Part of a comprehensive analysis of the Requisition of Resources Act 1985
All Parts in This Series
Key Provisions and Their Purpose under Part 6 of the Requisition of Resources Act 1985
Part 6 of the Requisition of Resources Act 1985 (the Act) sets out critical provisions that empower competent authorities to requisition resources, maintain registers, and enforce compliance for the defence and public safety of Singapore. These provisions are designed to ensure that the government can efficiently mobilise and manage resources during emergencies or situations requiring national defence. Below is a detailed analysis of the key sections and their purposes.
"The provisions of this Act are without prejudice to any agreement for the making of any payment (whether by way of compensation or otherwise) in respect of the doing of anything on behalf of a competent authority in the exercise of the powers conferred upon the competent authority by this Act..." — Section 36, Requisition of Resources Act 1985
Verify Section 36 in source document →
Purpose: Section 36 clarifies that the Act does not override any existing agreements regarding compensation. This ensures that individuals or entities requisitioned under the Act are fairly compensated, maintaining fairness and encouraging cooperation with authorities.
"A competent authority must cause to be kept and maintained a register of all persons in Singapore and of citizens of Singapore residing overseas who are required to be registered under this Act..." — Section 37, Requisition of Resources Act 1985
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Purpose: Section 37 mandates the maintenance of a comprehensive register of persons subject to the Act. This register is essential for efficient mobilisation and accountability, enabling authorities to identify and contact relevant individuals swiftly during emergencies.
"For the purpose of obtaining information on the availability of manpower and other resources for the defence of the country or for the securing of public safety, a competent authority may issue requisitions to any person carrying on any undertaking to furnish particulars and supply any information..." — Section 38, Requisition of Resources Act 1985
Verify Section 38 in source document →
Purpose: Section 38 empowers authorities to requisition information critical for assessing resource availability. This provision exists to ensure that the government has accurate data to plan and allocate resources effectively during crises.
"A competent authority may direct the owners of vehicles, vessels or aircraft to carry out such modifications or install any equipment to their vehicles, vessels or aircraft which are useful for defence or public safety purposes." — Section 39, Requisition of Resources Act 1985
Verify Section 39 in source document →
Purpose: Section 39 allows authorities to require modifications to transport means to enhance their utility for defence or public safety. This ensures that private assets can be adapted quickly to meet national needs without undue delay.
"The Minister may make regulations to require persons having in their possession vehicles, vessels or aircraft... to furnish... particulars... and to provide all reasonable facilities for enabling any such vehicles, vessels or aircraft... to be inspected and examined..." — Section 40, Requisition of Resources Act 1985
Verify Section 40 in source document →
Purpose: Section 40 authorises the Minister to impose regulatory requirements for inspection and information provision regarding vehicles, vessels, or aircraft. This provision supports the enforcement of Sections 38 and 39 by facilitating oversight and compliance.
"Details the modes and procedures for service of orders, notices, directions and requisitions under the Act." — Section 41, Requisition of Resources Act 1985
Verify Section 41 in source document →
Purpose: Section 41 establishes clear procedures for serving legal documents under the Act, ensuring that affected parties receive proper notice and that the process is legally sound and enforceable.
Sections 42 to 47 cover various operational and enforcement aspects, including the use of vehicles, liability issues, powers of arrest, offences, and jurisdictional matters. These provisions collectively ensure that the Act’s powers are exercised within a clear legal framework, balancing authority with accountability.
"The Minister may make regulations for any purpose for which regulations may be made under this Act and for prescribing anything which may be prescribed under this Act and generally for the purpose of carrying this Act into effect." — Section 48, Requisition of Resources Act 1985
Verify Section 48 in source document →
Purpose: Section 48 grants the Minister broad regulatory powers to implement and enforce the Act effectively. This flexibility is crucial for adapting to evolving circumstances and ensuring comprehensive governance under the Act.
Definitions in Part 6 and Their Significance
Section 41(9) provides precise definitions for terms used throughout Part 6, ensuring clarity and consistency in interpretation and application. These definitions are vital for avoiding ambiguity in legal processes and for ensuring that all parties understand their rights and obligations under the Act.
"'addressee concerned' means the individual, partnership, body corporate or unincorporated association to be served, as the case may be;" — Section 41(9), Requisition of Resources Act 1985
Verify Section 41 in source document →
This definition clarifies who is the recipient of service, ensuring that notices and orders are directed to the correct legal entity.
"'body corporate' includes a limited liability partnership;" — Section 41(9), Requisition of Resources Act 1985
Verify Section 41 in source document →
By explicitly including limited liability partnerships, the Act ensures that such entities are subject to the same obligations as corporations, reflecting modern business structures.
>"business address" means in the case of an individual, the individual’s usual or last known place of business in Singapore; or in the case of a partnership, the partnership’s principal or last known place of business in Singapore;" — Section 41(9), Requisition of Resources Act 1985
Verify Section 41 in source document →
This definition standardises the location for service of documents, which is critical for effective communication and legal compliance.
>"chosen means of access" 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;" — Section 41(9), Requisition of Resources Act 1985
Verify Section 41 in source document →
This provision recognises modern communication methods, allowing electronic service to streamline processes and improve efficiency.
>"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;" — Section 41(9), Requisition of Resources Act 1985
Verify Section 41 in source document →
Including mobile telephone numbers as valid contact points further modernises the service of documents and ensures timely communication.
Other definitions such as "partnership," "residential address," "chosen means of notification," and "last email address" similarly serve to clarify the scope and application of service and notification provisions, reducing disputes over procedural matters.
Penalties for Non-Compliance under the Act
The Act imposes stringent penalties to ensure compliance with requisition orders, information requests, and other directives. These penalties serve as deterrents against obstruction or misinformation, which could jeopardise national defence or public safety.
"Any person who fails to furnish any information to the competent authority pursuant to a request made by the competent authority under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both." — Section 38(5), Requisition of Resources Act 1985
Verify Section 38 in source document →
This penalty under Section 38(5) underscores the importance of cooperation in furnishing information critical for resource assessment. The possibility of imprisonment highlights the seriousness of non-compliance.
"Any person who— (a) fails to furnish any chattel which the person is directed to furnish pursuant to a requisitioning order...; (b) refuses or without lawful excuse neglects to furnish any information...; (c) knowingly furnishes or causes to be furnished any information... which is false in any material particular; (d) refuses to answer, or wilfully gives a false answer to, any question...; (e) being a person liable to be registered under this Act, fails to register or fails to register within the prescribed time; (f) refuses, or without lawful excuse neglects, to attend at any place or time...; (g) wilfully obstructs any person in the discharge of the person’s duties...; or (h) contravenes or fails to comply with any provision of this Act, or any order or direction made or given by a competent authority or any requirement imposed under any provision of this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both." — Section 45, Requisition of Resources Act 1985
Section 45 comprehensively lists offences related to non-compliance, reflecting the Act’s broad scope in regulating conduct. The uniform penalty framework ensures consistency and fairness in enforcement.
Cross-References to Other Legislation
The Act incorporates and interacts with other Singapore laws to ensure coherence and avoid conflicts in enforcement and interpretation.
"That certificate or document is deemed to be a driving licence for the purposes of section 35 of the Road Traffic Act 1961." — Section 42(1), Requisition of Resources Act 1985
Verify Section 42 in source document →
This cross-reference integrates the Act with the Road Traffic Act, allowing requisitioned certificates or documents to be recognised as valid driving licences, facilitating operational flexibility.
"An authorised officer has all the powers of a police officer under the Criminal Procedure Code 2010 in relation to an investigation into an arrestable offence." — Section 44(3), Requisition of Resources Act 1985
Verify Section 44 in source document →
Section 44(3) empowers authorised officers with police powers, ensuring they can effectively investigate offences under the Act, thereby enhancing enforcement capabilities.
"This section does not affect the application of Chapters 5 and 5A of the Penal Code 1871;" — Section 46(4)(a), Requisition of Resources Act 1985
Verify Section 46 in source document →
By preserving the application of Penal Code provisions, the Act ensures that criminal law principles continue to apply, maintaining legal consistency.
"Or the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence." — Section 46(4)(b), Requisition of Resources Act 1985
Verify Section 46 in source document →
This provision confirms that evidence rules under the Evidence Act and other laws remain applicable, safeguarding procedural fairness in prosecutions.
"This section does not affect the application of Chapters 5 and 5A of the Penal Code 1871;" — Section 46A(4)(a), Requisition of Resources Act 1985
Verify Section 46A in source document →
Similar to Section 46(4)(a), this ensures that the Penal Code’s provisions are preserved in related contexts.
"Or the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence." — Section 46A(4)(b), Requisition of Resources Act 1985
Verify Section 46A in source document →
Again, this maintains the primacy of established evidence laws, ensuring that prosecutions under the Act adhere to standard evidentiary rules.
Conclusion
Part 6 of the Requisition of Resources Act 1985 is a comprehensive legal framework that equips competent authorities with the powers necessary to requisition resources, obtain information, and enforce compliance for national defence and public safety. The detailed definitions, clear procedural rules, and stringent penalties ensure that the Act is both effective and fair. Cross-references to other legislation integrate the Act within Singapore’s broader legal system, promoting coherence and legal certainty.
Sections Covered in This Analysis
- Section 36
- Section 37
- Section 38
- Section 39
- Section 40
- Section 41
- Sections 42 to 47
- Section 48
- Section 41(9) (Definitions)
- Section 38(5) (Penalties)
- Section 45 (Penalties)
- Section 42(1) (Cross-reference to Road Traffic Act 1961)
- Section 44(3) (Cross-reference to Criminal Procedure Code 2010)
- Section 46(4) (Cross-reference to Penal Code 1871 and Evidence Act 1893)
- Section 46A(4) (Cross-reference to Penal Code 1871 and Evidence Act 1893)
Source Documents
For the authoritative text, consult SSO.