PART 2 | Meaning and scope of restriction orders |
3. A restriction order is an order issued by a specified officer to one or more banks in relation to a scam victim —| (a) | directing the bank or each of the banks not to do any of the following at any time when the restriction order is in force: | (i) | allow a transfer or withdrawal of money from any bank account of the scam victim maintained with that bank; | | (ii) | grant, or allow a drawdown of, any credit facility to the scam victim; and |
| | (b) | specifying the time that the direction under paragraph (a) takes effect. |
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| Issue of restriction orders |
4.—(1) A specified officer may, on receipt of any information, issue a restriction order to one or more banks if —| (a) | the specified officer has reason to believe that a scam victim will —| (i) | instruct the bank or any of the banks to transfer any money from a bank account to a scammer (whether directly or indirectly through any intermediary); | | (ii) | withdraw any money from a bank account with the intention of giving the money (or any part of the money) to a scammer (whether directly or indirectly through any intermediary); or | | (iii) | apply for any credit facility from the bank or any of the banks, or draw down on any credit facility granted by the bank or any of the banks, with the intention of benefitting a scammer by a drawdown on the credit facility; and |
| | (b) | the restriction order is necessary for the protection of the scam victim, having regard to —| (i) | the time required by any specified officer, relative of the scam victim or other persons (including, but not limited to, non‑profit organisations and non‑governmental organisations) to implement any measures to reduce the risk of the scam victim becoming, or continuing to be, a victim of a scam offence; and | | (ii) | all other relevant circumstances. |
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| (2) In subsection (1), “relative”, in relation to a scam victim, means the spouse, or a sibling or stepsibling, child (including an adopted child), stepchild, grandchild or step‑grandchild, nephew or step‑nephew, or niece or step‑niece, of the scam victim. |
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| Duration, cancellation, variation and extension of restriction order |
5.—(1) Subject to this section, a restriction order is in force for 30 days or any shorter period that may be specified in the order.| (2) A specified officer may, at any time a restriction order is in force, cancel the order. |
| (3) The cancellation of a restriction order does not affect the operation of the restriction order, or anything done or omitted to be done in compliance with the restriction order, before the date of its cancellation. |
(4) A specified officer may, on the application of any of the following persons, vary a restriction order by permitting a bank which is subject to the restriction order to allow a transfer or withdrawal of money from a bank account of a scam victim by or on the instruction of the applicant, subject to any limit or terms that the specified officer may specify to that bank:| (a) | the scam victim; | | (b) | any joint account holder of that bank account. |
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| (5) A specified officer may, at any time a restriction order is in force, extend the restriction order for a period not exceeding 30 days if the specified officer is of the view that more time is required by any specified officer to reduce the risk of the scam victim becoming, or continuing to be, a victim of a scam offence. |
| (6) A restriction order must not be extended more than 5 times under subsection (5). |
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| Offence of contravening restriction order and composition of offence |
6.—(1) Any bank which contravenes a restriction order without reasonable excuse shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000. | (2) A specified officer may compound an offence under subsection (1) by collecting from a bank which is reasonably suspected of having committed the offence a sum not exceeding $1,500. |
| (3) On payment of the sum of money under subsection (2), no further proceedings are to be taken against the bank in respect of the offence. |
| (4) All sums collected under this section must be paid into the Consolidated Funds. |
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