On 20/05/2013,
you requested for the version in force on 20/05/2013
incorporating all amendments published on or before 20/05/2013.
The closest version currently available is that of 30/12/1999.
PART XII
GENERAL
48.
—(1) Except for the purposes of this Act or for any prosecution for an offence under any written law or pursuant to an order of court, no person who has, pursuant to any powers conferred under this Part, obtained access to any electronic record, book, register, correspondence, information, document or other material shall disclose such electronic record, book, register, correspondence, information, document or other material to any other person.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
49. Where an offence under this Act or any regulations made thereunder is committed by a body corporate, and it is proved to have been committed with the consent or connivance of, or to be attributable to any act or default on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
50.
—(1) The Controller may in writing authorise any officer or employee to exercise any of the powers of the Controller under this Part.
(2) The Controller and any such officer shall be deemed to be a public servant for the purposes of the Penal Code (Cap. 224).
(3) In exercising any of the powers of enforcement under this Act, an authorised officer shall on demand produce to the person against whom he is acting the authority issued to him by the Controller.
51.
—(1) The Controller may, by notice in writing, direct a certification authority or any officer or employee thereof to take such measures or stop carrying on such activities as are specified in the notice if they are necessary to ensure compliance with the provisions of this Act or any regulations made thereunder.
(2) Any person who fails to comply with any direction specified in a notice issued under subsection (1) 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 12 months or to both.
52.
—(1) The Controller or an authorised officer may investigate the activities of a certification authority in relation to its compliance with this Act and any regulations made thereunder.
(2) For the purposes of subsection (1), the Controller may in writing issue an order to a certification authority to further its investigation or to secure compliance with this Act or any regulations made thereunder.
53.
—(1) The Controller or an authorised officer shall be entitled at any time to —
(a)
have access to and inspect and check the operation of any computer system and any associated apparatus or material which he has reasonable cause to suspect is or has been in use in connection with any offence under this Act; and
(b)
use or caused to be used any such computer system to search any data contained in or available to such computer system.
(2) The Controller or an authorised officer shall be entitled to require —
(a)
the person by whom or on whose behalf the Controller or authorised officer has reasonable cause to suspect the computer is or has been so used; or
(b)
any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,
to provide him with such reasonable technical and other assistance as he may require for the purposes of subsection (1).
(3) Any person who —
(a)
obstructs the lawful exercise of the powers under subsection (1); or
(b)
fails to comply with a request under subsection (2),
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
54. Any person who obstructs, impedes, assaults or interferes with the Controller or any authorised officer in the performance of his functions under this Act shall be guilty of an offence.
55. The Controller or an authorised officer shall, for the purposes of the execution of this Act, have power to do all or any of the following:
(a)
require the production of records, accounts, data and documents kept by a licensed certification authority and to inspect, examine and copy any of them;
(b)
require the production of any identification document from any person in relation to any offence under this Act or any regulations made thereunder;
(c)
make such inquiry as may be necessary to ascertain whether the provisions of this Act or any regulations made thereunder have been complied with.
56. Any person guilty of an offence under this Act or any regulations made thereunder for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both.
57. No prosecution in respect of any offence under this Act or any regulations made thereunder shall be instituted except by or with the sanction of the Public Prosecutor.
58. A District Court or a Magistrate’s Court shall have jurisdiction to hear and determine all offences under this Act and any regulations made thereunder and, notwithstanding anything to the contrary in the Criminal Procedure Code (Cap. 68), shall have power to impose the full penalty or punishment in respect of any offence under this Act or any regulations made thereunder.
59.
—(1) The Controller may, in his discretion, compound any offence under this Act or any regulations made thereunder which is prescribed as being an offence which may be compounded by collecting from the person reasonably suspected of having committed the offence a sum not exceeding $5,000.
(2) The Minister may make regulations prescribing the offences which may be compounded.
60. The Minister may exempt, subject to such terms and conditions as he thinks fit, any person or class of persons from all or any of the provisions of this Act or any regulations made thereunder.