Statute Details
- Title: Fees (Ministry of Defence) Order
- Act Code: FeA1920-OR1
- Type: Subsidiary legislation (SL)
- Authorising Act: Fees Act (Chapter 106, Section 2)
- Citation: G.N. No. S 193/2010 (Revised Edition 2010)
- Current status: Current version as at 27 Mar 2026
- Key provisions: Section 2 (fees payable for replacements of specified items); Section 3 (remission power)
- Schedule: “Fees” (items in first column; corresponding fees in second column)
- Legislative history (highlights): Amended by S 281/2011; S 250/2014; S 673/2023; S 640/2024; S 968/2024
What Is This Legislation About?
The Fees (Ministry of Defence) Order is a Singapore subsidiary legal instrument made under the Fees Act. In practical terms, it sets out the specific fees payable to the Ministry of Defence (MINDEF) when MINDEF provides “replacements” of certain items listed in the Order’s Schedule. The Order does not itself describe the operational context of MINDEF’s services; instead, it focuses on the charging mechanism—what fees apply and when they must be paid.
Because the Order is structured as a fee schedule, its legal function is narrow but important: it converts the general authority to impose fees (under the Fees Act) into a concrete tariff for particular replacement items. For practitioners, this means the Order is typically relevant in disputes or compliance questions involving payment obligations, billing, and whether any fee has been correctly assessed according to the Schedule.
The Order also includes a remission provision. Remission is a discretionary power allowing the Permanent Secretary of MINDEF to reduce or waive fees in whole or in part. This creates an additional legal pathway for affected persons to seek relief, subject to administrative discretion and any internal policies that MINDEF may apply.
What Are the Key Provisions?
Section 1 (Citation). Section 1 provides the short title: the “Fees (Ministry of Defence) Order.” While this is standard drafting, it matters for legal referencing, especially when advising on whether a particular charge is made under the correct instrument.
Section 2 (Fees payable for replacements of specified items). Section 2 is the core charging provision. It states that there shall be payable to MINDEF, in respect of replacements of the items specified in the first column of the Schedule, the fees specified opposite those items in the second column. In plain language: if MINDEF replaces one of the listed items, the person receiving the replacement must pay the corresponding scheduled fee.
Several legal implications flow from this structure:
- Trigger is “replacements”. The fee obligation arises when MINDEF replaces an item, not merely when an item is lost, damaged, or requested. Practically, the factual question often becomes whether the transaction is properly characterised as a replacement under MINDEF’s process.
- Scope is limited to “items specified”. The Schedule controls. If the item is not in the first column, the scheduled fee provision may not apply (subject to whether another fee instrument covers it).
- Amount is fixed by the Schedule. The fee is “specified opposite thereto” in the second column. This suggests a tariff approach: the fee should be the exact amount set out in the Schedule, rather than a discretionary or negotiated amount (unless remission is granted under Section 3).
Section 3 (Remission of fees). Section 3 provides that the Permanent Secretary of MINDEF may remit wholly or in part any fee payable under the Order. This is a discretionary power. In legal practice, remission provisions are significant because they can affect outcomes in payment disputes, hardship cases, or where there are mitigating circumstances (for example, administrative error, extenuating personal circumstances, or other reasons MINDEF considers relevant).
For counsel, the key points are:
- Discretionary relief. Remission is not automatic; it depends on the Permanent Secretary’s decision.
- Scope includes full or partial remission. The Permanent Secretary may reduce the fee to zero (wholly) or reduce it by an amount (in part).
- Applies to “any fee payable”. This indicates remission can cover fees assessed under Section 2, including those corresponding to any item in the Schedule.
The Schedule (Fees). Although the extract provided does not reproduce the Schedule’s item list and fee amounts, the Schedule is essential. It is the authoritative source for the tariff. The Schedule’s two-column format—items in the first column and the corresponding fees in the second—means that legal analysis in any fee dispute will typically require matching the relevant item to the correct row and then applying the fee amount exactly as stated.
Given the Order’s amendments over time (notably in 2023, 2024, and 2024 December), practitioners should also verify the version of the Schedule applicable at the time the replacement occurred. The “current version as at 27 Mar 2026” indicates that the law has been updated; however, the fee applicable to a past event may depend on the version in force at that time.
How Is This Legislation Structured?
The Fees (Ministry of Defence) Order is compact and structured in three main provisions plus a Schedule:
- Section 1: Citation (short title).
- Section 2: The charging rule—fees payable for replacements of specified items, referencing the Schedule.
- Section 3: Remission power—discretionary waiver or reduction by the Permanent Secretary of MINDEF.
- Schedule: The tariff table—“Fees” with items listed in the first column and the corresponding fee amounts in the second column.
There are no elaborate procedural provisions in the extract (such as payment timelines, dispute mechanisms, or enforcement steps). In practice, those operational details are often handled through MINDEF’s administrative processes, other regulations, or general principles under the Fees Act framework. Accordingly, when advising clients, lawyers typically focus on (i) whether the replacement falls within the Schedule and (ii) whether remission is available or has been considered.
Who Does This Legislation Apply To?
The Order applies to persons who are subject to MINDEF’s replacement services for the items listed in the Schedule. While the extract does not specify categories (for example, whether the items relate to equipment issued to servicemen, civilians, or other groups), the legal effect is clear: if MINDEF replaces a specified item, the fee is payable to MINDEF.
In terms of legal standing, the likely affected parties are those billed for replacement fees under MINDEF’s processes. This could include individuals who request replacements, persons responsible for replacement costs, or any party who is contractually or administratively required to pay MINDEF’s scheduled fees. The remission provision further extends relevance to those who seek relief from payment obligations, as the Permanent Secretary’s discretion may be invoked by an applicant or considered upon MINDEF’s initiative.
Why Is This Legislation Important?
Although the Fees (Ministry of Defence) Order is brief, it is legally significant because it provides the statutory basis for charging fees for replacement items. For practitioners, the Order is a key reference point in billing disputes: it sets the legal “hook” for payment and ties the amount to the Schedule. If a fee is assessed for an item not listed in the Schedule, or if the wrong fee amount is applied, the Order provides a clear basis to challenge the charge.
Second, the Order’s amendments over time underscore the importance of version control. The legislative history shows multiple amendments (including S 673/2023, S 640/2024, and S 968/2024). In fee disputes, counsel should check the date of the relevant replacement and compare it with the version of the Schedule in force at that time. Even where the legal structure remains the same, fee amounts or item listings may change through amendments.
Third, Section 3’s remission power is practically important. Where a client faces financial hardship, administrative error, or other mitigating circumstances, remission may be the most direct route to relief. While remission is discretionary and therefore not guaranteed, the existence of a statutory remission mechanism strengthens the argument that MINDEF has a lawful basis to consider waiver or reduction, rather than treating payment as purely non-negotiable.
Related Legislation
- Fees Act (Chapter 106), Section 2 (authorising provision for the making of fee orders)
Source Documents
This article provides an overview of the Fees (Ministry of Defence) Order for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.