Payment and Settlement Systems (Oversight) Act · 2022 Revised Edition · Part · Oversight Powers Over Designated Payment Systems
20. Power of Authority to issue written directions
Official textFrom Attorney General's Chambers, unchanged
The Authority may, if it thinks that it is —
Authority
“Authority” means the Brunei Darussalam Central Bank established under the Brunei Darussalam Central Bank Order, 2010;
necessary or expedient for ensuring the integrity and proper management of a designated payment system;
necessary or expedient for the effective administration of the
Order; or
otherwise in the interests of the public or a section of the public, issue written directions, either of a general or specific nature, to any —
participant or class of participants;
operator; or
settlement institution, of a designated payment system.
Without prejudice to the generality of subsection (1), any written direction issued under that subsection may relate to —
the appropriate actions to be taken by the participant or class of participants, or the operator or the settlement institution, in relation to its business;
the appointment of a person approved by the Authority to advise the participant or class of participants, or the operator or the settlement institution, on the proper conduct of its business;
Payment and Settlement Systems
(Oversight)
the conditions that will apply if any function of the operator or the settlement institution is outsourced; and
such other matters as the Authority may consider necessary or expedient or in the interests of the public or a section of the public.
Any person who fails to comply with a written direction issued under subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding $150,000 and, in the case of a continuing offence, to a further fine not exceeding $15,000 for every day or part thereof during which the offence continues after conviction.
Terms defined in this Act
Authority
Defined · s 2“Authority” means the Brunei Darussalam Central Bank established under the Brunei Darussalam Central Bank Order, 2010;
business
Defined · s 31“business” includes affairs, property, right, obligation and liability;
designated payment system
Defined · s 2“designated payment system” means a payment system that is designated by the Authority under section 7 to be a designated payment system for the purposes of this Act;
operator
Defined · s 2“operator”, in relation to a payment system, means a person who operates the payment system;
participant
Defined · s 2“participant”, in relation to a payment system, means any person who is recognised in the rules of the payment system or otherwise recognised as being eligible to settle payments through the payment system with other participants;
settlement institution
Defined · s 2“settlement institution” means a person who provides facilities for — (a) the participants of a payment system to hold funds; and (b) the settling of transactions between the participants;
Part
Payment Instruments
Part
Assistance to Foreign Regulatory Authorities
Part