Singapore legislation

Section 29

of Traditional Chinese Medicine Practitioners Act 2000

Section 29

Powers for enforcement purposes

Amended by8/20198/20198/20198/20198/20198/20198/20198/20198/20198/20198/2019

(1)

This section provides for the enforcement powers which an investigator may exercise for any of the following purposes:

(a)

investigating into an offence under this Act or its subsidiary legislation;

(b)

investigating into any complaint or information under Part 4A;

(c)

determining whether any information provided to the Board under this Act or its subsidiary legislation is correct.

Amended by8/2019

(2)

Subject to subsection (4), the following are the enforcement powers that an investigator may exercise in relation to a place for a purpose in subsection (1):

(a)

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

(g)

to take into or onto the place any equipment and materials that the investigator requires for the purpose of exercising enforcement 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 investigator believes on reasonable grounds that —

(i)

the thing is evidential material, or is intended to be used for the purpose of contravening any provision of this Act or its subsidiary legislation or any condition of the registration of any registered person; 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 document, record or thing which is found in or on the place during the exercise of enforcement powers that the investigator reasonably suspects is evidential material;

(k)

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

Amended by8/2019

(3)

In addition, an investigator may —

(a)

for any purpose in subsection (1), require any person in Singapore whom the investigator has reason to believe to be acquainted with any facts or circumstances relevant to that purpose to attend before the investigator to answer any question (to the best of that person’s knowledge, information and belief) and to provide any document, record or information; or

(b)

for the purpose in subsection (1)(b), invite the registered person, within the period specified in the written notice mentioned in section 26F(1) (which must be at least 21 days starting on the date of the notice), to give to the investigator any written explanation the registered person wishes to provide.

Amended by8/2019

(4)

However, an investigator is not authorised by this section —

(a)

to enter a place;

(b)

to search a place or any thing in or on a place; or

(c)

to seize any thing in or on a place,for the purpose mentioned in subsection (1)(b) unless —

(d)

the occupier of the place consents to the entry, search or seizure, as the case may be;

(e)

the investigator believes on reasonable grounds that there is an imminent or immediate danger of serious bodily injury or death to any individual who is receiving or is about to receive any treatment at the place; or

(f)

the entry, search or seizure (as the case may be) is made under a warrant of a court.

Amended by8/2019

(5)

The power under subsection (2)(h) to operate electronic equipment in or on any place includes the power —

(a)

to use a disc, 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 disc, 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 disc, tape or other storage device from that place.

Amended by8/2019

(6)

The power under subsection (2)(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 by8/2019

(7)

The power under subsection (2)(j) to seize any document, record or thing under warrant includes the power to seize any document, record or 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 investigator finds the document, record or thing; and

(b)

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

Amended by8/2019

(8)

However, a person is not subject to a requirement under subsection (2)(k) or (3)(a) if the person —

(a)

does not possess the document, record or information required; or

(b)

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

Amended by8/2019

(9)

A statement made by a person in answer to a question under subsection (2)(k) or (3)(a) must —

(a)

be reduced to writing;

(b)

be read over to the person;

(c)

if the person does not understand English, be interpreted in a language that the person understands; and

(d)

after correction (if necessary), be signed by the person.

Amended by8/2019

(10)

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

Amended by8/2019

(11)

In this section, “place” means any premises which are used, or in respect of which there are reasonable grounds to believe are being or have been used, by any person —

(a)

to carry out any prescribed practice of traditional Chinese medicine; or

(b)

to keep any document, record or thing used in connection with the carrying out of any prescribed practice of traditional Chinese medicine.

Amended by8/2019
Section 29 — Traditional Chinese Medicine Practitioners Act 2000