Section 8
Establishment and requirement to use electronic transaction system
(1)
The Controller may establish an electronic transaction system for the purposes of this Act —
(a)
to enable any person to carry out a transaction with the
Controller;
(b)
to enable the provision of any information or the submission of documents to the Controller;
(c)
to enable the Controller to issue any approval or other document.
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(2)
Except as provided in subsection (7) or as the Controller otherwise requires or permits, any transaction with the Controller under this Act shall be carried out using the electronic transaction system on the electronic transaction form provided for that purpose.
(3)
A person may carry out a transaction with the Controller using the system on behalf of another person.
(4)
Where any information is provided, or any document is submitted, on behalf of any person under subsection (3) —
(a)
it is deemed to have been provided or submitted with the authority of that person; and
(b)
that person is deemed to be cognisant of all matters therein.
(5)
Notwithstanding any other written law, in any proceedings under this Act —
(a)
an electronic record of any information or document that was provided or submitted through the system; or
(b)
any copy or print-out of that electronic record, shall be admissible as evidence of the facts stated or contained therein.
(6)
Where the electronic record of any information or document, or a copy or print-out of that electronic record, is admissible under subsection (5), it shall be presumed, until the contrary is proved, that the electronic record, copy of print-out reproduces the contents of the information or document.
(7)
If a transaction with the Controller cannot be carried out using the electronic transaction system, the person seeking to carry out the transaction shall carry out the transaction with the Controller in such other form and manner as the Controller may determine.
(8)
The Controller may refuse to process a transaction if the person seeking to carry out the transaction —
(a)
does not comply with subsection (2) or (7);
(b)
being required to complete an electronic transaction form or other form provided by the Controller for that purpose, fails to properly
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complete the form in accordance with the instructions contained in the form; or
(c)
being required to attach any document to, or provide any information required in, an electronic transaction form or other form provided by the Controller for that purpose, fails to attach the document or provide the information, as the case may be.
(9)
For the avoidance of doubt, a reference to a refusal to process a transaction with the Controller in subsection (8) includes, where the transaction relates to the submission of a document to the Controller, a refusal to accept the document for submission.