Banking Act · 2024 Revised Edition · Part 7
51. Powers of entry in cases of suspected contravention
Official textFrom Attorney General's Chambers, unchanged
A magistrate may issue a warrant under this section if satisfied on information laid on oath by the Authority or an officer or agent of the
Authority
“Authority” means the Brunei Darussalam Central Bank established by the Brunei Darussalam Central Bank Order, 2010;
Authority that there are reasonable grounds for suspecting that a person is guilty of such a contravention as is mentioned in section 50 and —
that person has failed to comply with a notice served on him under that section;
that there are reasonable grounds for suspecting the completeness of any information provided or documents produced by him in response to such a notice; or
that there are reasonable grounds for suspecting that if a notice were served on him under that section it would not be complied
Banking with or that any documents to which it would relate would be removed, tampered with or destroyed.
A warrant under this section shall authorise any police officer together with any other person named in the warrant and any other police officer —
officer
“officer”, in relation to a company, includes — (a) a director, the secretary or an employee of the company; (b) a receiver or manager of any part of the undertaking of the company appointed under a power contained in any instrument; and (c) the liquidator of the company appointed in a voluntary winding up;
to enter any premises occupied by the person mentioned in subsection (1) which are specified in the warrant, using such force as is reasonably necessary for the purpose;
to search the premises and take possession of any documents appearing to be such as are mentioned in subsection (1)(c)
or to take, in relation to any such documents, any other steps which may appear necessary for preserving them or preventing interference with them;
to take copies of or extracts from any such documents;
to require any person named in the warrant to answer questions relevant for determining whether that person is guilty of any such contravention as is mentioned in section 50.
A warrant under this section shall continue in force until the end of the period of one month beginning with the day on which it is issued.
Any documents of which possession is taken under this section may be retained —
for a period of 3 months;
for such further period as the Magistrate considers fit and proper in the circumstances; or
if within that period proceedings to which the documents are relevant are commenced against any person for any such contravention as is mentioned in section 50, until the conclusion of those proceedings.
A statement made by a person in compliance with a requirement imposed by virtue of this section may be used in evidence against him.
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Any person who intentionally obstructs the exercise of any right conferred by a warrant issued under this section or fails without reasonable excuse to comply with any requirement imposed in accordance with subsection (2)(d) is guilty of an offence and liable on conviction to a fine not exceeding $100,000, imprisonment for a term not exceeding 2 years or both.
Terms defined in s 2
Authority
Defined · s 2“Authority” means the Brunei Darussalam Central Bank established by the Brunei Darussalam Central Bank Order, 2010;
officer
Defined · s 2“officer”, in relation to a company, includes — (a) a director, the secretary or an employee of the company; (b) a receiver or manager of any part of the undertaking of the company appointed under a power contained in any instrument; and (c) the liquidator of the company appointed in a voluntary winding up;
Part
Overseas Branches and Representative Offices of Domestic Banks
Part
Unclaimed Balances
Part
Invitations to Make Deposits
Part