2019
Finance
No. 1/2019
the following provisions of Part VI (“Search Warrants, Seizure, Detention
and Disposal of Property Connected with Offences”, etc.) of the Criminal
Procedure and Evidence Act [Chapter 9:07] shall apply to the AMU and
its inspectors with such of the following modifications as are applicable,
namely—
(c) sections 47 and 48;
(d) section 49 (by adding to the cases in which the State may, in
accordance Part IV of the Criminal Procedure and Evidence
Act, seize any article, the case where the article in question
constitutes any part of property for which the AMU has been
appointed the receiver or trustee in terms of this Act);
(e) sections 50 and 51 (references to a “police officer” being
construed as references to an inspector of the AMU);
(f) section 58—
(i) subsection (1) (references to “criminal proceedings”
and “conviction” therein being construed as references
to “enforcement or investigatory proceedings”, and
“determination of enforcement or investigatory
proceedings” respectively);
(ii) subsections (3), (4), (5) and (6);
(iii) subsection (9) (references to the period of twentyone (21) days therein being construed as references
to a period of ninety (90) days, and references to
the commencement of the prosecution of an offence
in respect of which the seized article is required
as an exhibit being construed as references to the
commencement of “enforcement or investigatory
proceedings”).
100F AMU to have access to information
any information, whether specific or general, that the Director-General
considers necessary to carry out its functions under this Chapter.
(1) For the proper performance of its functions, the AMU shall
have power to obtain from any—
(a) financial institution; or
(b) designated non-financial business or profession; or
(c) law enforcement agency; or
(d) competent supervisory authority; or
(e) public authority or public officer; or
(f) company; or
(g) trustee of a trust; or
(h) private voluntary organisation registered or required to be
registered in terms of the Private Voluntary Organisations
Act [Chapter 17:05];
(2) Where, in the exercise of the power under subsection (1), the
Director-General or an employee, inspector or agent of the AMU requests
information from a person referred to in subsection (1), the information
shall be provided within such reasonable time and in such manner as
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