Clause 10

in subsection (1), replace “and shall be liable” with “and, subject to subsection (5), shall be liable”; and

after subsection (4), insert —“(5) Where an individual is convicted of an offence under subsection (1), the individual shall, in addition to the punishment under that subsection, be liable to caning of not more than 12 strokes —

if the individual knew that the purpose of the disclosure or provision was for any person to commit, or to facilitate the commission by any person of, any scam offence; or

if —

it is proved, to the satisfaction of the court, that the password, access code, or means of securing access, was used to commit, or to facilitate the commission of, a scam offence; and

the individual is not able to prove, to the satisfaction of the court, that he or she had, at any time, taken reasonable steps to ensure that the password, access code or means of securing access, would not be used to commit, or to facilitate the commission of, a scam offence.(6) For the purposes of subsection (5)(a), it is not necessary for the prosecution to prove that the commission, or facilitation of the commission, of a scam offence was carried out.(7) For the purposes of subsection (5)(b)(i), it is not necessary for the prosecution to prove that any person was convicted of the scam offence.”.