34A.—(1) Despite section 34, a police officer or an enforcement officer may, without warrant, exercise the enforcement powers in that section and special enforcement powers under this section, in relation to a place where the police officer or enforcement officer —
(a)
suspects on reasonable grounds that any of the following offences has been or is being committed in or on that place:
(i)
an offence under section 6(2) for contravening section 6(1)(c);
(ii)
an offence under section 21(1), 29(1), (2), (3) or (4), 30(1) or (2), 31(1) or (2), 32(1), 33 or 35(2); or
(b)
has reasonable cause to believe that —
(i)
evidence of the commission of an offence mentioned in paragraph (a)(i) or (ii) can be found in or on that place; and
(ii)
it is necessary to secure the evidence in order to prevent it from being concealed, lost or destroyed.
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(2) The following are the special enforcement powers that a police officer or an enforcement officer may exercise in relation to a place under subsection (1):
(a)
to enter the place, using such force as is reasonably necessary to obtain entry to the place, and to search the place;
(b)
to detain any individual found in or on the place until the search of the place is complete;
(c)
to seize any film, advertisement for a film, document, or equipment that is used in the commission of any offence specified in subsection (1)(a) and found in or on the place, and that the officer reasonably suspects is evidential material.
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(3) Any person claiming any thing seized under this section or section 34 may, within 48 hours after the seizure, complain about it to a Magistrate, who may determine the matter as follows:
(a)
by confirming or disallowing the seizure in whole or part;
(b)
by ordering that the thing seized be restored to its owner, subject to such condition which the Magistrate may think fit to impose to ensure that the seized thing is preserved for any purpose for which it may subsequently be required;
(c)
by ordering payment to be made to the owner of the thing seized of an amount that the Magistrate considers will compensate the owner for any loss or depreciation resulting from the seizure.
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(4) Subject to subsection (3), sections 370, 371 and 372 of the Criminal Procedure Code 2010 apply, with the necessary modifications, when a police officer or an enforcement officer seizes any thing under this section or section 34.
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False information and obstruction of performance of official duties
34B.—(1) If —
(a)
a person furnishes a document or gives information (whether orally or in writing) to the Minister, the Authority, the Committee of Appeal, a classification officer or a licensing officer;
(b)
the document is furnished, or the statement is made or the information is given, for or in connection with —
(i)
an application (whether for that person or for another) for a licence, a permit under section 12 or a renewal of such a licence or permit;
(ii)
an application (whether for that person or for another) for approval under section 22A;
(iii)
an application to register as a film content assessor under section 19, or to renew such registration;
(iv)
a representation made under section 7(5) or 20B(3), or pursuant to a written notice under section 10A(5) or 11(3); or
(v)
an appeal under section 24 or 28;
(c)
the document, statement or information is false or misleading, or the statement or information omits any matter or thing without which the statement or information (as the case may be) is misleading; and
(d)
the person knows, or ought reasonably to know, that the document is false or misleading, or that the statement or information is as described in paragraph (c),
the person 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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(2) Subsection (1) does not apply if the document, statement or information is not false or misleading in a material particular, or if the statement or information does not omit any matter or thing without which the statement or information (as the case may be) is misleading in a material particular.
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(3) A person who knowingly obstructs or prevents, or attempts to obstruct or prevent —
(a)
a classification officer or a licensing officer in the discharge of his or her powers or duties under this Act or its subsidiary legislation;
(b)
an enforcement officer from exercising any of the officer’s powers under section 23, 34 or 34A; or
(c)
a police officer from exercising any of the officer’s powers under section 34A,
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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(4) A person —
(a)
who intentionally alters, suppresses or destroys any document or information that the person has been required by or under section 34(3)(k) or (4) to furnish; or
(b)
who, in furnishing any document or information required by or under section 34(3)(k) or (4), makes any statement that 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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(5) A person who, without reasonable excuse, fails to do anything required of the person under section 34(3)(k) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
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(6) To avoid doubt, for the purposes of subsection (5), it is a reasonable excuse for a person to refuse or fail to produce any document, furnish any information or answer any question if doing so might tend to incriminate that person.
