Singapore legislation

Clause 9

of Skills Development Levy (Amendment) Bill

Clause 9

New section 15A

The principal Act is amended by inserting, immediately after section 15, the following section: “Powers of inspectors15A.—

(1)

An inspector may, for the purpose of investigating an offence under this Act or any regulations made under this Act, exercise all or any of the following powers: (a)the powers conferred on an authorised person under section 15(2), (3) and (4) as if a reference to an authorised person in those provisions were a reference to an inspector;

(b)

the powers under subsection (2). (2) An inspector may —

(a)

require any person whom the inspector reasonably believes to have committed the offence to provide evidence of the person’s identity;

(b)

require, by written order, the attendance before the inspector of any person within the limits of Singapore who, from any information given or otherwise obtained by the inspector, appears to be acquainted with the circumstances of the case;

(c)

examine orally any person reasonably believed to be acquainted with the facts or circumstances of the case or with such other matter as the inspector may specify, and reduce to writing the answer given or statement made by that person;

(d)

without charge, search for, seize and remove any document (subject to paragraph (e) in relation to a document kept in electronic form) or thing from any premises, as the inspector may consider necessary; and

(e)

if the inspector is unable to make copies of or take extracts from any document, or transfer the information from any document, in exercise of the powers under section 15(4)(b) —

(i)

seize the computer or other equipment (including a mobile telephone, thumb drive or hard disk) in which the document is stored, as evidence in proceedings for an offence mentioned in subsection (1); and

(ii)

require any person having charge of, or otherwise concerned with the operation of, the computer or other equipment to disclose any password or access code for gaining access to the document stored in the computer or other equipment.(3) Any person examined under this section is bound to state truly what the person knows of the facts and circumstances concerning matters under this Act or any regulations made under this Act, except that the person need not say anything that might expose him or her to a criminal charge, penalty or forfeiture. (4) A statement made by any person examined under this section must —

(a)

be reduced to writing; (b)be read over to the person; (c)if the person does not understand English, be interpreted in a language that he or she understands; and

(d)

after correction (if necessary), be signed by the person. (5) This section applies in relation to any investigation into an offence under this Act (other than an offence under the repealed section 12) that commences on or after the date of commencement of section 9 of the Skills Development Levy (Amendment) Act 2023, whether the offence was committed before, on or after that date. (6) In subsection (5), “repealed section 12” means section 12 of this Act as in force immediately before the date of commencement of section 6 of the Skills Development Levy (Amendment) Act 2023.”.