PART 5 | 23.—(1) The Minister may, by order in the Gazette, exempt any person or class of persons, or any public entertainment or series or class of public entertainments, from all or any of the provisions of this Act, subject to such conditions or restrictions as may be specified in the order. [32/2014] (2) In this section, “Minister” means —| (a) | in relation to section 16, 17 or 18 — the Minister charged with the responsibility for the licensing of arts entertainments; and | | (b) | in relation to any other provision of this Act —| (i) | in any case — the Minister charged with the responsibility for public entertainments; and | | (ii) | in the case of an exemption relating to an arts entertainment provided or to be provided, solely or in combination with one or more forms of arts entertainment only, in any place other than a specified establishment — the Minister charged with the responsibility for the licensing of arts entertainments. [16A [28/2017] |
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| Powers of entry and inspection |
| 24.—(1) The Licensing Officer, a police officer or an authorised person (each called in this section an inspecting officer) may exercise all or any of the powers in this section for the purpose of ascertaining whether the conditions of any licence, the conditions of any classification under this Act or the provisions of this Act are being complied with. [28/2017] (2) An inspecting officer may —| (a) | enter and inspect any premises where public entertainment is provided, or that the inspecting officer believes on reasonable grounds is used for the provision of public entertainment; | | (b) | photograph or film, or make a record or sketches of, any part of the premises, or any person or thing at the premises; | | (c) | require any person on those premises to produce or grant access to, without charge, any document, information or article reasonably required for any purpose in subsection (1), which is in the possession or under the control of that person; | | (d) | inspect and make copies of or take extracts from any document or article mentioned in paragraph (c); and | | (e) | subject to section 25(6), take possession of a document or article mentioned in paragraph (c) if, in the inspecting officer’s opinion —| (i) | the inspection or copying of or extraction from the document or article cannot reasonably be performed without taking possession; | | (ii) | the document or article may be interfered with or destroyed unless possession is taken; or | | (iii) | the document or article may be required as evidence in any proceedings instituted or commenced under this Act. [28/2017] |
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(3) The power to require a person to provide any document, information or article under subsection (2)(c) includes the power —| (a) | to require the person, or any person who is or was an officer or employee of that person, to provide an explanation of the document, information or article; | | (b) | if the document, information or article is not provided, to require the person to state, to the best of the person’s knowledge and belief, where it is; and | | (c) | if the document, information or article is recorded otherwise than in legible form, to require the document, information or article to be made available to the inspecting officer in legible form. [28/2017] |
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(4) For the purposes of subsection (2), if any document or information required by the inspecting officer is kept in electronic form —| (a) | the power of the inspecting officer to inspect the document or to obtain the information includes the power to —| (i) | access any computer or other equipment (including a mobile telephone) in which the document or information is stored; and | | (ii) | require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to provide assistance in gaining such access; and |
| | (b) | the power of the inspecting officer to seize the document includes the power —| (i) | to make copies of the document in legible or electronic form; and | | (ii) | to transfer the information from the document to a disk, tape or other storage device. [28/2017] |
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(5) If the inspecting officer under subsection (4)(b) is unable to make copies of the document or transfer the information from the document, the Licensing Officer or a police officer (who may not be the inspecting officer) may —| (a) | subject to section 25(6), seize the computer or other equipment (including a mobile telephone) in which the document or information is stored, as evidence in proceedings for an offence under this Act; and | | (b) | require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to disclose any password or access code for gaining access to the document or information held in the computer or equipment. [28/2017] |
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| (6) Nothing in this section or section 25, 26 or 27 derogates from the powers of a police officer under the Criminal Procedure Code 2010. [17 [32/2014] |
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25.—(1) The Licensing Officer may, for the purposes of investigating an offence under this Act or the contravention of any provision of this Act, in addition to exercising any of the powers in section 24, do all or any of the following:| (a) | require any person whom the Licensing Officer reasonably believes to have committed the offence or contravention to provide evidence of that person’s identity; | | (b) | require any person whom the Licensing Officer reasonably believes has —| (i) | any information; or | | (ii) | any document or article in the person’s possession, custody or control, |
| relevant to the investigation to provide that information, or produce that document or article; |
| | (c) | issue a written notice requiring any person within the limits of Singapore, who appears to be acquainted with the facts or circumstances of the matter, to attend before the Licensing Officer; | | (d) | examine orally any person who appears to be acquainted with the facts or circumstances of the matter —| (i) | whether before or after that person or anyone else is charged with an offence in connection with the matter; and | | (ii) | whether or not that person is to be called as a witness in any inquiry, trial or other proceeding in connection with the matter; |
| | (e) | without a warrant enter and search any place or premises in which the Licensing Officer reasonably suspects that an offence under this Act is being or has been committed; | | (f) | if free entry or access to the place or premises cannot be obtained under paragraph (e), break open any door, window, lock or fastener, or use any other reasonable means in order to gain entry or access into the place or premises with such assistance as the Licensing Officer considers necessary. [32/2014; 28/2017] |
| (2) Any person examined under this section is bound to state truly what the person knows of the facts and circumstances of the matter, except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture. [32/2014] |
(3) A statement made by any person examined under this section must —| (a) | be reduced to writing; | | (b) | be read over to the person; | | (c) | if the person does not understand English, be interpreted in a language that the person understands; and | | (d) | after correction (if necessary), be signed by the person. [32/2014] |
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| (4) If any person fails to comply with a written notice issued to the person under subsection (1)(c), the Licensing Officer may report the failure to a Magistrate, and the Magistrate may then issue a warrant ordering that person to comply with the written notice. [32/2014] |
| (5) Subject to subsection (6), the Licensing Officer may take possession or make copies of any document or article produced under subsection (1)(b), for further investigation. [32/2014] |
(6) Anything taken possession of by the Licensing Officer under subsection (5) or section 24(2)(e) or (5) —| (a) | must be placed in safe custody by the Licensing Officer; and | | (b) | unless ordered otherwise by the court, may be retained until the completion of the investigation or any proceedings (including proceedings on appeal) in which it may be in evidence. [32/2014] |
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(7) Any person who, without reasonable excuse, refuses or fails —| (a) | to provide any information, or produce any document or article, required of the person by the Licensing Officer under subsection (1); or | | (b) | to comply with any notice issued to the person under subsection (1)(c), |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. |
[32/2014] |
| (8) In this section, a reference to the Licensing Officer includes a police officer. [17A [32/2014; 28/2017] |
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| Disposal and forfeiture of documents and articles |
26.—(1) Any document or article retained under section 25(6) —| (a) | where the document or article is produced in any criminal trial — must be dealt with in accordance with section 364 of the Criminal Procedure Code 2010; or | | (b) | in any other case — must be returned to the owner or, if the owner is not known, reported to a Magistrate. [32/2014; 28/2017] |
| (2) Where the report of any document or article is made to a Magistrate under subsection (1)(b), the Magistrate may order the document or article to be forfeited or to be disposed of in the manner that the Magistrate thinks fit. [32/2014] |
| (3) This section does not prejudice any right to retain or dispose of any property which may exist in law apart from this section. [17B [32/2014] |
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27.—(1) The Licensing Officer or any police officer may arrest without warrant any person —| (a) | whom the Licensing Officer or police officer reasonably suspects of committing or attempting to commit, or abetting any person to commit, any offence under this Act; and | | (b) | who refuses to provide his or her name and address, or who provides a name and an address reasonably suspected of being false or who provides an address outside Singapore, or who is reasonably suspected of being likely to abscond. [32/2014] |
| (2) Every person so arrested must be taken to a police station and after that be dealt with as if the person had been arrested under section 65 of the Criminal Procedure Code 2010. [18 [15/2010] |
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28.—(1) Any person who provides or assists in providing any public entertainment —| (a) | without a licence issued under this Act; | | (b) | while the licence is suspended; | | (c) | in contravention of any condition of a licence; or | | (d) | in contravention of this Act, |
| shall be guilty of an offence and shall be liable on conviction — |
| (e) | in the case of an offence under paragraph (a) or (b), to a fine not exceeding $20,000; and | | (f) | in the case of an offence under paragraph (c) or (d), to a fine not exceeding $10,000. [32/2014; 28/2017] |
| (2) For the purposes of subsection (1), no person is deemed to have provided or assisted in providing any public entertainment merely by reason of the person having taken part in the public entertainment provided. [32/2014] |
(3) Any person who, being required to make any statement or provide any information or document under this Act —| (a) | makes any statement or provides any information or document which is false or misleading in a material particular; and | | (b) | 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 $5,000. |
[19 [32/2014] |
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| Protection from personal liability |
| 29. No liability shall lie against a Licensing Officer, an Assistant Licensing Officer, a police officer, an authorised person or a member of the Public Entertainment Appeal Board for anything done or intended to be done with reasonable care and in good faith in the execution or purported execution of this Act. [19A [28/2017] |
| 30.—(1) A document that is permitted or required to be served on a person under this Act may be served as described in this section. [32/2014] (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 under this Act or, if no address is so specified, the individual’s residential 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. [32/2014] |
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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, secretary or other like 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. [32/2014] |
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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 like 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. [32/2014] |
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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 pre‑paid registered post, 2 days after the day the document was posted (even if it is returned undelivered). [32/2014] |
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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. [32/2014] |
| (7) This section does not apply to documents to be served in proceedings in court. [32/2014] |
(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; |
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| “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. [20 [32/2014] |
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31.—(1) The Licensing Officer may compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:| (a) | one half of the amount of the maximum fine that is prescribed for the offence; | | (b) | $5,000. [32/2014] |
| (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. |
| (3) All sums collected under this section must be paid into the Consolidated Fund. [21 [32/2014] |
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| 32. In any proceedings under this Act, the onus of proving that the public or any class of the public did not have access to any public entertainment lies on the person alleging the fact. [22 |
33.—(1) The Minister may make rules for any of the following purposes:| (a) | to prescribe the fees or charges in respect of any matter or thing to be done or required under or for the purposes of this Act, including for any application or licence; | | (b) | to prescribe the matters required or permitted to be prescribed by this Act; | | (c) | to prescribe the hours during which public entertainment may be provided; | | (d) | to prescribe the form and manner of, and any procedures or proceedings relating to, any appeal under this Act; | | (e) | generally to give effect to the provisions of this Act. [32/2014; 28/2017] |
(2) In this section, “Minister” means —| (a) | in the case where the power under this section is to be exercised in connection with section 16, 17 or 18 — the Minister charged with the responsibility for the licensing of arts entertainments; and | | (b) | in the case where the power under this section is to be exercised in connection with any other provision of this Act — the appropriate Minister. [32/2014] |
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| (3) All rules made under this Act must be presented to Parliament as soon as possible after publication in the Gazette. [23 |
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