§ 61 — Powers of entry, etc., for enforcement purpose

61.—(1) The Guardian-in-Adoption or an authorised officer may exercise all or any of the powers in this section for the purpose of investigating any offence under this Act.(2) The Guardian-in-Adoption or an authorised officer may —(a)

at any time of the day or night without notice, enter, inspect and search any premises if the Guardian‑in‑Adoption or authorised officer reasonably believes that evidence of the commission of an offence under this Act can be found in those premises;

(b)

photograph or film, or make a record or sketches of, any part of the premises mentioned in paragraph (a), or any person or thing at the premises;

(c)

inspect and make copies of, or take extracts from, any document or thing which is in the possession or under the control of any person for the purpose mentioned in subsection (1) even though the prior consent of the person has not been obtained;

(d)

seize any document or thing found in the premises mentioned in paragraph (a) which the Guardian‑in‑Adoption or authorised officer reasonably believes to be the subject matter of or to be connected with the commission of an offence under this Act;

(e)

serve a written notice on any person whom the Guardian‑in‑Adoption or authorised officer reasonably believes to be in possession of any document or thing relevant to the investigation of an offence under this Act, requiring that person —(i)

to produce without charge that document or thing at the time and place stated in the notice; or

(ii)

to give the Guardian-in-Adoption or authorised officer, without charge, access to that document or thing;

(f)

serve a written notice on any person within the limits of Singapore and who appears to be acquainted with any of the facts or circumstances of the matter under investigation, requiring that person to attend before the Guardian‑in‑Adoption or authorised officer at the time and place stated in the notice;

(g)

require any person whom the Guardian‑in‑Adoption or authorised officer reasonably believes to be acquainted with any of the facts or circumstances of the matter under investigation, to answer any question to the best of the person’s knowledge, information and belief, immediately or at the place and time specified in a written notice served on that person; and

(h)

take any step which appears to be necessary to preserve or prevent interference with any document or thing which the Guardian‑in‑Adoption or authorised officer considers to be the subject matter of or to be connected with the commission of an offence under this Act.

(3) For the purposes of subsection (2)(c), (d), (e) and (h), if any document or information required by the Guardian‑in‑Adoption or authorised officer is kept in electronic form —(a)

the power of the Guardian-in-Adoption or authorised officer to inspect the document or obtain information includes the power to —(i)

access any computer or other equipment (including a mobile telephone) in which the document or material is stored; and

(ii)

require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to provide assistance in gaining access to the computer or other equipment; and

(b)

the power of the Guardian‑in‑Adoption or authorised officer to seize the document includes the power to —(i)

make copies of the document in legible or electronic form; and

(ii)

transfer the information from the document or material to a disc, tape or other storage device.

(4) If the Guardian-in-Adoption or authorised officer under subsection (3)(b) is unable to make copies of the document or transfer the document, he or she may —(a)

seize the computer or other equipment (including a mobile telephone) in which the document or information is stored as evidence in proceedings for an offence under this Act; and

(b)

require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to disclose any password or access code for gaining access, or to do any other thing to enable the Guardian‑in‑Adoption or authorised officer to gain access, to the document or information held in the computer or equipment.

(5) If free entry or access to the premises cannot be obtained under subsection (2)(a), the Guardian‑in‑Adoption or authorised officer may, with any assistance that he or she considers necessary, break open any window, lock or fastener, or use any other reasonable means to gain entry or access into the premises.

(6) If any person fails to comply with a written notice served on the person under subsection (2)(e) or (f), the Guardian‑in‑Adoption or authorised officer may report the failure to a Magistrate who may in the Magistrate’s discretion then issue a warrant ordering the person to comply with the written notice.

(7) Any person examined under subsection (2)(g) is bound to state truly what the person knows of the facts and circumstances concerning matters under this Act, except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture.

(8) A statement made by a person examined under subsection (2)(g) must —(a)

be reduced to writing;

(b)

be read over to the person;

(c)

if the person does not understand English, be interpreted in a language that the person understands; and

(d)

after correction (if necessary), be signed by the person.

—(1) The Guardian-in-Adoption or an authorised officer may exercise all or any of the powers in this section for the purpose of investigating any offence under this Act.

(2) The Guardian-in-Adoption or an authorised officer may —(a)

at any time of the day or night without notice, enter, inspect and search any premises if the Guardian‑in‑Adoption or authorised officer reasonably believes that evidence of the commission of an offence under this Act can be found in those premises;

(b)

photograph or film, or make a record or sketches of, any part of the premises mentioned in paragraph (a), or any person or thing at the premises;

(c)

inspect and make copies of, or take extracts from, any document or thing which is in the possession or under the control of any person for the purpose mentioned in subsection (1) even though the prior consent of the person has not been obtained;

(d)

seize any document or thing found in the premises mentioned in paragraph (a) which the Guardian‑in‑Adoption or authorised officer reasonably believes to be the subject matter of or to be connected with the commission of an offence under this Act;

(e)

serve a written notice on any person whom the Guardian‑in‑Adoption or authorised officer reasonably believes to be in possession of any document or thing relevant to the investigation of an offence under this Act, requiring that person —(i)

to produce without charge that document or thing at the time and place stated in the notice; or

(ii)

to give the Guardian-in-Adoption or authorised officer, without charge, access to that document or thing;

(f)

serve a written notice on any person within the limits of Singapore and who appears to be acquainted with any of the facts or circumstances of the matter under investigation, requiring that person to attend before the Guardian‑in‑Adoption or authorised officer at the time and place stated in the notice;

(g)

require any person whom the Guardian‑in‑Adoption or authorised officer reasonably believes to be acquainted with any of the facts or circumstances of the matter under investigation, to answer any question to the best of the person’s knowledge, information and belief, immediately or at the place and time specified in a written notice served on that person; and

(h)

take any step which appears to be necessary to preserve or prevent interference with any document or thing which the Guardian‑in‑Adoption or authorised officer considers to be the subject matter of or to be connected with the commission of an offence under this Act.

(3) For the purposes of subsection (2)(c), (d), (e) and (h), if any document or information required by the Guardian‑in‑Adoption or authorised officer is kept in electronic form —(a)

the power of the Guardian-in-Adoption or authorised officer to inspect the document or obtain information includes the power to —(i)

access any computer or other equipment (including a mobile telephone) in which the document or material is stored; and

(ii)

require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to provide assistance in gaining access to the computer or other equipment; and

(b)

the power of the Guardian‑in‑Adoption or authorised officer to seize the document includes the power to —(i)

make copies of the document in legible or electronic form; and

(ii)

transfer the information from the document or material to a disc, tape or other storage device.

(4) If the Guardian-in-Adoption or authorised officer under subsection (3)(b) is unable to make copies of the document or transfer the document, he or she may —(a)

seize the computer or other equipment (including a mobile telephone) in which the document or information is stored as evidence in proceedings for an offence under this Act; and

(b)

require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to disclose any password or access code for gaining access, or to do any other thing to enable the Guardian‑in‑Adoption or authorised officer to gain access, to the document or information held in the computer or equipment.

(5) If free entry or access to the premises cannot be obtained under subsection (2)(a), the Guardian‑in‑Adoption or authorised officer may, with any assistance that he or she considers necessary, break open any window, lock or fastener, or use any other reasonable means to gain entry or access into the premises.

(6) If any person fails to comply with a written notice served on the person under subsection (2)(e) or (f), the Guardian‑in‑Adoption or authorised officer may report the failure to a Magistrate who may in the Magistrate’s discretion then issue a warrant ordering the person to comply with the written notice.

(7) Any person examined under subsection (2)(g) is bound to state truly what the person knows of the facts and circumstances concerning matters under this Act, except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture.

(8) A statement made by a person examined under subsection (2)(g) must —(a)

be reduced to writing;

(b)

be read over to the person;

(c)

if the person does not understand English, be interpreted in a language that the person understands; and

(d)

after correction (if necessary), be signed by the person.