Electronic Gazette and Legislation Bill tabled for first reading; Gazette published on prescribed website to be authoritative version
28 November 2024
On 11 November 2024, the Electronic Gazette and Legislation Bill (“Bill”) was tabled for first reading in Parliament. This Bill seeks to amend various Acts to:
- provide for the Gazette published on the prescribed website to be the authoritative version of the Gazette, and to provide for the administration of the electronic Gazette;
- provide for electronic versions of revised editions of legislation to be authoritative;
- abolish the use of the Gazette as an instrument of appointment; and
- make related and consequential amendments.
Amendment of Interpretation Act 1965
The Bill replaces section 48 of the Interpretation Act 1965 to consolidate and update the law relating to the Gazette. Under the Bill, the new section 48 will require judicial notice to be taken of the Gazette published on the prescribed website, the Gazette published in print, and any other form of the Gazette that may be prescribed. The Gazette published in each of these forms will be prima facie evidence of its contents, such as legislation, appointments, and decisions made under statutory powers. As from the commencement date, the Gazette published on the prescribed website will prevail over other versions of the Gazette published on or after that date in the event of any inconsistency.
The new section also incorporates (and in so doing deletes) section 2(6) of the Interpretation Act 1965, which provides that where a Gazette is published in more than one form the date of publication of that Gazette is deemed to be the date on which that Gazette is first published in any form.
Amendment of Revised Edition of the Laws Act 1983
The Bill amends the Revised Edition of the Laws Act 1983 providing for revised editions of legislation to be published electronically without the need to first publish in print.
A new section 17A provides for electronic versions of revised editions of legislation published on or after the commencement date to prevail over print versions if there is any inconsistency. Both versions will still be prima facie evidence of the proper law of Singapore.
The Bill also delete provisions and language that are peculiar to printed versions of revised legislation or premised on the primacy of printed versions. This includes references to the revised edition as being in booklet or loose leaf form, front page requirements, requirements to deposit sealed copies, and provisions on the sale of printed copies.
Abolition of use of Gazette as instrument of appointment, etc.
Clause 4 of the Bill amends various Acts to abolish the use of the Gazette as an instrument of appointment or authorisation. In general, requirements to make appointments by way of Gazette notification will be replaced by directory requirements for the relevant appointments to be published in the Gazette after they are made. This is more consistent with the function of the Gazette as a public record.
Related and consequential amendments
The Bill makes the following related and consequential amendments:
- The definition of “Gazette” in the Interpretation Act 1965 is amended to reflect the fact that the Gazette includes content that is not published by the order of the Government. The amended definition will simply refer to the Gazette as published by the Government Printer.
- The definition of “Government Printer” of the Interpretation Act 1965 is replaced to expressly include the Government Printer’s responsibility for publishing the Gazette, among other materials. The definition will no longer refer to persons purporting to be the Government Printer. Where it is necessary to make such references, this will be done by substantive provisions.
- Amendments are made to various Acts that contain references to materials printed by the Government Printer. These materials could be published in the electronic form of the Gazette as well, and the references are amended accordingly. Where appropriate the references are also amended to include materials purporting to be published by the Government Printer. This is so that users do not have to investigate the provenance of these materials.
Reference materials
The Bill is available on the Parliament website www.parliament.gov.sg.