§ 23 — Power to obtain documents and information

23.—(1) Subject to Part 6, an authorised officer or enforcement officer may, in relation to any offence under this Act, by written notice require any person whom the officer has reason to believe to be acquainted with any facts or circumstances relevant to the reasonably suspected commission of the offence, to do any of the following within a reasonable period specified in the notice:(a)

to provide, in a form and manner that may be specified in the notice, all documents and information that —(i)

are within the knowledge of the person; or

(ii)

are in the custody or under the control of the person;

(b)

to attend before an authorised officer within the limits of Singapore to answer questions or provide documents or information or both.

(2) The power to require a person to provide any document or information under subsection (1) includes the power —(a)

to require that person to provide an explanation of the document or information;

(b)

if the document or information is not provided, to require that person to state, to the best of the person’s knowledge and belief, where it is; and

(c)

if the information is recorded otherwise than in legible form, to require the information to be made available to the authorised officer or enforcement officer in legible form.

(3) Any statement made by any individual in answer to a question under subsection (1)(b) must —(a)

be reduced to writing;

(b)

be read over to the individual;

(c)

if the individual does not understand English, be interpreted in a language that the individual understands; and

(d)

after correction (if necessary), be signed by that individual.

(4) The Authority is entitled without payment to keep any document or information, or any copy or extract thereof, provided to an authorised officer or enforcement officer under subsection (1).

(5) A person —(a)

who intentionally alters, suppresses or destroys any document or information which the person has been required by an authorised officer or enforcement officer under subsection (1) to provide; or

(b)

who, in providing any document or information required by an authorised officer or enforcement officer under subsection (1), makes any statement which the person —(i)

knows or ought reasonably to know that; or

(ii)

is reckless as to whether,

it is false or misleading,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(6) Subsection (5) does not apply if the document or information is not false or misleading in a material particular, or if the document or information does not omit any matter or thing without which the document or information (as the case may be) is misleading in a material particular.

(7) A person who, without reasonable excuse, fails to do anything required of the person by an authorised officer or enforcement officer under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

(8) However, in any proceedings for an offence under subsection (7), it is a defence for the accused to prove, on a balance of probabilities, that —(a)

the person does not possess the document or information required; and

(b)

the person has taken all reasonable steps available to the person to obtain the document or information required and has been unable to obtain it.

(9) To avoid doubt, for the purposes of subsection (7), it is a reasonable excuse for a person to refuse or fail to provide any information, produce any document or answer any question if doing so might tend to incriminate that person.

—(1) Subject to Part 6, an authorised officer or enforcement officer may, in relation to any offence under this Act, by written notice require any person whom the officer has reason to believe to be acquainted with any facts or circumstances relevant to the reasonably suspected commission of the offence, to do any of the following within a reasonable period specified in the notice:(a)

to provide, in a form and manner that may be specified in the notice, all documents and information that —(i)

are within the knowledge of the person; or

(ii)

are in the custody or under the control of the person;

(b)

to attend before an authorised officer within the limits of Singapore to answer questions or provide documents or information or both.

(2) The power to require a person to provide any document or information under subsection (1) includes the power —(a)

to require that person to provide an explanation of the document or information;

(b)

if the document or information is not provided, to require that person to state, to the best of the person’s knowledge and belief, where it is; and

(c)

if the information is recorded otherwise than in legible form, to require the information to be made available to the authorised officer or enforcement officer in legible form.

(3) Any statement made by any individual in answer to a question under subsection (1)(b) must —(a)

be reduced to writing;

(b)

be read over to the individual;

(c)

if the individual does not understand English, be interpreted in a language that the individual understands; and

(d)

after correction (if necessary), be signed by that individual.

(4) The Authority is entitled without payment to keep any document or information, or any copy or extract thereof, provided to an authorised officer or enforcement officer under subsection (1).

(5) A person —(a)

who intentionally alters, suppresses or destroys any document or information which the person has been required by an authorised officer or enforcement officer under subsection (1) to provide; or

(b)

who, in providing any document or information required by an authorised officer or enforcement officer under subsection (1), makes any statement which the person —(i)

knows or ought reasonably to know that; or

(ii)

is reckless as to whether,

it is false or misleading,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(6) Subsection (5) does not apply if the document or information is not false or misleading in a material particular, or if the document or information does not omit any matter or thing without which the document or information (as the case may be) is misleading in a material particular.

(7) A person who, without reasonable excuse, fails to do anything required of the person by an authorised officer or enforcement officer under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

(8) However, in any proceedings for an offence under subsection (7), it is a defence for the accused to prove, on a balance of probabilities, that —(a)

the person does not possess the document or information required; and

(b)

the person has taken all reasonable steps available to the person to obtain the document or information required and has been unable to obtain it.

(9) To avoid doubt, for the purposes of subsection (7), it is a reasonable excuse for a person to refuse or fail to provide any information, produce any document or answer any question if doing so might tend to incriminate that person.