In proceedings for an offence under this section, it is a defence to prove that the person did not know or have reasonable grounds to suspect that the disclosure was likely to prejudice a report made under subsection (1).

For the purposes of this section, a "person" includes a financial group.

The act of a lawyer, notary and other independent legal professional seeking to dissuade a client from engaging in an illegal activity's does not constitute the offence of tipping-off under this section.

A reporting institution that fails to comply with any of the requirements of sections 44, 45 and 46, or of any regulations, commits an offence.

In determining whether a person has complied with any requirement of the provisions referred to in subsection (1), the court shall have regard to all the circumstances of the case, including such custom and practice as may, from time to time, be current in the relevant trade, business, profession or employment, and may take account of any relevant guidance adopted or approved by a public authority exercising supervisory functions in relation to that person, or any other body that regulates or is representative of the trade, business, profession or employment carried on by that person.

A person intending to convey monetary instruments in excess of the amount prescribed in the Second Schedule to or from Kenya whether as a traveller or through mail or cargo shall, before so doing, report the particulars concerning that conveyance to a person authorised by the regulations for that purpose.

A person authorised to receive a report made in subsection (1) shall, without delay, send a copy of the report to the Centre.

A person who wilfully fails to report the conveyance of monetary instruments into or out of Kenya, or materially misrepresents the amount of monetary instruments reported in accordance with the requirements of subsection (1) commits an offence.

Any monetary instrument used in a suspected violation of subsection (3), or which an authorised officer has reasonable grounds to suspect is tainted property, may be temporarily seized by an authorised officer for as long as is necessary to obtain a court order under section 68 or 82, but not later than five days.

An authorised officer shall, upon discovery of a false declaration or disclosure of monetary instruments or a failure to declare or disclose them, enquire from the person in whose possession the monetary instruments are found the origin thereof and their intended use, and shall record the same in writing signed by the person in possession of the monetary instruments and countersigned by himself.

An authorised officer, other than Agency Director, shall immediately but not later than five days surrender monetary instruments seized under subsection (4) to the Agency Director in such manner as the Agency Director may direct.

If an authorised officer fails to obtain an order under section 68 or 82 against the temporarily seized monetary instruments within five days from the date of seizure pursuant to subsection (4), then, unless that period is otherwise extended by the Court, the monetary instruments shall be returned forthwith to the person from whom it was taken.

The information collected on natural persons under this section shall be dealt according to the data principles set out in the Data Protection Act, 2019.

A person who contravenes the provisions of section 12(3) is, on conviction, liable to a fine not exceeding fifty percent of the amount of the monetary instruments involved in the offence, or imprisonment for a term not exceeding five years, or to both.

Deleted by Act No. 51 of 2012.

Where any offence under this Part is committed by a body corporate with the consent or connivance of any director, manager, secretary or any other officer of the body corporate, or any person purporting to act in such capacity, that person, as well as the body corporate, shall be prosecuted in accordance with the provisions of this Act.

The provisions of this Act shall override any obligation as to secrecy or other restriction on disclosure of information imposed by any other law or otherwise.

No liability based on a breach of an obligation as to secrecy or any restriction on the disclosure of information, whether imposed by any law, the common law or any agreement, shall arise from a disclosure of any information in compliance with any obligation imposed by this Act.

Notwithstanding the provisions of section 17, nothing in this Act shall affect or be deemed to affect the relationship between an advocate and his client with regard to communication of privileged information between the advocate and the client.

The provisions of subsection (1) shall only apply in connection with the giving of advice to the client in the course and for purposes of the professional employment of the advocate or in connection and for the purpose of any legal proceedings on behalf of the client.

Notwithstanding any other law, a Judge of the High Court may, on application being made to him in relation to an investigation under this Act, order an advocate to disclose information available to him in respect of any transaction or dealing relating to the matter under investigation.

Nothing in subsection (3) shall require an advocate to comply with an order under that subsection to the extent that such compliance would be in breach of subsection (2).

Where any information relating to an offence under this Act is received by the Centre or an authorised officer, the information and the identity of the person giving the information shall be kept confidential.

The principal objective of the Centre is to assist in the identification of proceeds of crime and combating of money laundering, combating terrorism financing and combating of proliferation financing.

The Center may issue such instructions, directions, guidelines or rules to reporting institutions as it may consider necessary for the better carrying out of its functions under this Act or regarding the application of this Act.

The Center may, where it deems appropriate, delegate powers to a supervisory body to issue instructions, directions, guidelines or rules regarding the application of this Act to reporting institutions regulated or supervised by the supervisory body:

Provided that a supervisory body shall consult the Centre prior to issuing any instructions, directions, guidelines or rules under this section.

The Centre or a supervisory body may examine a document submitted to it in terms of subsection (4)(a) and may make a copy thereof or of part thereof.

Before imposing a monetary penalty on any person or reporting institution under this section, the Centre shall give not less than fourteen days notice in writing, requiring the person or reporting institution to show cause as to why the prescribed monetary penalty should not be imposed.

A monetary penalty imposed on a person under this section shall be a debt due to the Centre and shall, after it becomes due be recoverable at any time through proceedings in a court of competent jurisdiction.

Before taking administrative action imposed against any person or reporting institution under this section, the Centre shall give the person or reporting institution a written notice of not less than fourteen days requiring the person or institution to show cause as to why the prescribed administrative action should not be taken.

There shall be a Director-General of the Centre.

The Director-General shall be fit, competent and proper persons, recommended by the Board and approved by the National Assembly for appointment to their respective positions.

On approval of a person by the National Assembly under subsection (2), the Cabinet Secretary shall appoint that person to the office in respect of which the approval was given.

The provisions of subsection (3) shall apply to the renewal of an appointment under subsection (5)(a).

The Director-General may resign by a written resignation addressed to the Cabinet Secretary.

A resignation is effective upon being received by the Cabinet Secretary or by a person authorized by the Cabinet Secretary to receive it.

The Cabinet Secretary may, in consultation with the Board, suspend the Director-General from office pending determination of any inquiry as to whether grounds of misconduct, incapacity or incompetence exist.

The Director-General shall be the Chief Executive Officer of the Centre and shall be responsible for its direction and management.

The Director-General shall perform the functions of the office subject to the policy framework which may be prescribed by the Cabinet Secretary on the advice of the Board.

Subject to this Act, the Director-General may in writing, delegate any of his powers and duties under this Act to any other officer or officers of the Centre as the Director-General may determine.

A delegation made under subsection (1) may, at any time, be varied or cancelled by the Director-General.

The Cabinet Secretary may approve the general terms and conditions of service of the Centre.

The Centre shall determine its own staff establishment and may appoint other officers as are necessary for the proper discharge of its functions under this Act in

accordance with the approved general terms and conditions of service.

The Centre may engage the services of any person by agreement including any state department to perform any specific act or function.

Where an inspection is made under section 24(c), the reporting institution concerned and every officer and employee thereof shall produce and make available to the inspector all the books, accounts and other documents of the reporting institution and any correspondence, statements and information relating to the reporting institution, its business and the conduct thereof which the inspector may require within seven days or such longer time as the inspector may direct in writing.

Failure to produce books, accounts, records, documents, correspondence, statements, returns or other information within the period specified in the direction under subsection (1) shall constitute an offence under this Act.

The books of accounts and other documents required to be produced shall not, in the course of inspection, be removed from the premises of the reporting institution or other premises at which they are produced.

The inspector shall make copies of any books, accounts and other documents required for the purpose of the inspector’s report.

All information obtained in the course of the inspection shall be treated as confidential and used solely for the purposes of this Act.

An inspector shall submit a report to the Director-General, in which attention shall be made to any breach or non-observance of the requirement of this Act or any regulations made thereunder and any other matter revealed or discovered in the course of the inspection, warranting in the opinion of the inspector, remedial action or further action by the Director-General or the appropriate supervisory body.

A supervisory body or Self-regulatory body and its staff shall report to the Centre any suspicious transaction that the supervisory body or Self-regulatory body its staff may encounter during the normal course of their duties.

A person who as an employee of a supervisory body or Self-regulatory body deliberately or with intention to deceive does not make a report in accordance with this section commits an offence.

The Centre shall have the powers to regulate and supervise all reporting institutions, regarding the application of this Act.

Subject to subsection (1), each supervisory body or Self-regulatory body shall be responsible for supervising and enforcing compliance with this Act or any instruction, direction, guideline or rule made pursuant to or in terms of this Act by all reporting institutions regulated or supervised by it and to whom the provision of this Act apply.

The obligation referred to in subsection (2) shall form part of the legislative mandate of any supervisory body or Self-regulatory body and shall constitute a core function of that supervisory body or Self-regulatory body.

A supervisory body or Self-regulatory body shall, in carrying out its mandate under this Act, apply its regulatory and supervisory powers and obligations conferred to it under any written law for purposes of supervision and enforcement of the obligations to combat money laundering, terrorist financing and proliferation financing.

Any law which regulates a supervisory body or Self-regulatory authorises that supervisory body or Self-regulatory body to supervise or regulate any reporting institution to whom the provisions of this Act apply, shall take account of subsection (2), and a supervisory body or Self-regulatory body may utilise any fees or charges it is authorised to impose or collect to defray expenditure incurred in performing its obligations under this Act or any order, determination or directive made in terms of this Act.

A supervisory body or Self-regulatory body shall submit to the Centre, within such period and in such manner, as the Centre may prescribe, a written report on any action taken against any reporting institution in terms of this Act or any order, determination, directive, instruction, or rule made under this Act.

The Centre and each supervisory body or Self-regulatory body shall co-ordinate the exercising of their powers and performance of their functions under this Act to ensure consistent application of the Act, and may for such purpose; enter into a written memorandum of understanding in respect thereof.

Notwithstanding the provisions of subsection (1) or any other provision of this Act, the Centre may require a reporting institution to report on that institution's compliance with this Act or any order, determination, instruction, or direction in the manner and within such period as may be determined by the Centre.

A supervisory body may cooperate and coordinate with domestic and foreign counterparts for purposes of combating money laundering, terrorism financing or proliferation financing.

The Centre and supervisory bodies shall, in fulfilling their obligation to effectively monitor reporting institutions, use a risk-based approach.

The Centre or supervisory body shall review the assessment of the money laundering, terrorist financing and proliferation financing risk profile of a reporting institution or group, including the risks of non-compliance periodically, and when there are major events or developments in the management and operations of the reporting institution or group.

The Centre or the appropriate law enforcement agency, may apply to the High Court for a warrant to enter any premises belonging to or in the possession or control of a reporting institution or any officer or employee thereof, and to search the premises and remove any document, material or other thing therein for the purposes of the Centre, as ordered by the High Court and specified in the warrant.

A person who fails to comply with any obligation provided for under this Act, commits an offence.

The Centre may, upon application to the High Court, after satisfying the Court that a reporting institution has refused to comply with any obligation, request or requirements under this Act, obtain an order against all or any officers, employees or partners of the reporting institution in such terms as the High Court may deem necessary, in order to enforce compliance with such obligation.

In granting the order pursuant to subsection (2), the High Court may order that should the reporting institution fail, without reasonable excuse, to comply with all or any provisions of the order, may order that institution, its officers, employees or partners to pay a fine not exceeding five million shillings for an individual and a fine not exceeding twenty-five million shillings for a body corporate.

The sharing of information by the Centre shall be with adherence to the data principles set out in the Data Protection Act, 2019.

At least three months before the commencement of each financial year, the Centre shall cause to be prepared estimates of the revenue and expenditure of the Centre for that year.

The annual estimates shall be approved by the Board before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval and after the Cabinet Secretary’s approval, the Centre shall not increase the annual estimates without the consent of the Cabinet Secretary.

The Centre shall cause to be kept proper books of accounts and records of accounts of the income, expenditure, assets and liabilities of the Centre.

The accounts of the Centre shall be audited and reported upon in accordance with the Public Audit Act (No. 13 of 2003).

A reporting institution shall monitor on an ongoing basis all complex, unusual, suspicious, large or such other transactions as may be specified in the regulations, whether completed or not, and shall pay attention to all unusual patterns of transactions, and to insignificant but periodic patterns of transactions which have no apparent economic or lawful purpose as stipulated in the regulations.

Upon suspicion that any of the transactions or activities described in subsection (1) or any other transaction or activity could constitute or be related to money laundering, terrorism financing, proliferation financing or to the proceeds of crime, a reporting institution shall report the suspicious or unusual transaction or activity to the Centre in the specified manner within two days after the suspicion arose.

Notwithstanding subsections (1) and (2), a reporting institution shall report all suspicious transactions, including attempted transactions to the Centre.

Provided that lawyers, notaries and other independent legal professionals may submit reports under this subsection through the Law Society of Kenya which shall establish reporting channels to the Centre.

Lawyers, notaries and other independent legal professionals are not required to report suspicious transactions if the relevant information was obtained in circumstances where they are subject to professional secrecy or legal professional privilege.

The Law Society of Kenya and the Centre shall establish appropriate mechanisms to cooperate for exchange of information relating to suspicious transaction reporting and supervision.

A financial institution shall as far as possible examine the background and purpose of the transactions referred in subsections (1) and (2) and shall set out its findings in writing.

A reporting institution shall retain its findings under subsection (4) for at least seven years from the date of the making thereof, and shall make them available to the Centre, and to its supervisory body or auditors.

Despite the provisions of this section, a reporting institution shall file reports on all cash transactions equivalent to or exceeding the amount prescribed in the Fourth Schedule, whether they appear to be suspicious or not.

A report under subsections (2) and (3) shall be accompanied by copies of all documentation directly relevant to the suspicion and the grounds on which it is based.

When a person receives a request under subsection (8), that person shall furnish the Centre with the required particulars or further particulars and copies of documents to the extent that such particulars or documents are available to that person within a reasonable time, but in any case not later than thirty days from the date of the receipt of the request:

Provided that the Centre may, upon written application by the person responding to a request and with the approval of the Director-General, grant the person an extension of the time within which to respond.

A person who is a party to, or is acting on behalf of, a person who is engaged in a transaction in respect of which he forms a suspicion which, in his opinion, should be reported under subsections (2) or (3), may continue with and complete that transaction and shall ensure that all records relating to that transaction are kept, and that all reasonable steps are taken to discharge the obligation under this section.

For purposes of this section, the Centre shall specify the manner in which suspicious transaction, activity reports and cash transaction reports shall be filed.

For the purposes of calculating the period of five working days in subsection (1), Saturdays, Sundays and proclaimed public holidays shall not be taken into account.

A reporting institution shall undertake customer due diligence on the existing customers or clients on the basis of materiality and risk and taking into account whether the customer due diligence measures have previously been undertaken and the adequacy of data obtained.

The Cabinet Secretary may, by notice in the Gazette, list the countries to which subsection (5)(i) applies.

Nothing in this section shall require the production of any evidence of identity where there is a transaction or a series of transactions taking place in the course of a business relationship, in respect of which the applicant has already produced satisfactory evidence of identity.

A reporting institution shall ensure that its customer accounts are kept in the correct name of the account holder.

The records required under subsection (1) shall be kept by the reporting institution for a period of at least seven years or such longer period as the Centre may in writing require, from the date the relevant business or transaction was completed or following the termination of an account or business relationship, without prejudice to any other records required to be kept by or under any other written law, and shall be made available on a timely basis to competent authorities.

All reporting institutions to which this Act applies shall register with the Centre within such period and in such manner as the Centre may prescribe.

The registration of a reporting institution under sub section (1) shall be accompanied by such particulars as the Centre may require.

The Centre shall keep and maintain a register of every reporting institution registered in terms of this section.

A reporting institution shall notify the Centre, in writing, of any changes to the particulars furnished in terms of this section within 90 days of such change.

A reporting institution that fails to register with the Centre as required by sub section (1) commits an offence.

The members under paragraphs (b) to (i) may attend in person or through a designated representative.

A person appointed under subsection (1)(h) shall hold office for a term of three years but shall be eligible for re-appointment for one further term of not more than three years.

In deliberation of a matter, the Board may co-opt such other persons as appear to it to have special knowledge or experience in anti-money laundering.

The Centre shall provide administrative support and sufficient resources to the Board to enable it perform its functions effectively.

For the purposes of Parts VI to XII, a person will have benefited from an offence if that person has at any time, whether before or after the commencement of this Act, received or retained any proceeds of crime.

The Attorney-General shall upon recommendation by the Advisory Board appoint a fit, competent and proper person to be the Director of the Agency (hereinafter referred to as the "Agency Director").

The Agency Director shall hold office for a term of four years and shall be eligible for re-appointment for one further term of four years.

The Agency Director may, with the approval of the Attorney-General, obtain such number of staff on secondment and on terms and conditions of service as may be approved by the Attorney-General, and may make such arrangements for the provision of services, as he considers appropriate for or in connection with the exercise of his functions.

Despite the provisions of section 53, the agency may, for the proper discharge of its functions, appoint professional and technical staff and other staff, upon such terms and conditions as the Attorney General, in consultation with the Salaries Remuneration Commission and the Advisory Board, approve.

The staff referred to in subsection (1) may include deputy directors, assistant directors, forensic and financial investigators, asset managers and other staff as the Agency may determine.

The Agency shall, with the approval of the Cabinet Secretary for finance, establish a suitable social security scheme for the Agency Director and staff of the Agency.

For the purposes of their functions under the Act, the Agency Director, certified forensic and financial investigators, shall have all the powers, privileges and immunities of a police officer in addition to any other powers they may have under the Act.

Any public officer who is transferred or seconded to the Agency under section 53(4) shall be regarded as a member of staff of the Agency and subject to the control and direction of the Agency.

For purposes of carrying out their functions under this Act, the Agency’s Counsel shall have the same privileges as State Counsel under the Office of the Attorney General or the ministry or department for the time being dealing with matters related to justice, in addition to any other powers they may have under this Act.

The Agency may, with the approval of the Advisory Board, make regulations for the better management, administration and operations of the Agency.

The functions of the Agency shall be to implement the provisions of Parts VII to XII inclusive and to exercise all powers set forth therein.

Deleted by Act No. 15 of 2017, s. 60.

The Agency shall have all the powers necessary or expedient for the performance of its functions.

The National Assembly shall allocate adequate funds to the Agency to enable the Agency perform its functions under this Act and any other written law and the budget shall be a separate vote.

The Agency shall not accept any grant, gift, donation or bequests made on condition that the Agency performs any function or discharges any duty or obligation other than duties under the Constitution or this Act.

The Agency shall disclose any grants, gifts, donations or bequests made to it in each financial year.

The Agency Director shall, subject to the law, be charged with the responsibility of accounting for state monies received or paid out or on account of the Agency.

The receipts, earnings or accounts of the funding and balance of the funding at the close of each financial year, shall not be paid into the Consolidated Fund, but shall be retained for the purposes of the Agency.

The financial year of the Agency shall be the period of twelve months beginning first July and ending on the thirtieth June in each year.

The Agency shall within three months before the commencement of the financial year, prepare annual estimates of the expenditure of the Agency for that financial year.

The annual estimates shall make provisions for all estimated expenditure of the Agency for the financial year to which they relate, including of reserve fund to provide for contingency in the event of an unforeseen increase in expenditure and other emergencies not contemplated at the time of making the estimates.

The Advisory Board shall review the estimates forwarded under subsections (2) and (3) and may make such alterations thereto as it may consider necessary, and shall forward the same to the National Assembly for approval.

Upon approval of the estimates by the National Assembly, all monies from time to time required for the purposes of this Act shall be paid from the Consolidated Fund into the Agency's bank account.

The Agency shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the Agency.

The annual accounts of the Agency shall be prepared, audited and reported upon in accordance with the provisions of the Constitution and the Public Audit Act.

The Agency shall within four months after the end of each financial year, make a report on its activities and operations during the financial year, and submit the report to the Attorney-General.

The Attorney- General shall within fourteen days after receipt of the report from the Agency, submit the report to the President.

The common seal of the Agency shall be such device as may be determined by the Agency Director.

The common seal of the Agency shall be kept in such custody as the Agency Director shall direct and shall not be used except on the order of the Agency Director.

The common seal of the Agency when affixed to a document and duly authenticated shall be judicially and officially noticed and unless the contrary is proved, any necessary order or authorization of the Agency under this section shall be presumed to have been duly given.

The bodies under subsection (1) (h) to (j) shall each nominate and submit to the Cabinet Secretary two names of persons of either gender.

The Cabinet Secretary shall appoint three persons from among the persons nominated under subsection (2).

In appointing the members of the Advisory Board, under subsection (1) (h) to (j), the Cabinet Secretary shall take into account gender and regional balance.

A person appointed under subsection (1) (h) to (j) shall hold office for a period of three years and may be eligible for reappointment for one further term.

The Advisory Board may establish such committees as may be necessary for the better carrying out of its functions under this Act.

The Advisory Board may co-opt into any of its committees such other persons whose knowledge and skills are necessary for the better performance of its functions under this Act.

A person who has been co-opted into a committee of the Advisory Board may attend the meetings of the Advisory Board and participate in the deliberations thereof but shall not have a right to vote at the meetings.

The Cabinet Secretary shall, in Regulations, prescribe the manner of discharging the functions of the Advisory Board including the procedure at its meetings.

Notwithstanding the generality of subsection (1), the Advisory Board shall regulate its own procedure.

For the purposes of this Part, proceedings on application for a confiscation order or restraint order are civil.

The rules of evidence applicable in civil proceedings shall apply to proceedings on application for a confiscation order or a restraint order.

Property shall not be realizable property so long as a forfeiture order is in force in respect thereof.

For the purposes of this Part, a defendant shall be deemed to have made a gift if he has transferred any property to any other person directly or indirectly for a consideration which is significantly less than the value of the property.

For the purposes of subsection (2) the gift which a defendant is deemed to have made shall consist of that share in the property transferred by the defendant which is equal to the difference between the value of that property as a whole and the consideration received by the defendant in return.

If the judge or magistrate who convicted the defendant is absent or for any other reason not available, any judge or magistrate of the same court shall consider an application referred to in subsection (1) and hold the inquiry referred to in that subsection and that person may, in the proceedings, take such steps as the judge or magistrate who is absent or not available could lawfully have taken.

The amount ordered to be paid under a confiscation order shall be paid on the making of the order:

Provided that if the defendant indicates to the court that he needs time to pay the amount ordered to be paid, the court making the confiscation order may make an order allowing payment to be made in a specified period.

Subject to the provisions of subsection (2), the value of the defendant’s proceeds of crime shall be the sum of the value of the property, services, advantages, benefits or rewards received, retained or derived by him at any time after the commencement of this Act in connection with the offence committed by him or any other person.

A court shall not determine the amounts which might be realized as contemplated in subsection (1) unless it has afforded all persons holding any interest in the property concerned an opportunity to make representations to it in connection with the realization of that property.

The Agency Director may or, if so directed by the court, shall tender to the court an affidavit by the defendant or any other person in connection with any matter which is being inquired into by the court under section 61(1), or which relates to the determination of the value of a defendant’s proceeds of crime.

A copy of the affidavit referred to in subsection (1), shall be served on the defendant.

The defendant may dispute the correctness of any allegation contained in an affidavit referred to in subsection (1), and if the defendant does so, he shall state the grounds upon which he relies.

In so far as the defendant does not dispute the correctness of any allegation contained in the affidavit under subsection (1), that allegation shall be considered to be conclusive proof of the matter to which it relates.

A defendant may or, if so directed by the court, tender to the court an affidavit or affirmation in writing by him or another person in connection with any matter which relates to the determination of the amount which might be realized as contemplated in section 59(1).

A copy of the affidavit or affirmation tendered under subsection (5) shall be served on the Agency Director.

The Agency Director may admit the correctness of any allegation contained in an affidavit or affirmation tendered under subsection (5).

In so far as the Agency Director admits the correctness of any allegation contained in an affidavit or affirmation tendered under subsection (5), that allegation shall be considered to be conclusive proof of the matter to which it relates.

For the purpose of determining whether a defendant has derived a benefit in an inquiry under section 61(1), if it is found that the defendant did not, at the fixed date, have legitimate sources of income sufficient to justify the interests in any property that he holds, the court shall accept this fact as prima facie evidence that the interests form part of the benefit.

For the purposes of determining the value of a defendant’s proceeds of crime, in an inquiry under section 61(1) if the court finds that defendant has benefited from an offence and that the defendant held property at any time, or since, his conviction, the court shall accept these facts as prima facie evidence that the property was received by him at the earliest time at which he held it, as an advantage, payment, service or reward in connection with the offences or related criminal activities referred to in section 61(1).

If the court finds that the defendant has benefited from an offence and that expenditure had been incurred by him since the beginning of the period contemplated in subsection (3), the court shall accept these facts as prima facie evidence that the expenditure was met out of the advantages, payments, services or rewards, including any property received by him in connection with the offences or related criminal activities referred to in section 61(1) committed by him.

For the purpose of determining the value of any property in an inquiry under section 57(1), if the court finds that the defendant received property at any time as an advantage, payment, service or reward in connection with the offences or related criminal activities referred to in that subsection committed by the person or by any other person, the court shall accept this fact as prima facie evidence that that person received that property free of any other interest therein.

Whenever a defendant who has been convicted of an offence dies before a confiscation order is made, the court may, on an application by the Agency Director, inquire into any benefit he may have derived from that offence if the court is satisfied that there are reasonable grounds to believe that a confiscation order would have been made against him were it not for his death.

The administrator of the estate of the deceased may appear before the court and make representations for the purposes of any inquiry.

A court shall not exercise its powers under subsection (4)(a) or (c) unless it has afforded all persons having any interest in the property concerned an opportunity to make representations to it in connection with the making of the orders.

Sections 64 and 65 shall not apply to an inquiry under this section.

The Agency Director may apply to a court ex parte for an order prohibiting any person, subject to such conditions and exceptions as may be specified in the order, from dealing in any manner with any property to which the order relates.

A restraint order shall provide for the period of the notice to be given to persons affected by the order.

A court making a restraint order may also make further order in respect of the discovery or disclosure of any facts, including facts relating to any property over which the defendant may have effective control and the location of such property, as the court may consider necessary or expedient with a view to achieving the objects of the restraint order.

A court making a restraint order shall at the same time make an order authorising the seizure of all movable property concerned and any other ancillary orders that the court considers appropriate for the proper, fair and effective execution of the order.

Property seized under subsection (7) shall be dealt with in accordance with the directions of the court that made the relevant restraint order.

When a court orders the rescission of an order authorising the seizure of property in terms of subsection (9)(a) the court shall make such other orders as it considers appropriate for the proper, fair and effective execution of the restraint order concerned.

Where the court has made a restraint order under subsection (1)(b), that court shall rescind the restraint order if the relevant person is not charged within such period as the court may consider reasonable.

In order to prevent any realizable property from being disposed of or removed contrary to a restraint order, a police officer may seize that property if he has reasonable grounds to believe that the property will be so disposed of or removed.

Property seized under subsection (1) shall be dealt with in accordance with the directions of the court that made the relevant restraint order.

A person affected by an order in subsection (1) may at any time apply for rescission of the order.

A court shall not exercise its powers under subsection (2)(b) unless it has afforded all persons known to have any interest in the property concerned an opportunity to make representations to it in connection with the realization of that property.