Section 30
Responsibilities of officers, member etc. of operator or settlement institution
of Payment and Settlement Systems (Oversight) Act
(1)
During the period when the Authority, or a person directed by the
Authority under section 29(1)(c) (in this section referred to as the directed person), is in control of the operations of an operator or a settlement institution of a designated payment system —
(a)
the High Court may, on an application by the Authority or directed person, direct any person who is or was a chief executive officer, director, member, executive officer, employee, agent, banker, auditor or office holder of, or trustee for, the operator or settlement institution to pay, deliver, convey, surrender or transfer to the Authority or directed person, within such period as the High Court may specify, any property, book, accounts, record or other documents, whether in electronic, print or other form, of the operator or settlement institution
Payment and Settlement Systems
(Oversight)
B.L.R.O. 9/2022 37
which is comprised in, forms part of or relates to the operations of the operator or settlement institution, and which is in the person’s possession or control; and
(b)
any person who is or was a chief executive officer, director, member, executive officer, employee, agent, banker, auditor or office holder of, or trustee for, the operator or settlement institution shall give to the Authority or directed person, such information as the Authority or directed person may require for the discharge of the Authority’s or directed person’s duties or functions, or the exercise of the Authority’s or directed person’s powers, in relation to the operator or settlement institution, within such time and in such manner as may be specified by the Authority or directed person.
(2)
Any person who —
(a)
without reasonable excuse, fails to comply with subsection (1)(b); or
(b)
in purported compliance with subsection (1)(b), knowingly or recklessly furnishes any information or document that is false or misleading in a material particular, is guilty of an offence and liable on conviction to a fine not exceeding
$50,000, imprisonment for a term not exceeding 2 years or both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part thereof during which the offence continues after conviction.