Anti-Money Laundering and Anti-Terrorism Financing (Amendment) Act 2014 · s 53

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53.
Substitution of section 59
The principal Act is amended by substituting for section 59
the following section:
59.
“Pecuniary orders
(1)  For the purpose of proceedings under section 55 or 56, the court shall issue a pecuniary penalty order against a person from whom property is forfeited in respect of benefits derived by the person from—
(a)	 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.
(2)	 The court may, if it considers appropriate, assess the value of the benefits so derived and order that person to pay to the Federal Government a pecuniary penalty equivalent to that amount.
(3)	 Where a forfeiture order has been made under section 55
or 56 against any property which 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,

Anti-Money Laundering and Anti-Terrorism
Financing (Amendment)
55
the pecuniary penalty to be paid under subsection (2) shall be reduced by an amount equivalent to the value of the property as at the time of the making of the order under subsection (2) and any such penalty shall be recoverable as a civil debt due to the Government of Malaysia and shall not be subject to any period of limitation prescribed by any written law.
(4)	 In determining whether the benefit is derived from—
(a)	 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 apply the standard of proof required in civil proceedings.”.

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s 53Substitution of section 59

The principal Act is amended by substituting for section 59

the following section:

s 59“Pecuniary orders

(1)

For the purpose of proceedings under section 55 or 56, the court shall issue a pecuniary penalty order against a person from whom property is forfeited in respect of benefits derived by the person from—

(a)

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.

(2)

The court may, if it considers appropriate, assess the value of the benefits so derived and order that person to pay to the Federal Government a pecuniary penalty equivalent to that amount.

(3)

Where a forfeiture order has been made under section 55

or 56 against any property which 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,

Anti-Money Laundering and Anti-Terrorism

Financing (Amendment)

the pecuniary penalty to be paid under subsection (2) shall be reduced by an amount equivalent to the value of the property as at the time of the making of the order under subsection (2) and any such penalty shall be recoverable as a civil debt due to the Government of Malaysia and shall not be subject to any period of limitation prescribed by any written law.

(4)

In determining whether the benefit is derived from—

(a)

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 apply the standard of proof required in civil proceedings.”.