Power to require information, etc.
Open ↗46.—(1) The Postal Authority or any officer of the Postal Authority authorised in that behalf may, for the purpose of conducting an investigation or discharging its functions under this Act, by order —(a)
require any person to provide the Postal Authority with any information in the person’s possession which relates to any postal service or postal system or the public parcel locker network or any part of the public parcel locker network; and
(b)
require any person who has in the person’s custody or under the person’s control any document which relates to any postal service or postal system or the public parcel locker network or any part of the public parcel locker network —(i)
to provide the Postal Authority with a copy of or extract from the document; or
(ii)
unless the document forms part of the records or other documents of a court or public authority, to transmit the document itself to the Postal Authority for its inspection.[22/2016; 10/2021]
(2) The Postal Authority or any officer authorised by it in that behalf is entitled without payment to keep any copy or extract provided to the Postal Authority under subsection (1).
(3) The Postal Authority or any officer authorised by it in that behalf must at all reasonable times in the day have full and free access to all buildings, places, books, documents and other papers for the purpose of discharging the Postal Authority’s functions under this Act, and may, without payment, inspect, copy or make extracts from any such books, documents or papers.
(4) The Postal Authority or any officer authorised by it in that behalf may take possession of any books, documents or papers where in the opinion of the Postal Authority —(a)
the books, documents or papers may be interfered with or destroyed unless possession is taken; or
(b)
the books, documents or papers may be required as evidence in proceedings for an offence under this Act or any regulations made under this Act.
(5) The rights conferred by this section include, in relation to information recorded otherwise than in legible form, the right to require the information to be made available in legible form for inspection or for a copy or extract to be made of or from it.
(6) The power under this section to require a person to produce a document includes the power —(a)
if the document is produced, to require the person, or any person who is a present or past officer of that person or is or was at any time employed by that person, to provide an explanation of the document; or
(b)
if the document is not produced, to require the person to state, to the best of that person’s knowledge and belief, where it is.[34/2007]
(7) A person who —(a)
fails to comply with any requirement specified in any order under subsection (1);
(b)
intentionally alters, suppresses or destroys any document which the person has been required under subsection (1) to provide or transmit; or
(c)
in providing any information required of the person under subsection (1), makes any statement which the person knows to be false in a material particular, or recklessly makes any statement which is false in a material particular,
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 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $50 for every day or part of a day during which the offence continues after conviction.
(8) If a person is charged with an offence under subsection (7) in respect of a requirement to produce any document or information under subsection (1), it is a defence for the person to prove that —(a)
the document was not in the person’s possession or under the person’s control;
(b)
it was not reasonably practicable for the person to comply with the requirement; or
(c)
the person had a reasonable excuse for failing to provide the information required.[34/2007]
(9) No person is by virtue of this section obliged to disclose any particulars as to which the person is under any statutory obligation to observe secrecy.
(10) In this section, “document” includes any electronic record within the meaning of the Electronic Transactions Act 2010.[34/2007]
Power to examine, etc.
Open ↗46A.—(1) An officer of the Postal Authority who is authorised by the Postal Authority for the purpose of this section (called in this section the authorised officer) may, for the purposes of investigating an offence under this Act or any regulations made under this Act, do all or any of the following:(a)
require any person whom the authorised officer reasonably believes to have committed that offence to provide evidence of that person’s identity;
(b)
require, by written notice, any person within the limits of Singapore, who appears to be acquainted with the facts or circumstances of the matter to attend before the authorised officer;
(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; or
(ii)
whether or not that person is to be called as a witness in any inquiry, trial or other proceeding in connection with the matter.[22/2016]
(2) A person examined under subsection (1)(c) is bound to state truly what the person knows of the facts and circumstances of the matter, except that the person need not say anything that might expose the person to a criminal charge or punishment.[22/2016]
(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.[22/2016]
(4) A person who —(a)
without reasonable excuse, fails to provide the information required of that person under subsection (1)(a);
(b)
without reasonable excuse, fails to comply with a notice issued to that person under subsection (1)(b); or
(c)
provides any information or makes any statement under this section which the person knows to be false or misleading in any material particular,
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 12 months or to both.
[22/2016]
Powers of arrest and search in respect of arrestable offences
Open ↗47.—(1) Any officer of the Postal Authority deputed by the Postal Authority to act under this section or any police officer may arrest without warrant —(a)
any person found committing or attempting to commit or employing or aiding any person to commit an arrestable offence under this Act; or
(b)
any person against whom a reasonable suspicion exists that the person has been guilty of an arrestable offence under this Act,
and may search any person so arrested, except that no female is to be searched except by a female.
[10/2021]
(2) Every person so arrested must, together with any article as to which an offence may have been committed or attempted to be committed, be taken to a police station.[34/2007]
(3) For the purposes of this section, offences punishable under sections 28, 31, 34(1) and (4), 35, 36, 37, 38, 39, 39B, 39E, 39H(1), 39I(1) and 39J(1) are deemed to be arrestable offences within the meaning of the Criminal Procedure Code 2010.[10/2021]
Powers of search and arrest in respect of offences under section 33
Open ↗48.—(1) Whenever it appears to any police officer or any officer of the Postal Authority authorised to act for it under this section that an offence under section 33 is being committed or is about to be committed or attempted or whenever it appears that any article is concealed or deposited or contained in or on any vessel, aircraft or vehicle or premises in contravention of those sections, the police officer or the officer of the Postal Authority may, if he or she has reasonable grounds for believing that by reason of the delay in obtaining a search warrant the article is likely to be removed —(a)
stop and examine the vessel, aircraft or vehicle or enter the premises and there search for and take possession of any article and of any book or document which is reasonably believed to have a bearing on the case; and
(b)
arrest any person being in the vessel, aircraft or vehicle or premises in whose possession the article may be found or whom the police officer or the officer of the Postal Authority may reasonably suspect to have concealed or deposited the article and may search any person so arrested, except that no female is to be searched except by a female.
(2) Every person so arrested must, together with any such article, be taken to a police station.
(3) In this section, “document” has the meaning given by section 46(10).[34/2007]
Powers of search and arrest in respect of offences under section 39G
Open ↗48A.—(1) This section applies where it appears to any police officer or any officer of the Postal Authority authorised to act for the Postal Authority under this section (called in this section the authorised officer) that —(a)
an offence under section 39G is being committed or is about to be committed or attempted; or
(b)
any parcel is concealed, deposited or contained in or on any specified premises in contravention of section 39G.[10/2021]
(2) The police officer or the authorised officer may, if the police officer or the authorised officer has reasonable grounds for believing that by reason of the delay in obtaining a search warrant the parcel is likely to be removed —(a)
enter and search the specified premises;
(b)
take possession of any parcel or other article or thing, or take copies of or extracts from any book or document, which is reasonably believed to have a bearing on the case; and
(c)
arrest any person in the specified premises in whose possession the parcel, article or thing may be found or whom the police officer or the authorised officer reasonably suspects to have concealed or deposited the parcel, article or thing and may search any person so arrested, except that a woman must not be searched except by another woman.[10/2021]
(3) Every person arrested under subsection (2)(c), and every article seized under subsection (2)(b), must be taken to a police station.[10/2021]
(4) In this section —“document” has the meaning given by section 46(10);
“specified premises” has the meaning given by section 23A.[10/2021]
Powers of inspection, search, seizure, etc., in relation to public parcel lockers
Open ↗48B.—(1) This section applies where there are reasonable grounds to believe that any parcel or other article or thing is or has been placed in a public parcel locker and —(a)
the parcel, article or thing is the subject matter of, or is connected with the commission of, an offence under this Act or any regulations made under this Act; or
(b)
the continued presence of the parcel, article or thing in the public parcel locker is contrary to public security or public health.[10/2021]
(2) A police officer or an officer of the Postal Authority authorised to act for the Postal Authority under this section may —(a)
open and search any public parcel locker in which a parcel, an article or a thing mentioned in subsection (1) is believed to be placed; and
(b)
inspect, examine and seize any parcel, article or thing found in the public parcel locker mentioned in paragraph (a).[10/2021]
Disposal of letters or parcels seized in relation to offences under section 33 or 39G
Open ↗48C.—(1) Where any letter connected with an offence under section 33 is seized under section 48 or any other written law, the Postal Authority may take any action as it deems appropriate to deliver the letter to its intended addressee or return the letter to its sender.[10/2021]
(2) Where any parcel connected with an offence under section 39G is seized under section 48A or any other written law, the Postal Authority may take any action as it deems appropriate to deliver the parcel to its intended recipient or return the parcel to the person who sent the parcel.[10/2021]
(3) Subsection (1) or (2) applies whether upon the conclusion of the Postal Authority’s investigation into the offence or otherwise.[10/2021]
Disposal of articles, documents, letters, parcels, etc.
Open ↗48D.—(1) Subject to sections 23(3) and (5), 23R(4) and 48C, an article, a document, a letter, a parcel or a thing produced, detained or seized under this Act must —(a)
where the article, document, letter, parcel or thing is produced in any criminal trial — be dealt with in accordance with section 364(1) of the Criminal Procedure Code 2010;
(b)
in the case of a letter or parcel that is not produced in a criminal trial — be delivered to its intended addressee or recipient or returned to its sender or reported to a Magistrate’s Court; or
(c)
in any other case — be returned to its owner or reported to a Magistrate’s Court.[10/2021]
(2) Where the report of any article, document, letter, parcel or thing is made to a Magistrate’s Court under subsection (1)(b) or (c), the Magistrate’s Court may order the article, document, letter, parcel or thing, as the case may be —(a)
to be forfeited; or
(b)
to be disposed of in any manner that the Magistrate’s Court thinks fit.[10/2021]
(3) This section does not affect any right to retain or dispose of property which may exist in law apart from this section.[10/2021]
Obstruction of police officer or officer of Postal Authority
Open ↗49. Any person who intentionally obstructs a police officer or any officer of the Postal Authority authorised to act for the Postal Authority in the execution of his or her duty under section 48 shall be guilty of an offence.
No costs or damages or other relief arising from seizure to be recoverable unless seizure without reasonable or probable cause
Open ↗50.—(1) No person is, in any proceedings before any court in respect of any equipment, article, book or document seized in the exercise or the purported exercise of any power conferred under this Act, entitled to the costs of the proceedings or to any damages or other relief other than an order for the return of the equipment, article, book or document or the payment of their value unless the seizure was made without reasonable or probable cause.[34/2007]
(2) In this section, “document” has the meaning given by section 46(10).[34/2007]
Composition of offences
Open ↗51.—(1) An officer or employee of the Postal Authority specially authorised by name in that behalf by the Postal Authority 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)
$5,000;
(b)
one half the maximum fine prescribed for that offence.[34/2007]
(2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.[34/2007]
(3) The Postal Authority may, with the approval of the Minister, make regulations prescribing the offences that may be compounded.
General penalties
Open ↗52. Any person guilty of an offence under this Act or any regulations made under this Act for which no penalty is expressly provided shall, in addition to the forfeiture of any article seized, be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 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.[34/2007]
Saving of prosecutions under other written laws
Open ↗53.—(1) Nothing in this Act prevents any person from being prosecuted under any other written law for any act or omission which constitutes an offence under this Act or any regulations made under this Act, or from being liable under that other written law to any punishment or penalty higher or other than that provided by this Act or the regulations.
(2) A person must not be punished twice for the same offence.
Jurisdiction of Courts
Open ↗54. A Magistrate’s Court or a District Court has jurisdiction to hear and determine all offences under this Act and, despite anything to the contrary in the Criminal Procedure Code 2010, has power to impose the full penalty or punishment in respect of any offence under this Act.
Offences by corporations
Open ↗55.—(1) Where, in a proceeding for an offence under this Act or any regulations made 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 the actual or apparent authority of the officer, employee or agent; and
(b)
the officer, employee or agent had that state of mind,
is evidence that the corporation had that state of mind.
[10/2021]
(2) Where a corporation commits an offence under this Act or any regulations made 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.
[10/2021]
(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.[10/2021]
(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.[10/2021]
(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.[10/2021]
(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.[10/2021]
(7) This section does not apply to or in relation to an offence under this Act or any regulations made under this Act committed by a corporation before 14 May 2021.[10/2021]
Offences by unincorporated associations or partnerships
Open ↗55A.—(1) Where, in a proceeding for an offence under this Act or any regulations made 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 partnership engaged in that conduct within the scope of the actual or apparent authority of the employee or agent; and
(b)
the employee or agent had that state of mind,
is evidence that the unincorporated association or partnership had that state of mind.
[10/2021]
(2) Where an unincorporated association or a partnership commits an offence under this Act or any regulations made 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 partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) 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 partnership; or
(iii)
knew or ought reasonably to have known that the offence by the unincorporated association or 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 the unincorporated association or partnership (as the case may be) and shall be liable on conviction to be punished accordingly.
[10/2021]
(3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or 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 that the unincorporated association or partnership would bear.[10/2021]
(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.[10/2021]
(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 the unincorporated association or partnership is convicted of the offence.[10/2021]
(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.[10/2021]
(7) This section does not apply to or in relation to an offence under this Act or any regulations made under this Act committed by an unincorporated association or a partnership before 14 May 2021.[10/2021]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
