Clause 7

If a specified officer suspects or has reason to believe that a person (called in this Act the identified person) will use a scam‑enabling service to commit, or facilitate the commission of, a scam‑related offence, the specified officer may issue an order (called in this Act a service limitation order) to the service provider of the scam‑enabling service, directing the service provider to restrict the provision of the scam‑enabling service to the identified person for a period of 3 years or any shorter period that may be specified in the order.

A service limitation order must specify —

the name of the identified person;

any other information about the identified person that is necessary to enable the service provider to whom the order is issued to identify the identified person;

the scam‑enabling service the provision of which the service provider must restrict;

the period for which the service provider must restrict the provision of the scam‑enabling service to the identified person; and

the time at which the order takes effect.Account disabling orders6B.—

If a specified officer suspects or has reason to believe that a bank account, payment account, digital payment token account, telephone line account or online account has been or will be used preparatory to, or in furtherance of, the commission of a scam‑related offence, the specified officer may issue an order (called in this Act an account disabling order) to the service provider who provides the account —

identifying the account; and

directing the service provider to disable the account.

If a specified officer has reason to believe that any bank account, payment account, digital payment token account, telephone line account or online account in relation to which specific conditions (called in this Act disabling conditions) are satisfied is, or is likely to be, an account that has been or will be used preparatory to, or in furtherance of, the commission of a scam‑related offence, the specified officer may issue an account disabling order to a service provider —

specifying the disabling conditions; and

directing the service provider to disable any bank account, payment account, digital payment token account, telephone line account or online account provided by the service provider in relation to which the disabling conditions are satisfied.

A specified officer must not issue any account disabling order that directs a service provider to disable an account for a period of more than 30 days.

An account disabling order must specify —

in the case of an order issued under subsection (1) — the name or number of the account and any other information on the account that is necessary to enable the service provider to identify the account;

in the case of an order issued under subsection (2) — the disabling conditions;

if the order directs a service provider to disable a bank account, payment account or digital payment token account — the specific uses of the account that the service provider must prevent;

if the order directs a service provider to disable a telephone line account or online account —

the persons or classes of persons with whom communication by the use of the telephone line account or online account (as the case may be) must be prevented; or

the other telephone line accounts or online accounts through which communication by the use of the firstmentioned telephone line account or online account (as the case may be) must be prevented;

the period for which a service provider must disable the account identified in the order or an account in relation to which the disabling conditions are satisfied; and

the time at which the order takes effect.

The disabling conditions of an account disabling order may be specified generally, or specifically in relation to particular classes of bank accounts, payment accounts, digital payment token accounts, telephone line accounts and online accounts.

Without limiting subsection (5), the disabling conditions of an account disabling order may include (but are not limited to) the following conditions:

if the order directs a service provider to disable a bank account, payment account or digital payment token account, that —

the account was used to carry out a specified number of transactions, or transactions of a specified type, during a specified period;

the account was used to carry out transactions in relation to a specified amount of money or property during a specified period;

the account was used to carry out a transaction with a specified bank account, payment account or digital payment token account or with a bank account, payment account or digital payment token account the user of which is a specified person; or

the user of the account is a specified person;

if the order directs a service provider to disable a telephone line account or online account, that —

the account was used to communicate with any person in a specified manner;

the account was used to communicate with specified persons or with persons through other specified telephone line accounts or other specified online accounts, as the case may be; or

the user of the account is a specified person.Meaning of “disable”6C. For the purposes of this Act —

a service provider “disables” a bank account, payment account or digital payment token account in accordance with an account disabling order by preventing the use of the account for one or more of the following, as specified in the order:

the deposit of money or property;

the holding of money or property;

the transfer of money or property;

the receipt of money or property;

the withdrawal of money or property; and

a service provider “disables” a telephone line account or online account in accordance with an account disabling order by preventing the use of the account to —

communicate with any person or class of persons specified in the order; or

communicate with any person through other telephone line accounts or other online accounts specified in the order.Cancellation of service limitation order or account disabling order6D.—

A specified officer may, at any time, cancel a service limitation order or account disabling order.

The cancellation of a service limitation order or account disabling order does not affect the operation of the order, or anything done or omitted to be done in compliance with the order, before the date of its cancellation.Variation of service limitation order or account disabling order6E.—

A specified officer may vary a service limitation order issued to a service provider by permitting the service provider to provide a scam‑enabling service specified in the order to the identified person, subject to any limit or condition that the specified officer may specify to the service provider.

A specified officer may vary an account disabling order issued to a service provider by permitting the service provider to do the following, subject to any limit or condition that the specified officer may specify to the service provider:

if the order directs the service provider to disable a bank account, payment account or digital payment token account — allow the use of the account for one or more of the following:

the deposit of money or property;

the holding of money or property;

the transfer of money or property;

the receipt of money or property;

the withdrawal of money or property;

if the order directs the service provider to disable a telephone line account or online account —

allow the use of the account to communicate with any person or class of persons; or

allow the use of the account to communicate with any person through any other telephone line account or online account.

A specified officer may, at any time before the end of the period mentioned in section 6B(4)(e), extend the period for a further period not exceeding 30 days.

A specified officer must not extend a period under subsection (3) more than once.Offence of failure to comply with service limitation order or account disabling order6F.—

Any service provider who is issued a service limitation order or account disabling order and who, without reasonable excuse, fails to comply with the order commits an offence.

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 $20,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $2,000 for every day or part of a day during which the offence continues after conviction; or

in any other case, to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction.Division 2 — Disclosure ordersDisclosure orders6G.—

A specified officer may issue an order (called in this Act a disclosure order) to a service provider who has been issued a service limitation order or account disabling order, directing the service provider to disclose the following information to the persons specified in the order:

in the case of a service provider to whom a service limitation order has been issued —

information on whether the service provider has restricted the provision of the scam‑enabling service specified in the service limitation order to the identified person; or

information on whether the service provider has, on its own motion, restricted the provision of any other scam‑enabling service to the identified person, and if so, information on the other scam‑enabling service;

in the case of a service provider to whom an account disabling order has been issued —

information on whether the service provider has disabled the bank account, payment account, digital payment token account, telephone line account or online account as directed under the account disabling order;

information on whether any bank account, payment account, digital payment token account, telephone line account or online account provided by the service provider satisfies any disabling condition of the account disabling order; or

any other information relating to the bank account, payment account, digital payment token account, telephone line account or online account directed to be disabled under the account disabling order, or relating to any user of the account.

A specified officer may issue a disclosure order to any service provider directing the service provider to disclose any information relating to any bank account, payment account, digital payment token account, telephone line account or online account provided by the service provider, or any user of such an account, to the persons specified in the order, if the specified officer —

is satisfied that the disclosure is necessary or expedient for preventing the commission of a scam‑related offence; and

believes on reasonable grounds that the service provider is capable of disclosing the information.

A disclosure order must specify —

the information that the service provider to whom the order is issued must disclose;

the circumstances under which the service provider must disclose the information;

the persons to whom the service provider must make the disclosure;

the purpose of the disclosure;

the manner in which the service provider must make the disclosure; and

the time by which the service provider must make the disclosure or, if the order directs the service provider to make the disclosure at regular intervals, the frequency at which the service provider must make the disclosure.

A disclosure order directing a bank to disclose customer information has no effect unless the Authority has issued a notice under section 55(1) of the Banking Act 1970 to the bank, or a class of banks that includes the bank, that requires the bank to comply with the disclosure order or with such disclosure orders generally.

In this section and section 6J(2) —“Authority” means the Monetary Authority of Singapore established by section 3 of the Monetary Authority of Singapore Act 1970;“customer information”, in relation to a bank, has the meaning given by section 40A of the Banking Act 1970.Cancellation of disclosure order6H.—

A specified officer may, at any time, cancel a disclosure order.

The cancellation of a disclosure order does not affect the operation of the order, or anything done or omitted to be done in compliance with the order, before the date of its cancellation.Variation of disclosure order6I. A specified officer may vary any of the following:

the information that a service provider is directed by a disclosure order to disclose;

the circumstances under which the service provider must disclose the information;

the persons to whom the service provider must make the disclosure;

the manner in which the service provider must make the disclosure;

the time by which, or the frequency at which, the service provider must make the disclosure.Offences of failure to comply with disclosure order and providing false or misleading information6J.—

Subject to subsection (2), any service provider who is issued a disclosure order directing the service provider to disclose information to any other person commits an offence if the service provider —

without reasonable excuse, fails to comply with the order; or

wilfully or recklessly provides to the other person —

information that is false or misleading in a material particular; or

information that omits any matter or thing without which the information is misleading in a material particular.

Subsection (1)(a) does not apply to a bank acting in accordance with a notice issued by the Authority mentioned in section 6G(4).

A person who is guilty of an offence under subsection (1)(a) shall be liable on conviction —

in the case of an individual, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; or

in any other case, to a fine not exceeding $10,000.

It is not a defence to a charge for an offence under subsection (1)(a) that the service provider is subject to a duty of confidentiality or privacy imposed by any rule of law or a duty imposed by any contract or any rule of professional conduct, that prevents or restricts the service provider from complying with a requirement of the disclosure order.

A person who is guilty of an offence under subsection (1)(b) shall be liable on conviction —

in the case of an individual, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both; or

in any other case, to a fine not exceeding $40,000.Division 3 — MiscellaneousApplication of orders under this Part outside Singapore6K. A service limitation order, account disabling order or disclosure order may be issued to a person —

whether the person is a resident or citizen of Singapore or is physically present in Singapore or outside Singapore;

whether the person (not being an individual) is formed, constituted or registered in Singapore or outside Singapore;

whether the person is carrying on a business or is operating in Singapore or outside Singapore;

whether the order directs the person to do or not do any act in Singapore or outside Singapore; and

whether the order directs the person to disclose any information stored in Singapore or outside Singapore.Service of orders under this Part6L.—

A service limitation order, account disabling order or disclosure order may be served on an individual —

by giving it to the individual personally;

by sending it by prepaid registered post to the address specified by the individual for the service of documents generally or, if no address is so specified, the individual’s residential address or business address;

by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there;

by affixing a copy of the order in a conspicuous place at the individual’s residential address or business address; or

by sending it by email to the individual’s last email address.

A service limitation order, account disabling order or disclosure order may be served on a partnership (other than a limited liability partnership) —

by giving it to any partner or other similar officer, or an authorised representative, of the partnership;

by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; or

by sending it by email to the partnership’s last email address.

A service limitation order, account disabling order or disclosure order may be served on a body corporate (including a limited liability partnership) or unincorporated association —

by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the manager of the limited liability partnership;

by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office in Singapore of the body corporate or unincorporated association; or

by sending it by email to the last email address of the body corporate or unincorporated association.

Service of a service limitation order, account disabling order or disclosure order takes effect —

if the order is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent; and

if the order is sent by prepaid registered post, 2 days after the day the order was posted (even if it is returned undelivered).

In addition, a service limitation order, account disabling order or disclosure order may be served on an individual, partnership, body corporate or unincorporated association by giving an electronic notice to the individual, partnership, body corporate or unincorporated association (called in this section an addressee) by the addressee’s chosen means of notification, stating that the order is available and how the addressee may use the addressee’s chosen means of access to access the order’s contents.

A service limitation order, account disabling order or disclosure order may also be served on a person —

by email sent to the last email address given by the person to a designated officer, the competent authority, an authorised officer, a police officer or an enforcement officer for the service of documents under section 45 of the Online Criminal Harms Act 2023; or

by an electronic means that the person has nominated as a chosen means of notification for the giving or serving of a document by a chosen means of access under section 45 of the Online Criminal Harms Act 2023.

In this section —“authorised representative”, in relation to a partnership (other than a limited liability partnership), means any person authorised to accept service of documents on behalf of the partnership;“business address” means —

in the case of an individual, the individual’s usual or last known place of business in or outside Singapore; or

in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in or outside Singapore;“chosen means of access”, for an addressee on whom is or is to be served a service limitation order, account disabling order or disclosure order, means an electronic means that the addressee agrees with any specified officer as the means by which the addressee may access the contents of any service limitation order, account disabling order or disclosure order;“chosen means of notification”, for an addressee on whom is or is to be served a service limitation order, account disabling order or disclosure order, means an electronic means that the addressee nominates to any specified officer as the means by which the addressee may be notified that any service limitation order, account disabling order or disclosure order has been served on the addressee;“last email address” means the last email address given by the addressee concerned to any specified officer as the email address for the service of orders under this Act;“residential address” means an individual’s usual or last known place of residence in or outside Singapore.Confidentiality of information contained in or provided under orders under this Part6M.—

A service provider to whom a service limitation order, account disabling order or disclosure order is issued must not —

disclose any information contained in the order to any other person; or

use any information contained in the order for any purpose other than to prevent or detect the commission of a scam-related offence,except where lawfully required or allowed to do so by or under the service limitation order, account disabling order or disclosure order, by or under the provisions of any written law or by any court.

A person who receives any information that was provided to the person under a disclosure order, knowing that such information was provided under a disclosure order, must not —

disclose the information to any other person; or

use the information for any purpose other than to prevent or detect the commission of a scam‑related offence,except where lawfully required or allowed to do so by or under a service limitation order, account disabling order or disclosure order, by or under the provisions of any written law or by any court.

A service provider to whom a service limitation order, account disabling order or disclosure order is issued must take the prescribed measures to ensure the confidentiality of any information contained in the order.

A person who receives any information that was provided to the person under a disclosure order, knowing that such information was provided under a disclosure order, must take the prescribed measures to ensure the confidentiality of the information.

Any person who, without reasonable excuse, contravenes subsection (1), (2), (3) or (4) commits an offence.

A person who is guilty of an offence under subsection (5) shall be liable on conviction —

in the case of an individual, to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both; or

in any other case, to a fine not exceeding $250,000.Jurisdiction of courts6N.—

Where an offence under this Part is committed by a person wholly or partly outside Singapore, the person may be dealt with in respect of that offence as if the offence had been committed wholly in Singapore.

Despite the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Part and has power to impose the full punishment for any such offence.”.