Money Laundering and Proceeds of Crime Act Act No. 4/2013 (b) any financial institution from permitting the withdrawal of cash in excess of the amounts referred to in paragraph (a). (2) The Unit may— (a) for good cause shown, exempt any person from compliance with a notice made in terms of subsection (1); and (b) delegate to any financial institution its power to grant exemptions in terms of paragraph (a). (3) Subject to subsection (2), any person who or financial institution which contravenes a notice made in terms of subsection (1) shall be guilty of an offence and liable to a fine not exceeding level eight. (4) A notice made in terms of subsection (1) shall expire six months after the date on which it was published, unless it has earlier been repealed. (5) The Minister shall cause a notice made in terms of subsection (1) to be laid before the House of Assembly as soon as possible after it was made, and if, within twenty sitting days after it was laid before the House, the House resolves that the notice should be repealed, the Minister shall forthwith repeal it.”; (f) by the repeal of Part IV; (g) in section 39 (“Seizure and detention of cash that is the proceeds of crime or used in unlawful dealings in foreign currency”) by the repeal of subsection (1) and the substitution of— “(1) Notwithstanding anything to the contrary contained in the Criminal Procedure and Evidence Act [Chapter 9:07], the Money Laundering and Proceeds of Crime Act, 2013, or the Exchange Control Act [Chapter 22:05], this Part shall apply to cash used or suspected of being used in connection with— (a) money-laundering or the financing of terrorist activities; or (b) any serious offence; or (c) any offence of buying or borrowing foreign currency from, or selling or lending foreign currency to, a person other than a person authorised under the Exchange Control Act [Chapter 22:05]; as if that offence were a cash detainable offence.”; (h) by the repeal of section 41 and the substitution of— “41 Applicability of Cap.[ ]23 where tainted property consists of currency, other property or both If a person suspected of committing a serious offence is in possession of tainted property— (a) consisting of currency alone, this Act shall apply to the exclusion of the Money Laundering and Proceeds of Crime Act, 2013; or (b) consisting exclusively of property other than currency, the Money Laundering and Proceeds of Crime Act, 2013, shall apply to the exclusion of this Act; or (c) consisting of both currency and property other than currency— (i) this Act shall apply to such part of the property as consists of currency; and (ii) the Money Laundering and Proceeds of Crime Act, 2013, shall apply to such part of the property as does not consist of currency.”. 23 (sic) The published Act leaves the Chapter No. blank. The intention was obviously to refer to Act No. 4/2013 [the Money Laundering etc Act] by its Chapter No. but that has not yet been assigned. - 72 -

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