§ 173M — Power to enter premises without warrant

173M.—(1) In connection with an investigation under this Division, any officer of the Authority who is authorised by the Authority to do so (called in this section an investigator) and such other officers or persons as the Authority has authorised in writing to accompany the investigator (each called in this section an authorised person) may enter any premises.(2) An investigator or authorised person accompanying the investigator must not enter any premises in the exercise of the powers under this section unless the investigator has given the occupier of the premises a written notice which —(a)

gives at least 2 working days’ notice of the intended entry;

(b)

indicates the subject matter and purpose of the investigation; and

(c)

indicates the nature of the offences investigated.

(3) Subsection (2) does not apply —(a)

if the investigation relates to an alleged or suspected contravention of any provision of this Act and the investigator has reasonable grounds for suspecting that the premises are, or have been, occupied by a person who is being investigated in relation to the contravention; or

(b)

if the investigator has taken all such steps as are reasonably practicable to give notice under subsection (2)(a) but has not been able to do so.

(4) Where subsection (3) applies, the power of entry conferred by subsection (1) may only be exercised upon production of —(a)

evidence of the investigator’s authorisation and the authorisation of every authorised person accompanying the investigator; and

(b)

a document containing information indicating the subject matter and purpose of the investigation and the nature of the offences investigated.

(5) Without affecting section 173L, an investigator or authorised person entering any premises under this section may —(a)

bring with him or her to the premises such items as appear to him or her to be necessary;

(b)

require any person on the premises to produce any book or copy of any book or to give access to any data which the investigator or authorised person considers relates to any matter relevant to the investigation;

(c)

require any person on the premises to state, to the best of the person’s knowledge and belief, where any such book or data is to be found; and

(d)

take any step, or issue to any person on the premises any requirement, which appears to be necessary for the purpose of preserving or preventing interference with any such book or data.[Act 12 of 2024 wef 24/01/2025]

—(1) In connection with an investigation under this Division, any officer of the Authority who is authorised by the Authority to do so (called in this section an investigator) and such other officers or persons as the Authority has authorised in writing to accompany the investigator (each called in this section an authorised person) may enter any premises.

(2) An investigator or authorised person accompanying the investigator must not enter any premises in the exercise of the powers under this section unless the investigator has given the occupier of the premises a written notice which —(a)

gives at least 2 working days’ notice of the intended entry;

(b)

indicates the subject matter and purpose of the investigation; and

(c)

indicates the nature of the offences investigated.

(3) Subsection (2) does not apply —(a)

if the investigation relates to an alleged or suspected contravention of any provision of this Act and the investigator has reasonable grounds for suspecting that the premises are, or have been, occupied by a person who is being investigated in relation to the contravention; or

(b)

if the investigator has taken all such steps as are reasonably practicable to give notice under subsection (2)(a) but has not been able to do so.

(4) Where subsection (3) applies, the power of entry conferred by subsection (1) may only be exercised upon production of —(a)

evidence of the investigator’s authorisation and the authorisation of every authorised person accompanying the investigator; and

(b)

a document containing information indicating the subject matter and purpose of the investigation and the nature of the offences investigated.

(5) Without affecting section 173L, an investigator or authorised person entering any premises under this section may —(a)

bring with him or her to the premises such items as appear to him or her to be necessary;

(b)

require any person on the premises to produce any book or copy of any book or to give access to any data which the investigator or authorised person considers relates to any matter relevant to the investigation;

(c)

require any person on the premises to state, to the best of the person’s knowledge and belief, where any such book or data is to be found; and

(d)

take any step, or issue to any person on the premises any requirement, which appears to be necessary for the purpose of preserving or preventing interference with any such book or data.[Act 12 of 2024 wef 24/01/2025]