Powers of arrest and investigation
18.—(1) Any authorised officer or police officer may arrest without warrant any person whom he or she reasonably believes has committed an offence under this Act.
(2) An authorised officer who is not a police officer may exercise all or any of the powers in relation to investigations into an arrestable offence conferred on a police officer by the Criminal Procedure Code 2010 in any case relating to the commission of an offence under this Act.
(3) Every offence under this Act is deemed to be an arrestable offence within the meaning of the Criminal Procedure Code 2010.
Inspection of licensed premises, etc.
19.—(1) Any authorised officer or police officer may, for the purposes of this Act, do all or any of the following:(a)
enter and inspect or search, with or without notice, any licensed premises or place and any person at the licensed premises or place;
(b)
require the provision of specified information or the production of records, books, accounts or documents kept by any licensee or person and inspect, copy, seize or detain any of such records, books, accounts or documents;
(c)
require the production of any identification document from any person in relation to an offence under this Act;
(d)
examine, seize or detain any optical disc, or any article or thing, found in the licensed premises or place, which appears to him or her to be or to contain, or to be likely to be or to contain, evidence of an offence under this Act;
(e)
make any examination or inquiry that may be necessary to ascertain whether the provisions of this Act have been complied with;
(f)
exercise any other power that may be reasonable and necessary for giving effect to the provisions of this Act.
(2) A licensee must, when required in writing by any authorised officer or police officer, on such terms or conditions as may be specified by the authorised officer or police officer or as may be prescribed, provide any exemplars of optical discs that may be required to the authorised officer or police officer, or any right‑holder organisation.
(3) Any licensee who, without reasonable excuse, contravenes a requirement made under subsection (2) shall be guilty of an offence and shall be liable on conviction —(a)
in the case of a body corporate — to a fine not exceeding $100,000 and, in the case of a second or subsequent offence, to a fine not exceeding $200,000; and
(b)
in any other case — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second or subsequent offence, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both.
(4) In this section, “right-holder organisation” means an organisation or other body which is —(a)
established for the purpose of representing the interests of 2 or more owners of copyright; and
(b)
recognised by the Registrar as such in the circumstances of the particular case.
Access to computers and data
20.—(1) When conducting a search or an examination under this Act, an authorised officer or a police officer —(a)
has access to, and may inspect and check the operation of, any computer system and any associated apparatus or material which he or she has reasonable cause to suspect is or has been in use in connection with any offence under this Act; and
(b)
may use or cause to be used any such computer system to search any data contained in or available to such computer system.
(2) The authorised officer or police officer may require —(a)
the person by whom or on whose behalf the authorised officer or police officer has reasonable cause to suspect the computer is or has been so used; or
(b)
any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,
to provide him or her with any reasonable technical and other assistance that he or she may require for the purposes of subsection (1).
(3) Any person who contravenes a requirement made under subsection (2) 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 12 months or to both.
(4) In this section, “computer” has the meaning given by section 2(1) of the Computer Misuse Act 1993.[3/2013; 9/2018]
Forfeiture of optical discs, etc.
21.—(1) Where any person has been convicted of an offence under this Act, the court must, unless it is of the view that the offence is minor or that there are exceptional circumstances for deciding otherwise, order the person to forfeit to the Government any optical disc, article or thing in relation to which, or by means of which, the offence was committed.
(2) Any forfeiture of optical discs, articles or things under subsection (1) is in addition to any penalty or punishment that the court may impose for the offence committed.
