Singapore legislation

Clause 42

of Social Residential Homes Bill

Clause 42

Power to obtain information from licensee, etc.

(1)

The powers in this section may be exercised only in relation to the following:

(a)

any licensee;

(b)

any employee or former employee of a licensee;

(c)

any key appointment holder or former key appointment holder of a licensee;

(d)

any person‑in‑charge or former person‑in‑charge of a licensable SRH;

(e)

any resident or former resident of a licensable SRH;

(f)

any individual found on any premises entered under section 41.

(2)

An inspecting officer or a compliance officer may by written notice require any person mentioned in subsection (1) to provide, within a reasonable period specified in the written notice, and in any form and manner that may be specified in the written notice, all documents and all information or material which —

(a)

relate to any matter which the inspecting officer or compliance officer considers necessary for any of the purposes of section 40(1); and

(b)

are —

(i)

within the knowledge of the person; or

(ii)

in the custody or under the control of the person.

(3)

The power to require a person mentioned in subsection (1) to provide any document or any information or material under subsection (2) includes the power —

(a)

to require the person to produce or grant access to the document or the information or material; (b)to require the person to provide an explanation of the document or the information or material;

(c)

if the document or the information or material is not produced, to require the person to state, to the best of the person’s knowledge, information and belief, where it is; and

(d)

if the information or material is recorded otherwise than in legible form, to require the information or material to be made available to the inspecting officer or compliance officer in legible form.

(4)

A person who, without reasonable excuse, fails to do anything required of the person by written notice under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(5)

A person who —

(a)

intentionally alters, suppresses or destroys any document or any information or material which the person is, has been or may be required by a written notice under subsection (2) to provide; or

(b)

in providing any document or any information or material required under subsection (2), makes any statement which the person knows or has reason to believe to be false or misleading in a material particular or recklessly makes the statement,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(6)

In any proceedings for an offence under subsection (4), it is a defence for the accused to prove, on a balance of probabilities, that the accused —

(a)

does not possess the document or the information or material required; and

(b)

has taken all reasonable steps available to the accused to obtain the document or the information or material required and has been unable to obtain that document or that information or material.

(7)

To avoid doubt, for the purposes of subsection (4), it is a reasonable excuse for a person to refuse or fail to provide any information or material, produce any document or answer any question if doing so might tend to incriminate the person.

Read in full context — Social Residential Homes Bill →