Powers of Commissioner and inspecting officers
103.—(1) The Commissioner or any inspecting officer has, for the purposes of this Act, power to do all or any of the following:(a)
to enter and search, by day or by night, any premises or part thereof when he or she has reasonable cause to believe that evidence of the commission of an offence under this Act or of a civil contravention can be found therein;
(aa)
to enter without previous notice at any reasonable time any place of employment for the purpose of conducting any audit in relation to the terms and conditions of employment of any employee;
(b)
to examine orally any person reasonably believed to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act, and to reduce into writing the answer given or statement made by that person;
(c)
to require any person whom the Commissioner or inspecting officer has reason to believe has any document, including documents of identity or documents containing information relevant to the carrying out of the provisions of this Act, to produce any such document and to answer such questions relating thereto as the Commission or inspecting officer may think proper to ask;
(d)
to examine notices and all documents which are required to be kept under the provisions of this Act or any regulations made under this Act and any document required to be produced under paragraph (c);
(e)
to make copies of or retain any notice or document mentioned in paragraph (d);
(f)
to retain for purposes of analysis samples of materials and substances used or handled by employees, except that the employer or the employer’s representative must be notified of any such samples of materials or substances taken or removed for this purpose;
(g)
to take such photographs, or audio or video recording, as the Commissioner or inspecting officer thinks necessary, of the premises and persons reasonably believed to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act;
(h)
to require any person to produce any article that is relevant to any investigation under this Act and, if necessary, to take into custody any such article.[26/2013; 27/2015]
(2) The person mentioned in subsection (1)(b) is bound to state truly the facts and circumstances with which that person is acquainted.
(3) A statement made by the person mentioned in subsection (1)(b) must be read over to that person and must, after correction, if necessary, be signed by that person.
(4) The Commissioner or the inspecting officer must, if required to do so, show his or her credentials.
—(1) The Commissioner or any inspecting officer has, for the purposes of this Act, power to do all or any of the following:(a)
to enter and search, by day or by night, any premises or part thereof when he or she has reasonable cause to believe that evidence of the commission of an offence under this Act or of a civil contravention can be found therein;
(aa)
to enter without previous notice at any reasonable time any place of employment for the purpose of conducting any audit in relation to the terms and conditions of employment of any employee;
(b)
to examine orally any person reasonably believed to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act, and to reduce into writing the answer given or statement made by that person;
(c)
to require any person whom the Commissioner or inspecting officer has reason to believe has any document, including documents of identity or documents containing information relevant to the carrying out of the provisions of this Act, to produce any such document and to answer such questions relating thereto as the Commission or inspecting officer may think proper to ask;
(d)
to examine notices and all documents which are required to be kept under the provisions of this Act or any regulations made under this Act and any document required to be produced under paragraph (c);
(e)
to make copies of or retain any notice or document mentioned in paragraph (d);
(f)
to retain for purposes of analysis samples of materials and substances used or handled by employees, except that the employer or the employer’s representative must be notified of any such samples of materials or substances taken or removed for this purpose;
(g)
to take such photographs, or audio or video recording, as the Commissioner or inspecting officer thinks necessary, of the premises and persons reasonably believed to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act;
(h)
to require any person to produce any article that is relevant to any investigation under this Act and, if necessary, to take into custody any such article.[26/2013; 27/2015]
(2) The person mentioned in subsection (1)(b) is bound to state truly the facts and circumstances with which that person is acquainted.
(3) A statement made by the person mentioned in subsection (1)(b) must be read over to that person and must, after correction, if necessary, be signed by that person.
(4) The Commissioner or the inspecting officer must, if required to do so, show his or her credentials.
Notice to employer by Commissioner or inspecting officer of inspection or visit
104. On entering any place of employment under section 103, the Commissioner or the inspecting officer must notify the employer or the employer’s representative of his or her presence unless he or she considers that such a notification may be prejudicial to the efficient performance of his or her duties.
Power to arrest without warrant
105.—(1) Any inspecting officer may arrest without warrant any person whom the inspecting officer reasonably suspects —(a)
is committing or has committed an offence under section 21, 22 or 23 read with section 34; or
(b)
has abetted the commission of any offence mentioned in paragraph (a).[26/2013]
(2) Any inspecting officer may arrest without warrant any person who is an officer or a member of a body corporate or an unincorporated association or a partner of a partnership and whom the inspecting officer reasonably suspects has consented to, connived in or due to neglect on that person’s part caused the commission of an offence mentioned in subsection (1)(a).[26/2013]
(3) An inspecting officer making an arrest without warrant must, without unnecessary delay and subject to subsection (5), produce the person arrested before a Magistrate’s Court.[26/2013]
(4) An inspecting officer must not detain in custody a person arrested without warrant for longer than is reasonable in the circumstances, and the period must not exceed 48 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court.[26/2013]
(5) Any person who has been arrested by an inspecting officer may be released on bail, or on his or her own bond, by an inspecting officer.[26/2013]
—(1) Any inspecting officer may arrest without warrant any person whom the inspecting officer reasonably suspects —(a)
is committing or has committed an offence under section 21, 22 or 23 read with section 34; or
(b)
has abetted the commission of any offence mentioned in paragraph (a).[26/2013]
(2) Any inspecting officer may arrest without warrant any person who is an officer or a member of a body corporate or an unincorporated association or a partner of a partnership and whom the inspecting officer reasonably suspects has consented to, connived in or due to neglect on that person’s part caused the commission of an offence mentioned in subsection (1)(a).[26/2013]
(3) An inspecting officer making an arrest without warrant must, without unnecessary delay and subject to subsection (5), produce the person arrested before a Magistrate’s Court.[26/2013]
(4) An inspecting officer must not detain in custody a person arrested without warrant for longer than is reasonable in the circumstances, and the period must not exceed 48 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court.[26/2013]
(5) Any person who has been arrested by an inspecting officer may be released on bail, or on his or her own bond, by an inspecting officer.[26/2013]
How to arrest
105A.—(1) In making an arrest, an inspecting officer making the arrest must touch or confine the body of the person to be arrested unless the person submits to arrest by word or action.[26/2013]
(2) If the person forcibly resists or tries to evade arrest, the inspecting officer may use all means necessary to effect the arrest.[26/2013]
—(1) In making an arrest, an inspecting officer making the arrest must touch or confine the body of the person to be arrested unless the person submits to arrest by word or action.[26/2013]
(2) If the person forcibly resists or tries to evade arrest, the inspecting officer may use all means necessary to effect the arrest.[26/2013]
No unnecessary restraint
105B.—(1) The person arrested must not be subjected to more restraint than is necessary to prevent his or her escape.[26/2013]
(2) An inspecting officer may use handcuffs or any similar means of restraint on a person arrested to prevent him or her from —(a)
inflicting any bodily injury to himself, herself or others;
(b)
damaging any property;
(c)
creating any disturbance; or
(d)
escaping from custody.[26/2013]
(3) The handcuffs or similar means of restraint must not be used for the purpose of punishment.[26/2013]
—(1) The person arrested must not be subjected to more restraint than is necessary to prevent his or her escape.[26/2013]
(2) An inspecting officer may use handcuffs or any similar means of restraint on a person arrested to prevent him or her from —(a)
inflicting any bodily injury to himself, herself or others;
(b)
damaging any property;
(c)
creating any disturbance; or
(d)
escaping from custody.[26/2013]
(3) The handcuffs or similar means of restraint must not be used for the purpose of punishment.[26/2013]
Search of persons arrested
105C.—(1) When a person is arrested, the inspecting officer making the arrest may search the person and take possession of all articles (other than necessary wearing apparel) found upon the person that the inspecting officer has reason to believe were connected with the offence for which the person is being arrested.[26/2013]
(2) Whenever it is necessary to cause a person to be searched, the search must be made by an inspecting officer of the same sex as the person, with strict regard to decency.[26/2013]
—(1) When a person is arrested, the inspecting officer making the arrest may search the person and take possession of all articles (other than necessary wearing apparel) found upon the person that the inspecting officer has reason to believe were connected with the offence for which the person is being arrested.[26/2013]
(2) Whenever it is necessary to cause a person to be searched, the search must be made by an inspecting officer of the same sex as the person, with strict regard to decency.[26/2013]
Inspecting officer to be armed
105D. Every inspecting officer must be provided with such batons and accoutrements as may be necessary for the effective discharge of his or her duties.[26/2013]
Power to seize offensive weapons
105E. An inspecting officer making any arrest may take from the person arrested any offensive weapons which that person has about his or her person.[26/2013]
Power on escape to pursue and arrest
105F. If a person in lawful custody escapes or is rescued, the inspecting officer from whose custody that person escaped or was rescued may immediately pursue and arrest that person in any place within Singapore and deal with him or her as the officer might have done on the original arrest.[26/2013]
Inspecting officer not to reveal secrets
106. A person must not, except in the performance of his or her duties, reveal any manufacturing or commercial secrets which may at any time come to his or her knowledge in the course of his or her duty as an inspecting officer.
Disposal of documents, articles, etc.
106A.—(1) Any document, article or thing that the Commissioner or an inspecting officer takes possession of under this Part must —(a)
where the document, article or thing is produced in any criminal trial, be dealt with in accordance with section 364 of the Criminal Procedure Code 2010; and
(b)
in any other case, be returned to the owner or reported to a Magistrate.[27/2015]
(2) Where the report of any document, article or thing is made to a Magistrate under subsection (1)(b), the Magistrate may order the document, article or thing —(a)
to be forfeited; or
(b)
to be disposed of in any manner that the Magistrate thinks fit.[27/2015]
(3) Nothing in this section is taken to prejudice any right to retain or dispose of property which may exist in law apart from this section.[27/2015]
—(1) Any document, article or thing that the Commissioner or an inspecting officer takes possession of under this Part must —(a)
where the document, article or thing is produced in any criminal trial, be dealt with in accordance with section 364 of the Criminal Procedure Code 2010; and
(b)
in any other case, be returned to the owner or reported to a Magistrate.[27/2015]
(2) Where the report of any document, article or thing is made to a Magistrate under subsection (1)(b), the Magistrate may order the document, article or thing —(a)
to be forfeited; or
(b)
to be disposed of in any manner that the Magistrate thinks fit.[27/2015]
(3) Nothing in this section is taken to prejudice any right to retain or dispose of property which may exist in law apart from this section.[27/2015]
Offence
107. Any person who —(a)
without reasonable excuse, neglects or refuses to produce any document or article as required under section 103;
(b)
makes to the Commissioner or an inspecting officer exercising the powers under section 103 a statement, either orally or in writing, which is false in a material particular; or
(c)
otherwise hinders or obstructs the Commissioner or an inspecting officer in the exercise of the powers under section 103,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
