Clause 20

This section provides for the enforcement powers which an enforcement officer may exercise for either or both of the following purposes:

determining whether the following are being complied with:

the provisions of this Act and its subsidiary legislation;

any conditions imposed on a licence or classification certificate;

determining whether information furnished to the Authority under a provision of this Act or its subsidiary legislation is correct.(2) However, an enforcement officer is not authorised by this section —

to enter a place for a purpose in subsection (1) unless —

the occupier of the place consents to the entry; or

the entry is made under a warrant of a court;

to search a place for a purpose in subsection (1) unless the search is made under a warrant of a court; or

to seize any thing in or on any place for a purpose in subsection (1) unless the seizure is made under a warrant of a court.(3) Subject to subsection (2), the following are the enforcement powers that an enforcement officer may exercise in relation to a place for a purpose in subsection (1):

to enter any place;

to search the place and any thing in or on the place;

to examine or observe any activity conducted in or on the place;

to inspect and examine any thing in or on the place;

to make any still or moving image or any recording of the place or any thing in or on the place;

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

to take into or onto the place such equipment and materials as the enforcement officer requires for the purpose of exercising powers in relation to the place;

to operate electronic equipment in or on the place;

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 enforcement officer believes on reasonable grounds that —

the thing is evidential material, or is intended to be used for the purpose of contravening any conditions imposed on a licence or classification certificate; and

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;

to seize any thing which is found in or on the place during the exercise of enforcement powers that the enforcement officer reasonably suspects is evidential material;

to require any individual found in or on the place to answer any question (to the best of that individual’s knowledge, information and belief) and to furnish any document or information.(4) In addition, an enforcement officer may, for a purpose in subsection (1), require any person in Singapore whom the enforcement officer has reason to believe to be acquainted with any facts or circumstances relevant to that purpose to attend before the enforcement officer to answer any question (to the best of that person’s knowledge, information and belief) and to furnish any document or information.(5) The power under subsection (3)(h) to operate electronic equipment in or on any place includes the power —

to use a disk, 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;

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

to operate electronic equipment in or on the place to transfer the relevant data to a disk, tape or other storage device that —

is brought to the place for the exercise of the power; or

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 disk, tape or other storage device from that place.(6) The power under subsection (3)(i) to secure any thing which is found during the exercise of enforcement powers in or on any place includes the power —

to secure the thing by locking it up, placing a guard or any other means; or

to prohibit any person from dealing with such thing.(7) The power under subsection (3)(j) to seize any thing under warrant includes the power to seize any thing which is similarly so found that is not evidential material of the kind specified in the warrant if —

in the course of searching for the kind of evidential material specified in the warrant, the enforcement officer finds the thing; and

the thing is evidential material for another offence under this Act or its subsidiary legislation.(8) Sections 370, 371 and 372 of the Criminal Procedure Code (Cap. 68) apply, with the necessary modifications, when an enforcement officer seizes any thing under subsection (3)(j).(9) However, an individual or person is not subject to a requirement under subsection (3)(k) or (4) if —

the individual or person does not possess the document or information required; or

the individual or person has taken all reasonable steps available to the individual or person to obtain the document or information required and has been unable to obtain it.(10) Any statement made by any individual in answer to a question under subsection (3)(k) or (4) must —

be reduced to writing;

be read over to the individual;

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

after correction, if necessary, be signed by that individual.(11) An enforcement officer may be assisted by other individuals in exercising enforcement powers under this section or section 34A if that assistance is necessary and reasonable.(12) The references in this section to documents or information include a reference to any film (whether classified or not) and any advertisement for a film.Special enforcement powers34A.—

Despite section 34, a police officer or an enforcement officer may, without warrant, exercise the enforcement powers in that section and special enforcement powers under this section, in relation to a place where the police officer or enforcement officer —

suspects on reasonable grounds that any of the following offences has been or is being committed in or on that place:

an offence under section 6(2) for contravening section 6(1)(c);

an offence under section 21(1), 29(1), (2), (3) or (4), 30(1) or (2), 31(1) or (2), 32(1), 33 or 35(2); or

has reasonable cause to believe that —

evidence of the commission of an offence mentioned in paragraph (a)(i) or (ii) can be found in or on that place; and

it is necessary to secure the evidence in order to prevent it from being concealed, lost or destroyed.(2) The following are the special enforcement powers that a police officer or an enforcement officer may exercise in relation to a place under subsection (1):

to enter the place, using such force as is reasonably necessary to obtain entry to the place, and to search the place;

to detain any individual found in or on the place until the search of the place is complete;

to seize any film, advertisement for a film, document, or equipment which is used in the commission of any offence specified in subsection (1)(a) and found in or on the place, and which the officer reasonably suspects is evidential material.(3) Any person claiming any thing seized under this section or section 34 may, within 48 hours after the seizure, complain about it to a Magistrate, who may determine the matter as follows:

by confirming or disallowing the seizure in whole or part;

by ordering that the thing seized be restored to its owner, subject to such condition which the Magistrate may think fit to impose to ensure that the seized thing is preserved for any purpose for which it may subsequently be required;

by ordering payment to be made to the owner of the thing seized of such amount as the Magistrate considers will compensate the owner for any loss or depreciation resulting from the seizure.(4) Subject to subsection (3), sections 370, 371 and 372 of the Criminal Procedure Code (Cap. 68) apply, with the necessary modifications, when a police officer or an enforcement officer seizes any thing under this section or section 34.False information and obstruction of performance of official duties34B.—

If —

a person furnishes a document or gives information (whether orally or in writing) to the Minister, the Authority, the Committee of Appeal, a classification officer or a licensing officer;

the document is furnished, or the statement is made or the information is given, for or in connection with —

an application (whether for that person or for another) for a licence, a permit under section 12 or a renewal of such a licence or permit;

an application (whether for that person or for another) for approval under section 22A;

an application to register as a film content assessor under section 19, or to renew such registration;

a representation made under section 7(5) or 20B(3), or pursuant to a written notice under section 10A(5) or 11(3); or

an appeal under section 24 or 28;

the document, statement or information is false or misleading, or the statement or information omits any matter or thing without which the statement or information, as the case may be, is misleading; and

the person knows, or ought reasonably to know, that the document is false or misleading, or that the statement or information is as described in paragraph (c),the person 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) Subsection (1) does not apply if the document, statement or information is not false or misleading in a material particular, or if the statement or information does not omit any matter or thing without which the statement or information, as the case may be, is misleading in a material particular.(3) A person who knowingly obstructs or prevents, or attempts to obstruct or prevent —

a classification officer or a licensing officer in the discharge of his powers or duties under this Act or its subsidiary legislation;

an enforcement officer from exercising any of the officer’s powers under section 23, 34 or 34A; or

a police officer from exercising any of the officer’s powers under section 34A,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.(4) A person —

who intentionally alters, suppresses or destroys any document or information which the person has been required by or under section 34(3)(k) or (4) to furnish; or

who, in furnishing any document or information required by or under section 34(3)(k) or (4), makes any statement which the person knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular,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) A person who, without reasonable excuse, fails to do anything required of the person under section 34(3)(k) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.(6) To avoid doubt, for the purposes of subsection (5), it is a reasonable excuse for a person to refuse or fail to produce any document, furnish any information or answer any question if doing so might tend to incriminate that person.”.