Clause 7

by inserting, immediately after subsection (2), the following subsections:“(2A) At any time after copies of copyright material have been detained under subsection (1)(a), 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 (2B), may require that person to provide to the officer that information or document at a time and place specified by the officer.(2B) The purposes mentioned in subsection (2A) are —

to enable the Director-General to satisfy a request under subsection (2H) (whether or not such a request has actually been received);

to enable any action to be taken under this Division in relation to future shipments of goods; and

for a statistical or research purpose.(2C) A person who —

without reasonable excuse, fails to comply with a requirement under subsection (2A); 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.(2D) A person is not excused from providing any information or document in compliance with a requirement under subsection (2A) on the ground that it might tend to incriminate the person.(2E) Where the person claims, before providing any information or document pursuant to a requirement under subsection (2A), 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 (2C).(2F) No information or document that is provided pursuant to a requirement under subsection (2A) may be published, or communicated or disclosed to any person, except where and to the extent it is necessary for a purpose in subsection (2B).(2G) A person who contravenes subsection (2F) 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.(2H) The Director-General may, upon the request of the owner of the copyright in the copyright material, and if the Director-General is satisfied that the information is necessary to enable the owner to institute an action for infringement of the copyright, give the owner the name and contact details of any person connected with the import or proposed export (as the case may be) of the detained copies.(2I) However, no disclosure under subsection (2H) is permitted unless the owner of the copyright in the copyright material to whom disclosure is to be made —

in the case of copies that are imported into Singapore and that are not goods in transit, has carried out the acts in subsection (3)(a)(i), (ii) and (iii); or

in the case of copies that are to be exported from Singapore or copies that are goods in transit and consigned to a person with a commercial or physical presence in Singapore —

satisfies the Director-General that copyright subsists in the copyright material and that he is the owner of the copyright; and

has carried out the act mentioned in subsection (3)(b)(iii).(2J) Subsection (2H) 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.”; and

by deleting the words “or expense it has and is likely to further incur as a result of the detention of the copies” in subsection (3)(b)(iii)(A) and substituting the words “or reasonable expense it has and is likely to further incur in relation to the detention, storage and disposal of the copies”.