Section 36
of Criminal Asset Recovery Order, 2012
Section 36
(1)
In this Part –
“authorised officer” means an immigration officer, officer of the Royal Customs and
Excise Department, police officer, officer of the Anti-Corruption Bureau, officer of the
Narcotics Control Bureau or such other person as the Authority may authorise;
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
45
BLUV as at 11th March 2017
“bearer negotiable instruments” means –
(a)
a traveller’s cheque; or
(b)
any negotiable instrument that is in bearer form, endorsed without any restriction, made out to a fictitious payee or otherwise in such form that title thereto passes upon delivery, and includes a negotiable instrument that has been signed but with the payee’s name omitted;
“business day” means a day other than a Saturday, Sunday or public holiday;
“cash” means physical currency or bearer negotiable instrument;
“commercial goods carrier” means a person who, in the normal course of a business, carries goods or mail for reward, and includes his employee;
“commercial passenger carrier” means a person who, in the normal course of business, carries passengers for reward, and includes his employee;
“eligible place” means any islet, landing place, wharf, dock or quay or premises of a provider of port services or facilities licensed or exempted under the Merchant Shipping
Order, 2002 (S 27/2002), Maritime and Port Authority of Brunei Darussalam Order,
2016 or the Civil Aviation Order, 2006 (S 63/2006);
[S 22/2017]
“embarkation location” means an immigration control post, place of embarkation, authorised airport, authorised point of departure or authorised departing place prescribed under section 5(2) of the Immigration Act (Chapter 17);
“physical currency” means the coin and printed money (whether of Brunei Darussalam or of a foreign country) that –
(a)
is designated as legal tender; and
(b)
circulates as, and is customarily used and accepted as, a medium of exchange in the country or territory of issue;
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
46
BLUV as at 11th March 2017
“printed money” means money comprising a note printed, written or otherwise made on polymer, paper or any other material;
“send” includes send through the post or by means of another person.
(2)
In determining whether an amount of foreign currency (including an amount in which a document is denominated) is equivalent to a Brunei Darussalam dollar amount under sections 35 to 47, the amount of foreign currency is to be translated to Brunei Darussalam currency at the exchange rate applicable at the relevant time.
(3)
For the purposes of sections 35 to 47 –
(a)
a person moves cash out of Brunei Darussalam if the person takes or sends the cash (whether in a receptacle or otherwise) out of Brunei Darussalam; and
(b)
a person moves cash into Brunei Darussalam if the person brings or sends the cash (whether in a receptacle or otherwise) into Brunei Darussalam.
Reports about cross border movements of cash.