On 20/06/2013,
you requested for the version in force on 20/06/2013
incorporating all amendments published on or before 20/06/2013.
The closest version currently available is that of 01/06/2013.
33B.
—(1) The Authority may provide an electronic service for —
(a)
the filing with or submission to the Registrar of such application or other document under this Part or the rules made thereunder as may be prescribed; and
(b)
the service by the Registrar of such notice or other document under this Part or the rules made thereunder as may be prescribed.
(2) For the purposes of the electronic service, the Authority may, subject to such conditions as it may determine, assign to any person who files or submits to the Registrar such application or other document under this Part or the rules made thereunder as may be prescribed —
(a)
an authentication code; or
(b)
an account with the electronic service.
(3) Subject to the rules made under section 34(2), a person may file or submit a document referred to in subsection (1)(a) through the electronic service.
(4) An electronic service agent who has been authorised by a person in the prescribed manner to be that person’s agent for any matter under this Part may file or submit on behalf of that person through the electronic service a document referred to in subsection (1)(a) in respect of that matter.
(5) Where a document is filed or submitted by an electronic service agent on behalf of any person under subsection (4) —
(a)
it shall be deemed to have been filed or submitted with the authority of that person; and
(b)
that person shall be deemed to be cognizant of all matters therein,
unless that person has, before such filing or submission, informed the Registrar in the prescribed manner that he has revoked the authority of the electronic service agent for the matter in question.
(6) Where a document referred to in subsection (1)(a) is filed or submitted through the electronic service using the authentication code assigned to any person before that person has requested, in the prescribed manner, for the cancellation of the authentication code, then —
(a)
the document shall, for the purposes of this Act, be presumed to have been filed or submitted by that person unless he adduces evidence to the contrary; and
(b)
where that person alleges that he did not file or submit the document, the burden shall be on him to adduce evidence of that fact.
(7) Where any person has given his consent for any document referred to in subsection (1)(b) to be served on him through the electronic service, the Registrar may, notwithstanding section 131A, serve that document on that person by transmitting an electronic record of that document to that person’s account with the electronic service; and the document shall be deemed to be served at the time when the electronic record of the document enters his account with the electronic service.
(8) Notwithstanding any other written law, in any proceedings under this Act —
(a)
an electronic record of a document referred to in subsection (1)(a) that was filed or submitted, or a document referred to in subsection (1)(b) that was served, through the electronic service; or
(b)
any copy or print-out of that electronic record,
shall be admissible as evidence of the facts stated or contained therein if that electronic record, copy or print-out —
(i)
is certified by the Registrar to contain all or any information filed, submitted or served through the electronic service in accordance with this section; and
(ii)
is duly authenticated in the manner specified in subsection (11) or is otherwise authenticated in the manner provided in the Evidence Act (Cap. 97) for the authentication of computer output.
(9) For the avoidance of doubt, section 139A does not apply to an electronic record of a document referred to in subsection (1)(a) or (b) or a copy or print-out thereof.
(10) For the avoidance of doubt —
(a)
an electronic record of a document referred to in subsection (1)(a) that was filed or submitted, or a document referred to in subsection (1)(b) that was served, through the electronic service; or
(b)
any copy or print-out of that electronic record,
shall not be inadmissible in evidence merely because the document was filed, submitted or served without the delivery of any equivalent document or counterpart in paper form.
(11) For the purposes of this section, a certificate —
(a)
giving the particulars of —
(i)
any person whose authentication code was used to file, submit or serve the document; and
(ii)
any person or device involved in the production or transmission of the electronic record of the document, or the copy or print-out thereof;
(b)
identifying the nature of the electronic record or copy or print-out thereof; and
(c)
purporting to be signed by the Registrar or by a person occupying a responsible position in relation to the operation of the electronic service at the relevant time,
shall be sufficient evidence that the electronic record, copy or print-out has been duly authenticated, unless the court, in its discretion, calls for further evidence on this issue.
(12) Where the electronic record of any document, or a copy or print-out of that electronic record, is admissible under subsection (8), it shall be presumed, until the contrary is proved, that the electronic record, copy or print-out accurately reproduces the contents of that document.
(13) In this section and section 34 —
“account with the electronic service”, in relation to any person, means a computer account within the electronic service which is assigned by the Authority to that person for the storage, retrieval, filing and submission of electronic records;
“authentication code”, in relation to any person, means an identification or identifying code, a password or any other authentication method or procedure which is assigned by the Authority to that person for the purposes of identifying and authenticating the access to and use of the electronic service by that person, and includes one assigned for such purposes in order to file, submit or retrieve a particular document only;
“electronic record” has the same meaning as in the Electronic Transactions Act (Cap. 88);
“electronic service” means the electronic service provided under subsection (1);
“electronic service agent” means an electronic service agent registered under section 33A.