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52
NO. 27 OF 2018


Notice to attend court

33.—(1) Where it appears to the Director or any enforcement officer that any person has committed an offence under this Act, the Director or enforcement officer may, in his or her discretion, serve upon the person a notice in such form as may be prescribed requiring the person to attend the court, at the hour and on the date specified in the notice.

(2) The Director or enforcement officer must prepare a duplicate of the notice mentioned in subsection (1) and, if so required by a court, produce the same to the court.

(3) On an accused person appearing before a court in pursuance of such a notice, the court shall take cognizance of the offence alleged and must proceed as though the accused person were produced before the court under section 153 of the Criminal Procedure Code (Cap. 68).

(4) If a person, upon whom such a notice has been served, fails to appear before a court in accordance therewith, the court must thereupon issue a warrant for arrest of that person.

(5) Upon a person arrested in pursuance of a warrant issued under subsection (4) being produced before a court, the court must—

(a) proceed as though the person was produced under section 153 of the Criminal Procedure Code; and
(b) at the conclusion of the proceedings, call upon the person to show cause why he or she should not be punished for failing to attend in compliance with the notice served upon him or her and, if cause is not shown, may order him or her to pay such fine not exceeding $2,000 as the court thinks fit or may commit him or her to prison for a term not exceeding 2 months.

Protection from personal liability

34.—(1) No liability shall lie personally against the Director, any authorised officer, enforcement officer, protector, relevant support person or other person acting under the direction of the Director or a protector who, acting in good faith and with reasonable care, does or omits to do anything —

(a) in the execution or purported execution of this Act; or