Malaysia legislation
Section 45
of ANTI-MONEY LAUNDERING AND ANTI-TERRORISM FINANCING (AMENDMENT) ACT 2014
Section 45
Section 51 of the principal Act is amended—
(a)
by substituting for subsection (1) the following subsection:
“(1) Where the Public Prosecutor is satisfied on information given to him by an investigating officer that any immovable property is—
(a)
the subject-matter or evidence relating to the commission of an offence under subsection 4(1) or a terrorism financing offence;
(b)
terrorist property;
(c)
the proceeds of an unlawful activity; or
(d)
the instrumentalities of an offence, the Public Prosecutor may by order direct that such immovable property be seized by the investigating officer.”;
(b)
by inserting after subsection (1) the following subsection:
“(1a) Where any immovable property is seized under this Act, the seizure shall be effected—
(a)
by the issue of a Notice of Seizure by the Public
Prosecutor setting out in it the particulars of the immovable property which is seized in so far as such particulars are within his knowledge, and prohibiting all dealings in such immovable property;
(b)
by serving a copy of such Notice on the owner or person in possession, custody or control of the immovable property, if known;
(c)
by posting, where practicable, a copy of such Notice at a conspicuous place on the immovable property; and
(d)
by serving a copy of such Notice on the Land
Administrator or the Registrar of Titles, as the case may be, in Peninsular Malaysia, or on
Anti-Money Laundering and Anti-Terrorism
Financing (Amendment)
47
the Registrar of Titles or Collector of Land
Revenue, as the case may be, in Sabah, or on the Director of Lands and Surveys or the
Registrar responsible for land titles, as the case may be, in Sarawak, of the area in which the immovable property is situated.”;
(c)
in subsection (2), by substituting for the words “subsection
(1)
” the words “subsection (1a);
(d)
in subsection (5)—
(i)
by substituting for the word “twice” the words
“five times”;
(ii)
by substituting for the words “one million” the words “five million”;
(iii)
by substituting for the words “one year” the words
“seven years”; and
(iv)
by substituting for the words “to a further fine not exceeding one thousand ringgit for each day during which the offence continues after conviction” the words “shall in addition be liable to a fine not exceeding five thousand ringgit for each day or part thereof during which the offence continues to be committed”; and
(e)
in subsection (6)—
(i)
by substituting for the words “subsection (1)” the words “subsection (1a)”;
(ii)
by substituting for the word “twice” the words
“five times”;
(iii)
by substituting for the words “one million” the words “five million”;
(iv)
by substituting for the words “one year” the words
“seven years”; and
(v)
by substituting for the words “to a further fine not exceeding one thousand ringgit for each day during which the offence continues after conviction” the words “shall in addition be liable to a fine not exceeding five thousand ringgit for each day or part thereof during which the offence continues to be committed”.
Amendment of section 52