Warrant to Enter Premises and Exercise the Statutory Powers under Section 65 of the Competition Act 2004
in the Subordinate Courts of the Republic of Singapore
To [insert name of undertaking], who is believed to be the occupier of the premises and to any person in charge of, or operating at or from, the premises:
You should read the terms of this Warrant very carefully. You are advised to seek legal advice as soon as possible. If you intentionally obstruct an officer or fail to comply with any reasonable requirement imposed by any of the officers or other persons exercising their powers under the Warrant, you may be committing a criminal offence under sections 75 to 78 of the Act, the relevant terms of which are set out in Schedule A to this Warrant. A criminal offence under any of those sections is punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both.
Upon the application of the CCS under section 65(1) [insert the relevant subsection (a), (b) or (c)] of the Act in this matter and upon reading the affidavit of [insert name] (“the named officer”) filed the..........day of .......... 20........ and the Court having been satisfied that there are [insert the text of the relevant subsection (a), (b) or (c) as appropriate] —
It is ordered that —
1. This Warrant be issued to the CCS under section 65 of the Act in respect of an investigation under section 62 of the Act.
2. [Set out the subject matter and purpose of the investigation].
3. This Warrant continues in force until the end of the period of one (1) month beginning with the day on which it is issued and may be executed on any one or more days within that period.
4. By this Warrant the named officer [and “such other officers and person(s) authorised in writing by the CCS to accompany the named officer” or “such other person( s) required by the named officer” named] in Schedule B, are authorised to produce this Warrant and on producing this Warrant:
(a)
to enter the premises using such force as is reasonably necessary for the purpose;
(b)
to search any person on the premises if there are reasonable grounds for believing that that person has in his possession any document, equipment or article which has a bearing on the investigation;
(c)
to search the premises and take copies of, or extracts from, any document appearing to be of a kind in respect of which the application referred to in this Warrant was granted (“the relevant kind”);
(d)
to take possession of any document appearing to be of the relevant kind if —
(i)
such action appears to be necessary for preserving the document or preventing interference with it; or
(ii)
it is not reasonably practicable to take copies of the document on the premises,
and to retain possession of any documents so taken for a maximum period of three (3) months;
(e)
to take any other step which appears to be necessary for preserving any documents of the relevant kind or preventing interference with them including but not limited to a requirement to seal the premises or any part thereof (including any office, cupboard or file, etc.) for not more than seventy-two (72) hours, except where the occupier consents to a longer period or where access to the documents is unduly delayed;
(f)
to require any person to provide an explanation of any document appearing to be of the relevant kind or to state, to the best of his knowledge and belief, where it may be found;
(g)
to require any information which is stored in any electronic form and is accessible from the premises and which the named officer considers relates to any matter relevant to the investigation, to be produced in a form —
(i)
in which it can be taken away; and
(ii)
in which it is visible and legible,
and the power to require such information to be produced includes the power to require any document to be produced which the named officer believes may contain that information;
(h)
to remove from those premises for examination any equipment or article which relates to any matter relevant to the investigation, or instead of removing from the premises for examination any such equipment or article, allow them to be retained on the premises subject to such conditions as may be imposed; and
(i)
to take action as mentioned in sub-paragraphs (a) to (h) above in relation to any other documents on the premises relating to the investigation described in paragraphs 1 and 2 above. [Sub-paragraph (i) to be included in a warrant applied under section 65(1)(b) of the Act if the Judge so orders.]
5. Where the premises are occupied when this Warrant is executed, the named officer shall produce this Warrant upon arrival and serve a copy thereof personally on the occupier or person appearing to be in charge of the premises thereafter, as soon as practically possible.
6. Any person entering the premises by virtue of this Warrant may take with him such equipment as appears to him to be necessary.
7. If there is no one at the premises when the named officer proposes to execute this Warrant, he must, before executing it —
(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, afford him or his legal or other representative a reasonable opportunity to be present when this Warrant is executed.
8. If the named officer is unable to inform the occupier of the intended entry he must, when executing this Warrant, leave a copy of it in a prominent place on the premises.
9. On leaving the premises, the named officer must, if they are unoccupied or the occupier is temporarily absent, leave them as effectively secured as he found them.
10. Terms used in this Warrant have the following meanings in accordance with the Act:
“document” includes information recorded in any form;
“information” includes estimates and forecasts;
“named officer” means —
(a)
an officer of the CCS named in the warrant; or
(b)
the inspector named in the warrant,
as the case may be;
“occupier” means any person whom the named officer reasonably believes is the occupier of the premises; and
“premises” does not include domestic premises unless —
(a)
they are used in connection with the affairs of an undertaking; or
(b)
documents relating to the affairs of an undertaking are kept there,
but includes any vehicle.
Schedule A
The relevant provisions of sections 75 to 78 of the Competition Act 2004 are as follows:
Refusal to provide information, etc.
75.—(1) Any person who fails to comply with a requirement imposed on him under section 63, 64 or 65 shall be guilty of an offence.
(2) If a person is charged with an offence under subsection (1) in respect of a requirement to produce a document, it shall be a defence for him to prove that —
(a)
the document was not in his possession or under his control; and
(b)
it was not reasonably practicable for him to comply with the requirement.
(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 shall be a defence for him to prove that he had a reasonable excuse for failing to comply with the requirement.
(4) Failure to comply with a requirement imposed under section 63 or 64 shall not be an offence if the person imposing the requirement has failed to act in accordance with that section.
Destroying or falsifying documents
76. Any person who, having been required to produce a document under section 63, 64 or 65 —
(a)
intentionally or recklessly destroys or otherwise disposes of it, falsifies it or conceals it; or
(b)
causes or permits its destruction, disposal, falsification or concealment,
shall be guilty of an offence.
False or misleading information
77.—(1) Any person who provides information to the Commission, an investigating officer or an inspector or any person authorised, appointed or employed to assist the Commission, investigating officer or inspector, in connection with any function or duty of the Commission, investigating officer or inspector under this Act shall be guilty of an offence if —
(a)
the information is false or misleading in a material particular; and
(b)
he knows that it is false or misleading in a material particular or is reckless as to whether it is.
(2) A person who —
(a)
provides an information to another person, knowing the information to be false or misleading in a material particular; or
(b)
recklessly provides any information to another person which is false or misleading in a material particular,
knowing that the information is to be used for the purpose of providing information to the Commission, an investigating officer or an inspector or any person authorised, appointed or employed to assist the Commission, investigating officer or inspector, in connection with any function or duty of the Commission, investigating officer or inspector under this Act, shall be guilty of an offence.
Obstruction of officer of Commission, etc.
78. Any person who refuses to give access to, or assaults, hinders or delays any member, officer, employee or agent of the Commission authorised to act for or assist the Commission, or any inspector or person assisting an inspector, in the discharge of his duties under this Act shall be guilty of an offence.
Schedule B
The Officer[s] [and other persons] authorised under this Warrant of Arrest are as follows:
[List Officers and other persons]
Dated this ........... day of ............ 20 ...... .