Clause 82

by deleting subsection (1) and substituting the following subsections:“(1) A court may, on an application by the Authority, make one or more of the orders referred to in subsection (1A), where —

an investigation is being carried out under this Act in relation to any act or omission by a person, being an act or omission that constitutes or may constitute a contravention of this Act;

a criminal proceeding has been instituted against a person for an offence under this Act; or

a civil proceeding has been instituted against a person under this Act, and the court considers it necessary or desirable to do so for the purpose of protecting the interests of any person to whom the person referred to in paragraph (a) or (b) or this paragraph (referred to in this section as the relevant person) is liable or may become liable to pay any moneys, whether in respect of a debt, or by way of penalties, damages or compensation or otherwise, or to account for any securities, futures contracts, contracts in connection with leveraged foreign exchange trading, or other property.(1A) The orders of court that may be made under subsection (1) are as follows:

an order prohibiting, either absolutely or subject to conditions, a person who is indebted to the relevant person or any person associated with the relevant person from making a payment in total or partial discharge of such debt that is due or accruing due to the relevant person, or to another person at the direction or request of the relevant person;

an order prohibiting, either absolutely or subject to conditions, a person holding moneys, securities, futures contracts, contracts in connection with leveraged foreign exchange trading, or other property, on behalf of the relevant person or on behalf of any person associated with the relevant person, from paying, transferring or otherwise parting with possession of all or any of the moneys, securities, futures contracts, contracts in connection with leveraged foreign exchange trading, or other property, to the relevant person, or to another person at the direction or request of the relevant person;

an order prohibiting, either absolutely or subject to conditions, the taking or sending out of Singapore of moneys of the relevant person or of any person associated with the relevant person;

an order prohibiting, either absolutely or subject to conditions, the taking, sending or transfer of securities, or documents of title to securities, futures contracts, contracts in connection with leveraged foreign exchange trading, or other property of the relevant person or of any person who is associated with the relevant person, from a place or person in Singapore to a place or person outside Singapore (including the transfer of securities from a register in Singapore to a register outside Singapore);

an order appointing —

where the relevant person is an individual, a receiver, having such powers as the court orders, of the property or part of the property of the relevant person; or

where the relevant person is a corporation, a receiver or receiver and manager, having such powers as the court orders, of the property or part of the property of the relevant person;

where the relevant person is an individual, an order requiring the relevant person to deliver up to the court his passport and such other documents as the court thinks fit;

where the relevant person is an individual, an order prohibiting the relevant person from leaving Singapore without the consent of the court.”; and

by deleting the words “an order under subsection (1)” in subsection (2) and substituting the words “any order referred to in subsection (1A)”.