Singapore legislation

Clause 14

of Enlistment and Other Matters (Amendment) Bill

Clause 14

Amendment of section 41

In the Requisition of Resources Act 1985, in section 41 —

(a)

in subsection (1)(c), replace “a firm, company or corporation” with “a partnership, a body corporate or an unincorporated association”;

(b)

in subsection (1)(d), replace “firms, companies or corporations” with “partnerships, bodies corporate or unincorporated associations”;

(c)

in subsections (2) and (3), replace “any person, firm, company or corporation” with “any individual, partnership, body corporate or unincorporated association”;

(d)

in subsection (2)(a)(i) and (ii), replace “person” wherever it appears with “individual”;

(e)

in subsection (2)(a), replace sub‑paragraphs (iii), (iv) and (v) with —“(iii)to any partner, secretary or other similar officer of the partnership to be served;

(iv)

to any secretary or other similar officer of the body corporate or unincorporated association to be served;

(v)

to any manager of the limited liability partnership to be served; or

(vi)

to any individual having, on behalf of the body corporate or unincorporated association to be served, powers of control or management over the business, occupation, work or matter to which the order, notice, direction or requisition relates;”;

(f)

in subsection (2), replace paragraphs (c) and (d) (including the paragraph headings) with —“Delivery to residential address, business address, registered office or principal office (c)by leaving it —

(i)

at the residential address or business address of the individual to be served if the individual is within Singapore;

(ii)

at the business address of the partnership to be served; or

(iii)

at the registered office or principal office of the body corporate or unincorporated association to be served,with an individual apparently above 16 years of age and apparently residing at that place or, in the case of a business address, registered office or principal office, apparently in charge of or employed at that place;Registered post(d)by sending it by registered post addressed to —

(i)

the individual to be served at the residential address or business address of that individual if the individual is within Singapore;

(ii)

the partnership to be served at the business address of the partnership; or

(iii)

the body corporate or unincorporated association to be served at its registered office or principal office;Email (e)subject to subsection (2A), by sending it by email to the last email address of the addressee concerned; Other means of service(f)subject to subsection (2A), by sending an electronic notice to the addressee concerned by the addressee’s chosen means of notification, stating that the order, notice, direction or requisition is available and how the addressee concerned may use the addressee’s chosen means of access to access the contents of the order, notice, direction or requisition; or

(g)

by any other method authorised by regulations made under this Act for the service of orders, notices, directions or requisitions of that kind if the addressee concerned consents to service of an order, notice, direction or requisition of that kind in that way.”;

(g)

after subsection (2), insert —“Service by certain modes only with addressee’s consent(2A) Service of any order, notice, direction or requisition under this Act on an addressee concerned under subsection (2)(e) and (f) may be effected only with the addressee’s prior consent to service in that way.”;

(h)

in subsection (3), replace paragraphs (b) to (f) (including the paragraph headings) with —“Public address system and siren(b)by audible signals given in the prescribed manner over a public address system or through a siren where such signals are audible from —

(i)

the residential address or business address of the individual to be served;

(ii)

the business address of the partnership to be served; or

(iii)

the registered office or principal office of the body corporate or unincorporated association to be served;Telephone conversation with member of family or household(c)by reading the contents of the notice of requisition, order or direction over the telephone to a member of the family or household of the individual to be served who is apparently above 16 years of age and apparently residing at the residential address of the individual to be served;Telephone conversation with employee or individual in charge of business address, registered office or principal office(d)by reading the contents of the notice of requisition, order or direction over the telephone to an individual who is apparently above 16 years of age and apparently in charge of or employed at —

(i)

the business address of the partnership to be served; or

(ii)

the registered office or principal office of the body corporate or unincorporated association to be served;Short message service (e)by sending it by short message service to the mobile telephone number of the addressee concerned; orFax and other means of telecommunication(f)by sending it by fax or any other prescribed means of telecommunication —

(i)

to the individual to be served at the residential address or business address of that individual;

(ii)

to the partnership to be served at the business address of the partnership; or

(iii)

to the body corporate or unincorporated association to be served at its registered office or principal office:Provided that there is an acknowledgment by electronic or any other means to the effect that the notice, order or direction has been received at the residential address, business address, registered office or principal office, as the case may be.”;

(i)

in subsections (4) and (5), replace “person, firm, company or corporation” with “individual, partnership, body corporate or unincorporated association”;

(j)

in subsection (4)(a), (b), (c), (d)(i) and (ii) and (e)(i) and (ii), replace “person” with “individual”; (k)in subsection (4)(a), (b), (c), (d)(i) and (ii) and (e)(i) and (ii), replace “firm and every director, manager and secretary of the company or corporation” with “partnership, every secretary or other similar officer of the body corporate or unincorporated association and every manager of the limited liability partnership”; (l)in subsection (4), after paragraph (b), insert —“(ba)subsection (2)(e), it is —

(i)

presumed, until the contrary is proved, to have been received and read or heard by the individual to whom it applies, all the partners of the partnership, every secretary or other similar officer of the body corporate or unincorporated association and every manager of the limited liability partnership to which it is directed, at the time the email is capable of being retrieved by the addressee concerned; and

(ii)

deemed to have been received and read or heard by the individual to whom it applies, all the partners of the partnership, every secretary or other similar officer of the body corporate or unincorporated association and every manager of the limited liability partnership to which it is directed, on the expiry of 6 hours from the time the email is capable of being retrieved by the addressee concerned; or

(bb)subsection (2)(f), it is —

(i)

presumed, until the contrary is proved, to have been received and read or heard by the individual to whom it applies, all the partners of the partnership, every secretary or other similar officer of the body corporate or unincorporated association and every manager of the limited liability partnership to which it is directed, at the time the electronic notice is capable of being retrieved by the addressee concerned by the addressee’s chosen means of notification, and the contents of the notice of requisition, order or direction are capable of being accessed by the addressee concerned by the addressee’s chosen means of access; and

(ii)

deemed to have been received and read or heard by the individual to whom it applies, all the partners of the partnership, every secretary or other similar officer of the body corporate or unincorporated association and every manager of the limited liability partnership to which it is directed, on the expiry of 6 hours from the time the electronic notice is capable of being retrieved by the addressee concerned by the addressee’s chosen means of notification, and the contents of the notice of requisition, order or direction are capable of being accessed by the addressee concerned by the addressee’s chosen means of access;”;

(m)

replace subsection (7) (including the subsection heading) with —“Ignorance of order, notice, direction or requisition not an excuse (7) Where an individual, a partnership, a body corporate or an unincorporated association has under subsection (4) been deemed to have knowledge of an order, notice, direction or requisition issued under this Act, ignorance of the fact that the order, notice, direction or requisition has been duly served on that individual, partnership, body corporate or unincorporated association in accordance with subsection (2) or (3) is not an excuse for failing to comply with that order, notice, direction or requisition.”; and

(n)

after subsection (7), insert —“Documents to be served in proceedings in court (8) This section does not apply to notices, summonses and other documents to be served in proceedings in court.Definitions(9) In this section —“addressee concerned” means the individual, partnership, body corporate or unincorporated association to be served, as the case may be;“body corporate” includes a limited liability partnership;“business address” means —

(a)

in the case of an individual, the individual’s usual or last known place of business in Singapore; or

(b)

in the case of a partnership, the partnership’s principal or last known place of business in Singapore;“chosen means of access”, for an addressee concerned on whom is or is to be served an order, notice, direction or requisition, means an electronic means that the addressee concerned agrees with the competent authority as the means by which the addressee concerned may access the contents of that order, notice, direction or requisition;“chosen means of notification”, for an addressee concerned on whom is or is to be served an order, notice, direction or requisition, means an electronic means that the addressee concerned nominates to the competent authority as the means by which the addressee concerned may be notified that such an order, notice, direction or requisition has been served on the addressee concerned;“last email address” means the last email address given to the competent authority by the addressee concerned as the email address for the service of an order, notice, direction or requisition;“mobile telephone number” means the last mobile telephone number given (in accordance with a legal requirement under this Act) to the competent authority by the addressee concerned, and which the addressee concerned has acknowledged may be used by the competent authority for the service of any notice of requisition issued pursuant to section 12 or any order or direction issued pursuant to section 16 or 17;“partnership” excludes a limited liability partnership;“residential address” means an individual’s usual or last known place of residence in Singapore.”.