Singapore legislation

Clause 6

Power to require information, etc.

(1)

The competent authority may exercise the powers in subsection (2) for the purpose of determining one or more of the following matters:

(a)

whether there are grounds for the Minister to perform any function conferred on the Minister by this Act;

(b)

whether there are grounds for the competent authority to perform any function conferred on the competent authority by this Act;

(c)

whether a designated entity has complied with the provisions of Part 4 (including the regulations made for the purposes of that Part);

(d)

whether a restraining order has been complied with;

(e)

whether any information or document provided to the competent authority under this section is correct and complete.

(2)

The competent authority may give a written notice to a person to require the person to do one or both of the following:

(a)

to answer any question by the competent authority, or a public officer authorised by the competent authority, to the best of the person’s knowledge, information and belief, and to do so —

(i)

in person at the specified time and place; or

(ii)

in writing and within the specified time;

(b)

to give to the competent authority, or a public officer authorised by the competent authority, within the specified time and in the specified manner, any document that the competent authority has reason to believe is in the possession, custody or control of the person, and to do so without charge.

(3)

The powers in subsection (2) include the power to require —

(a)

an explanation of any document;

(b)

any information about the location of any document;

(c)

any password, access code or other information required to access any document; and

(d)

a legible copy of any document that is illegible or any information that is given in an illegible form.

(4)

An oral statement made by a person in response to a notice under subsection (2) 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 the person understands; and

(d)

be signed by the person after any necessary correction.

(5)

The competent authority may keep without charge —

(a)

a document produced in response to a notice under subsection (2); and

(b)

any copy or extract of the document.

(6)

A person is not excused from giving any information or document required by a notice under subsection (2) even if the information or document might tend to incriminate the person.

(7)

If a person —

(a)

gives any information or document to the competent authority in response to a notice under subsection (2); and

(b)

before doing so, claims that the information or document might tend to incriminate the person,the information or document is not admissible in evidence against the person in any proceedings for any offence other than —

(c)

an offence under section 7; or

(d)

any offence under any other written law in respect of the falsity of the information or document.

(8)

In this section and section 7, “document” includes —

(a)

a document in electronic or digital form; and

(b)

an image or a sound recording.

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