Clause 41

The Commissioner of Building Control, or any person authorised by the Commissioner of Building Control under section 3(2) for the purpose of this section (called in this section the authorised officer), may exercise the powers in this section for the purpose of —

ascertaining whether there is, or has been, a contravention of this Act or any subsidiary legislation made under this Act;

ascertaining whether circumstances exist that would authorise the Commissioner of Building Control or authorised officer to take any action or execute any work under this Act or any subsidiary legislation made under this Act; or

taking any action or carrying out any work authorised or required by this Act or any subsidiary legislation made under this Act.(2) For the purposes of subsection (1), the Commissioner of Building Control or authorised officer may —

require any person —

to answer any question (to the best of that person’s knowledge, information and belief) and provide any information; and

to produce, for inspection by the Commissioner of Building Control or authorised officer, any book, document, record, still or moving image, recording, article or thing within the person’s possession, or to provide the Commissioner of Building Control or authorised officer with copies of such book, document, still or moving image, recording or other record; and

require any person in Singapore whom the Commissioner of Building Control or authorised officer has reason to believe to be acquainted with any facts or circumstances relevant to such purposes to attend before the Commissioner of Building Control or authorised officer to answer any question (to the best of that person’s knowledge, information and belief) and to provide any document or information.(3) Any statement made by an individual in answer to a question under subsection (2)(a)(i) or (b) must —

be reduced to writing;

be read over to the individual;

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

after correction (if necessary) be signed by that individual.(4) If —

a person provides a document or gives a statement or information (whether orally or in writing) to the Commissioner of Building Control or an authorised officer for the purposes of this section;

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 (b),the person 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.(5) Subsection (4) 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.(6) A person —

who intentionally alters, suppresses or destroys any document or information which the person has been required by or under subsection (2) to produce or provide; or

who, in providing any document or information required by or under subsection (2), 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 $20,000 or to imprisonment for a term not exceeding 12 months or to both.(7) A person who, without reasonable excuse, fails to do anything required of the person under subsection (2) 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 6 months or to both.(8) A person is not excused from giving any information required under this section on the ground that the giving of the information might tend to incriminate the person or expose the person to a punishment.(9) However, where a person claims, before giving any information that the person is required under this section to give, that the giving of the information might tend to incriminate the person —

that information;

the giving of the information; and

any information, document or thing obtained as a direct or indirect consequence of the giving of the information,is not admissible in evidence against the person in any criminal proceedings other than proceedings for an offence under subsection (4) or (6)(b) or section 43A.”.