§ 65C — Failure to comply with section 64, 65, 65A or 65B

65C.—(1) Any person who, without reasonable excuse —(a)

fails, neglects or refuses to comply with any notice or requirement of the Comptroller or an officer authorised by the Comptroller under section 64, 65, 65A or 65B, or a demand for information; or

(b)

hinders or obstructs the Comptroller, or any officer authorised by the Comptroller, in the performance or execution of his or her duties or of anything which he or she is empowered or required to do under section 65B,

shall be guilty of an offence.

[34/2016]

(2) Any person guilty of an offence under subsection (1) 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 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction.[34/2016]

(3) The Comptroller may compound any offence under subsection (1).

(4) The generality of the term “reasonable excuse” in subsection (1) is not affected by section 65B(2).

(5) Except as provided under section 65B(2), it is not a defence to a charge under subsection (1) for a failure to provide any information or produce any document sought by a notice mentioned in section 65B, that the person is under a duty of secrecy in respect of that information or the contents of that document (called in this section a displaced duty of secrecy).[34/2016]

(6) A person who in good faith complies with a notice referred to in section 65B is not treated as being in breach of a displaced duty of secrecy.

(7) No civil or criminal action for a breach of a displaced duty of secrecy, other than a criminal action for an offence under subsection (8), shall lie against the person referred to in subsection (6) —(a)

for producing any document or providing any information if the person had done so in good faith in compliance with the notice under section 65B; or

(b)

for doing or omitting to do any act if the person had done or omitted to do the act in good faith and as a result of complying with such a notice.

(7A) In subsections (5), (6) and (7) —(a)

a reference to a notice under section 65B to provide information includes a reference to a requirement to provide information under section 65B(1)(f) and a demand for information; and

(b)

a reference to a notice under section 65B to produce a document includes a reference to a requirement to produce a document under section 65B(1)(f).[34/2016]

(8) Any person who, in purported compliance with a notice or requirement of the Comptroller or an officer authorised by the Comptroller under section 64, 65, 65A or 65B, or with a demand for information, produces any document which contains any information, or provides any information, known to the person to be false or misleading in a material particular —(a)

without indicating to the Comptroller or the officer that the information is false or misleading and the part that is false or misleading; and

(b)

without providing correct information to the Comptroller or the officer if the person is in possession of, or can reasonably acquire, the correct information,

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 2 years or to both.

[34/2016]

(9) A person shall not be convicted of an offence under this section for failing or neglecting to comply with a notice issued by the Comptroller under section 64, 65, 65A or 65B unless the notice was served on the person personally or by registered post.[19/2013]

(10) In this section, “demand for information” means a demand by the Comptroller or an officer authorised by the Comptroller to answer a question when in attendance before the Comptroller or the officer pursuant to a notice under section 65B(3B).[34/2016]

—(1) Any person who, without reasonable excuse —(a)

fails, neglects or refuses to comply with any notice or requirement of the Comptroller or an officer authorised by the Comptroller under section 64, 65, 65A or 65B, or a demand for information; or

(b)

hinders or obstructs the Comptroller, or any officer authorised by the Comptroller, in the performance or execution of his or her duties or of anything which he or she is empowered or required to do under section 65B,

shall be guilty of an offence.

[34/2016]

(2) Any person guilty of an offence under subsection (1) 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 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction.[34/2016]

(3) The Comptroller may compound any offence under subsection (1).

(4) The generality of the term “reasonable excuse” in subsection (1) is not affected by section 65B(2).

(5) Except as provided under section 65B(2), it is not a defence to a charge under subsection (1) for a failure to provide any information or produce any document sought by a notice mentioned in section 65B, that the person is under a duty of secrecy in respect of that information or the contents of that document (called in this section a displaced duty of secrecy).[34/2016]

(6) A person who in good faith complies with a notice referred to in section 65B is not treated as being in breach of a displaced duty of secrecy.

(7) No civil or criminal action for a breach of a displaced duty of secrecy, other than a criminal action for an offence under subsection (8), shall lie against the person referred to in subsection (6) —(a)

for producing any document or providing any information if the person had done so in good faith in compliance with the notice under section 65B; or

(b)

for doing or omitting to do any act if the person had done or omitted to do the act in good faith and as a result of complying with such a notice.

(7A) In subsections (5), (6) and (7) —(a)

a reference to a notice under section 65B to provide information includes a reference to a requirement to provide information under section 65B(1)(f) and a demand for information; and

(b)

a reference to a notice under section 65B to produce a document includes a reference to a requirement to produce a document under section 65B(1)(f).[34/2016]

(8) Any person who, in purported compliance with a notice or requirement of the Comptroller or an officer authorised by the Comptroller under section 64, 65, 65A or 65B, or with a demand for information, produces any document which contains any information, or provides any information, known to the person to be false or misleading in a material particular —(a)

without indicating to the Comptroller or the officer that the information is false or misleading and the part that is false or misleading; and

(b)

without providing correct information to the Comptroller or the officer if the person is in possession of, or can reasonably acquire, the correct information,

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 2 years or to both.

[34/2016]

(9) A person shall not be convicted of an offence under this section for failing or neglecting to comply with a notice issued by the Comptroller under section 64, 65, 65A or 65B unless the notice was served on the person personally or by registered post.[19/2013]

(10) In this section, “demand for information” means a demand by the Comptroller or an officer authorised by the Comptroller to answer a question when in attendance before the Comptroller or the officer pursuant to a notice under section 65B(3B).[34/2016]