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Contents

Long Title

Enacting Formula

Part I PRELIMINARY

Part II FUNCTIONS AND POWERS OF AUTHORITY

Part III INFORMATION GATHERING POWERS OVER PAYMENT SYSTEMS

Part IV DESIGNATION OF PAYMENT SYSTEMS

Part V OBLIGATIONS OF OPERATORS AND SETTLEMENT INSTITUTIONS OF DESIGNATED PAYMENT SYSTEMS

Part VI OVERSIGHT POWERS OVER DESIGNATED PAYMENT SYSTEMS

Part VII STORED VALUE FACILITIES

Part VIII ASSISTANCE TO FOREIGN REGULATORY AUTHORITIES

Part IX MISCELLANEOUS

 
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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 28/02/2006.
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Offences by officers
51.
—(1)  Any person, being an officer of —
(a)
a participant, an operator or a settlement institution of a payment system;
(b)
a holder of a stored value facility; or
(c)
an approved bank in respect of a widely accepted stored value facility,
who fails to take all reasonable steps to secure —
(i)
compliance by the participant, operator, settlement institution, holder or approved bank, as the case may be, with any provision of this Act; or
(ii)
the accuracy and correctness of any information provided by the participant, operator, settlement institution, holder or approved bank, as the case may be, to the Authority under this Act,
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.
(2)  In any proceedings against an officer under subsection (1), it shall be a defence for the defendant to prove that he had reasonable grounds for believing that another person was charged with the duty of securing compliance with the requirements of this Act, or with the duty of ensuring that the information was accurate, as the case may be, and that that person was competent, and in a position, to discharge that duty.
(3)  An officer shall not be sentenced to imprisonment for any offence under subsection (1) unless, in the opinion of the court trying the offence, he committed the offence wilfully.