Act 7

Electronic Signatures Act

2011

90. Obstruction of authorised officer.
A person who obstructs, impedes, assaults or interferes in any way
with any authorised officer in the performance of his functions under
this Act commits an offence.

91. Additional powers.
An authorised officer may, for the purposes of the execution of this
Act, to do all or any of the following—
(a) require the production of records, accounts, computerised
data and documents kept by a licensed certification service
provider and to inspect, examine and copy any of them;
(b) require the production of any identification document from
a person in relation to any case or offence under this Act;
(c) make such inquiry as may be necessary to ascertain whether
the provisions of this Act have been complied with.

92. General penalty.
(1) A person who commits an offence under this Act for which
no penalty is expressly provided is liable, on conviction, to a fine not
exceeding seventy two currency points or to imprisonment for a term
not exceeding three years or both and in the case of a continuing
offence shall in addition be liable to a daily fine not exceeding two
currency points for each day the offence continues.
(2) For the purposes of this section, “this Act” does not include
the regulations made under this Act.

93. Institution and conduct of prosecution.
(1) A prosecution under this Act shall not be instituted except by
or with the consent of the Director of Public Prosecution, but a person
charged with such an offence may be arrested or a warrant for his or
her arrest issued and executed and the person may be detained or
released on police bond, not withstanding that the consent of the
Director of Public Prosecution to the institution of a prosecution for
the offence has not yet been obtained, but no further or other
proceedings shall be taken until that consent has been obtained.
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