Page:Electronic Transactions Act 2010.pdf/20

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ELECTRONIC TRANSACTIONS
21


Controller may give directions for compliance

23.—(1) The Controller may, by notice in writing, direct any designated person, or any officer, employee or authorised representative of a designated person—

(a) to take such measures or stop carrying on such activities as are specified in the notice if they are necessary to ensure compliance with this Part; or
(b) to co-operate with any other designated persons or public agencies as the Controller thinks necessary in the case of a public emergency.

(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.

(3) If any doubt arises as to the existence of a public emergency for the purposes of subsection (1)(b), a certificate signed by the Minister delivered to the designated person shall be conclusive evidence of the matters stated therein.

Power to investigate

24.—(1) The Controller or an authorised officer may investigate the activities of any designated person, or any officer, employee or authorised representative of a designated person, in relation to their compliance with this Part.

(2) For the purposes of subsection (1), the Controller may in writing issue an order to any designated person, or any officer, employee or authorised representative of a designated person, to further an investigation under this section or to secure compliance with this Part, including an order to produce records, accounts, data and documents kept by the designated person, and to allow the Controller or an authorised officer to examine and copy any of them.