PART 6 | ASSISTANCE BY BORDER AUTHORITIES |
| Division 1 — Preliminary provisions |
[Act 34 of 2018 wef 21/11/2022] | Interpretation of this Part |
55. In this Part, unless the context otherwise requires —| “aircraft” has the same meaning as in section 2 of the Regulation of Imports and Exports Act 1995; |
“authorised officer” means —| (a) | an officer of customs as defined in section 3(1) of the Customs Act 1960; or | | (b) | any officer or class or description of officers appointed by the Minister by notification in the Gazette to exercise the powers and perform the duties conferred and imposed on an authorised officer by this Part; |
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| “conveyance” has the same meaning as in section 2 of the Regulation of Imports and Exports Act 1995; |
| [Deleted by Act 34 of 2018 wef 21/11/2022] |
| “Director-General” means the Director‑General of Customs appointed under section 4(1) of the Customs Act 1960; |
| “goods in transit” means goods imported, whether or not landed or transhipped within Singapore, which are to be carried to another country either by the same or another conveyance; |
| “infringement action” means an action under section 4 concerning the importation or exportation of seized goods; [Act 34 of 2018 wef 21/11/2022] |
| “requestor” means a person who gives a written notice under section 56(1) to the Director‑General; |
“retention period”, in relation to seized goods, means —| (a) | the period specified in a notice given under section 59 in respect of the goods; or | | (b) | if that period has been extended under section 59, that period as so extended; [Act 34 of 2018 wef 21/11/2022] |
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| “seized goods” means goods seized under section 56; [Act 34 of 2018 wef 21/11/2022] |
“senior authorised officer” means —| (a) | a senior officer of customs as defined in section 3(1) of the Customs Act 1960; or | | (b) | any officer or class or description of officers appointed by the Minister by notification in the Gazette to exercise the powers and perform the duties conferred and imposed on a senior authorised officer by this Part; |
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| “suspected infringing goods” means goods which, or the packaging of which, bear a term identical with a registered geographical indication, but which do not originate from the place indicated by that registered geographical indication; |
| “vehicle” has the same meaning as in section 2 of the Regulation of Imports and Exports Act 1995; |
| “vessel” has the same meaning as in section 2 of the Regulation of Imports and Exports Act 1995. |
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| Delegation of Director-General’s powers |
| 55A. The Director-General may delegate to a senior officer of customs (within the meaning of section 3(1) of the Customs Act 1960*) any of the powers of the Director-General under this Part (except the power of delegation conferred by this section), subject to such conditions or restrictions as the Director-General may determine. [Act 34 of 2018 wef 21/11/2022] [*Updated to be consistent with the 2020 Revised Edition] |
55B.—(1) The Minister charged with the responsibility for customs duties may make rules to prescribe the fees payable to the Director-General in connection with the administration of this Part.(2) Without limiting subsection (1), rules may be made to prescribe fees for the following purposes:| (a) | for the escort of a conveyance conveying goods seized under section 56 or 67; | | (b) | for the attendance of an authorised officer or a senior authorised officer in connection with the inspection or destruction of goods seized under section 56 or 67; | | (c) | for the attendance of an authorised officer or a senior authorised officer in connection with any other act or service under this Part. [Act 34 of 2018 wef 21/11/2022] |
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| Division 2 — Seizure of goods on request |
[Act 34 of 2018 wef 21/11/2022] | Request for seizure of suspected infringing goods |
56.—(1) An interested party of goods identified by a registered geographical indication may give the Director‑General a written notice —| (a) | stating that he, she or it is —| (i) | a producer of goods identified by the registered geographical indication; | | (ii) | a trader of goods identified by the registered geographical indication; or | | (iii) | an association of such producers or traders, or of such producers and traders, of goods identified by the registered geographical indication; |
| | (b) | stating that goods which are suspected infringing goods in relation to the registered geographical indication are expected to be imported or exported; | | (c) | providing sufficient information —| (i) | to identify the goods; | | (ii) | to enable the Director‑General to ascertain when and where the goods are expected to be imported or exported, as the case may be; and | | (iii) | to satisfy the Director‑General that the goods are suspected infringing goods; and |
| | (d) | requesting the Director‑General to seize the goods. [Act 34 of 2018 wef 21/11/2022] |
(2) A notice under subsection (1) must be —| (a) | in the form determined by the Director-General, and supported by such documents and information as the Director-General may require; and | | (b) | accompanied by the fee prescribed under section 55B. [Act 34 of 2018 wef 21/11/2022] |
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| (3) A notice under subsection (1) shall remain in force until the 59th day after the day on which the notice was given, unless it is revoked, before the end of that period, by a written notice given to the Director‑General by the requestor. [Act 34 of 2018 wef 21/11/2022] |
(4) If —| (a) | a notice has been given under subsection (1) in respect of a registered geographical indication; | | (b) | the notice has not lapsed or been revoked; and | | (c) | a person imports or proposes to export goods, not being goods in transit, that, in the opinion of an authorised officer, are suspected infringing goods in relation to the registered geographical indication in question, |
| an authorised officer may seize the goods. |
[Act 34 of 2018 wef 21/11/2022] |
(5) The Minister may make rules that are necessary or convenient to be prescribed for carrying out or giving effect to this Division, and in particular to provide —| (a) | for the times at which, and the manner in which, notices are to be given; | | (b) | for the giving of information and evidence to the Director-General; and | | (c) | that an authorised officer may refuse to seize any goods because of non-compliance with any direction of the Director-General or any such rule. [Act 34 of 2018 wef 21/11/2022] |
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| Security for liability or expense of seizure, storage and disposal |
57. An authorised officer may refuse to seize goods under section 56 unless the requestor —| (a) | deposits with the Director‑General a sum of money that, in the opinion of the Director‑General, is sufficient; or | | (b) | gives security, to the satisfaction of the Director‑General, |
| for the reimbursement of the Government for any liability or reasonable expense it is likely to incur in relation to the seizure, storage and disposal of the goods, and for the payment of such compensation as may be ordered by the Court under section 62(2) or 63(6). |
[Act 34 of 2018 wef 21/11/2022] |
| Secured storage of seized goods |
| 58. At the Director-General’s direction, seized goods must be taken to a secure place the Director-General directs, either by the person in possession, custody or control of those goods immediately before the seizure or the requestor, whoever the Director-General considers appropriate. [Act 34 of 2018 wef 21/11/2022] |
| 59.—(1) As soon as is practicable after goods are seized under section 56, the Director‑General must give to the importer or exporter (as the case may be), and the requestor, personally, by post or (with the prior consent of the addressee) by email, a written notice identifying the goods and stating that they have been seized. [Act 34 of 2018 wef 21/11/2022] (2) A notice under subsection (1) must state that the goods will be released to the importer or exporter (as the case may be) unless —| (a) | an infringement action in respect of the goods is instituted by the requestor within a specified period after the day specified in the notice; and | | (b) | the requestor gives written notice to the Director‑General within that period stating that the infringement action has been instituted. |
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| (3) The period to be specified for the purposes of subsection (2)(a) is the period prescribed for the purposes of that provision. |
| (4) The day specified for the purposes of subsection (2)(a) may not be earlier than the day on which the notice is given. |
| (5) The requestor may, by written notice given to the Director‑General before the end of the period specified in a notice for the purposes of subsection (2)(a) (the initial period), request that the period be extended. |
(6) Subject to subsection (7), if —| (a) | a request is made in accordance with subsection (5); and | | (b) | the Director‑General is satisfied that it is reasonable that the request be granted, |
| the Director‑General may extend the initial period by such period as is prescribed. |
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| (7) A decision on a request made in accordance with subsection (5) must be made within 2 working days after the request is made, but such a decision cannot be made after the end of the initial period to which the request relates. [Act 34 of 2018 wef 21/11/2022] |
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| Persons bound to give information or produce documents |
59A.—(1) At any time after goods have been seized under section 56(4), an authorised officer or a senior authorised officer who has reasonable cause to believe that a person has any information or document that the officer considers is relevant for any of the purposes in subsection (2), may require that person to provide to the officer that information or document at a time and place specified by the officer.(2) The purposes mentioned in subsection (1) are —| (a) | to enable the Director-General to satisfy a request under section 59B (whether or not such a request has actually been received); | | (b) | to enable any action to be taken under this Division or Division 3 in relation to future shipments of goods; and | | (c) | for a statistical or research purpose. |
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(3) A person who —| (a) | without reasonable excuse, fails to comply with a requirement under subsection (1); or | | (b) | in purported compliance with such requirement, knowingly or recklessly provides any information or document that 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 $6,000 or to imprisonment for a term not exceeding 6 months or to both. |
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| (4) A person is not excused from providing any information or document in compliance with a requirement under subsection (1) on the ground that it might tend to incriminate the person. |
| (5) Where the person claims, before providing any information or document pursuant to a requirement under subsection (1), that it might tend to incriminate the person, then the information or document is not admissible in evidence against the person in criminal proceedings other than proceedings for an offence under subsection (3). |
| (6) No information or document that is provided pursuant to a requirement under subsection (1) may be published, or communicated or disclosed to any person, except where and to the extent it is necessary for a purpose in subsection (2). |
| (7) A person who contravenes subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both. [Act 34 of 2018 wef 21/11/2022] |
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| Information on import or export |
59B.—(1) After goods have been seized under section 56(4), the Director-General may, upon the request of the requestor, and if the Director-General is satisfied that the information is necessary to enable the requestor to institute an infringement action, give the requestor the name and contact details of any person connected with the import or proposed export (as the case may be) of the seized goods.| (2) Subsection (1) applies despite any duty of confidentiality imposed by the common law on the Director-General or a person to whom the Director-General has delegated the power under that subsection. [Act 34 of 2018 wef 21/11/2022] |
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| Inspection of seized goods |
| 60.—(1) The Director‑General may permit the requestor, or the importer or exporter (as the case may be), to inspect the seized goods. [Act 34 of 2018 wef 21/11/2022] | (2) If the requestor gives the Director‑General the requisite undertakings, the Director‑General may permit the requestor to remove a sample of the seized goods from the custody of the Director‑General for inspection by the requestor. [Act 34 of 2018 wef 21/11/2022] |
| (3) If the importer or exporter (as the case may be) gives the Director‑General the requisite undertakings, the Director‑General may permit the importer or exporter (as the case may be) to remove a sample of the seized goods from the custody of the Director‑General for inspection by the importer or exporter (as the case may be). [Act 34 of 2018 wef 21/11/2022] |
(4) The requisite undertakings are undertakings in writing that the person giving the undertaking will —| (a) | return the sample to the Director‑General at a specified time that is satisfactory to the Director‑General; and | | (b) | take reasonable care to prevent damage to the sample. |
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(5) If the Director‑General permits inspection of the seized goods, or the removal of a sample, by the requestor in accordance with this section, the Director‑General is not liable to the importer or exporter (as the case may be) for any loss or damage suffered by the importer or exporter (as the case may be) arising out of —| (a) | damage to any of the seized goods incurred during that inspection; or [Act 34 of 2018 wef 21/11/2022] | | (b) | anything done by the requestor or any other person to, or in relation to, a sample removed from the custody of the Director‑General or any use made by the requestor of such a sample. [Act 34 of 2018 wef 21/11/2022] |
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| Compulsory release of seized goods to importer or exporter |
61.—(1) The Director‑General must release the seized goods to the importer or exporter (as the case may be) as soon as possible after the expiration of the retention period for the goods if the requestor has not, before the expiration of that period —| (a) | instituted an infringement action in relation to the goods; and | | (b) | given written notice to the Director‑General stating that the infringement action has been instituted. [Act 34 of 2018 wef 21/11/2022] |
(2) If —| (a) | an infringement action has been instituted in relation to the seized goods; and | | (b) | on the 22nd day after the day on which the action was instituted, there is not in force an order of the Court in which the action was instituted preventing the release of the goods, |
| the Director‑General must release the goods to the importer or exporter (as the case may be) as soon as possible after the firstmentioned day. |
[Act 34 of 2018 wef 21/11/2022] |
| (3) If the requestor gives written notice to the Director‑General stating that the requestor consents to the release of the seized goods, the Director‑General must release the goods to the importer or exporter (as the case may be) as soon as possible. [Act 34 of 2018 wef 21/11/2022] |
| (4) This section has effect subject to section 64. [Act 34 of 2018 wef 21/11/2022] |
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| Compensation for failure to take action |
| 62.—(1) Where goods have been seized pursuant to a notice given under section 56(1) and the requestor concerned fails to take infringement action within the retention period for the goods, a person aggrieved by such seizure may apply to the Court for an order of compensation against the requestor. [Act 34 of 2018 wef 21/11/2022] | (2) Where the Court is satisfied that the plaintiff to an action under this section had suffered loss or damage as a result of the seizure of the goods, the Court may order the requestor to pay compensation in such amount as the Court thinks fit to the plaintiff. [Act 34 of 2018 wef 21/11/2022] |
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63.—(1) The Court in which an infringement action is pending may, on the application of a person having a sufficient interest in the subject matter of the action, allow the person to be joined as a defendant to the action.| (2) An authorised officer is entitled to be heard on the hearing of an infringement action. |
(3) In addition to any relief that may be granted apart from this section, the Court may —| (a) | at any time, order that the seized goods be released to the importer or exporter (as the case may be) subject to such conditions, if any, as the Court thinks fit; or [Act 34 of 2018 wef 21/11/2022] | | (b) | order that the seized goods not be released to the importer or exporter (as the case may be) before the end of a specified period. [Act 34 of 2018 wef 21/11/2022] |
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| (4) A Court may not make an order under subsection (3)(a) if it is satisfied that the Government or any statutory authority is required or permitted under any other law to retain control of the seized goods. [Act 34 of 2018 wef 21/11/2022] |
| (5) The Director‑General must comply with an order made under subsection (3). |
(6) If —| (a) | the infringement action is dismissed or discontinued, or if the Court decides that section 4 does not apply to the import or the export (as the case may be) of the seized goods; and [Act 34 of 2018 wef 21/11/2022] | | (b) | a defendant to the infringement action satisfies the Court that the defendant has suffered loss or damage as a result of the seizure of the goods, |
| the Court may order the requestor to pay compensation in such amount as the Court thinks fit to that defendant. |
[Act 34 of 2018 wef 21/11/2022] |
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| Retention of control of seized goods |
| 64. Notwithstanding section 61, in a case in which no order has been made under section 63(3) in relation to the seized goods, the Director‑General is not obliged to release or dispose of the goods if the Government is required or permitted, under any other law, to retain control of the goods. [Act 34 of 2018 wef 21/11/2022] |
65. If the importer or exporter (as the case may be) does not take custody of the seized goods within the period specified in the notice after the notification by the Director‑General of the release of the goods to the importer or exporter (as the case may be), the Director‑General may dispose of the goods —| (a) | in the manner prescribed by rules made under this Act; or | | (b) | if no manner of disposal is so prescribed, as the Director‑General directs. [Act 34 of 2018 wef 21/11/2022] |
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| 66.—(1) If the reasonable expenses incurred by the Director‑General in relation to any action taken by the Director‑General under this Division, or taken in accordance with an order of the Court under this Division, exceed the amount deposited, or the amount of the security given, under section 57, the amount of the excess is a debt due to the Government. [Act 34 of 2018 wef 21/11/2022] | (2) The debt created by subsection (1) is due by the requestor, or, if there are 2 or more requestors, by the requestors jointly and severally. |
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| Division 3 — Ex-officio seizure of goods |
[Act 34 of 2018 wef 21/11/2022] | Seizure and inspection of suspected infringing goods |
67.—(1) Despite section 56(4), an authorised officer may seize or examine any goods that are —| (a) | imported into Singapore; or | | (b) | to be exported from Singapore, |
| and that are not goods in transit, which the officer reasonably suspects are suspected infringing goods in relation to a registered geographical indication. |
(2) As soon as practicable after the goods are seized under subsection (1), the Director-General must give personally, by post or (with the prior consent of the addressee) by email, a written notice to —| (a) | the importer or exporter of the seized goods (called in this Division the dealer); and | | (b) | the registrant of the registered geographical indication. |
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(3) The written notice in subsection (2) must —| (a) | identify the goods seized; and | | (b) | set out the rights of the dealer in section 60 (as applied by subsection (5)), and the requirements in section 67A. |
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| (4) The Director-General may permit an interested party of the registered geographical indication, or the dealer, to inspect the seized goods. |
(5) Section 60(2) to (5) applies in relation to the seized goods as it applies in relation to goods seized under section 56(4), with the following modifications:| (a) | replace a reference to the requestor with a reference to an interested party of the registered geographical indication; | | (b) | replace a reference to the importer or exporter with a reference to the dealer. |
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(6) At the Director-General’s direction, seized goods must be taken to a secure place the Director-General directs, by such of the following as the Director-General considers appropriate:| (a) | the person in possession, custody or control of those goods immediately before the seizure; | | (b) | an interested party of the registered geographical indication who has satisfied section 67A(1)(a) and (b). [Act 34 of 2018 wef 21/11/2022] |
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| Requirements for continued detention |
67A.—(1) If any interested party of the registered geographical indication (called in this Division the relevant interested party) wants the Director-General to continue to detain the seized goods so that the relevant interested party may institute an infringement action in relation to them, the relevant interested party must, within the prescribed period after the date of the notice in section 67(2) —| (a) | give to the Director-General a written notice of this in the form determined by the Director-General, supported by such documents and information as the Director-General may require, and accompanied by the fee prescribed under section 55B; and | | (b) | either —| (i) | deposit with the Director-General a sum of money that, in the Director-General’s opinion, is sufficient for the purpose mentioned in subsection (2); or | | (ii) | give security to the Director-General’s satisfaction for such purpose, |
| unless the relevant interested party had earlier given such deposit or security to the Director-General and the deposit had not been forfeited or returned or the security is still effective. |
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(2) The purpose in subsection (1) is the reimbursement to the Government of —| (a) | any liability or reasonable expense it is likely to incur in relation to the seizure, storage and disposal of the goods; and | | (b) | the payment of such compensation as the Court may order under section 67G or section 63(6) (as applied by section 67F). |
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| (3) If subsection (1) is not satisfied, the Director-General must release the seized goods to the dealer. |
(4) The Minister may make rules that are necessary or convenient to be prescribed for carrying out or giving effect to this Division, and in particular to provide —| (a) | for the times at which, and the manner in which, notices are to be given; | | (b) | for the giving of information and evidence to the Director-General; and | | (c) | that the Director-General may release any seized goods to the dealer concerned because of non-compliance with any direction of the Director-General or any such rule. [Act 34 of 2018 wef 21/11/2022] |
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67B.—(1) If section 67A(1)(a) and (b) has been satisfied by the relevant interested party, the Director-General must, as soon as practicable, give to the relevant interested party and the dealer personally, by post or (with the prior consent of the addressee) by email, a written notice stating that the goods will be released to the dealer unless —| (a) | an infringement action in relation to the goods is instituted by the relevant interested party within a prescribed period after the day specified in the notice; and | | (b) | the relevant interested party gives written notice to the Director-General within the period in paragraph (a) stating that such action has been instituted. |
| (2) Section 59(4) to (7) applies in relation to a notice under subsection (1) as it applies in relation to a notice under section 59(1), as if a reference to the requestor is a reference to the relevant interested party. [Act 34 of 2018 wef 21/11/2022] |
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| Persons bound to give information or produce documents |
67C.—(1) At any time after goods have been seized under section 67, an authorised officer or a senior authorised officer who has reasonable cause to believe that a person has any information or document that the officer considers is relevant for any of the purposes in subsection (2), may require that person to provide to the officer that information or document at a time and place specified by the officer.(2) The purposes mentioned in subsection (1) are —| (a) | to enable the Director-General to satisfy a request under section 67D (whether or not such a request has actually been received); | | (b) | to enable any action to be taken under this Division or Division 2 in relation to future shipments of goods; and | | (c) | for a statistical or research purpose. |
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(3) A person who —| (a) | without reasonable excuse, fails to comply with a requirement under subsection (1); or | | (b) | in purported compliance with such requirement, knowingly or recklessly provides any information or document that 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 $6,000 or to imprisonment for a term not exceeding 6 months or to both. |
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| (4) A person is not excused from providing any information or document in compliance with a requirement under subsection (1) on the ground that it might tend to incriminate the person. |
| (5) Where the person claims, before providing any information or document pursuant to a requirement under subsection (1), that it might tend to incriminate the person, then the information or document is not admissible in evidence against the person in criminal proceedings other than proceedings for an offence under subsection (3). |
| (6) No information or document that is provided pursuant to a requirement under subsection (1) may be published, or communicated or disclosed to any person, except where and to the extent it is necessary for a purpose in subsection (2). |
| (7) A person who contravenes subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both. [Act 34 of 2018 wef 21/11/2022] |
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| Information on import or export |
67D.—(1) After section 67A(1)(a) and (b) has been satisfied by the relevant interested party, the Director-General may, upon the request of the relevant interested party, and if the Director-General is satisfied that the information is necessary to enable the relevant interested party to institute an infringement action, give the relevant interested party the name and contact details of any person connected with the import or proposed export (as the case may be) of the seized goods.| (2) Subsection (1) applies despite any duty of confidentiality imposed by the common law on the Director-General or a person to whom the Director-General has delegated the power under that subsection. [Act 34 of 2018 wef 21/11/2022] |
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| Compulsory release of seized goods to dealer |
67E.—(1) The Director-General must release the seized goods to the dealer as soon as possible after the date of expiry of the period specified in the notice under section 67B(1) (including any extension of that period under section 59(6) as applied by section 67B(2)), if the relevant interested party has not, before that date —| (a) | instituted an infringement action in respect of the goods; and | | (b) | given written notice to the Director-General stating that the action has been instituted. |
(2) If —| (a) | an infringement action has been instituted in respect of the seized goods; and | | (b) | on the 22nd day after the day on which the action was instituted, there is not in force an order of the Court preventing the release of the goods, |
| the Director-General must release the goods to the dealer as soon as possible after the firstmentioned day. |
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| (3) If the relevant interested party gives a written notice to the Director-General stating that the relevant interested party consents to the release of the seized goods, the Director-General must release the goods to the dealer as soon as possible. [Act 34 of 2018 wef 21/11/2022] |
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| Provisions relating to infringement action |
67F. Section 63 applies in relation to an infringement action concerning goods seized under section 67, as it applies in relation to an infringement action concerning goods seized under section 56(4), with the following modifications:| (a) | replace a reference to the requestor with a reference to the relevant interested party; | | (b) | replace a reference to the importer or exporter with a reference to the dealer. [Act 34 of 2018 wef 21/11/2022] |
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| Compensation for failure to take action |
67G.—(1) Where —| (a) | goods have been seized under section 67; | | (b) | the goods continue to be detained because section 67A(1)(a) and (b) has been satisfied; and | | (c) | the relevant interested party fails to take infringement action within the period specified in the notice under section 67B(1) (including any extension of that period under section 59(6) as applied by section 67B(2)), |
| a person aggrieved by the seizure may apply to the Court for an order of compensation against the relevant interested party. |
| (2) Where the Court is satisfied that the applicant has suffered loss or damage as a result of the seizure of the goods, the Court may order the relevant interested party to pay to the applicant compensation of such amount as the Court thinks fit. [Act 34 of 2018 wef 21/11/2022] |
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| Retention of control of seized goods |
| 67H. Despite section 67E and any rule made under section 67A(4)(c), in a case in which no order has been made under section 63(3) (as applied by section 67F) in relation to the seized goods, the Director-General is not obliged to release or dispose of the goods if the Government is required or permitted, under any other law, to retain control of the goods. [Act 34 of 2018 wef 21/11/2022] |
| 67I. Section 65 applies in relation to goods seized under section 67, as it applies in relation to goods seized under section 56(4), with a reference to the importer or exporter replaced with a reference to the dealer. [Act 34 of 2018 wef 21/11/2022] |
67J.—(1) If the reasonable expenses incurred by the Director-General in relation to any action taken by the Director-General under this Division, or taken in accordance with an order of the Court under this Division, exceed the amount deposited, or the amount of the security given, under section 67A, the amount of the excess is a debt due to the Government.| (2) The debt created by subsection (1) is due by the relevant interested party or, if there are 2 or more relevant interested parties, by them jointly and severally. [Act 34 of 2018 wef 21/11/2022] |
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| Division 4 — Powers of inspection |
[Act 34 of 2018 wef 21/11/2022] | Powers of inspection in relation to vehicles |
| 68.—(1) A senior authorised officer, or an authorised officer acting in accordance with the general or special directions of a senior authorised officer, may board any vehicle in Singapore and may inspect all parts of the vehicle for goods liable to be seized under section 56 or 67. [Act 34 of 2018 wef 21/11/2022] (2) For the more effective exercise of the powers conferred by this section, a senior authorised officer or an authorised officer may require the person in charge of a vehicle —| (a) | to stop and not to proceed until so authorised; or | | (b) | to bring the vehicle to any examination station. |
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| (3) It is presumed in any proceedings arising out of any thing done under this section, unless the contrary is proved, that any authorised officer, not being a senior authorised officer, by whom the thing was done was acting in accordance with the general or special direction of a senior authorised officer. |
| (4) Any person who contravenes this section or who fails to comply with any lawful requisition or direction given or made thereunder shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both. |
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| Examination of packages, etc. |
69.—(1) Any goods, package, box, chest or other article which is being or has recently been imported, or is being exported, and in regard to which a reasonable suspicion exists that it is or that it contains goods liable to be seized under section 56 or 67 may be —| (a) | examined and inspected by an authorised officer or detained until any person in charge thereof has opened it for examination and inspection; | | (b) | subjected to such infringement verification, tests or analysis as the authorised officer thinks fit; or [Act 34 of 2018 wef 21/11/2022] | | (c) | marked, locked, sealed or otherwise secured by an authorised officer pending examination and inspection. [Act 34 of 2018 wef 21/11/2022] |
| (2) An authorised officer may require the person in charge of any package, box, chest or other article referred to in subsection (1) to open the package, box, chest or article (as the case may be) for examination and inspection. |
| (3) If the person in charge of the package, box, chest or other article referred to in subsection (1) refuses, or fails after being given reasonable time and opportunity, to comply with the requirement under subsection (2), a senior authorised officer, or an authorised officer acting in accordance with an order of a senior authorised officer, may forcibly open the package, box, chest or article (as the case may be) to facilitate the examination and inspection thereof. |
| (4) Any person, other than an authorised officer, who removes, opens, breaks or tampers with any mark, lock, seal or other means of securing any goods, package, box, chest or other article referred to in subsection (1)(c) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 6 months or to both. |
| (5) In this section, “infringement verification” means any process (whether or not involving an interested party of the geographical indication concerned) to determine if any article is or contains goods liable to be seized under section 56(4) or 67. [Act 34 of 2018 wef 21/11/2022] |
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| Power to remove packages and goods to examination station |
70.—(1) For the more convenient exercise of the powers conferred by section 69, an authorised officer may remove any package, box, chest or other article or any goods to an examination station or may require it or them to be so removed by the owner thereof or his agent or any person having the custody, charge or control thereof.| (2) Any person who fails to comply with any such requirement shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000. |
| (3) Upon the failure by a person to comply with such a requirement, an authorised officer may remove the package, box, chest, article or goods (as the case may be) in the manner provided by subsection (1), and all the expenses of such removal (as certified by a senior authorised officer) shall be recoverable as a fine from that person or from the owner of the package, box, chest, article or goods (as the case may be). |
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| Inspection of baggage and belongings on person |
71.—(1) Any person landing or being about to land or having recently landed from any vessel or aircraft, or leaving any vessel or aircraft in Singapore whether for the purpose of landing or otherwise, or entering or having recently entered Singapore by land, sea or air, must —| (a) | on demand by an authorised officer, either permit his or her goods and baggage to be inspected by the officer for any goods liable to be seized under section 56 or 67 or, together with the goods and baggage, accompany the officer to an examination station, and there permit his or her goods and baggage to be inspected in the presence and under the supervision of a senior authorised officer for any goods liable to be seized under section 56 or 67; [Act 34 of 2018 wef 21/11/2022] | | (b) | on demand by a senior authorised officer, permit his or her goods and baggage to be inspected by the officer, or in the presence and under the supervision of the officer, for any goods liable to be seized under section 56 or 67; or [Act 34 of 2018 wef 21/11/2022] | | (c) | on demand by a senior authorised officer, remove belongings kept in or under the clothing of the person, for inspection for any goods liable to be seized under section 56 or 67. [Act 34 of 2018 wef 21/11/2022] |
| (2) The goods and baggage of any person who requests to be present when they are inspected must not be inspected except in his or her presence, unless he or she fails to be present after being given reasonable facility for being present. |
| (3) Any person who refuses or fails, without reasonable excuse, to comply with any lawful demand made under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 3 months or to both. |
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| Powers of authorised officers to enter certain premises |
72.—(1) For the purpose of exercising the powers conferred by sections 68 to 71, an authorised officer may, without warrant, enter upon —| (a) | any islet, landing place, wharf, dock, railway or quay; | | (b) | any premises of a provider of port services or facilities licensed or exempted under the Maritime and Port Authority of Singapore Act 1996; or | | (c) | any premises of any airport operated under a licence or exemption under the Civil Aviation Authority of Singapore Act 2009. |
| (2) In this section, “railway” has the same meaning as in the Railways Act 1905. |
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73. Any person who —| (a) | refuses any authorised officer or senior authorised officer access to any vehicle or place which the officer is entitled to under this Part; or | | (b) | obstructs or hinders any authorised officer or senior authorised officer in the execution of any power conferred upon that officer by this Part, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both. |
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| Protection from personal liability |
74. No liability shall lie personally against the Director‑General, an authorised officer, a senior authorised officer, or any person acting under the direction of the Director‑General for anything done or omitted to be done with reasonable care and in good faith in the course of or in connection with —| (a) | the exercise or purported exercise of any power under this Part; | | (b) | the performance or purported performance of any function or the discharge or purported discharge of any duty under this Part; or | | (c) | the compliance or purported compliance with this Part. [Act 34 of 2018 wef 21/11/2022] |
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