3A), the following subsection: “(3B) If a person —
has a previous conviction under section 8(a); and
is convicted of an offence under section 8(a) that the sixth column of the Second Schedule specifies is subject to this subsection,that person shall on conviction be punished with imprisonment for a term of not less than 2 years and not more than 10 years and shall also be liable to a fine not exceeding $20,000.”;
by deleting the words “section 31A(2)” in subsection (4AA)(a)(i) and substituting the words “section 11I(1)(b) or 31A(2)”;
by inserting, immediately after the word “conviction” in subsections (4AA)(a)(iii), (4AB)(a)(iii) and (4AD)(b), the words “for an offence of consumption of a controlled drug”;
by inserting, immediately after the words “section 8(b),” in subsection (4AB)(a)(i), “11I(1)(b),”; (g)by deleting the words “or 7” in subsection (4A)(a) and substituting the words “, 7, 11F(1) or 11H(1)”; and
by inserting, immediately before paragraph (a) of subsection (5), the following paragraph:“(aa)a previous conviction under section 8(a) means a conviction under section 8(a) at any time before, on or after the date of commencement of section 25(1)(c) of the Misuse of Drugs (Amendment) Act 2023;”.
(2)
Section 33(3B)(a) of the principal Act, as inserted by subsection (1)(c), is amended by inserting, immediately after the words “section 8(a)”, the words “or 11I(1)(a)”.
(3)
Section 33 of the principal Act, as amended by subsection (1)(c), is further amended by inserting, immediately after subsection (3B), the following subsections:“(3C) Any person convicted of an offence under section 11I(1)(b) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 10 years or to both, unless the person is punished under subsection (3D) for that same offence.(3D) If a person —
has —
a previous conviction under section 8(b), 11I(1)(b), 31(2) or 31A(2);
a previous admission under section 34(2) to an approved institution; or
a previous conviction for an offence of consumption of a controlled drug or psychoactive substance under section 34 of the Singapore Armed Forces Act 1972; and
is convicted of an offence under section 11I(1)(b),that person shall on conviction be punished with imprisonment for a term of not less than 3 years and not more than 10 years.”.
(4)
Section 33 of the principal Act, as amended by subsection (1)(e), is further amended by inserting, immediately after the words “controlled drug” in subsections (4AA)(a)(iii), (4AB)(a)(iii) and (4AD)(b), the words “or psychoactive substance”.