s 44 Powers to inspect premises, etc., for Part 3A, 3B or 4 matters
44.—(1) An authorised officer may exercise all or any of the powers in this section for the purpose of —(a) ascertaining whether the provisions of Part 3A, 3B or 4 are being complied with or have been contravened; or[Act 5 of 2026 wef 04/05/2026] (b) investigating any offence under Part 3A, 3B or 4.[38/2018] [Act 5 of 2026 wef 04/05/2026] (2) An authorised officer may, at any reasonable time, do any of the following, without involving any search of any property or individual:(a) enter and inspect any premises that the officer believes on reasonable grounds are used for the carrying on of a business or a trade (even if also used as a residence) of selling, or offering or exposing for sale, by retail any bicycle, PAB, personal mobility device or mobility vehicle, or used for altering any bicycle, PAB, personal mobility device or mobility vehicle, and any vehicle at those premises;[Act 5 of 2026 wef 04/05/2026] (b) photograph or film, or make a record or sketches of, any part of the premises, or any vehicle or parts of a vehicle or accessories or other thing at the premises; (c) require any person on those premises to produce or grant access to, without charge, any document or material reasonably required for any purpose in subsection (1), which is in the possession or under the control of that person; (d) inspect and make copies of or take extracts from any such document or material; (e) take possession of such a document or material if, in the opinion of the authorised officer —(i) the inspection or copying of or extraction from the document or material cannot reasonably be performed without taking possession; (ii) the document or material may be interfered with or destroyed unless possession is taken; or (iii) the document or material may be required as evidence in any proceedings instituted or commenced for any of the purposes of, or in connection with, Part 3A, 3B or 4.[38/2018; 9/2020] [Act 5 of 2026 wef 04/05/2026] (3) The power to require a person to furnish any document or material under subsection (2)(c) includes the power —(a) to require the person, or any person who is or was an officer or employee of that person, to provide an explanation of the document or material; (b) if the document or material is not furnished, to require the person to state, to the best of the person’s knowledge and belief, where it is; and (c) if the document or material is recorded otherwise than in legible form, to require the document or material to be made available to the authorised officer in legible form. (4) For the purposes of subsection (2), if any document or material required by an authorised officer is kept in electronic form —(a) the power of the authorised officer to inspect the document or material includes the power to —(i) access any computer or other equipment (including a mobile telephone) in which the document or material is stored; and (ii) require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to provide assistance in gaining such access; and (b) the power of the authorised officer to seize such document or material includes the power —(i) to make copies of the document or material in legible or electronic form; and (ii) to transfer the information from the document or material to a disk, tape or other storage device. (5) If an authorised officer is unable to make copies of the document or material, or transfer the information from the document or material, under subsection (4)(b), the authorised officer may —(a) seize the computer or other equipment (including a mobile telephone) in which the document or material is stored, as evidence in proceedings for an offence under Part 3A, 3B or 4; and[Act 5 of 2026 wef 04/05/2026] (b) require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to disclose any password or access code for gaining access to the document or material held in the computer or equipment.[38/2018] (6) To avoid doubt, in this section, a reference to an offence under Part 3A, 3B or 4 includes a reference to an offence under any regulations made for the purposes of Part 3A, 3B or 4.[38/2018] [Act 5 of 2026 wef 04/05/2026]