Power to carry out Minister’s direction
65.—(1) If the owner of any premises does not comply with any direction in the Minister’s order under section 58, or in the Minister’s notice under section 59, for the premises, the Commissioner may enter, without warrant, the premises and carry out that direction.
(2) The Commissioner may be accompanied or assisted by such persons as are necessary for the exercise of the Commissioner’s powers under this section or section 67 (in relation to this section).
(3) All expenses reasonably incurred by the Commissioner in the exercise of the Commissioner’s powers under this section or section 67 (in relation to this section) are recoverable from the owner of the premises as a debt due to the Government.
Powers of search, etc.
66.—(1) For the purpose of ascertaining whether there is or has been any contravention of this Act in relation to a protected infrastructure, the Commissioner has the power to do all or any of the following:(a)
enter, inspect and search, without warrant, the protected infrastructure;
(b)
take possession of any thing found in the protected infrastructure that is reasonably believed to be connected to any contravention of this Act;
(c)
require the owner or occupier of the protected infrastructure to —(i)
produce to the Commissioner for inspection; or
(ii)
supply the Commissioner with copies of,
any document relating to the protected infrastructure that may be in the possession, custody or control of that owner or occupier, either immediately or at such time and place as may be specified by the Commissioner.
(2) The Commissioner must not exercise the power of entry under subsection (1)(a) unless at least 24 hours’ notice of the intended entry has been given to the owner or occupier of the protected infrastructure.
(3) When exercising any power under subsection (1)(a) or (b) or section 67 (in relation to this section), the Commissioner may be accompanied or assisted by such persons as are necessary for the exercise of that power.
(4) Any person who, without reasonable excuse, fails to comply with any requirement under subsection (1)(c) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
Powers of forcible entry
67. If entry to any premises cannot be obtained under section 65 or 66, the Commissioner may do all or any of the following:(a)
break open any outer or inner door or window leading to the premises;
(b)
forcibly enter the premises;
(c)
remove by force any obstruction to the entry or search of the premises under that section.
Powers of investigation
68.—(1) For the purpose of investigating any offence under this Act, the Commissioner may do all or any of the following:(a)
require, by written notice, any person, whom the Commissioner reasonably believes has any information, or any document in the person’s custody or control, that is relevant to the investigation, to furnish that information or document, within such time and manner as may be specified in the written notice;
(b)
require, by written notice, the attendance before the Commissioner of any person within the limits of Singapore who appears to be acquainted with the facts or circumstances of the matter;
(c)
examine orally any person who appears to be acquainted with the facts or circumstances of the matter —(i)
whether before or after that person or anyone else is charged with an offence in connection with the matter; and
(ii)
whether or not that person is to be called as a witness in any inquiry, trial or other proceedings in connection with the matter.
(2) A person examined under subsection (1)(c) is bound to state truly the facts and circumstances with which the person is acquainted concerning the matter except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture.
(3) A statement made by a person examined under subsection (1)(c) 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.
(4) If any person fails to attend as required by a notice under subsection (1)(b), the Commissioner may report that failure to a Magistrate who may then issue a warrant ordering the person to comply with the notice.
(5) Any person who, without reasonable excuse, fails to comply with any notice under subsection (1)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
Commissioner to produce evidence of identity and authority
69.—(1) When exercising any power under section 65, 66, 67 or 68, the Commissioner must, if so required by any person affected by the exercise of that power, produce to that person evidence of the Commissioner’s identity and authority to exercise that power.
(2) Despite any provision of this Act, it is not an offence for any person to refuse to comply with any requirement or notice of the Commissioner under any of the sections mentioned in subsection (1) if the Commissioner does not comply with that subsection.
False or misleading statement, information or document
70. Any person who, being required to make any statement or furnish any information or document under this Act —(a)
makes any statement, or furnishes any information or document, which is false or misleading in a material particular; and
(b)
knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
Obstruction
71.—(1) A person must not do any act which has or is likely to have the effect of obstructing or hindering or otherwise preventing any other person from exercising any power, or discharging any duty or complying with any provision or requirement, under this Act.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.
Offences by corporations
72.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that —(a)
an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and
(b)
the officer, employee or agent had that state of mind,
is evidence that the corporation had that state of mind.
(2) Where a corporation commits an offence under this Act, a person —(a)
who is —(i)
an officer of the corporation; or
(ii)
an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and
(b)
who —(i)
consented or connived, or conspired with others, to effect the commission of the offence;
(ii)
is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or
(iii)
knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,
shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly.
(3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear.
(4) To avoid doubt, this section does not affect the application of —(a)
Chapters 5 and 5A of the Penal Code 1871; or
(b)
the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence.
(5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence.
(6) In this section —“corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005;
“officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes —(a)
any person purporting to act in any such capacity; and
(b)
for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation;
“state of mind” of a person includes —(a)
the knowledge, intention, opinion, belief or purpose of the person; and
(b)
the person’s reasons for the intention, opinion, belief or purpose.
Offences by unincorporated associations or partnerships
73.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that —(a)
an employee or agent of the unincorporated association or the partnership engaged in that conduct within the scope of his or her actual or apparent authority; and
(b)
the employee or agent had that state of mind,
is evidence that the unincorporated association or partnership had that state of mind.
(2) Where an unincorporated association or a partnership commits an offence under this Act, a person —(a)
who is —(i)
an officer of the unincorporated association or a member of its governing body;
(ii)
a partner in the partnership; or
(iii)
an individual involved in the management of the unincorporated association or the partnership and in a position to influence the conduct of that unincorporated association or that partnership in relation to the commission of the offence; and
(b)
who —(i)
consented or connived, or conspired with others, to effect the commission of the offence;
(ii)
is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or the partnership; or
(iii)
knew or ought reasonably to have known that the offence by the unincorporated association or the partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,
shall be guilty of the same offence as is that unincorporated association or that partnership, and shall be liable on conviction to be punished accordingly.
(3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or the partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof as that unincorporated association or that partnership would bear.
(4) To avoid doubt, this section does not affect the application of —(a)
Chapters 5 and 5A of the Penal Code 1871; or
(b)
the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence.
(5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not that unincorporated association or that partnership is convicted of the offence.
(6) In this section —“officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes —(a)
any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and
(b)
any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner;
“state of mind” of a person includes —(a)
the knowledge, intention, opinion, belief or purpose of the person; and
(b)
the person’s reasons for the intention, opinion, belief or purpose.
Composition of offences
74.—(1) The Commissioner may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:(a)
one half of the amount of the maximum fine that is prescribed for the offence;
(b)
$5,000.
(2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.
Arrestable offences and non-bailable offences
75.—(1) Every offence under this Act is arrestable for the purposes of the Criminal Procedure Code 2010.
(2) Every offence under this Act (except an offence under section 20(2), 21(6), 27(5), 28(2), 29(4), 30(4) or (5), 37(7), 44(7), 56(3) or (4) or 60(3)) is bailable for the purposes of the Criminal Procedure Code 2010.
Jurisdiction of courts
76. Despite the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act and has power to impose the full punishment for any such offence.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
