Anti-Money Laundering and Anti-Terrorism Financing (Amendment) Act 2014 · s 48

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48.
Substitution of section 53
The principal Act is amended by substituting for section 53
the following section:
53.
“Prohibition of dealing with property outside Malaysia
(1)  Where the Public Prosecutor is satisfied that any 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, and such property is held or deposited outside Malaysia, he may make an application supported by an affidavit to a judge of the High Court for an order prohibiting the person by whom the property is held or with whom it is deposited from dealing with the property.
(2)  Upon being satisfied that such 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 Court shall make an order prohibiting the person by whom the property is held or with whom it is deposited from dealing with the property.
(3)	 An order made under subsection (2) shall cease to have effect after the expiration of twelve months from the date the order was made if the person against whom the order was made has not been charged with an offence under this Act.”.

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s 48Substitution of section 53

The principal Act is amended by substituting for section 53

the following section:

s 53“Prohibition of dealing with property outside Malaysia

(1)

Where the Public Prosecutor is satisfied that any 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, and such property is held or deposited outside Malaysia, he may make an application supported by an affidavit to a judge of the High Court for an order prohibiting the person by whom the property is held or with whom it is deposited from dealing with the property.

(2)

Upon being satisfied that such 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 Court shall make an order prohibiting the person by whom the property is held or with whom it is deposited from dealing with the property.

(3)

An order made under subsection (2) shall cease to have effect after the expiration of twelve months from the date the order was made if the person against whom the order was made has not been charged with an offence under this Act.”.