8. The principal Act is amended by inserting, immediately after section 12F, the following Parts:“PART IIIA 12G.—(1) The Board may conduct an investigation if there are reasonable grounds for suspecting —| (a) | that a supplier has engaged, is engaging or is likely to engage in an unfair practice; or | | (b) | that a person —| (i) | has knowingly abetted, aided, permitted or procured; or | | (ii) | is knowingly abetting, aiding, permitting or procuring, |
| a supplier to engage in an unfair practice. |
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(2) The chief executive may appoint, by name or office —| (a) | any officer or employee of the Board; or | | (b) | any auxiliary police officer, |
| to be an investigation officer for the purpose of conducting investigations under this Part. |
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(3) Every investigation officer, when exercising any of the investigation officer’s powers under this Act, must —| (a) | declare the investigation officer’s office if the officer is an officer or employee of the Board; and | | (b) | on demand, produce to any person affected by the exercise of that power such identification card as the chief executive may issue for this purpose. |
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| (4) It is not an offence for any person to refuse to comply with any request, demand or order of an investigation officer if the investigation officer does not comply with subsection (3). |
| (5) In this section, “auxiliary police officer” means a person appointed as such under Part IX of the Police Force Act (Cap. 235). |
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| Power to require documents, articles or information |
12H.—(1) The Board may, by notice in writing to a supplier mentioned in section 12G(1)(a) or a person mentioned in section 12G(1)(b) (called in this Part the person under investigation), require the person under investigation to produce to the Board a specified document or article, or to provide the Board with specified information, which the Board considers to be relevant to an investigation mentioned in section 12G(1).(2) A notice under subsection (1) must —| (a) | indicate the purpose for which the specified document or article or specified information is required by the Board; and | | (b) | be accompanied by a copy of the offences under sections 12O to 12R. |
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(3) The Board may also specify in the notice —| (a) | the time and place at which the specified document or article is to be produced or specified information is to be provided; and | | (b) | the manner and form in which the specified document or article or specified information is to be produced or provided. |
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(4) The power under this section to require a person under investigation to produce a document includes the power —| (a) | if the document is produced —| (i) | to take copies of, or extracts from, the document; and | | (ii) | to require that person under investigation, or any other person who is a present or past officer of that person under investigation, or is or was at any time employed by that person under investigation, to provide an explanation of the document; or |
| | (b) | if the document is not produced, to require the person under investigation or the other person mentioned in paragraph (a)(ii) to state, to the best of that person’s knowledge and belief, where the document is. |
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(5) In subsection (1), “specified” means —| (a) | specified or described in the notice; or | | (b) | falling in a category which is specified or described in the notice. |
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| Power to enter premises without warrant |
12I.—(1) In connection with an investigation under section 12G(1), an investigation officer and such other persons as the Board has authorised in writing to accompany and assist the investigation officer (called in this section an authorised assistant) may enter any premises reasonably suspected of being used by the person under investigation in connection with an unfair practice.(2) An investigation officer or authorised assistant must not enter any premises in the exercise of the powers under this section unless the investigation officer has given the occupier of the premises a written notice which —| (a) | gives at least 2 working days’ notice of the intended entry; | | (b) | indicates the subject matter and purpose of the investigation; and | | (c) | is accompanied with a copy of the offences under sections 12O to 12R. |
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| (3) Subsection (2) does not apply if the investigation officer has taken all such steps as are reasonably practicable to give notice but has not been able to do so. |
(4) Where subsection (3) applies, the power of entry conferred by subsection (1) may be exercised on the production of —| (a) | evidence of the investigation officer’s authorisation and the authorisation of every authorised assistant accompanying the investigation officer; and | | (b) | a document containing the information mentioned in subsection (2)(b) and (c). |
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(5) An investigation officer or authorised assistant entering any premises under this section may —| (a) | inspect and search the premises; | | (b) | take such photograph or audio or video recording as the investigation officer or authorised assistant thinks necessary, of the premises and persons on the premises reasonably believed to be acquainted with the facts and circumstances relevant to the investigation; | | (c) | seize and detain any goods found on the premises that the investigation officer or authorised assistant reasonably believes to be relevant to the investigation, and carry out an examination of the goods to ascertain whether the supplier concerned has engaged in any unfair practice under investigation; | | (d) | bring any equipment which the investigation officer or authorised assistant considers to be necessary; | | (e) | require any person on the premises —| (i) | to produce any document which the investigation officer or authorised assistant considers relevant to the investigation; | | (ii) | if the document is produced, to provide an explanation of it; and | | (iii) | if the document is not produced, to state, to the best of the person’s knowledge and belief, where any such document is to be found; |
| | (f) | take copies of, or extracts from, any document that is produced; | | (g) | if the investigation officer or authorised assistant considers any information that is stored in any electronic form and is accessible from the premises to be relevant to the investigation, require that information to be produced in a form in which the information —| (i) | can be taken away; and | | (ii) | is visible and legible; and |
| | (h) | take any step which appears to be necessary to preserve or prevent interference with any document which the investigation officer or authorised assistant considers relevant to the investigation. |
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| Power to enter premises under warrant |
12J.—(1) The court may, on the application of the Board, issue a warrant authorising by name an investigation officer and one or more authorised assistants to take all or any of the actions in subsection (3) in relation to the premises in respect of which any one of the conditions in subsection (2) applies.(2) The conditions are as follows:| (a) | there are reasonable grounds for suspecting that there are on any premises, documents which have not been produced as required by the Board under section 12H or 12I(5)(e); | | (b) | there are reasonable grounds for suspecting that —| (i) | there are on any premises documents which the Board has power under section 12H to require to be produced; and | | (ii) | if the documents were required to be produced, they would not be produced but would be concealed, removed, tampered with or destroyed; |
| | (c) | there are reasonable grounds for suspecting that —| (i) | there are on any premises documents or goods which the Board has power under section 12I to require to be produced or to seize and detain; and | | (ii) | if notice is given under section 12I(2), the documents or goods would be concealed, removed, tampered with or destroyed; |
| | (d) | an investigation officer or an authorised assistant has attempted to enter the premises in the exercise of the investigation officer’s or the authorised assistant’s powers (as the case may be) under section 12I but has been unable to do so and there are reasonable grounds for suspecting that there are on the premises —| (i) | documents the production of which could have been required under that section; or | | (ii) | goods which may be seized and detained under that section. |
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(3) The actions, in relation to the premises mentioned in subsection (2)(a) to (d), are as follows:| (a) | enter those premises using such force as is reasonably necessary for the purpose; | | (b) | search any person on those premises if there are reasonable grounds for believing that the person has in the person’s possession any document, goods, equipment or article which is relevant to the investigation; | | (c) | take such photograph or audio or video recording as the named investigation officer or authorised assistant thinks necessary, of the premises and persons on the premises reasonably believed to be acquainted with the facts and circumstances relevant to the investigation; | | (d) | seize and detain any goods found on the premises that the named investigation officer or authorised assistant reasonably believes to be relevant to the investigation, and examine the goods to ascertain whether the supplier concerned has engaged in any unfair practice under investigation; | | (e) | bring any equipment which the named investigation officer or authorised assistant considers to be necessary; | | (f) | search the premises and take copies of, or extracts from, any document appearing to be relevant to the investigation; | | (g) | take possession of any document found on the premises appearing to be relevant to the investigation if —| (i) | such action appears to be necessary to preserve or prevent interference with the document; or | | (ii) | it is not reasonably practicable to take copies of the document on the premises; |
| | (h) | take any other step which appears to be necessary for the purpose mentioned in paragraph (g)(i); | | (i) | require any person on the premises —| (i) | to produce any document which the named investigation officer or authorised assistant considers relevant to the investigation; | | (ii) | if the document is produced, to provide an explanation of it; and | | (iii) | if the document is not produced, to state, to the best of the person’s knowledge and belief, where any such document is to be found; |
| | (j) | if the named investigation officer or authorised assistant considers any information that is stored in any electronic form and is accessible from the premises to be relevant to the investigation, require that information to be produced in a form in which the information —| (i) | can be taken away; and | | (ii) | is visible and legible; |
| | (k) | remove from those premises for examination any equipment or article which is relevant to the investigation. |
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| (4) If the court issues a warrant on the grounds in subsection (2)(b) or (c), the court may also, on the application of the Board, authorise the named investigation officer and any authorised assistant to exercise the power under the warrant in respect of any other document relating to the investigation concerned that the court is satisfied it is reasonable to suspect is on the premises. |
| (5) If any equipment or article may be removed from any premises for examination under subsection (3)(k), the named investigation officer or authorised assistant may instead allow the equipment or article to be retained on those premises subject to such requirements as the named investigation officer or authorised assistant may impose on the owner or occupier of the premises. |
(6) A warrant issued under this section must —| (a) | indicate the subject matter and purpose of the investigation; and | | (b) | be accompanied by a copy of the offences under sections 12O to 12R, |
| and continues in force for one month beginning on the day on which the warrant is issued, subject to such conditions as may be specified by the court. |
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| (7) The named investigation officer or authorised assistant must, before exercising any power under the warrant against any person, produce the warrant to that person. |
(8) If there is no one on the premises when the named investigation officer or authorised assistant intends to execute the warrant, the named investigation officer or authorised assistant must, before executing the warrant —| (a) | take such steps as are reasonable in all the circumstances to inform the occupier of the intended entry; and | | (b) | if the occupier is so informed, give the occupier or the occupier’s legal or other representative a reasonable opportunity to be present when the warrant is executed. |
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| (9) If the named investigation officer or authorised assistant is unable to inform the occupier of the intended entry, the named investigation officer or authorised assistant must, when executing the warrant, leave a copy of the warrant in a prominent place on the premises. |
| (10) On leaving any premises which the named investigation officer or authorised assistant has entered under a warrant under this section, the named investigation officer or authorised assistant must, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as effectively secured as the named investigation officer or authorised assistant found them. |
(11) In this section —| “authorised assistant” means a person named in a warrant issued under subsection (1) to accompany and assist a named investigation officer; |
| “named investigation officer” means an investigation officer named in a warrant issued under subsection (1); |
| “occupier”, in relation to any premises, means a person whom the named investigation officer reasonably believes is the occupier of those premises. |
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12K.—(1) The provisions in subsection (2) apply to the following persons (each called in this section a specified person) under the following circumstances:| (a) | the investigation officer mentioned in section 12I, on taking possession of, seizing or detaining any goods, document or information under section 12I(5); | | (b) | the authorised assistant mentioned in section 12I, on taking possession of, seizing or detaining any goods, document or information under section 12I(5); | | (c) | the named investigation officer mentioned in section 12J, on taking possession of, seizing or detaining any goods, document or information under section 12J(3) or (4); | | (d) | the authorised assistant mentioned in section 12J, on taking possession of, seizing or detaining any goods, document or information under section 12J(3) or (4). |
(2) For the purpose of subsection (1), the provisions are —| (a) | the specified person must, at the request of the person from whose possession the document was taken, provide a copy of the document to that person; | | (b) | the specified person must inform the following persons of the possession, seizure or detention, as the case may be:| (i) | the owner of the goods, document or information; | | (ii) | in the case of goods seized from a vending machine, the person whose name and address are stated on the machine as being the proprietor or, if no name and address are so stated, the occupier of the premises on which the machine stands or to which the machine is affixed; |
| | (c) | the specified person must place the goods, document or information in safe custody; and | | (d) | unless ordered otherwise by a court, the specified person may retain the goods, document or information until the completion of any proceedings under section 9 or 10 (including proceedings on appeal) in which the goods, document or information retained may be evidence. |
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| Power to require evidence as to identity |
| 12L. An investigation officer may require any person whom the investigation officer reasonably believes to have engaged in an unfair practice or to have knowingly abetted, aided, permitted or procured a supplier to engage in an unfair practice, to furnish any evidence establishing, to the satisfaction of the investigation officer, the person’s identity and, where the person is an individual, the person’s nationality and residential address. |
| Power to examine, secure attendance, etc. |
12M.—(1) An investigation officer has, for the purposes of this Act, power to do any of the following things in connection with an investigation mentioned in section 12G(1):| (a) | examine orally any person who appears to be acquainted with any of the facts or circumstances relevant to the investigation —| (i) | whether before or after any proceedings are commenced under section 9 or 10; and | | (ii) | whether or not the person is to be called as a witness in any proceedings under section 9 or 10; |
| | (b) | issue a written notice requiring any person within the limits of Singapore, who appears to be acquainted with any of the facts or circumstances relevant to the investigation, to attend before the investigation officer. |
| (2) The person mentioned in subsection (1)(b) must comply with the written notice mentioned in that provision. |
(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 for the person in a language that the person understands; and | | (d) | be signed by the person. |
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| Self-incrimination and savings for professional legal advisers |
12N.—(1) A person who is required under any provision of this Act to disclose any information or document to the Board, an investigation officer or any authorised assistant mentioned in section 12I or 12J is not excused from making the disclosure on the ground that the disclosure of the information or document might tend to incriminate the person.(2) If a person mentioned in subsection (1) claims, before disclosing any information or document under any provision of this Act to any authorised assistant mentioned in section 12I or 12J, the Board or an investigation officer, that the disclosure might tend to incriminate the person, the information or document disclosed —| (a) | is not admissible in evidence against the person in criminal proceedings other than proceedings under Part IIIB; and | | (b) | is, for the avoidance of doubt, admissible in evidence in civil proceedings, including proceedings under this Act. |
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(3) Nothing in this Part —| (a) | compels a professional legal adviser or a legal counsel in an entity to disclose or produce a privileged communication, or a document or other material containing a privileged communication, made by or to the professional legal adviser or legal counsel in the entity (as the case may be) in that capacity; or | | (b) | authorises the taking of any such document or other material which is in the possession of the professional legal adviser or legal counsel in an entity. |
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| (4) A professional legal adviser or a legal counsel in an entity who refuses to disclose the information or produce the document or other material mentioned in subsection (3) is nevertheless obliged to give the name and address (if the professional legal adviser or legal counsel in the entity, as the case may be, knows them) of the person to whom, or by or on behalf of whom, that privileged communication was made. |
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PART IIIB | Refusal to provide information, etc. |
12O.—(1) Any person who fails to comply with a requirement imposed on him under section 12H, 12I, 12J, 12L or 12M 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.(2) If a person is charged with an offence under subsection (1) in respect of a requirement to produce a document, it is a defence for the person to prove that —| (a) | the document was not in the person’s possession or under the person’s control; and | | (b) | it was not reasonably practicable for the person to comply with the requirement. |
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(3) If a person is charged with an offence under subsection (1) in respect of a requirement —| (a) | to provide information; | | (b) | to provide an explanation of a document; or | | (c) | to state where a document is to be found, |
| it is a defence for the person to prove that the person had a reasonable excuse for failing to comply with the requirement. |
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| (4) Failure to comply with a requirement imposed under section 12H, 12I, 12J, 12L or 12M is not an offence if the person imposing the requirement has failed to act in accordance with that section. |
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| Destroying or falsifying documents |
12P. Any person who, having been required to produce a document under section 12H, 12I, 12J or 12L —| (a) | intentionally or recklessly destroys or otherwise disposes of, falsifies or conceals the document; or | | (b) | causes or permits the destruction, disposal, falsification or concealment of the document, |
| 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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| False or misleading information |
12Q.—(1) Any person who provides information to the Board, an investigation officer or an authorised assistant mentioned in section 12I or 12J in connection with an investigation mentioned in section 12G(1) or any offence in this Part, knowing the information to be false or misleading in a material particular or being reckless as to whether the information is false or misleading in a material particular shall be guilty of an offence.(2) A person who provides information that is false or misleading in a material particular to another person —| (a) | knowing that the information is to be used for the purpose of providing information to the Board, an investigation officer or an authorised assistant mentioned in section 12I or 12J in connection with any function or duty of the Board or investigation officer under this Act; and | | (b) | knowing the information to be false or misleading in a material particular, or being reckless as to whether the information is false or misleading in a material particular, |
| shall be guilty of an offence. |
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| (3) A person who is guilty of an offence under subsection (1) or (2) 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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| Obstructing officer of Board, etc. |
12R. Any person who, without reasonable excuse, obstructs, hinders or impedes —| (a) | any of the Board’s members, officers or employees; or | | (b) | any investigation officer or authorised assistant mentioned in section 12I or 12J, |
| in the discharge of their duties or the exercise of their powers under this Act or any regulations made under this Act 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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| No costs or damages or other relief arising from seizure recoverable unless seizure without reasonable or probable cause |
| 12S. No person is, in any proceedings before any court in respect of any equipment, goods, article or document seized in the exercise or the purported exercise of any power conferred under this Act, entitled to the costs of the proceedings or to any damages or other relief other than an order for the return of the equipment, goods, article or document or the payment of their value unless the seizure was made without reasonable or probable cause. |
12T.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that —| (a) | an officer, employee or agent of the corporation engaged in that conduct within the scope of his actual or apparent authority; and | | (b) | the officer, employee or agent had that state of mind, |
| is evidence that the corporation had that state of mind. |
(2) Where a corporation commits an offence under this Act, a person —| (a) | who is —| (i) | an officer of the corporation; or | | (ii) | an individual who is involved in the management of the corporation and is in a position to influence the conduct of the corporation in relation to the commission of the offence; and |
| | (b) | who —| (i) | consented or connived, or conspired with others, to effect the commission of the offence; | | (ii) | is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or | | (iii) | knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, |
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| shall be guilty of the same offence as is the corporation, and shall be liable on conviction to be punished accordingly. |
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| (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear. |
(4) To avoid doubt, this section does not affect the application of —| (a) | Chapters V and VA of the Penal Code (Cap. 224); or | | (b) | the Evidence Act (Cap. 97) or any other law or practice regarding the admissibility of evidence. |
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| (5) To avoid doubt, subsection (1) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence. |
(6) In this section —| “corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act (Cap. 163A); |
“officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes —| (a) | any person purporting to act in any such capacity; and | | (b) | for a corporation whose affairs are managed by its members, any of those members as if the member was a director of the corporation; |
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“state of mind” of a person includes —| (a) | the knowledge, intention, opinion, belief or purpose of the person; and | | (b) | the person’s reasons for the intention, opinion, belief or purpose. |
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| Offences by unincorporated associations or partnerships |
12U.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that —| (a) | an employee or agent of the unincorporated association or the partnership engaged in that conduct within the scope of his actual or apparent authority; and | | (b) | the employee or agent had that state of mind, |
| is evidence that the unincorporated association or partnership had that state of mind. |
(2) Where an unincorporated association or a partnership commits an offence under this Act, a person —| (a) | who is —| (i) | an officer of the unincorporated association or a member of its governing body; | | (ii) | a partner in the partnership; or | | (iii) | an individual who is involved in the management of the unincorporated association or partnership and who is in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and |
| | (b) | who —| (i) | consented or connived, or conspired with others, to effect the commission of the offence; | | (ii) | is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or | | (iii) | knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, |
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| shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly. |
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| (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear. |
(4) To avoid doubt, this section does not affect the application of —| (a) | Chapters V and VA of the Penal Code (Cap. 224); or | | (b) | the Evidence Act (Cap. 97) or any other law or practice regarding the admissibility of evidence. |
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| (5) To avoid doubt, subsection (1) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. |
(6) In this section —“officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes —| (a) | any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and | | (b) | any person purporting to act in any such capacity; |
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| “partner” includes a person purporting to act as a partner; |
“state of mind” of a person includes —| (a) | the knowledge, intention, opinion, belief or purpose of the person; and | | (b) | the person’s reasons for the intention, opinion, belief or purpose. |
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12V.—(1) The chief executive or any officer of the Board authorised by the chief executive may compound any offence under this Act that is prescribed as a compoundable offence by collecting from the 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 that offence; | | (b) | $5,000. |
| (2) On payment of such 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 are to be paid into the Consolidated Fund. |
| (4) The members, officers and employees of the Board are, in relation to their administration, assessment, collection and enforcement of payment of composition sums under this section, deemed to be public officers for the purposes of the Financial Procedure Act (Cap. 109), and section 20 of that Act applies to these persons even though they are not or were not in the employment of the Government.”. |
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