Clause 39

by deleting the words “or any person appointed by him for this purpose” in subsection (1) and substituting the words “, or any person authorised by the Commissioner of Building Control under section 3(2) for the purposes of this section (called in this section the authorised officer)”;

by deleting the words “a qualified person or builder under section 9(4) or 11(1)(c), respectively” in subsection (1)(d) and substituting the words “any person under this Act or any subsidiary legislation made under this Act”;

by deleting subsection (1A) and substituting the following subsections:“(1A) The Commissioner of Building Control or an authorised officer may do all or any of the following for any purpose in subsection (1) in or on any premises entered under that subsection:

make such openings as may be necessary;

inspect, test, examine, remove and detain (without compensation) reasonable samples of any building materials found in the premises;

analyse, or cause to be analysed, any sample of building materials mentioned in paragraph (b);

make copies of or take extracts from, or require the person having the management or control of the premises to provide copies of or extracts from, any document, book or record;

make any still or moving image or any recording of the premises or any thing in the premises;

subject to subsection (4B), seize any document, book, record, equipment, instrument or other article which the Commissioner of Building Control or authorised officer reasonably believes to be the subject matter of, or to be connected with the commission of, an offence under this Act or any subsidiary legislation made under this Act;

take onto the premises such equipment and materials as the Commissioner of Building Control or authorised officer requires for the purpose of exercising powers in relation to the premises;

operate a fixed installation or any electronic equipment in or on the premises, or require a person on the premises to operate any fixed installation or electronic equipment, in order to access evidential material;

seize and detain any machinery, equipment or plant which the Commissioner of Building Control or authorised officer reasonably believes to be connected or used in connection with a contravention of this Act or any subsidiary legislation made under this Act;

place a cordon around the premises or fixed installation concerned or otherwise secure the premises or fixed installation against unauthorised entry or use.(1B) Where any document, book, record, equipment, instrument or other article has been seized under subsection (1A) —

the Commissioner of Building Control or authorised officer who seized the document, book, record, equipment, instrument or other article must give written notice of the seizure to the person from whom it was seized, if the name and address of that person are known;

the document, book, record, equipment, instrument or other article may be kept or stored in the premises where it was seized or may, at the direction of the Commissioner of Building Control or authorised officer, be removed to any other place —

to be kept or stored; or

for testing or examination; and

in any case under paragraph (b), the Commissioner of Building Control or authorised officer may —

mark, seal or label the document, book, record, equipment, instrument or other article in such manner as the Commissioner of Building Control or authorised officer thinks fit for the purpose of indicating that it is under detention; and

lock or seal the whole or part of the premises in which the document, book, record, equipment, instrument or other article is being detained.(1C) The power under subsection (1A)(h) to operate electronic equipment in or on the premises includes the power —

to use a disk, tape or other storage device that is in or on the premises 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 premises; and

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

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

is in or on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises,and to remove the disk, tape or other storage device from that premises.(1D) A person who, without the permission of the Commissioner of Building Control or authorised officer —

interferes, tampers with, removes or otherwise disposes of any article or document seized under subsection (1A);

alters, counterfeits, defaces, destroys, erases or removes any mark, seal or label placed by the Commissioner of Building Control or authorised officer under subsection (1B)(c)(i); or

opens, breaks or otherwise tampers with the lock or seal placed by the Commissioner of Building Control or authorised officer on the whole or part of any premises under subsection (1B)(c)(ii),shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.”;

by deleting the words “subsection (1A)” in subsections (2) and (3) and substituting in each case the words “subsection (1A)(c)”;

by deleting subsection (4) and substituting the following subsection:“(4) For the purposes of any inspection under subsection (1)(d), the person concerned must —

allow the Commissioner of Building Control or authorised officer to access, and must produce on request, the documents, books or records; and

give such information and facilities as the Commissioner of Building Control or authorised officer may require.”;

by deleting the words “qualified person or builder, as the case may be,” in subsection (4A) and substituting the word “person”;

by inserting, immediately after subsection (4A), the following subsection:“(4B) The documents, books, records, equipment, instrument or other article mentioned in subsection (1A)(f) must not be seized at such times or at such places as could pose to any person risk of death or serious injury.”;

by deleting the words “a person appointed under subsection (1)” in subsection (6) and substituting the words “an authorised officer”; and

by deleting the section heading and substituting the following section heading:“Powers of entry, etc.”.