Miscellaneous Offences (Public Order and Nuisance) Act 1906 · 2020 Revised Edition · Part 6A · Offences Relating to Misuse of Sim Cards
39G. Facilitation of fraudulent registration of SIM card that facilitates criminal activity
Feedback & supportLast amended by an amending law of 2025. 2 amendments in all.
A retailer or telecommunication licensee shall be guilty of an offence if —
the retailer or telecommunication licensee registers a SIM card using any person’s personal information;
the retailer or telecommunication licensee does so knowing, or having reasonable grounds to believe —
that there was no authorisation given by the person whose personal information is being used to register the SIM card; or
that the personal information given by the person seeking to register the SIM card is false or misleading; and
either of the following applies:
the retailer or telecommunication licensee does the act mentioned in paragraph (a) knowing, or having reasonable grounds to believe, that the SIM card will be used —
to commit, or to facilitate the commission by any person of, any offence under any written law; or
to cause, or to facilitate the causing by any person of, wrongful gain or wrongful loss to any person;
the SIM card is used by any person —
to commit, or to facilitate the commission by any person of, any offence under any written law; or
to cause, or to facilitate the causing by any person of, wrongful gain or wrongful loss to any person.
Subject to subsection (3), a person who is guilty of an offence under subsection (1) shall be liable on conviction —
in the case of an individual —
to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and
in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both; or
in any other case —
to a fine not exceeding $20,000; and
in the case of a second or subsequent conviction, to a fine not exceeding $40,000.
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.
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.
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.
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.