Money Laundering and Proceeds of Crime Act Act No. 4/2013 order that may be applied for in terms of section ___, and the provisions of section ___ 17shall thereupon apply to any failure on the part of the convicted person to comply with the benefit recovery order. (2) With a view to rendering the provisions of this Part operative, the prosecutor must notify the court in advance of the possibility that the Attorney-General may, upon conviction of the person for any offence, apply for a benefit recovery order in respect of that offence, which notice must be given in — (a) the statement of the charge lodged with the clerk of the magistrates court before which the person is to be tried, where the offence is to be tried summarily; or (b) the indictment, where the person is to be tried before the High Court; together with sufficient particulars of the application for the benefit recovery order as will enable the court to determine the application immediately upon the conviction of the defendant. (3) If, despite the conviction of the person and the total or partial suspension of his or her sentence of imprisonment, no application is made by the Attorney-General for a benefit recovery order within the period specified in section ------18, the suspended portion of the period of imprisonment shall come into effect. 59 Application for benefit recovery order (1) Where a person is convicted of an offence in respect of which notice of an application for a benefit recovery order has been given in terms of section 58, the court shall— (a) sentence the person for the offence by imposing— (i) a sentence of imprisonment that is wholly or partially suspended conditionally upon compliance with a benefit recovery order; and (ii) any other penalty, if any, it is lawfully impose, such as a fine or community service order; and immediately thereafter proceed to determine the application for the benefit recovery order; or (b) defer sentencing the person for the offence, on its own motion, or at the instance of the prosecutor, the defendant or of any person who may be interested in the benefit recovery order— (i) if (in the opinion of the court), the particulars about the alleged benefit derived from the offence, the nature of the benefit, its value or other matters required in order for the benefit recovery order to be effectively imposed and enforced were not sufficiently canvassed during the trial for the offence; or (ii) if there is any dispute of fact concerning nature of the benefit, its value or other substantial dispute of fact; and immediately thereafter the court shall proceed to determine the application for the benefit recovery order. (2) A deferral of sentencing for the purposes of hearing an application for a benefit recovery order pursuant to subsection (1)(b) shall be to a date no later than thirty days after the day of the conviction for the offence concerned. (3) Any matter required to be proved on an application for a benefit recovery order shall be proved on a balance of probabilities. (4) The Attorney-General may amend an application for a benefit recovery order at any time prior to the final determination of the application by the court, providing that reasonable notice of the amendment is given to affected persons. 17 (sic) Both section numbers are omitted in the published Act. 18 (sic) Section number omitted in the published Act. - 46 -