Money Laundering and Proceeds of Crime Act Act No. 4/2013 (a) proof that a person was convicted of any offence for conduct that is relevant to the determination of whether property is tainted property or terrorist property, is proof that the person committed the conduct; (b) the court may, on a balance of probabilities, find that property is tainted property or terrorist property, even if a person whose conduct is relevant to the determination of whether property is tainted property or terrorist property was acquitted of an offence related to that conduct, or if the charge was withdrawn before a verdict was returned, or if the proceedings were stayed. 81 Property freezing order under Part I of Chapter V (1) The Attorney-General may apply to the court for a property freezing order in respect of property that he or she reasonably believes to be tainted property or terrorist property. (2) An application for a property freezing order shall be in writing and shall be supported by an affidavit of an authorised officer indicating that the officer believes, and the grounds for his or her belief, that the property the subject of the application is tainted property or terrorist property. (3) An application for a property freezing order may— (a) be made ex parte and without notice, if the authorised officer sets forth in his or her affidavit reasonable grounds for believing that the giving of notice to any affected party is likely to prejudice the purpose for which the application is sought; (b) include an application for an order by the court limiting or restricting attendance at the court and publication of its proceedings in terms of the Courts and Adjudicating Authorities (Publicity Restriction) Act [Chapter 7:04]. (4) The court may make a property freezing order to preserve the specified property where it is satisfied that there are reasonable grounds to believe that the property, or part of it, is tainted property or terrorist property. (5) Within twenty-one days of the granting of a property freezing order or such other period as the court may direct, notice of the order shall be served on all persons known to the Attorney-General to have an interest in the property affected by the order, and such other persons as the court may direct. 82 Further provisions in relation to property freezing orders (1) Where a court makes a property freezing order, the court may, at the time when it makes the order, or at any later time, make any further orders that it considers appropriate, including, without limiting the generality of the foregoing, the following orders— (a) an order that the property or part of the property specified in the property freezing order shall be seized, taken into possession, delivered up for safe-keeping or otherwise secured by the Attorney-General; (b) an order that the property or part of the property specified in the freezing order shall be dealt with in a particular manner, including by an encumbrance which is ordered by the court on such property in favour of the Attorney-General together with an order that prohibits any other encumbrance, or by a prohibition regarding dealing in or with such property; (c) an order to appoint a receiver or trustee to take custody and/or control of the property or a part of the property that is specified in the property freezing order, and to manage or otherwise deal with the whole or any part of the property in accordance with any directions of the court; (d) such other order for the preservation, management or disposition of the property or part of the property specified in the property freezing order as the court considers appropriate. - 59 -

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