Comparison View

Formal Consolidation |  Amended Act 10 of 2005
Power of Authority to obtain information
32E.—(1)  Without prejudice to sections 27 and 59, the Authority may, by notice in writing, direct any designated telecommunication licensee to obtain from any of its shareholders and to transmit to the Authority information —
(a)as to whether that shareholder holds any share in the designated telecommunication licensee as a beneficial owner or trustee; and
(b)if the shareholder holds the share as a trustee, to indicate as far as he can, the person for whom he holds the share (either by name or by other particulars sufficient to enable that person to be identified) and the nature of his interest,
and the designated telecommunication licensee shall comply with that direction within such time as may be specified in the notice.
(2)  The Authority may, by notice in writing, require any shareholder of a designated telecommunication licensee to inform the Authority whether he holds that interest as a beneficial owner or trustee, and if he holds the interest as trustee, to indicate so far as he can, the person for whom he holds the interest (either by name or by other particulars sufficient to enable that person to be identified) and the nature of his interest.
(3)  Any person who —
(a)fails to comply with a notice under this section; or
(b)in purported compliance of the notice, knowingly or recklessly, makes a statement which is false in a material particular,
shall be guilty of an offence and shall be liable on conviction —
(i)in the case of an individual, to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $12,500 for every day or part thereof during which the offence continues after conviction; or
(ii)in any other case, to a fine not exceeding $250,000 and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part thereof during which the offence continues after conviction.
[Act 10 of 2005 wef 16/02/2005]
Informal Consolidation | Amended Act 19 of 2011
Power of Authority to obtain information relating to control of designated telecommunication licensees, designated business trusts and designated trusts
32E.—(1)  Without prejudice to sections 27 and 59, the Authority may, by notice in writing —
(a)direct any designated telecommunication licensee to obtain from any shareholder of the designated telecommunication licensee, and to transmit to the Authority within such time as may be specified in the notice, the following information:
(i)whether that shareholder holds any voting share in the designated telecommunication licensee as a trustee; and
(ii)if so —
(A)the name of the person for whom that shareholder holds the voting share as a trustee, or such other particulars as are sufficient to enable the identification of that person; and
(B)the nature of that person’s interest;
(b)direct the trustee-manager of any designated business trust to obtain from any unitholder of the designated business trust, and to transmit to the Authority within such time as may be specified in the notice, the following information:
(i)whether that unitholder holds any unit in the designated business trust as a trustee; and
(ii)if so —
(A)the name of the person for whom that unitholder holds the unit as a trustee, or such other particulars as are sufficient to enable the identification of that person; and
(B)the nature of that person’s interest; and
(c)direct the trustee of any designated trust to obtain from any holder of equity interests in the designated trust, and to transmit to the Authority within such time as may be specified in the notice, the following information:
(i)whether that holder holds any equity interest in the designated trust as a trustee; and
(ii)if so —
(A)the name of the person for whom that holder holds the equity interest as a trustee, or such other particulars as are sufficient to enable the identification of that person; and
(B)the nature of that person’s interest.
(2)  The Authority may, by notice in writing —
(a)direct any shareholder of a designated telecommunication licensee to provide to the Authority, within such time as may be specified in the notice, the following information:
(i)whether that shareholder holds any voting share in the designated telecommunication licensee as a trustee; and
(ii)if so —
(A)the name of the person for whom that shareholder holds the voting share as a trustee, or such other particulars as are sufficient to enable the identification of that person; and
(B)the nature of that person’s interest;
(b)direct any unitholder of a designated business trust to provide to the Authority, within such time as may be specified in the notice, the following information:
(i)whether that unitholder holds any unit in the designated business trust as a trustee; and
(ii)if so —
(A)the name of the person for whom that unitholder holds the unit as a trustee, or such other particulars as are sufficient to enable the identification of that person; and
(B)the nature of that person’s interest; and
(c)direct any holder of equity interests in a designated trust to provide to the Authority, within such time as may be specified in the notice, the following information:
(i)whether that holder holds any equity interest in the designated trust as a trustee; and
(ii)if so —
(A)the name of the person for whom that holder holds the equity interest as a trustee, or such other particulars as are sufficient to enable the identification of that person; and
(B)the nature of that person’s interest.
(3)  Any person who —
(a)fails to comply with a notice under subsection (1) or (2); or
(b)in purported compliance with a notice under subsection (1) or (2), knowingly or recklessly makes a statement which is false in a material particular,
shall be guilty of an offence and shall be liable on conviction —
(i)in the case of an individual, to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $12,500 for every day or part thereof during which the offence continues after conviction; or
(ii)in any other case, to a fine not exceeding $250,000 and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part thereof during which the offence continues after conviction.
[Act 19 of 2011 wef 01/02/2012]