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 - 61 -

Select target paragraph3

Add to table of contents