Singapore legislation
Clause 4
Clause 4
Amendment of section 20
In the Code, in section 20 —
in subsection (2), after “by a financial institution” wherever it appears, insert “(other than a specified institution)”;
after subsection (2), insert —“(2A) Despite subsections (1) and (1A), a written order under subsection (1) or (1A) for the production of customer information by a specified institution, or access to customer information kept by a specified institution —
may only be made by —
a police officer of or above the rank of inspector;
an authorised person mentioned in paragraph (a) of the definition of “authorised person” in subsection (9); or
an authorised person mentioned in paragraph (b) of the definition of “authorised person” in subsection (9) who is investigating an offence under a specified law; and
may require the specified institution to monitor any account of a customer of the specified institution for a period of time and provide such information relating to the transactions carried out in the account during that period.”; and
replace subsection (9) with —“(9) In this section —“authorised person” means —
any person who is authorised in writing by the Commissioner of Police for the purposes of this section;
any officer of a prescribed law enforcement agency mentioned in paragraph (a), (b), (c) or (d) of the definition of “prescribed law enforcement agency” in this subsection, who is authorised in writing by the head of that law enforcement agency, for the purposes of this section; or
any other officer of a prescribed law enforcement agency mentioned in paragraph (e) of the definition of “prescribed law enforcement agency” in this subsection, who is authorised in writing by the head of that law enforcement agency, for the purposes of this section;“customer information” —
in relation to a bank or merchant bank, has the meaning given by section 40A of the Banking Act 1970; and a reference in that section to a bank is a reference to a bank or merchant bank;
in relation to a licensed trust company, means information protected under section 49 of the Trust Companies Act 2005; and
in relation to any other financial institution, means any information relating to, or any particulars of, an account of a customer of the financial institution or funds of a customer under management by the financial institution, but does not include any information that is not referable to any named person or group of named persons;“prescribed law enforcement agency” means —
the Inland Revenue Authority of Singapore;
the Foreign Manpower Management Division of the Ministry of Manpower or any department in the Ministry of Manpower charged with the duty of investigating offences or charging offenders;
the Singapore Customs;
the Gambling Regulatory Authority of Singapore; or
any other law enforcement agency prescribed, by order in the Gazette, by the Minister charged with the responsibility for that law enforcement agency;“specified institution” means a financial institution that is any of the following:
a bank or merchant bank within the meaning of section 2(1) of the Banking Act 1970;
a licensed trust company within the meaning of section 2 of the Trust Companies Act 2005;“specified law” means —
in relation to an offence investigated by the Inland Revenue Authority of Singapore —
the Goods and Services Tax Act 1993; or
the Income Tax Act 1947;
in relation to an investigation into an offence conducted by the Foreign Manpower Management Division of the Ministry of Manpower or any department in the Ministry of Manpower charged with the duty of investigating offences or charging offenders —
the Employment Agencies Act 1958;
the Employment of Foreign Manpower Act 1990; or
the Prevention of Human Trafficking Act 2014;
in relation to an offence investigated by the Singapore Customs —
the Chemical Weapons (Prohibition) Act 2000;
the Customs Act 1960;
the Free Trade Zones Act 1966;
the Regulation of Imports and Exports Act 1995;
the Strategic Goods (Control) Act 2002; or
the United Nations Act 2001; and
in relation to an offence investigated by the Gambling Regulatory Authority of Singapore —
the Casino Control Act 2006; or
the Gambling Control Act 2022.”.