Money Laundering and Proceeds of Crime Act
Act No. 4/2013
known of at the time of application for the order, he or she may seize that property and the
seizure order shall be deemed to authorise such seizure.
(4) Property 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 a property freezing order
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
84 Application for and granting of civil forfeiture order
(1) Where the Attorney-General believes that any property is tainted property or terrorist
property, he or she may apply to the court for an order of civil forfeiture in respect of that
property in accordance with the rules of court applicable to civil applications.
(2) Where the Attorney-General makes an application for a civil forfeiture—
(a) he or she shall serve a copy of the application on the any person whom the AttorneyGeneral has reason to believe has an interest in the property; and
(b) any person claiming an interest in the property may appear and adduce evidence at the
hearing of the application; and
(c) at any time before the final determination of the application, the court may direct the
Attorney-General to provide such notice as the court deems appropriate to any person
who, in the court’s opinion, appears to have an interest in the property.
(3) Service of notice under subsection (2) above shall be effected in accordance with the
rules of court applicable in civil court proceedings.
(4) Any person who asserts an interest in the property and who seeks to oppose the making
of a civil forfeiture order, or who wishes to exclude his interest from a civil forfeiture order
,shall file an appearance in accordance with the rules of court applicable in civil court
proceedings.
(5) Where an application for a civil forfeiture order is before the court, the court may
determine by its own procedures the evidence that may be adduced before it, it shall in
particular ensure that any person with an interest of any nature in the property the subject of the
application has an opportunity to make representations to the court as to whether an order for
civil forfeiture should be granted.
(6) Where the court is satisfied on a balance of probabilities that property specified in the
application is tainted property or terrorist property, it shall grant a civil forfeiture order in
respect of such property.
(7) A civil forfeiture order shall have the effect of vesting the forfeited property in a named
representative of the Attorney-General or specified receiver or trustee who shall be responsible
for realizing the property in accordance with section 90.
85 Orders regarding legitimate owners
(1) If, in the course of a hearing of an application for a civil forfeiture order, the court is
satisfied on a balance of probabilities that any property which is the subject of the application is
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