Section 41
of Criminal Asset Recovery Order, 2012
Section 41
(1)
An authorised officer may, with such assistance as is reasonable and necessary, examine any article or baggage which a person has with him if he –
(a)
is about to leave Brunei Darussalam;
(b)
is in an embarkation location for the purpose of leaving Brunei
Darussalam; or
(c)
arrives in Brunei Darussalam, for the purpose of finding out whether he has with him any cash in respect of which a report under section 37 is required or to determine the accuracy of the information contained in the report.
(2)
An authorised officer, may, with such assistance as is reasonable and necessary, search a person for the purpose of finding out whether he has with him any cash in respect of which a report under section 37 is required so long as –
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
50
BLUV as at 11th March 2017
(a)
he –
(i)
is about to leave Brunei Darussalam;
(ii)
is in an embarkation location for the purpose of leaving Brunei
Darussalam;
(iii)
has arrived in Brunei Darussalam; and
(b)
the officer has reasonable grounds to suspect that there is on him or in clothing being worn by him, cash in respect of which a report under section 37 is required;
(c)
the officer has reasonable grounds to suspect that there is on him cash which is intended by any person for use in unlawful activity and the amount of which is not less than the prescribed amount.
(d)
the officer has reasonable grounds to suspect that the person is carrying cash and has failed to declare the cash, the amount of which is not less than the prescribed amount in the prescribed form.
(3)
A person must not be searched under subsection (2) except by a person of the same gender with strict regard to decency.
(4)
An authorised officer and any person assisting the officer may board the motor vehicle, vessel or aircraft or enter any premises for the purpose of exercising the powers conferred by sections 40 and 41.
(5)
An authorised officer may, with such assistance as is reasonable and necessary –
(a)
board a motor vehicle, vessel or aircraft; and
(b)
examine or search that motor vehicle, vessel or aircraft, and any thing found on that motor vehicle, vessel or aircraft, for the purpose of ascertaining whether there is on board that motor vehicle, vessel or aircraft any cash in respect of which a report under section 37 is required or the officer has reasonable grounds to suspect that there is on him cash which is intended by any person for use in unlawful activity and the amount of which is not less than the prescribed amount or the officer has
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
51
BLUV as at 11th March 2017
reasonable grounds to suspect that the person is carrying cash and has failed to declare the cash, the amount of which is not less than the prescribed amount in the prescribed form.
(6)
Where an authorised officer has reasonable grounds to suspect that an offence against section 37 may have been committed or has reasonable grounds to suspect that there is on him cash which is intended by any person for use in unlawful activity and the amount of which is not less than the prescribed amount, he may, with such assistance as is reasonable and necessary –
(a)
enter any eligible place; and
(b)
search that place and anything found at or in it, for the purpose of ascertaining whether there is at or in the place, or in the thing, any cash in respect of which report under section 37 is required or the officer has reasonable grounds to suspect that there is on him cash which is intended by any person for use in unlawful activity and the amount of which is not less than the prescribed amount or the officer has reasonable grounds to suspect that the person is carrying cash and has failed to declare the cash, the amount of which is not less than the prescribed amount in the prescribed form.
Seizure of cash.