Singapore legislation
Section 32
of Hazardous Waste (Control of Export, Import and Transit) Act 1997
Section 32
General powers of Director‑General on entering or boarding searchable places
(1)
The Director‑General or an authorised officer may, on entering or boarding a searchable place, exercise the following powers under section 31(1)(b):
to search any part of the place;
to inspect, examine, take measurements of, or conduct tests (including by the taking of samples) concerning, any structure, plant, substance or other thing in or on the place;
to seal the samples and require the owner of the materials to send the samples to an analyst and to bear any cost and expenses arising from the analysis;
to require the owner or analyst to submit the results of the analysis to the Director‑General or authorised officer;
to take extracts from, and make copies of, any document relating to any hazardous or other waste in or on the place;
to take such photographs as he or she thinks necessary for the purposes of this Act;
to require any person in or on the place or the relevant person to —
answer any question put by the Director‑General or authorised officer; and
produce any books, records or documents requested by the Director‑General or authorised officer;
to take into or onto the place such equipment and materials as the Director‑General or authorised officer requires for the purpose of exercising any power in relation to the place.
(2)
If the Director‑General or authorised officer enters or boards the searchable place and finds anything (called in this section the evidence) that may afford evidence of the commission of an offence under this Act, the following provisions have effect:
the Director‑General or authorised officer may seize the evidence;
the Director‑General or authorised officer may keep the evidence —
pending an order of court made under this Act in regard to the disposal of the evidence; or
if a prosecution for an offence under this Act in the commission of which the evidence may have been used or otherwise involved is instituted within that period, until the completion of the proceedings for the offence and of any appeal from the decision in relation to the proceedings;
if the evidence is a book, record or document, while the Director‑General or authorised officer has possession of the evidence, the Director‑General or authorised officer must allow the evidence to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the possession of the Director‑General or authorised officer.
(3)
A person who refuses or fails, without reasonable excuse, to comply with a requirement made under subsection (1)(d) or (g) 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.
(4)
It is a reasonable excuse for a person to refuse or fail to answer a question or produce a document if answering the question, or producing the document, might tend to incriminate the person.