Digital Infrastructure Bill · As enacted · Part 6 · Enforcement
50. Power to enter premises under warrant, etc. — investigation officers
Official textFrom Singapore Statutes Online, unchanged
A Magistrate may, on the application of an investigation officer, issue a warrant in respect of any premises if the Magistrate is satisfied that there are reasonable grounds to suspect that there is on the premises any document, or any computer in which any document or information is contained or to which any information is available, being any document or information which —
has been required by an investigation officer under section 49 to be furnished, but has not been furnished in compliance with that requirement; or
if required by an investigation officer under section 49 to be furnished — will be concealed, removed, tampered with or destroyed.
If the Magistrate is also satisfied that there are reasonable grounds to suspect that there is on those premises any other document or computer mentioned in subsection (1) that relates to any matter relevant to the investigation concerned, the Magistrate may direct that the powers exercisable under the warrant extend to that other document or computer.
A warrant under subsection (1) may authorise a named investigation officer, and any other officer whom the Authority has authorised in writing to accompany the investigation officer —
to enter and search the premises specified in the warrant, using such force as is reasonably necessary for the purpose;
to take possession of, make copies of, or secure against interference, any document (or any part of it) that appears to be a document mentioned in subsection (1) or (2) (called in this subsection the relevant document);
to require any individual found in or on the premises to provide an explanation of any relevant document or, where applicable, to state, to the best of that individual’s knowledge and belief, where the relevant document may be found;
to require any relevant document that is stored in electronic form and accessible at the premises to be produced in a form that —
can be taken away; and
is visible and legible;
to access, inspect and check the operation of a computer on the premises specified in the warrant, if there are reasonable grounds to suspect that any document or information mentioned in subsection (1) or (2) is or has been contained in or available to the computer, or that the computer is a computer mentioned in subsection (1) or (2); (f)to use any computer mentioned in paragraph (e), or cause any such computer to be used —
to search any document or information that appears to be a document or any information mentioned in subsection (1) or (2), that is contained in or available to such computer; and
to make copies of any such document or information; and
to order —
any person whom the Authority or any person named in the warrant reasonably suspects of using, or of having used, a computer mentioned in paragraph (e);
any person having charge of, or otherwise concerned with the operation of, any such computer; or
any person whom the Authority or any person named in the warrant reasonably believes has knowledge of or access to any username, password or other authentication information required to gain access to any such computer,to provide assistance to gain access to the computer (including assistance through the provision of any username, password or other authentication information required to gain access to the computer).
An investigation officer who enters any premises in execution of the warrant may do one or more of the following at the premises:
to make a still or moving image or recording of the premises and any thing in or on the premises;
to take into or onto the premises any equipment and materials that the investigation officer requires for the purpose of exercising any power under this Act in relation to the premises;
to operate electronic equipment in or on the premises.
The warrant continues in force until the end of the period of one month beginning on the day on which it is issued.
If the owner or occupier of the premises is present when the investigation officer proposes to execute the warrant, the investigation officer must —
identify himself or herself to the owner or occupier;
show the owner or occupier the identification card of the investigation officer; and
give the owner or occupier a copy of the warrant.
Any individual who is present at any premises mentioned in the warrant must render all assistance and cooperation to an investigation officer as are necessary for the execution of the warrant or otherwise for the exercise of his or her powers under this Act in relation to those premises.
If there is no one at the premises when the investigation officer proposes to execute the warrant, the investigation officer must, before executing it —
take such steps as are reasonable in all the circumstances to inform the owner or occupier of the premises of the intended entry into the premises; and
where the owner or occupier is so informed, give the owner or occupier or the legal or other representative of the owner or occupier a reasonable opportunity to be present when the warrant is executed.
If the investigation officer is unable to inform the owner or occupier of the premises of the intended entry into the premises, the investigation officer must, when executing the warrant, leave a copy of it in a prominent place on the premises.
The investigation officer must —
prepare and sign a list of all documents and other things taken under subsection (3)(b) and (d) in execution of the warrant; and
give a copy of the list to the owner or occupier of the premises or the legal or other representative of the owner or occupier.
On leaving the premises after executing the warrant, the investigation officer must, if the premises are unoccupied or the owner or occupier of the premises is temporarily absent, leave the premises as effectively secured as the investigation officer found them.
Sections 370, 371 and 372 of the Criminal Procedure Code 2010 apply, with the necessary modifications, when an investigation officer seizes any thing under this section.
The power under subsection (4)(c) 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 that 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.
In this section —
“occupier”, in relation to any premises specified in a warrant under subsection (1), means a person whom the investigation officer named in the warrant reasonably believes to be the occupier of those premises;
“premises” includes any building or structure.
Part 7
Miscellaneous
Part 8
Related Amendments to Cybersecurity Act 2018
Part 9