Singapore legislation

Clause 36

of Bus Services Industry Bill

Clause 36

Power to obtain information

(1)

The LTA or an authorised officer may by written notice require any licensee to furnish, within a reasonable period specified in the notice, and in such form and manner as may be specified in the notice, all documents and information which —

(a)

relate to any matter which the LTA considers necessary to carry out the functions or duties of the LTA by or under any provision of this Act; and

(b)

are —

(i)

within the knowledge of that licensee; or

(ii)

in the licensee’s custody or under the licensee’s control.

(2)

The power to require a licensee to furnish any document or information under subsection (1) includes the power —

(a)

to require that licensee, or any individual who is or was an officer or employee of the licensee, to provide an explanation of the document or information;

(b)

if the document or information is not furnished, to require that licensee or individual to state, to the best of the licensee’s or individual’s knowledge and belief, where it is; and

(c)

if the information is recorded otherwise than in legible form, to require the information to be made available to the LTA in legible form.

(3)

Any person who, without reasonable excuse, fails to do anything required of the person by notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

(4)

Any person —

(a)

who intentionally alters, suppresses or destroys any document or information which the person has been required by a notice under subsection (1) to furnish; or

(b)

who, in furnishing any document or information required under subsection (1), makes any statement which the person knows to be false in a material particular or recklessly makes such a statement,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.

(5)

If any person fails to comply with a notice under subsection (1), the court may, on the application of the LTA, make such order as the court thinks fit to secure compliance with the notice and any such order may provide that all the costs or expenses of and incidental to the application are to be borne by such person or by any officer of a company or other association who is responsible for the failure.

(6)

The LTA through an authorised officer may, at any time after the expiry of the period specified in the notice referred to in subsection (1), enter any building or place where the LTA has reason to believe that any document or information, in respect of which it has given the notice, may be found, and seize or take extracts or copies of any such document or information.

(7)

The LTA is entitled without payment to keep any document or information, or any copy of or extract from any document or information, furnished to the LTA under subsection (1) or obtained under subsection (6).

(8)

Where a licensee is a licensed bus operator, the reference to a licensee in subsections (1) and (2) includes every bus service subcontractor who provides bus services under an agreement with such a licensee.

(9)

Where a licensee is a licensed bus depot operator or a licensed bus interchange operator, the reference to a licensee in subsections (1) and (2) includes every bus depot or interchange subcontractor who operates the bus depot or bus interchange specified in the licence under an agreement with such a licensee.