Money Laundering and Proceeds of Crime Act Act No. 4/2013 (a) the date on which a benefit recovery order is made; or (b) the date on which a certificate is issued pursuant to this section; or (c) the date on which any appeal lodged against a benefit recovery order or a certificate issued pursuant to this section is finally determined, dismissed or withdrawn; the court shall, on the application of the Attorney-General, where the defendant has failed to pay all or part of the amount to be recovered under the benefit recovery order, bring into effect the suspended term of imprisonment, or the suspended portion of the term of imprisonment, imposed under section 59— (3) Where a court brings into effect a suspended term of imprisonment under subsection (2), it shall direct that— (a) the term be served consecutively upon any other form of imprisonment imposed on that person, or that the person is then serving; and (b) that any law regarding the remission of sentences of prisoners serving a term of imprisonment shall not apply to the suspended term of imprisonment brought into effect under subsection (2); and (c) notwithstanding any term of imprisonment brought into effect, the unpaid amount will remain due and owing. (4) An application for the certificate referred to in subsection (6) may be made by the defendant to the court in which an application for a benefit recovery order has been made against him or her pursuant to section ___. (5) An application pursuant to subsection (4)— (a) may not be made more than thirty days after the date upon which a benefit recovery order was made; and (b) must be supported by a sworn affidavit of the defendant and of any other person upon whom the defendant proposes to rely; and (c) must be served upon the Attorney-General together with any supporting affidavits; and (d) has the effect of suspending the running of time under subsection (2)(b) until the application is finally determined, dismissed or is withdrawn. (6) The court shall grant a certificate pursuant to this section if, having regard to any affidavit filed pursuant to subsection (5), any affidavit filed in response by the AttorneyGeneral and any oral testimony, it is satisfied that— (a) it has been provided with an accurate assessment of the total value of the financial resources held by the defendant, or subject to his or her effective control (irrespective of whether they are subject to an interdict under this Act); and (b) the total value of the financial resources held by the defendant, or subject to his or her effective control is less than the amount ordered to be paid under the benefit recovery order. (7) Where a certificate is granted pursuant to subsection (6), it must specify a monetary amount equal to the total value of the financial resources held by the defendant or subject to his or her effective control. (8) The court may, on the application of the Attorney-General within ___ years after the grant of the certificate, vary or revoke it or issue a benefit recovery order in a new amount, when— (a) it is made aware of facts that would have led it to a different conclusion regarding the granting of a certificate or the amount of a certificate; or (b) the defendant acquires possession or control of additional assets which, had they been available at the date of the certificate, would have resulted in the certificate not being granted or granted for a higher amount. - 50 -