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Section 65

Effect of death on proceedings

of Anti-Money Laundering, Anti-Terrorism Financing, Anti-Restricted Activity Financing and Proceeeds of Unlawful Activities Act 2001

ActIn forceProvision 80 of 143
Section 65
(1)

Proceedings under section 64 shall be instituted or continued against the personal representatives of a deceased defendant or, if there are no personal representatives, such beneficiary of the estate of the deceased defendant as may be specified by the court upon the application of the Public Prosecutor.

(2)

Where the power conferred by this Act to make an order is to be exercised in relation to a deceased defendant, the order shall be made against the estate of the deceased defendant.

(3)

In this section, “deceased defendant” means a person who dies—

(a)

after an investigation into a serious offence has been commenced against him; and

(b)

before proceedings in respect of the offence have been instituted, or if such proceedings have been instituted, before he is convicted of the offence.

(4)

In this section, a reference to property or interest in property shall include a reference to income accruing from such property or interest.