Payment and Settlement Systems (Oversight) Act · 2022 Revised Edition · Part · Payment Instruments
46. Production of person’s books etc.
Official textFrom Attorney General's Chambers, unchanged
For the purposes of an examination under section 45, any person under examination and that person’s directors and officers shall —
afford any officer of the Authority carrying out the examination access to all his premises, apparatus, equipment, machinery, books or other documents and accounts, including documents of title to his assets, all securities held by him in respect of his customers’ transactions, all his cash, and to all such documents, information and facilities as may be required by that officer for the purpose of the examination;
produce to that officer all such apparatus, equipment, machinery, books or other documents, accounts, titles, securities or cash; and
give all such information, orally or in writing, as he may require, except that so far as is consistent with the conduct of the
Payment and Settlement Systems
(Oversight)
50
examination, such apparatus, equipment, machinery, books or documents, accounts, titles, securities and cash shall not be required to be produced at such times or at such places as may interfere with the proper conduct of the normal daily business of that person.
Notwithstanding the generality of subsection (1), any officer of the Authority authorised by the Authority in writing for this purpose may take possession of any apparatus, equipment, machinery, books or other documents, accounts, titles, securities or cash to which he has access under subsection (1) if in his opinion —
Authority
“Authority” means the Brunei Darussalam Central Bank established under the Brunei Darussalam Central Bank Order, 2010;
the inspection of them, the copying of them or the making of extracts from them, cannot reasonably be undertaken without taking possession of them;
it may be interfered with or destroyed unless he takes possession of them; or
it may be needed as evidence in any legal proceedings, whether civil or criminal, which may be instituted under or in connection with this Act, the Brunei Darussalam Central Bank Order,
2010 (S 103/2010) or any other written law.
A person who is or was at any time —
a director or officer of an issuer;
an agent of or who performs any of the functions of an issuer;
a user of a payment instrument; or
an auditor of an issuer, shall give such document or information as the Authority may require within such time as the Authority may specify in carrying out an examination under section 45.
An auditor referred to in subsection (3)(d) shall not be liable for breach of, contract relating to, or duty of, confidentiality for giving any information or document to the officer carrying out the examination.
Payment and Settlement Systems
(Oversight)
Terms defined in this Act
access
Defined · s 2“access”, in relation to a designated payment system, means the entitlement or eligibility of a person to become a participant in the payment system, on a commercial basis on terms that are fair and reasonable;
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;
director
Defined · s 2“director” has the same meaning as in section 2(1) of the Companies Act;
issuer
Defined · s 2“issuer” means any person, acting alone or under an arrangement with another person, who undertakes to be responsible for the payment obligation in respect of a payment instrument resulting from the user being issued with or using the payment instrument;
payment instrument
Defined · s 2“payment instrument” means any instrument, whether tangible or intangible, that enables a person to obtain money, goods or services or to otherwise make payment;
Part
Assistance to Foreign Regulatory Authorities
Part