Entering non-residential premises, etc., to monitor compliance
Open ↗37. For the purposes of administering or enforcing this Act or determining whether this Act has been complied with, an authorised officer may, upon declaring his or her office and producing to an occupier of any premises (other than any residential premises) such identification card as the Agency may direct to be carried by authorised officers, do all or any of the following:(a)
enter the premises —(i)
during normal business hours without notice; or
(ii)
at any other time after giving not less than 6 hours’ previous notice to the occupier of the premises (unless the occupier has consented to a shorter period of notice);
(b)
exercise any of the powers set out in sections 38, 39 and 40.
Powers of authorised officers in monitoring compliance
Open ↗38.—(1) An authorised officer may exercise all or any of the following powers in relation to premises under section 37:(a)
search the premises for any thing that may relate to compliance with this Act;
(b)
examine any activity conducted on the premises that may relate to information provided for the purposes of this Act;
(c)
examine any thing on the premises that may relate to information provided for the purposes of this Act;
(d)
take photographs or make video or audio recordings or sketches on the premises of any such activity or thing;
(e)
affix or bring onto the premises, with such assistants and workmen as may be necessary, any meter or instrument and take readings from the meter or instrument, or take readings from any meter or instrument on the premises;
(f)
inspect any document on the premises that may relate to information provided for the purposes of this Act;
(g)
take extracts from, or make copies of, any such document;
(h)
take onto the premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises;
(i)
seize any thing found during the exercise of monitoring powers on the premises which the authorised officer believes on reasonable grounds affords evidence of a contravention of this Act.
(2) An authorised officer may, in addition to the powers in subsection (1) —(a)
compel any person who is able to operate any equipment at the premises to do so for the purpose of enabling the authorised officer to ascertain whether the equipment, or a disk, tape or other storage device that can be used or associated with the equipment, contains information that is relevant to assessing compliance with this Act; and
(b)
if such information is found in exercise of the power in paragraph (a) —(i)
produce, or compel the production of, the information in documentary form, and keep or copy the documents so produced; or
(ii)
transfer, or compel the transfer of, the information to a disk, tape or other storage device, and remove it from the premises.
Authorised officer may require persons to provide information and produce documents
Open ↗39.—(1) For the purposes of administering or enforcing this Act or determining whether this Act has been complied with, an authorised officer may (in connection with section 38 or otherwise) —(a)
require any person to provide the authorised officer any information within the knowledge of that person; and
(b)
require any person to produce to the authorised officer any document in the person’s custody or under the person’s control in connection with the matter.
(2) The authorised officer may —(a)
specify a time and place at which a person must provide the information or produce the document under subsection (1); and
(b)
without payment —(i)
inspect, keep, copy or take extracts from a document produced or made available to the authorised officer under this section; and
(ii)
in relation to a document kept in electronic form, inspect, copy or take extracts from the document in legible form.
(3) Where a document is kept in electronic form, the power of the authorised officer to require the document to be produced includes the power to require the document to be made available to the authorised officer in legible form.
(4) A person who, without reasonable excuse, refuses or fails to comply with a requirement under subsection (1) shall be guilty of an offence and shall be liable —(a)
on the first conviction to a fine not exceeding $5,000; and
(b)
on a second or subsequent conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months 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.
Power to demand names and addresses
Open ↗40.—(1) An authorised officer may require any person found on the premises under section 37 to —(a)
give the person’s name and address and such other proof of identity; and
(b)
provide such other particulars,
as the authorised officer may require for the purposes of this Act.
(2) A person commits an offence if the person, upon being required by the authorised officer to give his or her name and address or other proof of identity or to provide any particulars under subsection (1) —(a)
refuses to do so;
(b)
wilfully misstates his or her name and address or proof of identity; or
(c)
provides false particulars.
(3) A person who is guilty of an offence under subsection (2) shall be liable on conviction to a fine not exceeding $5,000.
Penalty for obstructing authorised officer in his or her duty
Open ↗41. A person who at any time hinders or obstructs an authorised officer in the performance or execution of his or her duty or of any thing which the authorised officer is empowered or required to do under this Act shall be guilty of an offence and shall be liable on conviction —(a)
to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both; and
(b)
in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
