Singapore legislation

Section 34A

of Films Act 1981

Section 34A

Special enforcement powers

Amended by25/201825/201825/201825/2018

(1)

Despite section 34, a police officer or an enforcement officer may, without warrant, exercise the enforcement powers in that section and special enforcement powers under this section, in relation to a place where the police officer or enforcement officer —

(a)

suspects on reasonable grounds that any of the following offences has been or is being committed in or on that place:

(i)

an offence under section 6(2) for contravening section 6(1)(c);

(ii)

an offence under section 21(1), 29(1), (2), (3) or (4), 30(1) or (2), 31(1) or (2), 32(1), 33 or 35(2); or

(b)

has reasonable cause to believe that —

(i)

evidence of the commission of an offence mentioned in paragraph (a)(i) or (ii) can be found in or on that place; and

(ii)

it is necessary to secure the evidence in order to prevent it from being concealed, lost or destroyed.

Amended by25/2018

(2)

The following are the special enforcement powers that a police officer or an enforcement officer may exercise in relation to a place under subsection (1):

(a)

to enter the place, using such force as is reasonably necessary to obtain entry to the place, and to search the place;

(b)

to detain any individual found in or on the place until the search of the place is complete;

(c)

to seize any film, advertisement for a film, document, or equipment that is used in the commission of any offence specified in subsection (1)(a) and found in or on the place, and that the officer reasonably suspects is evidential material.

Amended by25/2018

(3)

Any person claiming any thing seized under this section or section 34 may, within 48 hours after the seizure, complain about it to a Magistrate, who may determine the matter as follows:

(a)

by confirming or disallowing the seizure in whole or part;

(b)

by ordering that the thing seized be restored to its owner, subject to such condition which the Magistrate may think fit to impose to ensure that the seized thing is preserved for any purpose for which it may subsequently be required;

(c)

by ordering payment to be made to the owner of the thing seized of an amount that the Magistrate considers will compensate the owner for any loss or depreciation resulting from the seizure.

Amended by25/2018

(4)

Subject to subsection (3), sections 370, 371 and 372 of the Criminal Procedure Code 2010 apply, with the necessary modifications, when a police officer or an enforcement officer seizes any thing under this section or section 34.

Amended by25/2018