Clause 11

in subsection (5), replace “A” with “Subject to subsections (5A) and (5B), a”;

after subsection (5), insert —“(5A) Where an individual is convicted of an offence under subsection (1)(a), the individual shall, in addition to the punishment under subsection (5), be liable to caning of not more than 12 strokes if the individual obtained or retained the credential —

for use in committing, or in facilitating the commission of, any scam offence; or

for the supply or transmission of, or making available, by any means, the credential to be used in committing, or in facilitating the commission of, any scam offence.(5B) Where an individual is convicted of an offence under subsection (1)(b), the individual shall, in addition to the punishment under subsection (5), be liable to caning of not more than 12 strokes —

if the individual knew that the credential will be used to commit, or facilitate the commission of, any scam offence; or

if —

it is proved, to the satisfaction of the court, that the credential 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 credential would not be used to commit, or to facilitate the commission of, a scam offence.(5C) For the purposes of subsections (5A)(a) and (b) and (5B)(a), it is not necessary for the prosecution to prove that the credential was used to commit, or to facilitate the commission of, a scam offence.(5D) For the purposes of subsection (5B)(b)(i), it is not necessary for the prosecution to prove that any person was convicted of the scam offence.”; and

in subsection (6)(a), replace “Schedule” with “First Schedule”.