63
(4)
Any offer or issue of shares in contravention of subsection (2)(b) shall be deemed to be
null and void, and a person to whom a direction has been issued under subsection (1)(a) or
(1)(b) must immediately return those shares to the operator of the designated payment system,
upon which the operator of the designated payment system must return to the person any
payment received from him in respect of those shares.
(5)
Any payment made by an operator of a designated payment system in contravention of
subsection (2)(c) shall be deemed to be null and void, and a person to whom a direction has
been issued under subsection (1)(a) or (1)(b) must immediately return the payment he has
received to the operator of the designated payment system.
Power of Authority to obtain information relating to this Division
63.—(1) The Authority may, by notice in writing, direct an operator of a designated
payment system to obtain from any of its shareholders, and to provide to the Authority, any
information relating to the shareholder that the Authority may require for the purpose of —
(a)
ascertaining or investigating into the control of shareholding or voting power in the
operator of a designated payment system; or
(b)
exercising any power or function under section 60, 61, 62, 64 or 65.
(2)
Without affecting the generality of subsection (1), the notice in subsection (1) may
require the operator of a designated payment system to obtain and provide the following
information:
(a)
whether the shareholder has an interest in any share in the operator of a designated
payment system as beneficial owner or as trustee;
(b)
if the shareholder holds the interest in the share as trustee, to indicate as far as that
shareholder is able to —
(i)
the person for whom that shareholder holds the interest (either by name or by
other particulars sufficient to enable that person to be identified); and
(ii)
the nature of that person’s interest.
(3)
The Authority may, by notice in writing, require any shareholder (X) of an operator of
a designated payment system, or any person (Y) that appears from information provided to the
Authority under subsection (1) or this subsection to have an interest in any share in the operator
of a designated payment system, to provide to the Authority any information relating to X or
Y, as the case may be, that the Authority may require for the purpose of —
(a)
ascertaining or investigating into the control of shareholding or voting power in the
operator of a designated payment system; or
(b)
exercising any power or function under section 60, 61, 62, 64 or 65.
(4)
Without affecting the generality of subsection (3), the notice in subsection (3) may
require X or Y to provide the following information:
64
(a)
whether X or Y holds that interest as beneficial owner or as trustee;
(b)
if X or Y holds the interest as trustee, to indicate as far as X or Y can —
(i)
the person (Z) for whom X or Y holds the interest (either by name or by other
particulars sufficient to enable that person to be identified); and
(ii)
the nature of Z’s interest;
(c)
whether any share or any voting right attached to the share is the subject of an
agreement or arrangement described in section 59(3)(c)(vi) or 60(2), and if so, to
give particulars of the agreement or arrangement and the parties to it.
Power to exempt
64.—(1) The Authority may, by order published in the Gazette, exempt —
(a)
any person or class of persons; or
(b)
any class or description of shares or interests in shares,
from section 60, subject to such conditions as may be specified in the order.
(2)
Without affecting the generality of subsection (1), the conditions may include —
(a)
restricting the person’s or class of persons’ disposal or further acquisition of
shares or voting power in the operator of a designated payment system; or
(b)
restricting the person’s or class of persons’ exercise of voting power in the
operator of a designated payment system,
and the Authority may at any time add to, vary or revoke any condition imposed under this
section.
Offences, penalties and defences
65.—(1) Any person that contravenes section 60(1)(a) or (b), (2), (6)(a)(i) or (ii), or (b)
shall be guilty of an offence and shall be liable on conviction —
(a)
in the case of an individual, to a fine not exceeding $125,000 and, in the case of a
continuing offence (if applicable), to a further fine not exceeding $12,500 for every
day or part of a day during which the offence continues after conviction; or
(b)
in any other case, to a fine not exceeding $250,000 and, in the case of a continuing
offence (if applicable), to a further fine not exceeding $25,000 for every day or part
of a day during which the offence continues after conviction.
(2)
Any person that —
(a)
contravenes section 60(1)(c) or (d), (6)(a)(iii) or (iv) or 62(2);
(b)
fails to comply with —
(i)
any notice given under section 61(4), 62(1) or 63; or
(ii)
any condition imposed under section 60(4); or
(c)
in purported compliance with a notice under section 63, knowingly or recklessly
provides any information or document that is false or misleading in a material
particular,
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