Singapore legislation

Clause 6

of Criminal Procedure (Miscellaneous Amendments) Bill

Clause 6

Amendment of section 39

In the Code, in section 39 —

(a)

in subsection (1), replace “A police officer” with “Subject to subsection (1A), a police officer”;

(b)

after subsection (1), insert —“(1A) Where the data mentioned in subsection (1)(b) is customer information, an authorised person mentioned in subsection (1) must be —

(a)

an authorised officer mentioned in paragraph (a) of the definition of “authorised person” in subsection (6); or

(b)

an authorised officer mentioned in paragraph (b) of the definition of “authorised person” in subsection (6) who is investigating an offence under a specified law.”; and

(c)

replace subsection (6) with —“(6) In this section and section 40 —“authorised person” means —

(a)

a forensic specialist appointed under section 65A of the Police Force Act 2004, or any other person, who is authorised in writing by the Commissioner of Police for the purposes of this section or section 40 or both;

(b)

any officer of a prescribed law enforcement agency mentioned in paragraph (a), (b) or (c) 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

(c)

any other officer of a prescribed law enforcement agency mentioned in paragraph (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 section 40 or both;“customer information” —

(a)

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; and

(b)

in relation to a licensed trust company, means information protected under section 49 of the Trust Companies Act 2005;“prescribed law enforcement agency” means —

(a)

the Inland Revenue Authority of Singapore;

(b)

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;

(c)

the Singapore Customs; or

(d)

any other law enforcement agency prescribed, by order in the Gazette, by the Minister charged with the responsibility for that law enforcement agency;“specified law” means —

(a)

in relation to an offence investigated by the Inland Revenue Authority of Singapore —

(i)

the Goods and Services Tax Act 1993; or

(ii)

the Income Tax Act 1947;

(b)

in relation to an investigation of 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 —

(i)

the Employment Agencies Act 1958;

(ii)

the Employment of Foreign Manpower Act 1990; or

(iii)

the Prevention of Human Trafficking Act 2014; and

(c)

in relation to an offence investigated by the Singapore Customs —

(i)

the Chemical Weapons (Prohibition) Act 2000;

(ii)

the Customs Act 1960;

(iii)

the Free Trade Zones Act 1966;

(iv)

the Regulation of Imports and Exports Act 1995;

(v)

the Strategic Goods (Control) Act 2002; or

(vi)

the United Nations Act 2001.”.