Act 27 2020 - PROCEEDS OF CRIME (CIVIL CONFISCATION) (AMENDMENT) ACT, 2020

[14th December 2020] Supplement to Official Gazette 387 PROCEEDS OF CRIME (CIVIL CONFISCATION) (AMENDMENT) ACT, 2020 (Act 27 of 2020) I assent Wavel Ramkalawan President 10th December, 2020 AN ACT to amend the Proceeds of Crime (Civil Confiscation) Act (Cap. 298). ENACTED by the President and the National Assembly. 1. This Act may be cited as the Proceeds of Crime Short title and (Civil Confiscation) (Amendment) Act, 2020 and shall come commencement into operation on such date as the Minister may by notice in the Gazette, appoint. 388 Supplement to Official Gazette [14th December 2020] Amendments to 2. The Proceeds of Crime (Civil Confiscation) Act Cap, 298 (Cap. 298) is hereby amended as follows — (a) in section 2 — (i) for the definition of “criminal conduct”, the following definition shall be substituted — ' “criminal conduct” shall have the same meaning assigned to it in section 3(9) of the Anti-Money Laundering and Countering the Financing of Terrorism Act, 2020 (Act 5 of 2020);'; (ii) for the definition of “benefit from criminal conduct”, the following definition shall be substituted — ' “benefit from criminal conduct” shall have the same meaning assigned to it in section 2 of the Anti-Money Laundering and Countering the Financing of Terrorism Act, 2020 (Act 5 of 2020);'; (iii) for the definition of “property”, the following definition shall be substituted — ' “property” shall have the same meaning assigned to it in section 2 of the Anti- Money Laundering and Countering the Financing of Terrorism Act, 2020 (Act 5 of 2020);'; (b) in section 4, after subsection (8), the following subsection shall be added — “(9) Where a restraint order, a forfeiture order or a pecuniary penalty order under the [14th December 2020] Supplement to Official Gazette 389 Anti-Money Laundering and Countering the Financing of Terrorism Act, 2020 (Act 5 of 2020), is made that relates to any property that is the subject of an interim order, or an interlocutory order, that is in force, the interim order or the interlocutory order shall — (a) if it relates only to that property, stand discharged; or (b) if it relates also to the other property, stand varied by the exclusion from it of that property.”; (c) in section 5, after subsection (6), the following subsection shall be added — “(6A) Where the Court in a disposal order has specified that the property be transferred to the Republic, the receiver appointed on behalf of the Republic may sell or otherwise dispose of the property transferred to the Republic under this section as the receiver in consultation with the Minister may decide, and any proceeds of such disposal and any moneys transferred to it under this section shall be paid into the Consolidated Fund.”; (d) by repealing sections 25 and 26. I certify that this is a correct copy of the Bill which was passed by the National Assembly on 1st December, 2020. Mrs. Tania Isaac Clerk to the National Assembly