Singapore legislation
Clause 39
of Tobacco (Control of Advertisements and Sale) (Amendment) and Other Matters Bill
Clause 39
Saving and transitional provisions
(1)
Despite a relevant controlled drug ceasing to be a controlled drug under Part 3 of the First Schedule to the Misuse of Drugs Act 1973 (called in this section the MDA) on or after the appointed date, the MDA as in force immediately before the appointed date continues to apply, as if the relevant controlled drug were a controlled drug, in relation to —
any person who is subject to an order made under section 34 of the MDA during the transitional period in relation to the person’s suspected consumption of a relevant controlled drug;
any person who, during the transitional period, supplied a urine specimen for a urine test under section 31 of the MDA or a hair specimen for a hair test under section 31A of the MDA, in relation to the person’s suspected consumption of a relevant controlled drug;
any person arrested or detained under the MDA during the transitional period for a suspected offence relating to a relevant controlled drug;
any person released on bail or personal bond under the MDA during the transitional period for a suspected offence relating to a relevant controlled drug;
any relevant controlled drug, item or other thing seized under the MDA in the course of any investigation into a suspected offence relating to a relevant controlled drug; and
any investigation or proceedings under the MDA on or after the appointed date for a suspected offence relating to a relevant controlled drug.
(2)
In subsection (1) —
Definition
“appointed date” means the date of commencement of section 11 of this Act;
Definition
“relevant controlled drug” means a specified psychoactive substance within the meaning given by section 2(1) of the Tobacco and Vaporisers Control Act 1993 that was a controlled drug specified in Part 3 of the First Schedule to the MDA as in force immediately before the appointed date;
Definition
“transitional period” means the period between 1 September 2025 and the date immediately before the relevant controlled drug ceases to be a controlled drug under Part 3 of the First Schedule to the MDA (both dates inclusive).
(3)
Despite section 33(b) (which replaces section 35 of the MDA), every institution or place that is, immediately before the date of commencement of section 33(b), declared under section 35 of the MDA as in force immediately before that date to be an approved institution or a community rehabilitation centre, is deemed to have been declared under section 35 of the MDA on that date.
(4)
Section 28 (which replaces section 19A of the Poisons Act 1938) does not apply to any compoundable offence reasonably suspected of having been committed before the date of commencement of section 28, and section 19A of the Poisons Act 1938 as in force immediately before that date continues to apply to any such offence as if section 28 had not been enacted.
(5)
To avoid doubt, nothing in this section affects section 16 of the Interpretation Act 1965.
(6)
For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by regulations, prescribe any additional provisions of a saving or transitional nature consequent on the enactment of that provision that the Minister may consider necessary or expedient.