Singapore legislation
Clause 57
Clause 57
New sections 85A and 85B
The principal Act is amended by inserting, immediately after section 85, the following sections:“Persons bound to give information or produce documents85A.—
At any time after goods have been seized under section 82(4), an authorised officer or a senior authorised officer who has reasonable cause to believe that a person has any information or document that the officer considers is relevant for any of the purposes in subsection (2), may require that person to provide to the officer that information or document at a time and place specified by the officer.(2) The purposes mentioned in subsection (1) are —
to enable the Director-General to satisfy a request under section 85B (whether or not such a request has actually been received);
to enable any action to be taken under this Part in relation to future shipments of goods; and
for a statistical or research purpose.(3) A person who —
without reasonable excuse, fails to comply with a requirement under subsection (1); or
in purported compliance with such requirement, knowingly or recklessly provides any information or document that 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 $6,000 or to imprisonment for a term not exceeding 6 months or to both.(4) A person is not excused from providing any information or document in compliance with a requirement under subsection (1) on the ground that it might tend to incriminate the person.(5) Where the person claims, before providing any information or document pursuant to a requirement under subsection (1), that it might tend to incriminate the person, then the information or document is not admissible in evidence against the person in criminal proceedings other than proceedings for an offence under subsection (3).(6) No information or document that is provided pursuant to a requirement under subsection (1) may be published, or communicated or disclosed to any person, except where and to the extent it is necessary for a purpose in subsection (2).(7) A person who contravenes subsection (6) 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.Information on import85B.—
After goods have been seized under section 82(4), the Director-General may, upon the request of the objector, and if the Director-General is satisfied that the information is necessary to enable the objector to institute an infringement action, give the objector the name and contact details of any person connected with the import of the seized goods.(2) Subsection (1) applies despite any duty of confidentiality imposed by the common law on the Director-General or a person to whom the Director-General has delegated the power under that subsection.”.