Section 21A
Special power of investigation. [S 59/2007]
(1)
Notwithstanding anything to the contrary in any other written law, the Director may, if he considers that any evidence of the commission of an offence against this Act or of any conspiracy to commit, or of an abetment of that offence, by any person is likely to be found in any book, receipt, voucher, electronic record or other document, in respect of the payment of money or the delivery of property to —
(a)
that person;
(b)
the spouse, parent or child of that person; or
(c)
a person reasonably believed by the Director to be a trustee or agent for that person or the spouse, parent or child of that person, by order authorise, in writing, any officer of the Bureau specified in such authorisation to inspect any such book, account, receipt, voucher, electronic record or other document.
(2)
An officer authorised under subsection (1) may, at all reasonable times, enter any premises specified in the order and inspect any such book, account, receipt, voucher, electronic record or other document and may take copies thereof or of any part thereof.
Misuse of Drugs
B.L.R.O. 2/2013 21
(3)
Any person who fails to produce any such book, account, receipt, voucher, electronic record or other document which is in his possession or control, is guilty of an offence.
(4)
A person is not excused from producing or making available any material when required to do so by an order under this section on the ground that —
(a)
the production or making available of the material might tend to incriminate him or make him liable to a penalty; or
(b)
the production or making available of the material would be in breach of an obligation (whether imposed by law or otherwise) by him not to disclose the existence or contents of that material.
(5)
Where an order under this section relates to an electronic record, such order shall have effect as an order to produce the record in a form which it is visible and legible.
(6)
In this section —
“bank” means a company which carries on banking business and holds a licence granted under section 4 or 23 of the Banking Order,
2006 (S 45/2006);
“book” includes any ledger, day-book, cash-book, account-book and any other book and document used in the ordinary course of the business of a bank or of any other person;
“electronic record” means a record generated, communicated, received or stored by electronic, magnetic, optical or other means in an information system or for transmission from one information system to another.