Clause 34

in subsection (2), replace “A” with “Subject to subsection (3), a”; and

replace subsection (3) with —“(3) Where an individual is convicted of an offence under subsection (1) involving the fault element mentioned in subsection (1)(c)(i)(A), the individual shall, in addition to the punishment under subsection (2)(a), be liable to caning of not more than 12 strokes —

if the individual knew that the SIM card will be used 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 SIM card 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 SIM card would not be used to commit, or to facilitate the commission of, a scam offence.(4) For the purposes of subsection (3)(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.(5) For the purposes of subsection (3)(b)(i), it is not necessary for the prosecution to prove that any person was convicted of the scam offence.(6) For the purposes of this section, a reference to a retailer or telecommunication licensee includes a reference to an employee of the retailer or telecommunication licensee (as the case may be) acting in the course of the employee’s employment.”.