Singapore legislation
Clause 94
Clause 94
Powers of entry, inspection and search, etc. — investigation officers
(1)
An investigation officer may, at any time and without notice and without warrant, enter, inspect and search any premises or conveyance which the investigation officer reasonably believes to be —
owned or occupied by a person; or
where any activity is being or has been conducted or carried on by a person,for the purpose of —
investigating an offence under this Act or a contravention of or non‑compliance with a provision of this Act; or
assessing whether the practices of a person are in compliance with this Act or an applicable code of practice.
(2)
For the purposes of subsection (1), the investigation officer may do all or any of the following:
inspect or examine any thing or observe any activity conducted in or on the premises or conveyance;
make a still or moving image or recording of the premises or conveyance and any thing in or on the premises or conveyance;
inspect and make copies of or take extracts from, or require the occupier or any person having the management or control of the premises or conveyance to provide copies of or extracts from, any book, document, record or electronic material;
inspect and make copies of or take extracts from, or require the occupier or any person having the management or control of the premises or conveyance to provide copies of or extracts from, health information about any individual in the possession or under the control of the occupier or person, even though the prior consent of that individual has not been obtained;
take into or onto the premises or conveyance any equipment and material that the investigation officer requires for the purpose of exercising any power under this Act in relation to the premises or conveyance;
operate electronic equipment in or on the premises or conveyance;
seize any document or thing if all of the following are satisfied:
the investigation officer has reasonable grounds to believe that the document or thing is —
evidential material relevant to, or is intended to be used for the purpose of committing, an offence under this Act or a contravention of or non‑compliance with a provision of this Act; or
evidential material relevant to assessing a person’s compliance with this Act or an applicable code of practice;
it is necessary to seize the document or thing in order to prevent it from being concealed, lost or destroyed.
(3)
The power under subsection (2)(f) to operate electronic equipment in or on any premises or conveyance includes the power —
to use a disk, tape or other storage device that is in or on the premises or conveyance and can be used with the equipment or in association with the equipment;
to operate electronic equipment in or on the premises or conveyance to put the relevant data in documentary form and remove the documents so produced from the premises or conveyance; and
to operate electronic equipment in or on the premises or conveyance to transfer the relevant data to a disk, tape or other storage device that —
is brought to the premises or conveyance for the exercise of the power; or
is in or on the premises or conveyance and the use of which for that purpose has been agreed in writing by the occupier of the premises or conveyance,and to remove the disk, tape or other storage device from those premises or that conveyance.
(4)
Any individual who is present at any premises or conveyance mentioned in subsection (1) must render all assistance and cooperation to an investigation officer as are necessary for an entry, inspection or investigation or otherwise for the exercise of his or her powers under this Act in relation to those premises or that conveyance.
(5)
An investigation officer may for a purpose in subsection (1)(c) or (d) —
require any person —
to provide any information within the person’s knowledge; or
to produce any book, document, record, electronic material, article or thing within the person’s possession for inspection by the investigation officer and for him or her to make copies of the book, document or other record, or to provide the investigation officer with copies of the book, document or other record;
orally examine any person who appears to be acquainted with the facts and circumstances of any contravention or suspected contravention of a provision under this Act, and must —
reduce to writing any statement made by the person so examined;
read the statement over to the person so examined;
if the person does not understand English, interpret, or cause to be interpreted, the statement in a language that the person understands; and
require the person so examined to sign the statement, after correction, if necessary; and
require, by written order, the attendance before the investigation officer of any person, being within the limits of Singapore, who, from information given or otherwise, appears to be acquainted with the facts and circumstances of any matter under this Act, and that person must attend as so required.
(6)
A person examined under this section must state truly the facts and circumstances with which the person is acquainted, except only that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture.