Singapore legislation

Regulation 19

of Organised Crime Regulations 2016

Regulation 19

Application of information‑gathering powers in CDSA

Amended byS 1063/2020 wef 02/01/2021S 1063/2020 wef 02/01/2021

Subregulation 1

Amended byS 1063/2020 wef 02/01/2021S 1063/2020 wef 02/01/2021

In addition to the modifications in section 72(2) of the Act, the provisions of the CDSA mentioned in section 72(1) of the Act apply for the purposes mentioned in section 72(1) of the Act subject to the following modifications:

(a)

except as otherwise stated in this regulation, a reference in those provisions of the CDSA to a provision of the CDSA is a reference to that provision of the CDSA as applied and modified by section 72 of the Act;

(b)

unless the context otherwise requires, expressions in those provisions of the CDSA that are defined in section 2 of the CDSA take the meaning given to them in that section;

(c)

the expression “items subject to legal privilege” in sections 30(4)(b)(ii), 30(9)(a), 31(3)(b)(ii) and 34(5) of the CDSA has the meaning given to it in section 2A of the CDSA;

(d)

the reference in sections 30, 32 and 34 of the CDSA to the court is a reference to the Court;

(e)

the reference in section 34(4)(b) of the CDSA to drug dealing or criminal conduct is a reference to organised crime activity;

(f)

the reference in section 42(4) of the CDSA to the powers conferred on the General Division of the High Court by section 16, 17 or 19 of the CDSA, is a reference to the powers conferred by the incorporated section 16, 17 or 19 (as the case may be) of the CDSA, and also by section 57, 58, 59 or 60 of the Act (as the case may be);

(g)

the reference in section 42(4) of the CDSA to a receiver appointed under section 16 or 19 of the CDSA or pursuant to a charging order under the CDSA, is a reference to a receiver appointed under the incorporated section 16 or 19 (as the case may be) of the CDSA, or pursuant to a charging order (as the case may be);

(h)

the reference in section 42(6) of the CDSA to the functions under the CDSA of the receiver or the General Division of the High Court is a reference to the functions under Part 9 of the Act of a receiver appointed under the incorporated section 16 or 19 (as the case may be) of the CDSA, or pursuant to a charging order, or of the Court (as the case may be);

(i)

the reference in section 56(1) of the CDSA to any information or matter obtained by an authorised officer in the performance of the authorised officer’s duties or the exercise of the authorised officer’s functions under the CDSA is a reference to any information or matter obtained by a law enforcement officer in the performance of the law enforcement officer’s functions or the exercise of the law enforcement officer’s functions under Part 9 of the Act.

Subregulation 2

In this regulation, a reference to an incorporated provision of the CDSA is a reference to that provision as applied and modified by section 72 of the Act.