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(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 70 or 71 lies on him or her.
PART 4
INSPECTION AND INVESTIGATIONS
Inspection by Authority
74.—(1) The Authority may from time to time inspect, under conditions of secrecy, the
books of any —
(a)
licensee;
(b)
exempt person or a person exempt under section 102;
(c)
operator of a designated payment system;
(d)
settlement institution of a designated payment system; or
(e)
participant of a designated payment system.
(2)
For the purposes of an inspection under this section —
(a)
a person mentioned in subsection (1) in possession of its books must produce such
books to the Authority and give such information or facilities as the Authority may
require to conduct the inspection;
(b)
a person referred to in subsection (1) must procure any person that is in possession
of its books to produce the books to the Authority and give such information or
facilities as the Authority may require to conduct the inspection; and
(c)
the Authority may —
(i)
make copies of, or take possession of, any such books;
(ii)
use, or permit the use of, any such books for the purposes of any proceedings
under this Act; and
(iii)
subject to subsection (4), retain possession of any such books for so long as
is necessary —
(A)
for the purposes of exercising a power conferred by this section;
(B)
for a decision to be made on whether or not proceedings should be
commenced under this Act in relation to such books; or
(C)
for such proceedings to be commenced and carried on.
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(3)
A person is not entitled, as against the Authority, to claim a lien on any of the books,
but such a lien is not otherwise prejudiced.
(4)
While the books are in the possession of the Authority, the Authority —
(a)
must permit another person to inspect at all reasonable times such (if any) of the
books as the other person would be entitled to inspect if they were not in the
possession of the Authority; and
(b)
may permit another person to inspect any of the books.
(5)
The Authority may require a person that produced any book to the Authority to explain,
to the best of the person’s knowledge and belief, any matter about the compilation of the book
or to which the book relates.
(6)
Any person that fails, without reasonable excuse, to comply with subsection (2)(a) or
(b) or a requirement of the Authority under subsection (5) shall be guilty of an offence and
shall be liable on conviction —
(a)
in the case of an individual, to a fine not exceeding $50,000 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 $5,000 for every day or part of a day during which the
offence continues after conviction; or
(b)
in any other case, to a fine not exceeding $100,000 and, in the case of a continuing
offence, to a further fine not exceeding $10,000 for every day or part of a day during
which the offence continues after conviction.
Investigation by Authority
75.—(1) The Authority may conduct such investigation as it considers necessary or
expedient for any of the following purposes:
(a)
to determine whether —
(i)
a licensee, exempt person, or a person exempt under section 102 is carrying
on its business in a manner likely to be detrimental to the interests of its
customers;
(ii)
a licensee, exempt person, or a person exempt under section 102 is
conducting its payment service business in a proper manner;
(iii)
an operator of a designated payment system or a licensee who is the operator
of a payment system, as the case may be, is operating the payment system in
a manner likely to be detrimental to the interests of its customers;
(iv)
an operator of a designated payment system or a licensee who is the operator
of a payment system, as the case may be, is operating the payment system in
a proper manner;
(v)
a settlement institution of a designated payment system or a licensee who is
a settlement institution of a payment system, as the case may be, is carrying
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on its business as a settlement institution in a manner likely to be detrimental
to the interest of the participants of the payment system;
(vi)
a settlement institution of a designated payment system or licensee who is a
settlement institution of a payment system, as the case may be, is conducting
its business as a settlement institution in a proper manner;
(vii)
a participant of a designated payment system or a licensee who is a
participant of a payment system is carrying on its business as a participant in
a manner likely to be detrimental to the interests of the other participants of
the payment system.
(b)
to investigate an alleged or suspected offence or contravention of any provision of
this Act;
(c)
to ensure compliance with this Act or any notice in writing issued by the Authority
under this Act.
(2)
For the purposes of subsection (1), the Authority may —
(a)
by notice in writing, require any person to provide information or to produce books
relating to any matter under investigation, and such person must immediately
comply with that requirement;
(b)
make copies of, or take possession of, any such books;
(c)
use, or permit the use of, any such books for the purposes of any proceedings under
this Act; and
(d)
subject to subsection (4), retain possession of any such books for so long as is
necessary —
(i)
for the purposes of exercising a power conferred by this section;
(ii)
for a decision to be made on whether or not proceedings should be
commenced under this Act in relation to such books; or
(iii)
for such proceedings to be commenced and carried on.
(3)
A person is not entitled, as against the Authority, to claim a lien on any of the books,
but such a lien is not otherwise prejudiced.
(4)
While the books are in the possession of the Authority, the Authority —
(a)
must permit another person to inspect at all reasonable times such (if any) of the
books as the other person would be entitled to inspect if they were not in the
possession of the Authority; and
(b)
may permit another person to inspect any of the books.
(5)
The Authority may require a person that produced any book to the Authority to explain,
to the best of the person’s knowledge and belief, any matter about the compilation of the book
or to which the book relates.
(6)
The Authority may exercise any of its powers for the purposes of conducting an
investigation under this section despite the provisions of any prescribed written law (or any
requirement imposed under the prescribed written law) or any rule of law.
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