Acts 2017
480
(7) No person shall be required under this section to answer any
question or to give any evidence tending to incriminate him.
7.
Power to require information
(1) Subject to section 26 of the Bank of Mauritius Act, section 64
of the Banking Act, section 83 of the Financial Services Act, section 30 of
the Financial Intelligence and Anti-Money Laundering Act and section 81
of the Prevention of Corruption Act –
(a)
the Commissioner may, by written notice served on a
person, request from that person such information as is
necessary or expedient for the discharge of his functions
and the exercise of his powers under this Act; and
(b)
where the information requested by the Commissioner
is stored in a computer, disc or cassette, or on microfilm,
or preserved by any mechanical or electronic device,
the person named in the notice shall produce or give
access to the information in a form in which it can be
taken away and in which it is visible and legible.
(2) Any person who, without reasonable excuse, fails or refuses
to comply with a requirement specified in a notice, or who furnishes to the
Commissioner any information which he knows to be false or misleading
in a material particular, shall commit an offence and shall, on conviction,
be liable to a fine not exceeding 50, 000 rupees and to imprisonment for a
term not exceeding 2 years.
8.
Preservation Order
(1) The Commissioner may apply to a Judge in Chambers for
a Preservation Order for the expeditious preservation of data, including
traffic data, where he has reasonable ground to believe that the data are
vulnerable to loss or modification.
(2) Where the Judge is satisfied that a Preservation Order may be
made under subsection (1), he shall issue the Preservation Order specifying
a period which shall not be more than 90 days during which the order shall
remain in force.