§ 36 — Power to obtain information

36.—(1) The Director-General or an authorised officer may by notice require any licensee to provide, within a reasonable period or at the time or frequency, and in the form and manner, specified in the notice, all documents and information which —(a)

relate to any matter which the Director-General considers necessary to carry out the Director-General’s functions or duties under this Act; and[Act 11 of 2023 wef 01/05/2023]

(b)

are —(i)

within the knowledge of that licensee; or

(ii)

in the licensee’s custody or under the licensee’s control.[Act 11 of 2023 wef 01/05/2023]

(2) The power to require a licensee to provide any document or information under subsection (1) includes the power —(a)

to require that licensee, or any individual who is or was an officer or employee of the licensee, to provide an explanation of the document or information;

(b)

if the document or information is not provided, to require that licensee or individual to state, to the best of the licensee’s or individual’s knowledge and belief, where it is and how it may be obtained; and

(c)

if the information is recorded otherwise than in legible form, to require the information to be made available to the Director-General in legible form.[Act 11 of 2023 wef 01/05/2023]

(3) A person that, without reasonable excuse, fails to do anything required of the person by notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(4) A person —(a)

that intentionally alters, suppresses or destroys any document or information which the person is, has been or may be required by a notice under subsection (1) to provide; or

(b)

that, in providing any document or information required under subsection (1), makes any statement which the person knows to be false or misleading in a material particular or recklessly makes such a statement,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(5) For the purposes of subsection (3), it is a reasonable excuse for a person to refuse or fail to provide any document or information which the person is required by a notice under subsection (1) to provide if doing so might tend to incriminate that person.

(6) The Director-General is entitled without payment to keep any document or information provided to the Director-General under subsection (1).[Act 11 of 2023 wef 01/05/2023]

—(1) The Director-General or an authorised officer may by notice require any licensee to provide, within a reasonable period or at the time or frequency, and in the form and manner, specified in the notice, all documents and information which —(a)

relate to any matter which the Director-General considers necessary to carry out the Director-General’s functions or duties under this Act; and[Act 11 of 2023 wef 01/05/2023]

(b)

are —(i)

within the knowledge of that licensee; or

(ii)

in the licensee’s custody or under the licensee’s control.[Act 11 of 2023 wef 01/05/2023]

(2) The power to require a licensee to provide any document or information under subsection (1) includes the power —(a)

to require that licensee, or any individual who is or was an officer or employee of the licensee, to provide an explanation of the document or information;

(b)

if the document or information is not provided, to require that licensee or individual to state, to the best of the licensee’s or individual’s knowledge and belief, where it is and how it may be obtained; and

(c)

if the information is recorded otherwise than in legible form, to require the information to be made available to the Director-General in legible form.[Act 11 of 2023 wef 01/05/2023]

(3) A person that, without reasonable excuse, fails to do anything required of the person by notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(4) A person —(a)

that intentionally alters, suppresses or destroys any document or information which the person is, has been or may be required by a notice under subsection (1) to provide; or

(b)

that, in providing any document or information required under subsection (1), makes any statement which the person knows to be false or misleading in a material particular or recklessly makes such a statement,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(5) For the purposes of subsection (3), it is a reasonable excuse for a person to refuse or fail to provide any document or information which the person is required by a notice under subsection (1) to provide if doing so might tend to incriminate that person.

(6) The Director-General is entitled without payment to keep any document or information provided to the Director-General under subsection (1).[Act 11 of 2023 wef 01/05/2023]