Money Laundering and Proceeds of Crime Act
Act No. 4/2013
(4) The court may grant an application made under this section in such amount as the court
thinks reasonable having regard to the loss suffered and any other relevant circumstances.
(5) Where the court has appointed a receiver or trustee in relation to property pursuant to
sections 83(1)(c) or vested it in a named representative of the Attorney-General pursuant to
section 85(7), the receiver, trustee or representative 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, trustee or representative.
92 Obtaining information from foreign authorities
The Attorney-General may, in accordance with the Civil Matters (Mutual Assistance) Act
[Chapter 8:02], make an application to a court or tribunal in a country designated under that Act
for information or evidence relevant to a civil forfeiture investigation or proceeding.
PART II
INVESTIGATIVE ORDERS FOR CIVIL FORFEITURE
92 Production order for property tracking documents
(1) A production order under this section in relation to a civil forfeiture investigation is an
order requiring a person to produce a document relevant in identifying, locating or quantifying
property or necessary for its transfer, hereinafter referred to as a "property tracking document",
or requiring that person to give a specified person access to the material.
(2) Where the Attorney-General has reasonable grounds to believe that property as
specified in subsection (5) is or may be subject to an application for a civil forfeiture order, he
or she may apply ex parte and in writing to a court for an order requiring the person believed to
have possession or control of a property tracking document to produce such document.
(3) An application under this section shall be supported by an affidavit setting out the
grounds for the application.
(4) The application must—
(a) specify the property that is subject to the civil forfeiture application; and
(b) state that the production order is sought for the purposes of the investigation; and
(c) state that the production order relates to a specified property tracking document, or to a
property tracking document of a description specified in the application; and
(d) state that a person specified in the application appears to be in possession or control of
the property tracking document.
(5) Where an application is made to the court for a production order and the court finds
there are reasonable grounds to believe that specified property is or may be the subject of an
application for civil forfeiture, and that a specified person has possession or control of a
property tracking document relating to the specified property, it may make an order that the
person produce the document to a named representative of the Attorney-General at a time and
place specified in the order.
(6) Before granting an application for a production order, the court must be satisfied that
there are reasonable grounds for believing that—
(a) the property said to be the subject of the civil forfeiture investigation is tainted
property or terrorist property; and
(b) the person specified in the application has control of the property tracking document
specified in the application.
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