Debt Collection Act 2022 · Updated to 1 Dec 2023 · Part 4 · Administration and Enforcement
30. Powers of entry, etc., at premises
Official textFrom Singapore Statutes Online, unchanged
An inspecting officer or a compliance officer may, in accordance with subsections (3) and (4), enter any premises occupied by a relevant person which the inspecting officer or compliance officer reasonably believes are used for or in connection with the conduct of any debt collection business or regulated business, and do all or any of the following at the premises:
inspecting officer
“inspecting officer” means the Licensing Officer, an Assistant Licensing Officer, an authorised officer or a police officer;
examine any thing or observe any activity conducted in or on the premises;
make a still or moving image or recording of the premises and any thing in or on the premises;
inspect any document in or on the premises and take extracts from, or make copies of, any such document;
take into or onto the premises any equipment and material that the inspecting officer or compliance officer requires for the purpose of exercising any power in relation to the premises;
operate electronic equipment in or on the premises;
require any individual found in or on the premises to answer any question (to the best of that individual’s knowledge, information and belief) and to provide any document or information that the inspecting officer or compliance officer reasonably requires for any of the purposes of section 29(1).
The inspecting officer mentioned in subsection (1) may also, in accordance with subsection (4) —
search the premises and any thing in or on the premises;
secure a thing for a period not exceeding 24 hours if the thing is found in or on the premises, where the inspecting officer believes on reasonable grounds that —
the thing is evidential material that the inspecting officer reasonably requires for any of the purposes of section 29(1); and
it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; or
seize any thing found in or on the premises which the inspecting officer reasonably suspects is as described in paragraph (b)(i).
A compliance officer is not authorised to enter any premises which are not premises mentioned in subsection (1) to exercise any power mentioned in that provision except —
compliance officer
“compliance officer” means an individual appointed under section 4(1);
with the consent of the occupier; or
under a warrant of a Magistrate’s Court or District Court.
An inspecting officer —
is not authorised to enter any premises which are not premises mentioned in subsection (1) to exercise any power mentioned in subsection (1) or (2)(a) or (b), except —
with the consent of the occupier; or
under a warrant of a Magistrate’s Court or District Court; and
is not authorised to seize any thing in or on any premises unless the seizure is made under a warrant of a Magistrate’s Court or District Court.
A warrant mentioned in subsection (3) may be issued if a Magistrate’s Court or District Court is satisfied that it is necessary for a compliance officer to enter any premises to exercise any power mentioned in subsection (1) for any of the purposes of section 29(1).
A warrant mentioned in subsection (4) may be issued if a Magistrate’s Court or District Court is satisfied that it is necessary for an inspecting officer to enter any premises to exercise any power mentioned in subsection (1) or (2)(a) or (b) or seize any thing (as the case may be) for any of the purposes of section 29(1).
The power under subsection (1)(e) to operate electronic equipment in or on any premises includes the power —
to use a disk, tape or other storage device that is in or on the premises and can be used with the equipment or in association with the equipment;
to operate electronic equipment in or on the premises to put the relevant data in documentary form and remove the documents so produced from the premises; and
to operate electronic equipment in or on the premises to transfer the relevant data to a disk, tape or other storage device that —
is brought to the premises for the exercise of the power; or
is in or on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises,and to remove the disk, tape or other storage device from those premises.
The power under subsection (2)(b) to secure any thing which is found during the exercise of enforcement powers in or on any premises includes the power —
to secure the thing by locking it up, placing a guard or any other means; and
to prohibit any person from dealing with the thing.
The power to require an individual to provide any document or information under subsection (1)(f) includes the power —
to require that individual to provide an explanation of the document or information;
if the document or information is not provided, to require that individual to state, to the best of the individual’s knowledge and belief, where it is; and
if the information is recorded otherwise than in legible form, to require the information to be made available to the inspecting officer or compliance officer in legible form.
In this section, “relevant person” means —
a person to whom a licence is or was granted;
a person who is or was a class licensee;
an individual who is or was a key appointment holder of a person mentioned in paragraph (a) or (b);
an individual who is or was deployed as a debt collector of a person mentioned in paragraph (a) or (b);
an individual who is or was employed in any capacity (other than as a debt collector) by a person mentioned in paragraph (a) or (b); or
a person whom an inspecting officer or a compliance officer suspects on reasonable grounds has committed an offence under this Act.
Terms defined in s 2
class licensee
Defined · s 2“class licensee” means a person to whom an order under section 14(1) applies;
compliance officer
Defined · s 2“compliance officer” means an individual appointed under section 4(1);
debt collection business
Defined · s 2“debt collection business” means the business carried on by a person of collecting any debt from a debtor —(a)on behalf of another person; or(b)where the firstmentioned person has acquired the debt;
debt collector
Defined · s 2“debt collector” means an individual who carries out any debt collection activity for or on behalf of another person;
inspecting officer
Defined · s 2“inspecting officer” means the Licensing Officer, an Assistant Licensing Officer, an authorised officer or a police officer;
key appointment holder
Defined · s 2“key appointment holder”, in relation to an entity, means any of the following persons:(a)where the entity is a corporation —(i)a member of the board of directors or committee or board of trustees or other governing board of the corporation; or(ii)an individual for the time being holding the office of chairperson or chief executive officer of the corporation;(b)where the entity is a sole proprietorship — the sole proprietor;(c)where the entity is a partnership or limited partnership — a partner of the partnership or limited partnership, as the case may be;(d)where the entity is a limited liability partnership — a partner or manager of the limited liability partnership;(e)any person, other than a person mentioned in paragraph (a), (b), (c) or (d), by whatever name called, who is principally responsible for the management and conduct of the entity’s business activities;
regulated business
Defined · s 2“regulated business” means a business specified in Part 2 of the First Schedule.
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