Singapore legislation

Clause 56

of Income Tax (Amendment) Bill

Clause 56

Amendment of section 65B

Section 65B of the principal Act is amended by deleting subsections (1) and (2) and substituting the following subsections:“(1) The Comptroller or any officer authorised by him in that behalf —

(a)

shall at all times have full and free access to all buildings, places, documents, computers, computer programs and computer software (whether installed in a computer or otherwise) for any of the purposes of this Act;

(b)

shall have access to any information, code or technology which has the capability of retransforming or unscrambling encrypted data contained or available to such computers into readable and comprehensive format or text for any of the purposes of this Act;

(c)

shall be entitled —

(i)

without fee or reward, to inspect, copy or make extracts from any such document, computer, computer program, computer software or computer output; and

(ii)

at any reasonable time to inspect and check the operation of any computer, device, apparatus or material which is or has been in use in connection with anything to which this section applies;

(d)

may take possession of any such document, computer, device, apparatus, material, computer program or computer software where in his opinion —

(i)

the inspection, checking, copying thereof or extraction therefrom cannot reasonably be performed without taking possession;

(ii)

any such items may be interfered with or destroyed unless possession is taken; or

(iii)

any such items may be required as evidence in proceedings for an offence under this Act or in proceedings for the recovery of tax or penalty, or in proceedings by way of an appeal against an assessment; and

(e)

shall be entitled to require —

(i)

the person by whom or on whose behalf the computer is or has been used, or any person having charge of, or otherwise concerned with the operation of the computer, device, apparatus or material to provide the Comptroller or officer with such reasonable assistance as he may require for the purposes of this section; and

(ii)

any person in possession of decryption information to grant him access to such decryption information necessary to decrypt data required for the purpose of this section.(2) In this section, “computer” and “computer output” have the same meanings as in the Computer Misuse Act (Cap. 50A).”.