Section 101
of Criminal Asset Recovery Order, 2012
Section 101
(1)
Notwithstanding any written law, or oath, undertaking or requirement of secrecy or confidentiality to the contrary, or an obligation under an agreement or arrangement, express or implied, to the contrary, an authorised officer may order, orally or in writing, any person whom he believes to be acquainted with the facts and circumstances of the case –
(a)
to attend before him for examination;
(b)
to produce before him any property, record, report or document; or
(c)
to furnish to him a statutory declaration or statement in writing setting out such information as he may require.
(2)
The person examined under subsection (1)(a) shall be legally bound to answer all questions relating to such case put to him by the authorised officer.
Incorporating amendments until S 22/2017
(Cleancopy) NHN/Amiriah/Bb/Karimah as of 26.12.2019
*Note: amendment on page 7,75,81,123 on 11.01.2020
101
BLUV as at 11th March 2017
(3)
A person making a statement under subsection (1)(c) shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to the questions of the authorised officer.
(4)
An authorised officer examining a person under subsection (2) shall first inform that person of the provisions of subsections (2) and (3).
(5)
A statement made orally by any person shall be reduced into writing and signed by the person making it or affixed with his thumb print –
(a)
after it has been read to him in the language in which he made it; and
(b)
after he has been given an opportunity to make any correction he may wish.
(6)
Any person who –
(a)
fails to appear before an authorised officer as required under subsection
(1)
;
(b)
refuses to answer any question put to him by an authorised officer under subsection (2); or
(c)
furnishes to an authorised officer any information or statement that is false or misleading in any material particular, is guilty of an offence and liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding one year or both, and, in the case of a continuing offence, to a further fine not exceeding $1,000 for each day during which the offence continues after conviction.
Special powers of investigation in relation to statutory declaration.