Singapore legislation
Section 31Q
Section 31Q
Monitoring and enforcement powers
(1)
For the purpose of the administration and enforcement of this Part, any enforcement officer, officer of customs or immigration officer or, subject to subsection (12), any assisting officer may —
at any time and without warrant enter, inspect and search any premises that are being used, or that the officer concerned has reason to suspect are being used, for or in connection with any purpose that is in contravention of this Part;
at any time and without warrant stop, board, inspect and search any conveyance that is being used, or that the officer concerned has reason to suspect is being used, for or in connection with any purpose that is in contravention of this Part;
in accordance with such procedure as may be prescribed and without payment, take for evaluation a sample of any essential construction material that is found pursuant to an inspection or a search under paragraph (a) or (b);
seize any other substance or article which the officer concerned has reasonable cause to believe to be a substance or an article in relation to which, or by means of which, an offence under this Part is being or has been committed;
require any person —
to furnish any information within his knowledge; and
to produce for inspection any shipping bill, bill of lading or other document or record within his possession,that the officer concerned believes on reasonable grounds to be connected with any suspected contravention of this Part or to be otherwise relevant to the administration or enforcement of this Part;
retain the original copy of any shipping bill, bill of lading or other document or record that the officer concerned believes on reasonable grounds to be connected with any suspected contravention of this Part or to be otherwise relevant to the administration or enforcement of this Part, or make or cause to be made, without payment, copies of or extracts from such document or record; and
by notice in writing require any person having in his possession any essential construction material that is imported or intended for use or supply to submit, at the Authority’s own expense, a sample of such essential construction material to an authorised analyst for evaluation for the purposes of this Part.
(2)
In exercising his power under subsection (1)(a) or (b), an enforcement officer, officer of customs, immigration officer or any assisting officer may —
require the owner or occupier of any premises or conveyance being inspected to provide all reasonable assistance to the officer concerned for the purpose of the inspection; and
if the circumstances so warrant, with such assistance as he thinks necessary, break open any door, window, lock, fastener, hold, compartment, box, container or any other thing,and any person who fails to comply with any requirement of an enforcement officer, officer of customs, immigration officer or assisting officer under paragraph (a) 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 6 months or to both.
(3)
The Authority may, by notice in writing, require any licensee who imports or supplies any essential construction material to cease (whether immediately or within such time as the Authority may specify) the import or supply of such material if —
a sample of the essential construction material has been taken or obtained under subsection (1)(c) for evaluation or has been required to be submitted under subsection (1)(g) for evaluation; and
pending the result of that evaluation, the Authority is of the opinion that it is necessary to prevent any more of such essential construction material from further being imported or supplied.
(4)
Where any item has been seized under subsection (1)(d) —
the enforcement officer, officer of customs, immigration officer or assisting officer who seized the item shall immediately give notice in writing of the seizure to the person from whom the item was seized, if the name and address of that person are known;
any person claiming the item seized may within 48 hours after the seizure complain thereof to a Magistrate, and the complaint may be heard and determined by the Magistrate who may —
confirm the seizure wholly or in part;
disallow the seizure wholly or in part;
order that the item seized be restored to its owner, subject to such condition which the Magistrate may think fit to impose to ensure that the item is preserved for any purpose for which it may subsequently be required; or
order payment to be made to the owner of the item seized of such amount as the Magistrate considers will compensate him for any loss or depreciation resulting from the seizure;
in the absence of any claim under paragraph (b) or pending the determination of any such claim, the item may be kept or stored in the premises or conveyance where it was seized or may, at the direction of the enforcement officer, officer of customs, immigration officer or assisting officer, be removed to any other place to be kept or stored thereat; and
the enforcement officer, officer of customs, immigration officer or assisting officer, as the case may be, may mark, seal or label the item in such manner as he thinks fit for the purpose of indicating that the item is under detention, and lock or seal the premises or conveyance in which the item is being detained.
(5)
Any person who, without the authority of an enforcement officer, officer of customs, immigration officer or assisting officer —
interferes, tampers with, removes, distributes, sells or otherwise disposes of any item seized under subsection (1)(d);
alters, counterfeits, defaces, destroys, erases or removes any mark, seal or label placed by the enforcement officer, officer of customs, immigration officer or assisting officer on the item under subsection (4)(d); or
opens, breaks or otherwise tampers with the lock or seal placed by the enforcement officer, officer of customs, immigration officer or assisting officer on any premises or conveyance or part thereof under subsection (4)(d),shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
(6)
For the purposes of subsection (1)(e), where any document or record required by an enforcement officer, officer of customs, immigration officer or assisting officer is kept in electronic form, then —
the power of the officer concerned to require such document or record to be produced for inspection includes the power to require a copy of the document or record to be made available for inspection in legible form (and subsection (1)(f) shall accordingly apply in relation to any copy so made available); and
the power of the officer concerned to inspect such document or record includes the power to require any person on the premises in question to give the officer concerned such assistance as the officer may reasonably require to enable him to inspect and make copies of the document or record in legible form or to make records of the information contained therein.
(7)
Any copy of or extract from any document or record made under subsection (1)(f) and certified as such by the enforcement officer, officer of customs, immigration officer or assisting officer shall be admissible as evidence in any proceedings under this Part.
(8)
Any person who, when required by an enforcement officer, officer of customs, immigration officer or assisting officer under subsection (1)(e) to furnish any information or produce for inspection any document or record, refuses or fails, without reasonable excuse, to furnish the information or to produce the document or record within the time allowed by the officer concerned 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 6 months or to both.
(9)
Any person who, when required by an enforcement officer, officer of customs, immigration officer or assisting officer under subsection (1)(e) to furnish any information or produce any document or record, in compliance or purported compliance with such requirement, furnishes the officer concerned with any information, document or record which he knows is false or misleading shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
(10)
Any person who fails, without reasonable excuse, to comply with any notice in writing given to him —
by an enforcement officer, officer of customs, immigration officer or assisting officer under subsection (1)(g); or
by the Authority under subsection (3),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 6 months or to both.
(11)
All samples of any material taken in accordance with subsection (1)(c) or (g) shall be dealt with as prescribed.
(12)
Notwithstanding anything in this section, an assisting officer who is neither a police officer, an officer of customs nor an immigration officer is not authorised by this section to assist in searching or arresting any person.