Clause 25

an officer of customs as defined in section 3 of the Customs Act (Cap. 70); or

any officer or class or description of officers appointed by the Minister by notification in the Gazette to exercise the powers and perform the duties conferred and imposed on an authorised officer by this Division and Division 7;“copyright material” means —

a work;

a sound recording;

a cinematograph film;

a published edition of a work; or

a television or sound broadcast as recorded in a cinematograph film or a sound recording;“Director-General” means the Director-General of Customs and Excise appointed under section 4(1) of the Customs Act (Cap. 70);“goods in transit” means goods imported, whether or not landed or transhipped within Singapore, which are to be carried to another country either by the same or another conveyance;“master” has the same meaning as in the Regulation of Imports and Exports Act (Cap. 272A);“objector”, in relation to particular seized copies, means the person who gave the notice under section 140B(1) as a result of the giving of which the copies were seized;“owner”, in relation to the copyright in copyright material, includes an exclusive licensee of the copyright in the material;“pilot of an aircraft” has the same meaning as in the Regulation of Imports and Exports Act;“seized copies” means copies seized under section 140B(7);“senior authorised officer” means —

a senior officer of customs as defined in section 3 of the Customs Act; and

any officer or class or description of officers appointed by the Minister by notification in the Gazette to exercise the powers and perform the duties conferred and imposed on a senior authorised officer by Division 7;“vehicle” has the same meaning as in the Regulation of Imports and Exports Act;“vessel” has the same meaning as in the Regulation of Imports and Exports Act.Restriction of importation of copies of works, etc.140B.—

A person may give the Director-General a written notice stating —

that he is the owner of the copyright in copyright material;

that, at a time and place specified in the notice, copies of the copyright material to which this section applies are expected to be imported; and

that he objects to such importation.(2) A notice given under subsection (1) shall be supported by such documents and information as may be prescribed in regulations.(3) Subject to subsection (4), this section shall apply to copies of copyright material made wholly or partly outside Singapore the making of which was carried out without the consent of the owner of the copyright.(4) This section shall not apply to copies of copyright material which are goods in transit.(5) Unless it is revoked under subsection (6), a notice under subsection (1) shall remain in force until —

the end of the period of 60 days commencing on the day on which the notice was given; or

the end of the period for which the copyright in the copyright material to which the notice relates is to subsist,whichever is the earlier.(6) A notice under subsection (1) may be revoked by written notice given to the Director-General by the person who gave the first-mentioned notice or by a subsequent owner of the copyright in the copyright material to which the notice relates.(7) If —

a notice has been given under this section in respect of copyright material;

the notice has not lapsed or been revoked; and

a person imports copies of the copyright material to which this section applies for the purpose of —

selling, letting for hire, or by way of trade offering or exposing for sale or hire, the copies;

distributing the copies for the purpose of trade;

distributing the copies for any other purpose to an extent that will affect prejudicially the owner of the copyright in the copyright material; or

by way of trade exhibiting the copies in public,an authorised officer may seize the copies.(8) The Minister may make regulations to provide for —

the forms of notices under this section;

the times at which, and the manner in which, notices are to be given; and

the giving of information and evidence to the Director-General.Security for liability or expense of seizure140C. An authorised officer may refuse to seize copies under section 140B(7) unless —

the objector has deposited with the Director-General a sum of money that, in the opinion of the Director-General, is sufficient to reimburse the Government for any liability or expense it is likely to incur as a result of the seizure of the copies; or

the objector has given security, to the satisfaction of the Director-General, for the reimbursement of the Government for any such liability or expense.Secure storage of seized copies140D. Seized copies shall be taken to such secure place as the Director-General directs.Notice of seizure140E.—

As soon as is practicable after copies are seized under section 140B(7), the Director-General shall give to the importer and the objector, either personally or by post, a written notice identifying the copies and stating that the identified copies have been seized.(2) A notice under subsection (1) shall state that the copies will be released to the importer unless —

an action for infringement of copyright in respect of the copies is instituted by the objector within a specified period from the day specified in the notice; and

the objector gives written notice to the Director-General within that period stating that the action for infringement of copyright has been instituted.(3) The period to be specified for the purposes of paragraph (a) of subsection (2) is the period prescribed for the purposes of that paragraph.(4) The day specified for the purposes of subsection (2)(a) shall not be earlier than the day on which the notice is given.(5) The objector may, by written notice given to the Director-General before the end of the period specified in a notice for the purposes of subsection (2)(a) (the retention period), request that the period be extended.(6) Subject to subsection (7), if —

a request is made in accordance with subsection (5); and

the Director-General is satisfied that it is reasonable that the request be granted,the Director-General may extend the retention period by such period as is prescribed.(7) A decision on a request made in accordance with subsection (5) shall be made within 2 working days after the request is made, but such a decision cannot be made after the end of the retention period to which the request relates.Inspection, release, etc., of seized copies140F.—

The Director-General may permit the objector or the importer to inspect the seized copies.(2) If the objector gives the requisite undertakings, the Director-General may permit the objector to remove one sample of the seized copies from the custody of the Director-General for inspection by the objector.(3) If the importer gives the Director-General the requisite undertakings, the Director-General may permit the importer to remove one sample of the seized copies from the custody of the Director-General for inspection by the importer.(4) The requisite undertakings are undertakings in writing that the person giving the undertaking will —

return the sample copy to the Director-General at a specified time that is satisfactory to the Director-General; and

take reasonable care to prevent damage to the sample copy.(5) If the Director-General permits inspection of the seized copies, or the removal of a sample copy, by the objector in accordance with this section, the Director-General is not liable to the importer for any loss or damage suffered by the importer arising out of —

damage to any of the seized copies incurred during that inspection; or

anything done by the objector or any other person to, or in relation to, a sample copy removed from the custody of the Director-General or any use made by the objector of such a sample copy.Forfeiture of seized copies by consent140G.—

Subject to subsection (2), the importer may, by written notice to the Director-General, consent to the seized copies being forfeited to the Government.(2) The notice shall be given before any action for infringement of copyright in relation to the copies is instituted.(3) If the importer gives such a notice, the copies are forfeited to the Government and shall be disposed of —

in the manner prescribed by the regulations; or

if no manner of disposal is so prescribed, as the Director-General directs.Compulsory release of the seized copies to the importer140H.—

The Director-General shall release seized copies (not being copies forfeited to the Government under section 140G) to the importer on the expiration of the retention period for the copies if the objector has not, before the expiration of that period —

instituted an action for infringement of the relevant copyright in respect of the copies; and

given written notice to the Director-General stating that the action has been instituted.(2) For the purpose of subsection (1), the retention period for seized copies is —

the period specified in a notice given under section 140E in respect of the copies; or

if that period has been extended under section 140E, that period as so extended.(3) If —

an action for infringement of copyright has been instituted in respect of seized copies; and

at the end of the period of 3 weeks commencing on the day on which the action was instituted, there is not in force an order of the court in which the action was instituted preventing the release of the copies,the Director-General shall release the copies to the importer.(4) If the objector gives written notice to the Director-General stating that he consents to the release of the seized copies, the Director-General shall release the copies to the importer.(5) This section shall have effect subject to section 140J.Provision relating to actions for infringement of copyright140I.—

In this section, “infringement action” means an action for an infringement of copyright constituted by the importation of seized copies.(2) The court in which an infringement action is pending may, on the application of a person having a sufficient interest in the subject-matter of the action, allow the person to be joined as a defendant to the action.(3) An authorised officer is entitled to be heard on the hearing of an infringement action.(4) In addition to any relief that may be granted apart from this section, the court may —

at any time, order that the seized copies be released to the importer subject to such conditions, if any, as the court thinks fit;

order that the seized copies not be released to the importer before the end of a specified period; or

order that the goods be forfeited to the Government.(5) A court may not make an order under subsection (4)(a) if it is satisfied that the Government or any statutory authority is required or permitted under any other law to retain control of the seized copies.(6) The Director-General shall comply with an order made under subsection (4).(7) If —

the court decides that the relevant copyright was not infringed by the importation of the seized copies; and

a defendant to the infringement action satisfies the court that he has suffered loss or damage as a result of the seizure of the copies,the court may order the objector to pay compensation in such amount as the court thinks fit to that defendant.Retention of control of seized copies 140J. Notwithstanding section 140H, in a case in which no order has been made under section 140I(4) in relation to seized copies, the Director-General is not obliged to release or dispose of the copies if the Government is required or permitted, under any other law, to retain control of the copies.Disposal of seized copies ordered to be forfeited140K. If a court orders that seized copies are to be forfeited to the Government, the copies shall be disposed of —

in the manner prescribed by the regulations; or

if no manner of disposal is so prescribed, as the Director-General directs.Insufficient security140L.—

If the reasonable expenses incurred by the Director-General in relation to any action taken by the Director-General under this Division, or taken in accordance with an order of a court under this Division exceed the amount deposited, or the amount of the security given, under section 140C, the amount of the excess is a debt due to the Government.(2) The debt created by subsection (1) is due by the objector, or, if there are 2 or more objectors, by the objectors jointly and severally.Division 7 — Powers of SearchPowers of search in relation to vessels, aircraft and vehicles140M.—

A senior authorised officer or an authorised officer acting in accordance with the general or special directions of a senior authorised officer may board any conveyance in Singapore and may rummage and search all parts of the conveyance for copies of copyright material liable to be seized under section 140B(7).(2) For the more effective exercise of the powers conferred by this section, a senior authorised officer may do all or any of the following:

require the master of any vessel in Singapore to heave to;

by direction to the master of any vessel or the pilot of any aircraft in Singapore, require the vessel or aircraft, as the case may be, not to proceed until so authorised;

require any documents which ought to be on board any vessel or aircraft, being documents relating to any goods therein, to be brought to him for inspection;

break open and forcibly enter any place or receptacle in any conveyance to which he cannot otherwise reasonably obtain access;

by direction to the master of any vessel in Singapore, require the vessel to proceed to any specified anchorage, wharf or place to which the vessel may lawfully go;

by direction to the master of any vessel in Singapore, require him to move or discharge any cargo or other goods therein;

require the person in charge of a vehicle —

to stop and not to proceed until so authorised; or

to bring the vehicle to any police station or examination station;

direct that the removal of any goods from or placed in any vessel be prohibited until so authorised;

require the master of any vessel or the pilot of any aircraft to produce a complete manifest of the whole cargo of the vessel or aircraft and a complete list of stores carried by that vessel or aircraft.(3) An authorised officer may exercise, in respect of any vehicle or any vessel not exceeding 75 tons net tonnage, the powers which are conferred upon a senior authorised officer by subsection (2) other than the powers conferred by paragraph (d) of that subsection.(4) It shall be presumed in any proceedings arising out of any thing done under this section, unless the contrary is proved, that any authorised officer, not being a senior authorised officer, by whom the thing was done was acting in accordance with the general or special direction of a senior authorised officer.(5) If any vessel or aircraft fails to comply with any lawful requisition or direction given or made under this section, a senior authorised officer may take all such steps as appear to him necessary to secure such compliance.(6) Any person who contravenes this section or who fails to comply with any lawful requisition or direction given or made thereunder shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both.(7) An authorised officer may exercise the powers conferred by this section in respect of a vessel under way if he reasonably suspects that it is not in transit through Singapore.Examination of packages140N.—

Any goods, package, box, chest or other article which is being or has recently been imported and in regard to which a reasonable suspicion exists that it is or that it contains a copy of copyright material liable to be seized under section 140B(7) may be —

examined and searched by an authorised officer or detained until any person in charge thereof has opened it for examination and search;

subjected to such tests or analysis as the authorised officer thinks fit;

forcibly opened by, or by order of, a senior authorised officer to facilitate the examination and search except that any person in charge of the package, box, chest or other article shall be afforded every reasonable facility for being present at the opening, examination and search; or

marked, locked, sealed or otherwise secured by an authorised officer pending examination and search.(2) Any person, other than an authorised officer, who removes, opens, breaks or tampers with any lock, seal or other means of securing any goods, package, box, chest or other article referred to in subsection (1)(d) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 6 months or to both.Power to remove packages and goods to police station or examination station140O.—

For the more convenient exercise of the powers conferred by section 140N, an authorised officer may remove any package, box, chest or other article or any goods to a police station or examination station or may require it to be so removed by the owner thereof or his agent or any person having the custody, charge or control thereof.(2) Any person who fails to comply with any such requisition shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000.(3) Upon the failure by a person to comply with such a requisition, an authorised officer may remove the goods in the manner provided by subsection (1) and all the expenses of such removal (as certified by a senior authorised officer) shall be recoverable as a fine from that person or from the owner of the goods.Search of persons and baggage140P.—

Any person landing or being about to land or having recently landed from any vessel or aircraft, or leaving any vessel or aircraft in Singapore whether for the purpose of landing or otherwise, or entering or having recently entered Singapore by land, sea or air, shall —

on demand by an authorised officer, either permit his person and goods and baggage to be searched by the officer for any copy of copyright material liable to be seized under section 140B(7) or, together with the goods and baggage, accompany the officer to a police station or an examination station, and there permit his person and goods and baggage to be searched in the presence and under the supervision of a senior authorised officer for any copy of copyright material liable to be seized under section 140B(7); or

on demand by a senior authorised officer, permit his person and goods and baggage to be searched by the officer, or in the presence and under the supervision of the officer, for any copy of copyright material liable to be seized under section 140B(7).(2) Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman and with strict regard to decency.(3) The goods and baggage of any person who requests to be present when they are searched shall not be searched except in his presence, unless he fails to be present after being given reasonable facility for being present.(4) Any person who refuses to comply with any lawful demand made under this section may be arrested without warrant by the authorised officer making the demand.Powers of authorised officers to enter certain premises140Q.—

For the purpose of exercising the powers conferred by sections 140M to 140P, an authorised officer may, without warrant, enter upon any islet, landing place, wharf, dock, railway or quay or the premises of a provider of port services or facilities licensed or exempted under the Maritime and Port Authority of Singapore Act (Cap. 170A), or of the Civil Aviation Authority of Singapore.(2) In this section, “railway” has the same meaning as in the Railways Act (Cap. 263).Obstruction140R. Any person who —

refuses any authorised officer or senior authorised officer access to any vessel, aircraft, vehicle or place which the officer is entitled under this Division; or

obstructs or hinders any authorised officer or senior authorised officer in the execution of any power conferred upon that officer by this Division,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both.”.