Singapore legislation

Section 34

of Films Act 1981

Section 34

Powers for enforcement purposes

Amended by25/201825/201825/201825/201825/201825/201825/201825/201825/201825/201825/201825/2018

(1)

This section provides for the enforcement powers that an enforcement officer may exercise for either or both of the following purposes:

(a)

determining whether the following are being complied with:

(i)

the provisions of this Act and its subsidiary legislation;

(ii)

any conditions imposed on a licence or classification certificate;

(b)

determining whether information furnished to the Authority under a provision of this Act or its subsidiary legislation is correct.

Amended by25/2018

(2)

However, an enforcement officer is not authorised by this section —

(a)

to enter a place for a purpose in subsection (1) unless —

(i)

the occupier of the place consents to the entry; or

(ii)

the entry is made under a warrant of a court;

(b)

to search a place for a purpose in subsection (1) unless the search is made under a warrant of a court; or

(c)

to seize any thing in or on any place for a purpose in subsection (1) unless the seizure is made under a warrant of a court.

Amended by25/2018

(3)

Subject to subsection (2), the following are the enforcement powers that an enforcement officer may exercise in relation to a place for a purpose in subsection (1):

(a)

to enter any place;

(b)

to search the place and any thing in or on the place;

(c)

to examine or observe any activity conducted in or on the place;

(d)

to inspect and examine any thing in or on the place;

(e)

to make any still or moving image or any recording of the place or any thing in or on the place;

(f)

to inspect any document in the place and to take extracts from, or make copies of, any such document;

(g)

to take into or onto the place such equipment and materials as the enforcement officer requires for the purpose of exercising powers in relation to the place;

(h)

to operate electronic equipment in or on the place;

(i)

to secure a thing for a period not exceeding 24 hours if the thing is found in or on the place during the exercise of enforcement powers and the enforcement officer believes on reasonable grounds that —

(i)

the thing is evidential material, or is intended to be used for the purpose of contravening any conditions imposed on a licence or classification certificate; and

(ii)

it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained;

(j)

to seize any thing that is found in or on the place during the exercise of enforcement powers that the enforcement officer reasonably suspects is evidential material;

(k)

to require any individual found in or on the place to answer any question (to the best of that individual’s knowledge, information and belief) and to furnish any document or information.

Amended by25/2018

(4)

In addition, an enforcement officer may, for a purpose in subsection (1), require any person in Singapore whom the enforcement officer has reason to believe to be acquainted with any facts or circumstances relevant to that purpose to attend before the enforcement officer to answer any question (to the best of that person’s knowledge, information and belief) and to furnish any document or information.

Amended by25/2018

(5)

The power under subsection (3)(h) to operate electronic equipment in or on any place includes the power —

(a)

to use a disk, tape or other storage device that is in or on the place and can be used with the equipment or in association with the equipment;

(b)

to operate electronic equipment in or on the place to put the relevant data in documentary form and remove the documents so produced from the place; and

(c)

to operate electronic equipment in or on the place to transfer the relevant data to a disk, tape or other storage device that —

(i)

is brought to the place for the exercise of the power; or

(ii)

is in or on the place and the use of which for that purpose has been agreed in writing by the occupier of the place,and to remove the disk, tape or other storage device from that place.

Amended by25/2018

(6)

The power under subsection (3)(i) to secure any thing which is found during the exercise of enforcement powers in or on any place includes the power —

(a)

to secure the thing by locking it up, placing a guard or any other means; or

(b)

to prohibit any person from dealing with the thing.

Amended by25/2018

(7)

The power under subsection (3)(j) to seize any thing under warrant includes the power to seize any thing which is similarly so found that is not evidential material of the kind specified in the warrant if —

(a)

in the course of searching for the kind of evidential material specified in the warrant, the enforcement officer finds the thing; and

(b)

the thing is evidential material for another offence under this Act or its subsidiary legislation.

Amended by25/2018

(8)

Sections 370, 371 and 372 of the Criminal Procedure Code 2010 apply, with the necessary modifications, when an enforcement officer seizes any thing under subsection (3)(j).

Amended by25/2018

(9)

However, an individual or person is not subject to a requirement under subsection (3)(k) or (4) if —

(a)

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

(b)

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

Amended by25/2018

(10)

Any statement made by any individual in answer to a question under subsection (3)(k) or (4) 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.

Amended by25/2018

(11)

An enforcement officer may be assisted by other individuals in exercising enforcement powers under this section or section 34A if that assistance is necessary and reasonable.

Amended by25/2018

(12)

The references in this section to documents or information include a reference to any film (whether classified or not) and any advertisement for a film.

Amended by25/2018