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In force2024 Revised Edition
Contents

Part · Enforcement Powers and Procedures

50. Power to examine etc.

(1)

An authorised officer may, for the purpose of investigating an offence under this Act or any regulations made thereunder, 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

Brunei Darussalam, 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 proceedings 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)

shall —

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(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, is guilty of an offence and liable on conviction to a fine not exceeding $5,000, imprisonment for a term not exceeding 12 months or both.

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