Section 11Part 0 —
Inspection
←→ Navigate · Click subsection badges to collapse · Press ? for help
Subject to subsection (4), an inspector may, for the purposes specified in section 10 and on production of the authorization issued under section 10, at all reasonable times and on reasonable notice enter and search any premises of an account provider and may —
inspect and take copies of or extracts from, and make any enquiries that the inspector considers necessary in relation to, the following records kept by an account provider —
accounts held by the account provider;
records of the transfer of monies to the Government under section 7;
the register kept under section 8(1);
any other records relating to the matters specified in subparagraphs (i) to (iv); and
any other records relating to dormant accounts;
where records are —
stored in electronic form, require the account provider or a person employed by the account provider to produce a written copy of those records; or
not in the English language, require the account provider or a person employed by the account provider to produce a copy of those records in the English language;
require a person by whom or on whose behalf a computer is or has been used to produce or store records or any person having charge of, or otherwise concerned with the operation of, the computer to afford the inspector all reasonable assistance in relation to the computer; and
remove and retain the records referred to in this subsection for such period as may be reasonable for further inspection or until the conclusion of any legal proceedings, subject to a warrant being issued for that purpose by a magistrate under subsection (6).
A person who has in his power or possession any records referred to in subsection (1) shall —
produce them at the request of the inspector and permit the inspector to inspect and take copies of or extracts from them;
at the request of the inspector, give the inspector any information that the inspector may reasonably require in relation to any entries in those records and provide an explanation of any apparent omissions from them or any omission of a record required to be produced; and
give any other assistance and other information to the inspector that is reasonable in the circumstances.
The duty to produce or provide any record or information extends to an examiner, administrator, liquidator, receiver, official assignee or any person who is or has been an officer or employee or agent of an account provider or who appears to the inspector to have the information or record in his possession or under his control in relation to the dormant account.
For the purposes specified in section 10, an inspector shall not, except with the consent of the occupier, enter —
a dwelling; or
premises other than that of an account provider,
unless the inspector has obtained a warrant issued by a magistrate under subsection (6) authorizing the entry.
Where an inspector considers it necessary, the inspector may be accompanied by a police officer when performing any powers conferred on the inspector under this section.
If a magistrate is satisfied, on the sworn information of an inspector, that there are reasonable grounds for suspecting that there is information required by an inspector under this section held on any premises or any part of any premises, the magistrate may issue a warrant authorizing the inspector, accompanied by a police officer, at any time within one month from the date of issue of the warrant, on production of the warrant if so requested, to enter the premises, and exercise all or any of the powers conferred on an inspector under this section or section 10.
For the purposes of carrying out inspections under this section, the inspector shall have access to —
all records kept by the Minister and the Monetary Authority in relation to the transfer of monies to the Government; and
the certificates of compliance furnished to the Minister and the Monetary Authority under section 7.
A person who —
obstructs an inspector in the exercise of a power under this section;
gives to an inspector information that the person knows is false or misleading; or
without reasonable excuse, fails to comply with a request or requirement made by an inspector under this section,
commits an offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of one year, or to both.
Cross References
- Section 10 of Dormant Accounts Law
Reference to section 10 for authorization and purposes
- Section 7 of Dormant Accounts Law
Reference to section 7 for transfer
- Section 8 of Dormant Accounts Law
Reference to section 8(1) for register