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Contents  

Long Title

Part I PRELIMINARY

Part II EXCLUSIVE PRIVILEGE AND LICENSING, ETC., OF TELECOMMUNICATION SYSTEMS

Part III ERECTION, MAINTENANCE AND REPAIR OF TELECOMMUNICATION INSTALLATIONS

Part IV CODES OF PRACTICE, STANDARDS OF PERFORMANCE, DIRECTIONS AND ADVISORY GUIDELINES ON TELECOMMUNICATIONS

Part V TELECOMMUNICATION CABLE DETECTION WORK

Part VA CONTROL OF DESIGNATED TELECOMMUNICATION LICENSEES, DESIGNATED BUSINESS TRUSTS AND DESIGNATED TRUSTS

Part VB SPECIAL ADMINISTRATION ORDER

Part VC ALTERNATIVE DISPUTE RESOLUTION SCHEME

Part VI OFFENCES AND PENALTIES

Part VII INTERNATIONAL OBLIGATIONS AND NATIONAL INTERESTS

Part VIII ENFORCEMENT POWERS AND PROCEDURES

Part IX GENERAL PROVISIONS

Legislative History

Comparative Table

 
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PART VIII
ENFORCEMENT POWERS AND PROCEDURES
Power to require information, etc.
59.
—(1)  The Authority or any officer authorised by the Authority in that behalf may, for the purposes of conducting an investigation or for discharging its functions under this Act, by order require any person to produce to the Authority any document, or to provide the Authority with any information, which the Authority considers to be related to any matter relevant to the investigation or for discharging its functions under this Act.
[10/2005 wef 16/02/2005]
(2)  The Authority or the officer authorised by the Authority in that behalf shall be entitled without payment to keep any copy or extract of any document furnished to him under subsection (1).
[10/2005 wef 16/02/2005]
(3)  The Authority or any officer authorised by the Authority in that behalf shall at all reasonable times in the day have full and free access to all buildings, places, books, documents and other papers for the purpose of conducting an investigation or discharging its functions under this Act, and may, without payment, inspect, copy or make extracts from any such books, documents or papers.
[10/2005 wef 16/02/2005]
(4)  The Authority may take possession of any equipment, books, documents or papers where in its opinion —
(a)
the equipment, books, documents or papers may be interfered with or destroyed unless possession is taken; or
(b)
the equipment, books, documents or papers may be required as evidence in proceedings for an offence under this Act or any regulations made thereunder.
(5)  The rights conferred by this section shall, in relation to information recorded otherwise than in legible form, include the right to require the information to be made available in legible form for inspection or for a copy or extract to be made of or from it.
(5A)  The power under this section to require a person to produce a document includes the power —
(a)
if the document is produced, to require such person, or any person who is a present or past officer of his or is or was at any time employed by him, to provide an explanation of the document; or
(b)
if the document is not produced, to require such person to state, to the best of his knowledge and belief, where it is.
[10/2005 wef 16/02/2005]
(6)  Any person who —
(a)
fails to comply with any requirement specified in any order under subsection (1);
(b)
intentionally alters, suppresses or destroys any document or information which he has been required by any order under subsection (1) to furnish or transmit to; or
(c)
in furnishing any information required of him under any order under subsection (1), makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular,
shall be guilty of an offence.
[10/2005 wef 16/02/2005]
(6A)  If a person is charged with an offence under subsection (6) in respect of a requirement to produce any document or information under subsection (1), it shall be a defence for him to prove that —
(a)
the document was not in his possession or under his control;
(b)
it was not reasonably practicable for him to comply with the requirement; or
(c)
he had a reasonable excuse for failing to provide the information required.
[10/2005 wef 16/02/2005]
(7)  No person shall by virtue of this section be obliged to disclose any particulars as to which he is under any statutory obligation to observe secrecy.
(8)  In this section and sections 61 and 63 —
“document” includes any electronic record;
“electronic record” has the same meaning as in the Electronic Transactions Act (Cap. 88).
[10/2005 wef 16/02/2005]
Power to examine, etc.
59A.
—(1)  An officer of the Authority who is authorised by the Authority for the purpose of this section (called in this section the authorised officer) may, for the purposes of investigating an offence under this Act, do all or any of the following:
(a)
require any person whom the authorised officer reasonably believes to have committed that offence to furnish evidence of that person’s identity;
(b)
require, by written notice, any person within the limits of Singapore, who appears to be acquainted with the facts or circumstances of the matter to attend before the authorised officer;
(c)
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; or
(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.
(2)  A person examined under subsection (1)(c) 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 or punishment.
(3)  A statement made by a person examined under subsection (1)(c) must —
(a)
be reduced to writing;
(b)
be read over to the person;
(c)
if the person does not understand English, be interpreted to the person in a language that the person understands; and
(d)
after correction (if necessary), be signed by the person.
(4)  Any person who —
(a)
fails, without reasonable excuse, to furnish the information required of that person under subsection (1)(a);
(b)
fails, without reasonable excuse, to comply with a notice issued to that person under subsection (1)(b); or
(c)
furnishes any information or makes any statement under this section which the person knows to be false or misleading in any material particular,
shall be guilty of an offence.
Powers of arrest and search in respect of seizable offences
60.
—(1)  The Chief Executive or any employee of the Authority deputed by him to act under this section or any police officer may arrest without warrant —
(a)
any person found committing or attempting to commit or employing or aiding any person to commit a seizable offence under this Act; or
(b)
any person against whom a reasonable suspicion exists that he has been guilty of a seizable offence under this Act,
and may search any person so arrested, except that no female shall be searched except by a female.
(2)  Every person so arrested shall, together with any article as to which an offence may have been committed or attempted to be committed, be taken to a police station.
(3)  For the purposes of this section, offences punishable under sections 33, 41, 42, 43, 44, 45, 46, 49 and 52 shall be deemed to be seizable offences within the meaning of the Criminal Procedure Code (Cap. 68).
Powers of search and arrest in respect of offences under section 33 or 44
61.
—(1)  Whenever it appears to any police officer or the Chief Executive or any employee of the Authority authorised to act for him under this section that an offence under section 33 or 44 is being committed or is about to be committed or attempted, or that any article is concealed or deposited or contained in or on any vessel, aircraft, vehicle or premises in contravention of either of those sections, the police officer or the Chief Executive or the employee of the Authority may, if he has reasonable grounds for believing that by reason of the delay in obtaining a search warrant the article is likely to be removed —
(a)
stop and examine the vessel, aircraft or vehicle or enter the premises and there search for and take possession of any article and of any book or document which is reasonably believed to have a bearing on the case; and
(b)
arrest any person being in the vessel, aircraft, vehicle or premises in whose possession the article may be found or whom the police officer or the Chief Executive or the employee of the Authority may reasonably suspect to have concealed or deposited the article and may search any person so arrested, except that no female shall be searched except by a female.
(2)  Every person so arrested shall, together with any such article, be taken to a police station.
Obstruction of police officer or Chief Executive or employee of Authority
62.  Any person who intentionally obstructs a police officer or the Chief Executive or any employee of the Authority authorised to act for him in the execution of his duty under section 37 or 61 shall be guilty of an offence.
No costs or damages or other relief arising from seizure to be recoverable unless seizure without reasonable or probable cause
63.  No person shall, in any proceedings before any court in respect of any equipment, article, book or document seized in the exercise or the purported exercise of any power conferred under this Act, be entitled to the costs of the proceedings or to any damages or other relief other than an order for the return of the equipment, article, book or document or the payment of their value unless the seizure was made without reasonable or probable cause.
Composition of offences
64.
—(1)  Any police officer not below the rank of sergeant specially authorised by name in that behalf by the Minister, or any employee of the Authority specially authorised by name in that behalf by the Chief Executive, may in his discretion compound any such offence under this Act or any regulations made thereunder as may be prescribed as being an offence which may be compounded by collecting from the person reasonably suspected of having committed the offence a sum not exceeding $5,000.
[10/2005 wef 16/02/2005]
(2)  The Authority may, with the approval of the Minister, make regulations prescribing the offences which may be compounded.
General penalties
65.  Any person guilty of an offence under this Act or any regulations made thereunder for which no penalty is expressly provided shall, in addition to the forfeiture of any article seized, be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction.
[10/2005 wef 16/02/2005]
Saving of prosecutions under other written laws
66.
—(1)  Nothing in this Act shall prevent any person from being prosecuted under any other written law for any act or omission which constitutes an offence under this Act or any regulations made thereunder, or from being liable under that other written law to any punishment or penalty higher or other than that provided by this Act or the regulations.
(2)  No person shall be punished twice for the same offence.
Jurisdiction of Courts
67.  A Magistrate’s Court or a District Court shall have jurisdiction to hear and determine all offences under this Act and, notwithstanding anything to the contrary in the Criminal Procedure Code (Cap. 68), shall have power to impose the full penalty or punishment in respect of any offence under this Act.
Offences by bodies of persons
68.  Where an offence under this Act or any regulations made thereunder has been committed by a company, firm, society or other body of persons, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer or a partner of the company, firm, society or other body of persons or was purporting to act in such capacity shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly unless he proves that —
(a)
the offence was committed without his consent or connivance; and
(b)
he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.