Clause 3

The Minister may appoint a Director of Legal Services —

to administer Parts IVA and IXA; and

to perform such other functions and duties as the Minister may assign to the Director of Legal Services by notification published in the Gazette.(2) The functions, duties and powers of the Director of Legal Services under this Act may be performed, discharged and exercised by any public officer who is authorised by the Director of Legal Services to do so.Investigation of law practice entity by Director of Legal Services2B.—

The Director of Legal Services may, on his own motion or upon receiving any complaint, conduct such investigation as he considers necessary or expedient to ascertain whether any law practice entity has breached or contravened any requirement, condition, direction, guideline or undertaking under Part IXA or any subsidiary legislation made under that Part.(2) The Director of Legal Services may appoint an investigator to conduct an investigation under subsection (1).Power to require documents or information2C.—

For the purposes of an investigation under section 2B(1), the Director of Legal Services or an investigator may, by notice in writing to any person, require that person to produce any specified document, or to provide any specified information, which the Director of Legal Services or investigator (as the case may be) considers to be relevant to the investigation.(2) A notice under subsection (1) shall —

indicate the subject-matter and purpose of the investigation; and

provide information on the nature of an offence under section 2G, and the nature of an offence under section 2H.(3) The Director of Legal Services or investigator may specify in the notice —

the time and place at which any document is to be produced or any information is to be provided; and

the manner and form in which it is to be produced or provided.(4) The power under this section to require a person to produce a document includes the power —

if the document is produced —

to take copies of it or extracts from it; and

to require that person, or any present or past officer or employee of that person, to provide an explanation of the document; or

if the document is not produced, to require that person to state, to the best of that person’s knowledge and belief, where it is.(5) In subsection (1), “specified” means —

specified, or described, in the notice; or

falling within a category which is specified, or described, in the notice.Power to enter premises under warrant2D.—

The court may, on the application of the Director of Legal Services or an investigator, issue a warrant, if the court is satisfied that there are reasonable grounds for suspecting that there is, on any premises —

any document which has not been produced as required under section 2C; or

any equipment or article in which is stored in electronic form any information which has not been provided as required under section 2C.(2) A warrant under this section shall authorise a named officer to do all or any of the following:

to enter the premises specified in the warrant, using such force as is reasonably necessary for the purpose;

to search any person on the premises, if there are reasonable grounds for believing that the person has in the person’s possession any document, equipment or article referred to in subsection (1);

to search the premises and take copies of, or extracts from, any document referred to in subsection (1);

to take possession of any document referred to in subsection (1), if —

such action appears to be necessary for preserving the document or preventing interference with it; or

it is not reasonably practicable to take copies of the document on the premises;

to take any other step which appears to be necessary for the purpose mentioned in paragraph (d)(i);

to require any person on the premises to provide an explanation of any document referred to in subsection (1) or to state, to the best of the person’s knowledge and belief, where it may be found;

to require any information referred to in subsection (1) which is stored in electronic form and accessible from the premises to be produced in a form which —

can be taken away; and

is visible and legible;

to remove from the premises for examination any equipment or article referred to in subsection (1).(3) A woman may be searched pursuant to a warrant under this section only by another woman and with strict regard to decency.(4) Where possession of any document is taken pursuant to a warrant issued under this section, the named officer may, at the request of the person from whom possession of the document was taken, provide that person with a copy of the document.(5) A named officer may allow any equipment or article, which may be removed from any premises for examination pursuant to a warrant issued under this section, to be retained on the premises subject to such conditions as the named officer may require.(6) Any person who fails to comply with any condition imposed under subsection (5) shall be guilty of an offence.(7) A warrant issued under this section —

shall —

indicate the subject-matter and purpose of the investigation; and

provide information on the nature of an offence under section 2G, and the nature of an offence under section 2H; and

shall continue in force until the end of the period of one month beginning on the day on which it is issued.(8) The powers conferred by this section shall not be exercised except upon production of a warrant issued under this section.(9) Any person entering any premises by virtue of a warrant under this section may take with him such equipment as appears to him to be necessary.(10) If there is no one at the premises when the named officer proposes to execute a warrant under this section, he shall, before executing it —

take such steps as are reasonable in all the circumstances to inform the occupier of the intended entry; and

if the occupier is informed, afford him or his legal or other representative a reasonable opportunity to be present when the warrant is executed.(11) If the named officer is unable to inform the occupier of the intended entry, the named officer shall, when executing the warrant, leave a copy of it in a prominent place on the premises.(12) On leaving any premises which he has entered by virtue of a warrant under this section, the named officer shall, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured as he found them.(13) Any document of which possession is taken pursuant to a warrant issued under this section may be retained for a period of 3 months.(14) In this section —“court” means the High Court, a District Court or a Magistrate’s Court;“named officer” means a person named in the warrant, being —

the Director of Legal Services; or

an investigator;“occupier”, in relation to any premises, means a person whom a named officer reasonably believes is the occupier of those premises.Co-operation between Director of Legal Services and Attorney‑General, Registrar, Institute, Council or Society, etc.2E.—

Notwithstanding any written law or rule of law, the Director of Legal Services may —

furnish any information in his possession to the Attorney-General, the Registrar, the Institute, the Council or the Society, if the information is required by, and for the performance of any of the functions of, the Attorney-General, the Registrar, the Institute, the Council or the Society (as the case may be); and

provide such other assistance to the Attorney-General, the Registrar, the Institute, the Council or the Society as will facilitate the performance of any of the functions of the Attorney-General, the Registrar, the Institute, the Council or the Society (as the case may be).(2) Notwithstanding any written law or rule of law, the Attorney-General, the Registrar, the Institute, the Council and the Society may each —

furnish any information in the possession of the Attorney-General, the Registrar, the Institute, the Council or the Society (as the case may be) to the Director of Legal Services, if the information is required by him for the performance of any of his functions; and

provide such other assistance to the Director of Legal Services as will facilitate his performance of any of his functions.(3) Notwithstanding any written law or rule of law, the Director of Legal Services may —

furnish any information in his possession to a ministry or department of the Government, an organ of State or a statutory board, if the information is required by, and for the performance of any of the functions of, the ministry or department, the organ of State or the statutory board (as the case may be); and

provide such other assistance to a ministry or department of the Government, an organ of State or a statutory board as will facilitate the performance of any of the functions of the ministry or department, the organ of State or the statutory board (as the case may be).(4) Notwithstanding any written law or rule of law, a ministry or department of the Government, an organ of State or a statutory board may —

furnish any information in the possession of the ministry or department, the organ of State or the statutory board (as the case may be) to the Director of Legal Services, if the information is required by him for the performance of any of his functions; and

provide such other assistance to the Director of Legal Services as will facilitate his performance of any of his functions.Power to require law practice entity to provide information2F. The Director of Legal Services may, for the purposes of carrying out his functions under this Act or compiling statistics on law practice entities, require any law practice entity, or any director or partner of any law practice entity, to provide such information relating to that law practice entity as the Director of Legal Services may require.Refusal to provide information, etc.2G.—

Any person who fails to comply with a requirement imposed on the person under section 2C, 2D or 2F 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.(2) If a person is charged with an offence under subsection (1) in respect of a requirement to produce a document, it shall be a defence for the person to prove that —

the document was not in the person’s possession or under the person’s control; and

the person had a reasonable excuse for failing to comply with the requirement.(3) If a person is charged with an offence under subsection (1) in respect of a requirement —

to provide information;

to provide an explanation of a document; or

to state where a document is to be found,it shall be a defence for the person to prove that the person had a reasonable excuse for failing to comply with the requirement.(4) Failure to comply with a requirement imposed under section 2C shall not be an offence if the person imposing the requirement has failed to act in accordance with that section.Destroying or falsifying documents2H. Any person who, having been required to produce a document under section 2C or 2D —

intentionally or recklessly destroys or otherwise disposes of it, falsifies it or conceals it; or

causes or permits its destruction, disposal, falsification or concealment,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.Protection from personal liability2I.—

No liability shall be incurred by the Director of Legal Services, any authorised public officer, any investigator or any other person acting under the direction of the Director of Legal Services for anything done (including any statement made) or omitted to be done with reasonable care and in good faith in the execution or purported execution of any function, duty or power of the Director of Legal Services, authorised public officer, investigator or other person (as the case may be) under this Act.(2) In this section, “authorised public officer” means a public officer who is authorised by the Director of Legal Services under section 2A(2) to perform, discharge or exercise any function, duty or power of the Director of Legal Services.”.