Money Laundering and Proceeds of Crime Act
Act No. 4/2013
(3) If during the course of searching under a property seizure order, an authorised officer
finds any property or thing that he or she believes on reasonable grounds—
(a) will afford evidence as to the commission of an offence; or
(b) is of a kind which could have been included in the order had its existence been known
of at the time of application for the order;
he or she may seize that property or thing and the seizure order shall be deemed to authorise
such seizure.
(4) Property, other than evidence of other crimes, seized under a property seizure order,
may only be retained by or on behalf of the Attorney-General for thirty days.
(5) The Attorney-General may subsequently make application for an interdict in respect of
such property.
(6) If the authorised officer is an inspector who believes that the execution of an order
under this section may give rise to a breach of the peace or other criminal conduct, the inspector
may request that he or she be accompanied by one or more police officers who will assist in
execution of the order.
(7) A property seizure order shall specify—
(a) the purpose for which the order is issued, including the nature of the relevant offence;
and
(b) the kind of property authorised to be seized; and
(c) the date on which the order shall cease to have effect; and
(d) the time during which entry upon any land or premises is authorised
48 Protection of receiver or trustee
Where a court has appointed a receiver or trustee in relation to property pursuant to sections
41(2)(c) or ___15, the receiver or trustee shall not be personally liable for any loss or claim
arising out of the exercise of powers conferred upon him or her by the order or this Chapter
unless the court in which the claim is made is satisfied that—
(a) the applicant has an interest in the property in respect of which the loss or claim is
made; and
(b) the loss or claim arose by reason of the negligence or reckless or intentional
misconduct of the receiver or trustee.
49
Duration of interdict
(1) Where the court makes an interdict on the basis that a person is the subject of an
investigation for an offence, and the person is not charged with that offence or any offence
arising from the same conduct or course of conduct within the period of twelve months from the
date on which the interdict is made (in this section called “the investigation period”), the
interdict shall be deemed to be discharged on the date of expiry of the investigation period
unless the Attorney-General earlier, on notice to any person affected by the interdict, applies to
the court for an extension of the investigation period for a specified period not exceeding six
months, whereupon the court may extend the investigation period for a specified period if it is
satisfied that it is in the interest of justice to do so.
(2) Where the court orders an extension of an investigation period in accordance with
subsection (1), the Attorney-General may apply for one more extension of it in accordance with
subsection (1) for a specified period not exceeding six months.
15
(sic) Section number missing.
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