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(b)
require any officer or employee of the licensee, or any other auditor of the licensee,
to produce any books held by or on behalf of the licensee relating to its business;
(c)
make copies of or take extracts from, or retain possession of, any books mentioned
in paragraph (b) for such period as may be necessary to enable them to be inspected;
(d)
employ such persons as the auditor considers necessary to assist the auditor in
carrying out the examination or audit; and
(e)
authorise in writing any person employed by the auditor to do, in relation to the
examination or audit, any act or thing that the auditor could do as an auditor under
this subsection, other than the examination of a person on oath or affirmation.
(2)
Any individual who, without reasonable excuse —
(a)
refuses or fails to answer any question put to him or her; or
(b)
fails to comply with any request made to him or her,
by an auditor appointed under section 38(2) or a person authorised under subsection (1)(e) shall
be guilty of an offence and shall be liable on conviction to a fine not exceeding $12,500 or to
imprisonment for a term not exceeding 12 months or to both.
Restriction on auditor’s and employee’s right to communicate certain matters
40.—(1) Except as may be necessary for the carrying into effect of the provisions of this
Act or so far as may be required for the purposes of any legal proceedings, whether civil or
criminal —
(a)
an auditor appointed under section 38(1) or (2); or
(b)
any employee of such auditor,
must not disclose any information that comes to the auditor’s or employee’s knowledge in the
course of performing the auditor’s or employee’s duties, to any person other than the Authority,
or in the case of an employee of such auditor, the auditor.
(2)
Any person that contravenes this section shall be guilty of an offence and shall be liable
on conviction —
(a)
in the case of the auditor, to a fine not exceeding $25,000; or
(b)
in the case of the employee, to a fine not exceeding $12,500.
Offence to destroy, conceal, alter, etc. records
41.—(1) Any individual who, with intent to prevent, delay or obstruct the carrying out of
any examination or audit under section 38 or 39 —
(a)
destroys, conceals or alters any book relating to the business of a licensee; or
(b)
sends, or conspires with any other person to send, out of Singapore, any book or
asset of any description belonging to, in the possession of or under the control of
the licensee,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000
or to imprisonment for a term not exceeding 2 years or to both.
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(2)
If, in any proceedings for an offence under subsection (1), it is proved that the individual
charged with the offence —
(a)
destroyed, concealed or altered any book mentioned in subsection (1)(a); or
(b)
sent, or conspired to send, out of Singapore, any book or asset mentioned in
subsection (1)(b),
the onus of proving that, in so doing, the individual did not act with intent to prevent, delay or
obstruct the carrying out of an examination or audit under section 38 or 39 lies on him or her.
PART 3
PAYMENT SYSTEMS
Division 1 – Information gathering powers over Payment Systems
Provision of information to the Authority
42.—(1) The Authority may, by notice in the form and manner prescribed, require –
(a)
any participant;
(b)
any operator or any person acting on behalf of an operator; or
(c)
any settlement institution,
of a payment system to provide to the Authority, within a reasonable period specified in the
notice, all such information relating to the payment system as may be required by the Authority.
(2) Without affecting the generality of subsection (1), the Authority may in a notice issued
under that subsection require any person referred to in paragraph (a), (b) or (c) of subsection
(1) to provide, whether in the form of a return to be provided on a periodic basis or otherwise
–
(a)
information relating to –
(i)
the operation of the payment system; and
(ii)
the pricing of, or other form of consideration for, the services offered by the
payment system;
(b)
information relating to the participation or other involvement of that person in the
payment system; and
(c)
such other information as the Authority may require for the purposes of this Act.
(3) Subject to subsection (5), any person to whom a notice is issued under subsection (1) must
comply with the notice.
(4) Any person who fails to comply with a notice issued under subsection (1) shall be guilty
of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to
imprisonment for a term not exceeding 2 years or to both, and in the case of a continuing
offence, to a further fine not exceeding $10,000 for every day or part thereof during which the
offence continues after conviction.
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(5) A person to whom a notice is issued under subsection (1) is not obliged to disclose any
information where he is prohibited by any written law from disclosing such information.
Division 2 – Designation of Payment Systems
Power of Authority to designate payment systems
43.—(1) The Authority may, by order published in the Gazette, designate a payment
system as a designated payment system for the purposes of this Act, if the Authority is satisfied
that —
(a)
a disruption in the operations of the payment system could trigger, cause or transmit
further disruption to participants or systemic disruption to the financial system of
Singapore;
(b)
a disruption in the operations of the payment system could affect public confidence
in payment systems or the financial system of Singapore;
(c)
where the payment system is widely used in Singapore or its operations may have
an impact on the operation of one or more payment systems in Singapore, it is
necessary to ensure efficiency or competitiveness in any of the services provided
by the operator of the payment system; or
(d)
it is otherwise in the interests of the public to do so.
(2) Any order made under subsection (1) shall continue to have effect until it is withdrawn by
the Authority and the order must —
(a)
in the case of a payment system designated under subsection (1)(a), (b) and (d),
identify the operator and the settlement institution of the designated payment
system, and
(b)
in the case of a payment system designated under subsection (1)(c), state that it is
designated under subsection (1)(c) and identify the operator of the designated
payment system.
(3) An operator or a settlement institution who is aggrieved by a decision of the Authority to
designate the payment system as a designated payment system may, within 30 days after the
order is published in the Gazette, appeal in writing to the Minister whose decision shall be
final.
(4) Notwithstanding the lodging of an appeal under subsection (3), the designation by the
Authority under this section continues to have effect pending the decision of the Minister.
(5) The Minister may, when deciding an appeal under subsection (3), direct that the Authority
must not designate the payment system as a designated payment system, and such direction
takes effect from the date of the decision of the Minister.
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