Singapore legislation
Section 26
Section 26
Power to enter premises and inspect and seize advertisements, products, vending machines and documents
(1)
The Chief Executive or an authorised officer may, for an enforcement purpose, do all or any of the following:
inspect at all reasonable hours any advertisement, tobacco product or imitation tobacco product, vending machine, document, material, article or equipment;
at any time and without warrant enter and search any premises that the Chief Executive or authorised officer reasonably suspects are being used for or in connection with the commission of an offence under this Act;
at any time and without warrant stop, board and search any conveyance that the Chief Executive or authorised officer reasonably suspects is being used for or in connection with the commission of an offence under this Act; (d)require any person carrying on a trade or business or employed in connection with a trade or business to produce, at a reasonable hour, any book, document or material relating to the trade or business and may take copies of, or of any entry in, any such book, document or material;
seize any advertisement, tobacco product or imitation tobacco product, vending machine, document, material or article —
for the purpose of ascertaining, by testing or otherwise, whether an offence under this Act has been committed; or
which the Chief Executive or authorised officer has reason to believe may be required as evidence in proceedings for the offence;
for the purposes of paragraph (e), require any person having authority to do so to break open any container or open any vending machine and, if that person does not comply with the requirement, the Chief Executive or authorised officer may do so himself or herself.
(2)
The Chief Executive or an authorised officer may, if he or she has reasonable cause to believe that an offence under section 3(1) has been committed in respect of an unauthorised advertisement —
require the person reasonably suspected of committing the offence to remove the advertisement from the view of members of the public; and
if the person fails to do so, cause the advertisement to be so removed.
(3)
The person mentioned in subsection (2) is liable to pay to the Chief Executive the reasonable costs of removal and disposal of the advertisement which may be recovered as a debt due to the Government.
(4)
In the exercise of his or her powers under this section, the Chief Executive or an authorised officer must —
on seizing any advertisement, tobacco product or imitation tobacco product, vending machine, document, material or article, inform the person from whom it was seized of the seizure; and
in the case of tobacco products seized from a vending machine, inform the person whose name and address are stated on the machine as being the proprietor or, if no name and address are so stated, the occupier of the premises on which the machine stands or to which it is affixed.
(5)
The Chief Executive or an authorised officer entering any premises by virtue of this section may take with him or her such other persons and such equipment as may appear to him or her necessary.
(6)
For the purposes of subsection (1), if any document or material required by the Chief Executive or an authorised officer is kept in electronic form —
the power of the Chief Executive or authorised officer to inspect the document or material includes the power to —
access any computer or other equipment (including a mobile telephone) in which the document or material is stored; and
require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to provide assistance in gaining such access;
the power of the Chief Executive or authorised officer to require the document or material to be produced includes the power to require a copy of the document or material to be produced in legible form; and
the power of the Chief Executive or authorised officer to seize the document or material includes the power to make copies of the document or material in legible or electronic form, or to transfer the information from the document or material to a disk, tape or other storage device.
(7)
If the Chief Executive or authorised officer is unable to make copies of the document or material, or transfer the information from the document or material, under subsection (6)(c), the Chief Executive or authorised officer may —
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 this Act; and
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.
(8)
In subsection (1), “enforcement purpose” means —
ensuring that the provisions of this Act and the conditions imposed on any licence are complied with; or
investigating any offence under this Act.