Section 123
of Criminal Asset Recovery Order, 2012
Section 123
(1)
There is hereby established a fund called the Criminal Assets Confiscation
Fund, which subject to this section, shall be managed and controlled by the Permanent
Secretary.
(2)
The Minister, may authorise the payment into the Fund of such sum or sums as may be necessary to set up or maintain it, and any such payments shall be charged on and paid out of the Consolidated Fund.
(3)
All amounts –
(a)
contributed by the Government towards the establishment or maintenance of the Fund;
(b)
recovered under or in satisfaction of a forfeited cash under section 46, confiscation order under section 68, a payment order under section 74, benefit recovery order under section 75, non-conviction based forfeiture order under section 83 or unexplained wealth declaration under section 85; or
(c)
received under an assets-sharing agreement;
(d)
paid to Brunei Darussalam by a foreign country, under a treaty or arrangement or otherwise, for providing for mutual assistance in criminal matters; and
(e)
other than amounts referred to in paragraph (d), paid to Brunei
Darussalam by a foreign country in connection with assistance provided by Brunei
Darussalam in relation to the recovery by that country of the proceeds of unlawful activity or the investigation or prosecution of unlawful activity, shall be included in the monies which are paid into the Fund.
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
120
BLUV as at 11th March 2017
(4)
Monies paid into the Fund shall not form part of the Consolidated Fund.
(5)
Subject to subsection (6), monies in the Fund shall be applied by the Permanent
Secretary to –
(a)
compensate victims who have suffered losses as a result of serious offences;
(b)
satisfy a compensation order under this Order;
(c)
enable the appropriate law enforcement agencies to continue their fight against money laundering, serious offences or unlawful activity;
(d)
discharging the obligations of Brunei Darussalam under any assets-sharing agreement;
(e)
any matters that, in his opinion may assist in preventing, suppressing or otherwise dealing with criminal conduct and in dealing with criminal conduct;
(f)
meeting the expenses incurred by the Permanent Secretary in administering the Fund.
(6)
Before applying any measure under subsection (5), the Permanent Secretary shall consult the Public Prosecutor and such other persons as he may consider appropriate.
(7)
Monies paid into the Fund, which not applied for any of the purposes mentioned in subsection (5) may be –
(a)
held in the custody of the Permanent Secretary; or
(b)
placed in the name of the Fund, in a current or deposit account, with one or more banks approved by the Permanent Secretary, and any interest earned on such monies while held in such an account shall be credited to such account.
(8)
In this section, “Permanent Secretary” means the Permanent Secretary of the
Ministry of Finance.
Compensation.