Electronic
Communications
and Transactions
[ N o . 21 o f 2 0 0 9
1 0 8 . If a body corporate or un-incorporate body is convicted of
an offence under this Act, every person w h o —
291
Offence
committed
by body
corporate or
unincorporate
(a) is a d i r e c t o r of, or is o t h e r w i s e c o n c e r n e d with t h e
m a n a g e m e n t of, the body corporate or un-incorporate
body;and
(b) knowingly authorised or permitted the act or omission
constituting the offence;
shall be deemed to have committed the same offence and may be
proceeded against and punished accordingly.
1 0 9 . A n offence u n d e r this A c t shall be d e e m e d to be a
cognizable offence for the purposes of the Criminal Procedure
Code.
Cognizable
offences
Cap.88
PART X V
GENERAL PROVISIONS
110. A person w h o commits an offence under this Act for which
no penalty is provided is liable, upon conviction—
General
penalty
(a) in the case of an individual, to a penalty not exceeding
five hundred thousand penalty units or to imprisonment
for a period not exceeding five years, or to both; or
(b) in the case of a body corporate or un incorporate body to
a penalty not exceeding one million penalty units.
111. N o t w i t h s t a n d i n g any other law, e v i d e n c e w h i c h is
obtained by m e a n s of any interception effected in contravention of
this Act, shall not be admissible in any criminal proceedings except
with the leave of the court, and in granting or refusing such leave,
the court shall have regard, among other things, to the circumstances
in which it w a s obtained, the potential effect of its admission or
exclusion on issues of national security and the unfairness to the
a c c u s e d p e r s o n that m a y be o c c a s i o n e d by its a d m i s s i o n or
exclusion.
Evidence
obtained by
unlawful
interception
not
admissible
in criminal
proceedings
112. (1) T h e I n v e s t i g a t o r - G e n e r a l a p p o i n t e d under the
Constitution, shall supervise the compliance with the provisions o f
this A c t concerning personal data.
Data
protection
by
InvestigatorGeneral
Cap. 1
(2) W h e n performing the duties under subsection (1), the
Investigator-General shall have the right to obtain information and
to perform inspections under this Act.