In forceAmended2020 Revised Edition

Contents

Securities and Futures Act 2001 · 2020 Revised Edition · Part 15 · Miscellaneous

328. Falsification of records by officer, employee or agent of relevant person

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Amended

Last amended by an amending law of 2017. 3 amendments in all.

(1)

Any officer, auditor, employee or agent of any relevant person who —

(a)

wilfully makes, or causes to be made, a false entry in any book, or in any report, slip, document or statement of the business, affairs, transactions, conditions or assets of that relevant person;

(b)

wilfully omits to make, or causes to be omitted, an entry in any book, or in any report, slip, document or statement of the business, affairs, transactions, conditions or assets of that relevant person; or

(c)

wilfully alters, extracts, conceals or destroys, or causes to be altered, extracted, concealed or destroyed, an entry in any book, or in any report, slip, document or statement of the business, affairs, transactions, conditions or assets of that relevant person,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both.

(2)

In subsection (1) —

“officer” includes a person purporting to act in the capacity of an officer;

“relevant person” means any —

(a)

approved exchange;

(b)

recognised market operator;

(c)

licensed trade repository;

(d)

licensed foreign trade repository;

(e)

approved clearing house;

(f)

recognised clearing house;

(g)

approved holding company;

(h)

holder of a capital markets services licence to carry on business in any regulated activity;

(i)

exempt person;

(j)

representative;

(k)

approved trustee mentioned in section 289;

(l)

authorised benchmark administrator;

(m)

exempt benchmark administrator;

(n)

authorised benchmark submitter;

(o)

exempt benchmark submitter; or

(p)

designated benchmark submitter.

Terms defined in this Act

approved clearing house
Defined · s 2
“approved clearing house” means a corporation that is approved by the Authority under section 51(1)(a) as an approved clearing house;
Open s 2
approved exchange
Defined · s 2
“approved exchange” means a corporation that is approved by the Authority under section 9(1)(a) as an approved exchange;
Open s 2
approved holding company
Defined · s 2
“approved holding company” means a corporation that is approved by the Authority under section 81W as an approved holding company;
Open s 2
auditor
Defined · s 2
“auditor” means a public accountant who is registered or deemed to be registered under the Accountants Act 2004 and, in Division 1 of Part 13, when used in relation to an entity not being a company, includes —(a)a person who is duly registered, licensed, approved or otherwise authorised to practise as an auditor (such practice to include the issue of any opinion, report or other document on the audit of any financial statement) —(i)under the laws of the place where the entity is formed or constituted; or(ii)under the laws of the place of his or her practice, if the auditing standards that are or will be applied to the financial statements of the entity are —(A)auditing standards commonly applied in that place; or(B)international auditing standards (by whatever name called); or(b)such other person as the Authority may approve in any particular case to be an auditor for such entity;
Open s 2
authorised benchmark administrator
Defined · s 2
“authorised benchmark administrator” means a corporation that is authorised by the Authority under section 123F(1) as an authorised benchmark administrator;
Open s 2
authorised benchmark submitter
Defined · s 2
“authorised benchmark submitter” means a corporation that is authorised by the Authority under section 123ZE(1) as an authorised benchmark submitter;
Open s 2
book
Defined · s 2
“book” includes any record, register, document or other record of information, and any account or accounting record, however compiled, recorded or stored, whether in written or printed form or on microfilm or in any other electronic form or otherwise;
Open s 2
business
Defined · s 46AAA
“business” includes affairs and property;
Open s 46AAA
capital markets services licence
Defined · s 2
“capital markets services licence” means a licence that is granted by the Authority under section 86 to a person to carry on a business in any regulated activity;
Open s 2
designated benchmark submitter
Defined · s 2
“designated benchmark submitter” means a corporation that is designated by the Authority under section 123ZI(1) to be a designated benchmark submitter;
Open s 2
exempt benchmark administrator
Defined · s 2
“exempt benchmark administrator” means a person who is exempted under section 123K(1) from the requirement to be an authorised benchmark administrator;
Open s 2
exempt benchmark submitter
Defined · s 2
“exempt benchmark submitter” means a person who is exempted under section 123ZH(1) from the requirement to be an authorised benchmark submitter;
Open s 2
exempt person
Defined · s 2
“exempt person” means a person who is exempted under section 99;
Open s 2
licensed foreign trade repository
Defined · s 2
“licensed foreign trade repository” means a corporation that has in force a foreign trade repository licence granted by the Authority under section 46E(2);
Open s 2
licensed trade repository
Defined · s 2
“licensed trade repository” means a corporation that has in force a trade repository licence granted by the Authority under section 46E(1);
Open s 2
officer
Defined · s 2
“officer” has the meaning given by section 4(1) of the Companies Act 1967;
Open s 2
recognised clearing house
Defined · s 2
“recognised clearing house” means a corporation that is recognised by the Authority under section 51(1)(b) or (2) as a recognised clearing house;
Open s 2
recognised market operator
Defined · s 2
“recognised market operator” means a corporation that is recognised by the Authority under section 9(1)(b) or (2) as a recognised market operator;
Open s 2
regulated activity
Defined · s 2
“regulated activity” means an activity specified in the Second Schedule;
Open s 2

Report

Read on from s 329

Schedules

Read on from Schedules