Singapore legislation
Clause 34
Clause 34
Amendment of section 84
Section 84 of the principal Act is amended —
by deleting paragraph (f) of subsection (1) and substituting the following paragraph:“(f)shall be entitled to require a person in or at the building or place, and who appears to the Comptroller or officer to be acquainted with —
any facts or circumstances concerning the person’s or another person’s transactions made in the course or furtherance of a business; or
any facts or circumstances that are relevant to an investigation of, or the prosecution of a person for, an offence under this Act,to do any or both of the following:
answer any question to the best of that person’s knowledge, information and belief;
take reasonable steps to produce a document for inspection.”;
by deleting subsection (2) and substituting the following subsections:“(1A) The Comptroller or a specially authorised officer may, for the purpose of investigating an offence under section 62 or 63, break open any outer or inner door or window, or use any other reasonable means, to gain entry to a building or place.(1B) The Comptroller or a specially authorised officer may only exercise the power under subsection (1A) if —
he has reason to believe that there is in that building or place any document or thing that may be, or that contains information that may be —
relevant to the investigation; or
required as evidence in proceedings for the offence being investigated;
he has reason to believe that the document or thing is likely to be concealed, removed or destroyed, or the information is likely to be deleted, by any person; and
he is unable to gain entry to that building or place after stating his authority and purpose and demanding such entry.(1C) To avoid doubt, the Comptroller or a specially authorised officer who has gained entry to a building or place by exercising his power under subsection (1A), may exercise any of his powers under subsection (1) after such entry.(1D) The Comptroller or a specially authorised officer may, after gaining entry into a building or place under subsection (1) or (1A) for the purpose of investigating an offence under this Act, search or caused to be searched a person found in the building or place for any document or thing which may be relevant for the investigation, or is required as evidence in proceedings for that offence.(1E) A woman must not be searched except by a woman.(2) The Comptroller may by notice require any person to give orally, in writing, or through the electronic service —
any information concerning his or any other person’s income, assets or liability that is relevant for the purposes of this Act or concerning his or any other person’s transactions made in the course or furtherance of a business; or
any information that is relevant for an investigation of, or the prosecution of a person for, an offence under this Act.”;
by deleting the words “For the purposes of this Act, the” in subsection (2A) and substituting the word “The”; and
by deleting paragraphs (a) and (b) of subsection (2A) and substituting the following paragraphs:“(a)provide, to the best of that person’s knowledge, information and belief —
any information concerning the person’s or any other person’s transactions made in the course or furtherance of a business; or
any information that is relevant for an investigation of, or the prosecution of a person for, an offence under this Act;
take reasonable steps to produce for inspection any document concerning such transactions, or that contains such information.”.