Interpretation of this Part
Open ↗19.—(1) A reference in this Part to a compliance purpose is a reference to the purpose of —(a)
determining whether the provisions of this Act have been or are being complied with;
(b)
determining whether the conditions and limitations applicable to a licence have been or are being complied with by the licensee; or
(c)
ensuring the proper functioning at any premises of any device, apparatus or equipment installed in the course of an inspection.
(2) A reference in this Part to an inspection power is a reference to a power to —(a)
search or examine any premises;
(b)
inspect or examine any matter or thing (including examining and calibrating any irradiating apparatus, instrument or measuring and control equipment);
(c)
take samples of any matter or thing for the purpose of examination or testing;
(d)
measure any quantity of nuclear material;
(e)
examine, take extracts from, or make copies of, any document (including any record kept in accordance with the requirements of this Act or the conditions of a licence);
(f)
interview any person on the premises (including making recordings of such interviews);
(g)
operate any equipment (including electronic equipment) located at the premises if the person exercising the power believes, on reasonable grounds, that the equipment can be operated without damaging it;
(h)
operate any photographic or video-recording equipment anywhere in or around the premises;
(i)
operate any radiation detection or measurement device;
(j)
apply any surveillance or containment measures; or
(k)
do anything that is prescribed or that is necessary or expedient for the carrying out of any of the acts mentioned in paragraphs (a) to (j), including —(i)
restricting or prohibiting the access of persons and vehicles to or from the premises; and
(ii)
applying labels, seals or other identifying and tamper-indicating devices.
(3) A power under subsection (2)(a), (b), (c), (d), (g), (h), (i), (j) or (k) may only be exercised in a manner that the person authorised to exercise it believes, on reasonable grounds, to be in accordance with safety procedures applicable at the premises.[18
National inspectors and inspection
Open ↗20.—(1) All authorised officers are national inspectors for the purposes of this Act.
(2) The Director‑General may, in writing, appoint any other person to be a national inspector.
(3) A national inspector may —(a)
with the consent of the person who owns, or who is in control of, any premises; or
(b)
under a warrant issued under section 25 or 26 in respect of any premises,
enter the premises and exercise, on or in the premises, any inspection power for a compliance purpose.
[19
IAEA inspectors and inspection
Open ↗21. An IAEA inspector may —(a)
with the consent of the person who owns, or who is in control of, any premises; or
(b)
under a warrant issued under section 26 in respect of any premises,
enter and inspect the premises pursuant to the Safeguards Agreement and exercise, in connection with the inspection, any function contemplated, and power provided for, in the Safeguards Agreement.
[20
Persons who may accompany IAEA inspectors
Open ↗22.—(1) In order to facilitate an inspection under section 21, an IAEA inspector may be accompanied by a national inspector.
(2) A national inspector may exercise any inspection power for the purpose of facilitating an inspection under section 21.[21
Written directions
Open ↗23.—(1) The Director‑General may, by written notice, issue directions to any person for the purpose of facilitating any inspection under this Part.
(2) Any person who, without reasonable excuse, contravenes any direction given by the Director‑General under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both.[22
Identification certificates
Open ↗24. The Director‑General must issue to every IAEA inspector and national inspector a certificate identifying him or her as such IAEA inspector or national inspector, as the case may be.[23
Warrant for national inspection
Open ↗25.—(1) A national inspector may apply for a warrant if the consent of the person who owns, or who is in control of, any premises to enter the premises to exercise any inspection power for a compliance purpose cannot be obtained, or if the person refuses to give such consent.
(2) Subject to subsection (3), a Magistrate who is satisfied that there are reasonable grounds for believing that —(a)
entry to the premises is necessary to exercise any inspection power for a compliance purpose; and
(b)
the consent of the person who owns, or who is in control of, the premises cannot be obtained or such consent is refused,
may, unconditionally or subject to conditions, issue a warrant authorising the national inspector to enter the premises for the purpose of exercising any inspection power for a compliance purpose, at such time as may be specified in the warrant and within 14 days of the issue of such warrant or within such longer period as may be specified in the warrant.
(3) The national inspector must —(a)
before applying for a warrant, make reasonable inquiries as to whether any other application for such a warrant has been made in respect of the premises concerned and, if so, the following matters:(i)
the offence or offences (if any) alleged in respect of each application; and
(ii)
the results of each application; and
(b)
disclose on the application for the warrant the results of the inquiries.[24
Warrant for IAEA inspection
Open ↗26.—(1) The Director‑General may apply for a warrant on behalf of an IAEA inspector or a national inspector if the consent of the person who owns, or who is in control of, any premises to enter the premises for the purposes mentioned in section 21 cannot be obtained, or if the person refuses to give such consent.
(2) Subject to subsection (3), a Magistrate who is satisfied that there are reasonable grounds for believing that —(a)
entry to the premises is necessary for the purposes mentioned in section 21; and
(b)
the consent of the person who owns, or who is in control of, the premises cannot be obtained or such consent is refused,
may, unconditionally or subject to conditions, issue a warrant authorising the IAEA inspector or the national inspector to enter the premises for the purposes mentioned in section 21, at such time as may be specified in the warrant and within 14 days of the issue of such warrant or within such longer period as may be specified in the warrant.
(3) The Director‑General must —(a)
before applying for a warrant, make reasonable inquiries as to whether any other application for such a warrant has been made in respect of the premises concerned and, if so, the following matters:(i)
the offence or offences (if any) alleged in respect of each application; and
(ii)
the results of each application; and
(b)
disclose on the application for the warrant the results of the inquiries.[25
Obligations of persons carrying out inspections
Open ↗27.—(1) Every national inspector must —(a)
carry his or her identification certificate issued by the Director‑General under section 24; and
(b)
produce his or her identification certificate to any person appearing to own, or be in control of, the premises entered —(i)
on entering the premises (if such a person is then present); or
(ii)
at any reasonable time after entering the premises, if asked to do so by the person.
(2) Every national inspector must —(a)
if, at any time between the time of entry of any premises to be inspected and the time the inspection is completed, there is no person appearing to own, or be in control of, the premises, as soon as is practicable after completing the inspection give the owner, occupier or person in control of the premises a written notice stating that the premises have been entered, and specifying the following matters:(i)
the time and date of entry;
(ii)
the circumstances and purpose of entry; and
(iii)
the name of every person entering;
(b)
where applicable, have a warrant with him or her and produce it if required to do so; and
(c)
where any matter, thing or document is taken, give the owner, occupier or person in control of the premises a written inventory thereof.[26
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
