23.—(1) The Authority, an enforcement officer, or a classification officer or licensing officer, may by written notice require any licensee or other person (called a person of interest) to furnish, within a reasonable period and in the form and manner specified in the notice, all documents and information that —
(a)
relate to any matter which the Authority considers necessary —
(i)
to ensure that the provisions of this Act and its subsidiary legislation, or any conditions imposed on a licence or classification certificate, are being complied with; or
(ii)
to otherwise carry out the functions or duties of or assigned to the Authority by or under this Act; and
(b)
are within the knowledge of that licensee or person of interest, or in or under the custody or control of that licensee or person, as the case may be.
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(2) The power to require a licensee or person of interest to furnish any document or information under subsection (1) includes the power —
(a)
to require that licensee or person of interest, or any individual who is or was an officer, agent or employee of the licensee or person of interest, to provide an explanation of the document or information;
(b)
if the document or information is not furnished, to require the licensee or person of interest, or that individual mentioned in paragraph (a), to state, to the best of the knowledge and belief of that licensee, person or individual, where the document or information is; and
(c)
if the information is recorded otherwise than in legible form, to require the information to be made available to the Authority, enforcement officer, or classification officer or licensing officer (as the case may be) in legible form.
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(3) The Authority is entitled without payment to keep any document or information, or any copy or extract thereof, furnished to it under subsection (1).
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(4) For the purpose of determining whether the provisions of this Act and its subsidiary legislation or any conditions imposed on a licence or classification certificate, are being complied with, an enforcement officer is entitled, at all reasonable times, to full and free access to any place which the enforcement officer reasonably believes is a place where films are distributed or publicly exhibited and —
(a)
to examine or observe any activity conducted in or on the place;
(b)
to inspect and examine any thing in or on the place;
(c)
to make any still or moving image or any recording of the place or any thing in or on the place;
(d)
to inspect any document in the place and take extracts from, or make copies of, any such document;
(e)
to take into or onto the place such equipment and materials as the enforcement officer requires for the purpose of exercising powers in relation to the place;
(f)
to operate electronic equipment in or on the place;
(g)
to secure a thing for a period not exceeding 24 hours if the thing is found in or on the place, where the enforcement officer believes on reasonable grounds that —
(i)
the thing is evidential material, or is used or intended to be used for the purpose of contravening any conditions imposed on a licence or classification certificate; and
(ii)
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; and
(h)
to require any individual found in or on the place to answer any question (to the best of that individual’s knowledge, information and belief) and to furnish any document or information.
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(5) The power under subsection (4)(f) to operate electronic equipment in or on any place includes the power —
(a)
to use a disk, tape or other storage device that is in or on the place and can be used with the equipment or in association with the equipment;
(b)
to operate electronic equipment in or on the place to put the relevant data in documentary form and remove the documents so produced from the place; and
(c)
to operate electronic equipment in or on the place to transfer the relevant data to a disk, tape or other storage device that —
(i)
is brought to the place for the exercise of the power; or
(ii)
is in or on the place and the use of which for that purpose has been agreed in writing by the occupier of the place,
and to remove the disk, tape or other storage device from that place.
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(6) The power under subsection (4)(g) to secure any thing which is found during the exercise of enforcement powers in or on any place includes the power —
(a)
to secure the thing by locking it up, placing a guard or any other means; and
(b)
to prohibit any person from dealing with such thing.
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(7) A person —
(a)
who intentionally alters, suppresses or destroys any document or information which the person has been required by a notice under subsection (1), or under subsection (4)(h), to furnish; or
(b)
who, in furnishing any document or information required under subsection (1), or under subsection (4)(h), makes any statement which the person knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular,
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.
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(8) A person who, without reasonable excuse, fails to do anything required of the person by notice under subsection (1), or under subsection (4)(h), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
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(9) However, an individual or a person is not subject to a requirement under subsection (4)(h) or (8) if —
(a)
the individual or person does not possess the document or information required; or
(b)
the individual or person has taken all reasonable steps available to the individual or person to obtain the document or information required and has been unable to obtain it.
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(10) To avoid doubt, for the purposes of subsection (8), it is a reasonable excuse for a person to refuse or fail to furnish any information, produce any document or answer any question if doing so might tend to incriminate that person.
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(11) The references in this section —
(a)
to a licensee include a reference to every person who is a class licensee or who is registered as a film content assessor; and
(b)
to documents or information include a reference to any film (whether classified or not) and any advertisement for a film.
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Powers for enforcement purposes
34.—(1) This section provides for the enforcement powers that an enforcement officer may exercise for either or both of the following purposes:
(a)
determining whether the following are being complied with:
(i)
the provisions of this Act and its subsidiary legislation;
(ii)
any conditions imposed on a licence or classification certificate;
(b)
determining whether information furnished to the Authority under a provision of this Act or its subsidiary legislation is correct.
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(2) However, an enforcement officer is not authorised by this section —
(a)
to enter a place for a purpose in subsection (1) unless —
(i)
the occupier of the place consents to the entry; or
(ii)
the entry is made under a warrant of a court;
(b)
to search a place for a purpose in subsection (1) unless the search is made under a warrant of a court; or
(c)
to seize any thing in or on any place for a purpose in subsection (1) unless the seizure is made under a warrant of a court.
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(3) Subject to subsection (2), the following are the enforcement powers that an enforcement officer may exercise in relation to a place for a purpose in subsection (1):
(a)
to enter any place;
(b)
to search the place and any thing in or on the place;
(c)
to examine or observe any activity conducted in or on the place;
(d)
to inspect and examine any thing in or on the place;
(e)
to make any still or moving image or any recording of the place or any thing in or on the place;
(f)
to inspect any document in the place and to take extracts from, or make copies of, any such document;
(g)
to take into or onto the place such equipment and materials as the enforcement officer requires for the purpose of exercising powers in relation to the place;
(h)
to operate electronic equipment in or on the place;
(i)
to secure a thing for a period not exceeding 24 hours if the thing is found in or on the place during the exercise of enforcement powers and the enforcement officer believes on reasonable grounds that —
(i)
the thing is evidential material, or is intended to be used for the purpose of contravening any conditions imposed on a licence or classification certificate; and
(ii)
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;
(j)
to seize any thing that is found in or on the place during the exercise of enforcement powers that the enforcement officer reasonably suspects is evidential material;
(k)
to require any individual found in or on the place to answer any question (to the best of that individual’s knowledge, information and belief) and to furnish any document or information.
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(4) In addition, an enforcement officer may, for a purpose in subsection (1), require any person in Singapore whom the enforcement officer has reason to believe to be acquainted with any facts or circumstances relevant to that purpose to attend before the enforcement officer to answer any question (to the best of that person’s knowledge, information and belief) and to furnish any document or information.
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(5) The power under subsection (3)(h) to operate electronic equipment in or on any place includes the power —
(a)
to use a disk, tape or other storage device that is in or on the place and can be used with the equipment or in association with the equipment;
(b)
to operate electronic equipment in or on the place to put the relevant data in documentary form and remove the documents so produced from the place; and
(c)
to operate electronic equipment in or on the place to transfer the relevant data to a disk, tape or other storage device that —
(i)
is brought to the place for the exercise of the power; or
(ii)
is in or on the place and the use of which for that purpose has been agreed in writing by the occupier of the place,
and to remove the disk, tape or other storage device from that place.
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(6) The power under subsection (3)(i) to secure any thing which is found during the exercise of enforcement powers in or on any place includes the power —
(a)
to secure the thing by locking it up, placing a guard or any other means; or
(b)
to prohibit any person from dealing with the thing.
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(7) The power under subsection (3)(j) to seize any thing under warrant includes the power to seize any thing which is similarly so found that is not evidential material of the kind specified in the warrant if —
(a)
in the course of searching for the kind of evidential material specified in the warrant, the enforcement officer finds the thing; and
(b)
the thing is evidential material for another offence under this Act or its subsidiary legislation.
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(8) Sections 370, 371 and 372 of the Criminal Procedure Code 2010 apply, with the necessary modifications, when an enforcement officer seizes any thing under subsection (3)(j).
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(9) However, an individual or person is not subject to a requirement under subsection (3)(k) or (4) if —
(a)
the individual or person does not possess the document or information required; or
(b)
the individual or person has taken all reasonable steps available to the individual or person to obtain the document or information required and has been unable to obtain it.
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(10) Any statement made by any individual in answer to a question under subsection (3)(k) or (4) must —
(a)
be reduced to writing;
(b)
be read over to the individual;
(c)
if the individual does not understand English, be interpreted in a language that the individual understands; and
(d)
after correction, if necessary, be signed by that individual.
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(11) An enforcement officer may be assisted by other individuals in exercising enforcement powers under this section or section 34A if that assistance is necessary and reasonable.
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(12) The references in this section to documents or information include a reference to any film (whether classified or not) and any advertisement for a film.
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Protection from personal liability
36. No liability shall lie personally against any member of the Committee of Appeal who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act.
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Service of documents
37.—(1) A document that is permitted or required by or under this Act to be served on a person may be served as described in this section.
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(2) A document may be served on an individual —
(a)
by giving it to the individual personally;
(b)
by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address;
(c)
by leaving it at the individual’s residential address with an adult person apparently residing there, or at the individual’s business address with an adult person apparently employed there;
(d)
by affixing a copy of the document in a conspicuous place at the individual’s residential or business address;
(e)
by sending it by fax to the fax number given by the individual as the fax number for the service of documents under this Act; or
(f)
by sending it by email to the individual’s email address.
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(3) A document may be served on a partnership (other than a limited liability partnership) —
(a)
by giving it to any partner or other similar officer of the partnership;
(b)
by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address;
(c)
by sending it by fax to the fax number used at the partnership’s business address; or
(d)
by sending it by email to the partnership’s email address.
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(4) A document may be served on a body corporate (including a limited liability partnership) or an unincorporated association —
(a)
by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager;
(b)
by leaving it at, or by sending it by prepaid registered post to, the body corporate’s or unincorporated association’s registered office or principal office in Singapore;
(c)
by sending it by fax to the fax number used at the body corporate’s or unincorporated association’s registered office or principal office in Singapore; or
(d)
by sending it by email to the body corporate’s or unincorporated association’s email address.
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(5) Service of a document on a person under this section takes effect —
(a)
if the document is sent by fax and a notification of successful transmission is received, on the day of the transmission;
(b)
if the document is sent by email, at the time that the email becomes capable of being retrieved by the person; and
(c)
if the document is sent by prepaid registered post, on the second day after the day the document was posted (even if it is returned undelivered).
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(6) A document may be served on a person under this Act by email only with that person’s prior written consent.
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(7) This section does not apply to documents to be served in proceedings in court.
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(8) In this section —
“business address” means —
(a)
in the case of an individual, the individual’s usual or last known place of business in Singapore; and
(b)
in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore;
“email address” means the last email address given by the addressee concerned as the email address for the service of documents under this Act;
“residential address” means an individual’s usual or last known place of residence in Singapore.
