Section 30
of Criminal Conduct (Recovery of Proceeds) Order, 2000
Section 30
(1)
There is hereby established a fund called the Criminal Offences
Confiscations 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 confiscation order; or
{c)
received under an assets-sharing agreement,
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shall be included in the monies which are paid into the Fund.
(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-
{a}
in promoting or supporting measures that, in his opinion, may assist-
(i)
in preventing, suppressing ur otherwise dealing with criminal conduct;
(ii)
in dealing with the consequences of criminal conduct;
(iii)
without prejudice to the generality of paragraphs (i) and (ii), in facilitating the enforcement of any written law dealing with criminal conduct;
{b)
discharging the obligations of Brunei Darussalam under assets-sharing agreements; and
{c)
meeting the expenses incurred by the Permanent Secretary in administering the Fund.
(6)
Before promoting or supporting any measure under paragraph {a} of subsection (4), the Permanent Secretary shall consult the Attorney General and such other persons as he may consider appropriate.
(7)
Monies paid into the Fund, while 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 selected by the Permanent Secretary, and any interest earned on such monies while held in such an account shall be credited to such account.
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(8)
In this section-
"assets-sharing agreement" means an agreement entered into-
{a}
between Brunei Darussalam and any other country or territory;
or
(b)
between the Attorney General and the appropriate authority of a country or territory outside Brunei Darussalam, whereby arrangements are made for the sharing of the proceeds of criminal conduct that, as a result of mutual assistance, have been confiscated either in Brunei Darussalam or elsewhere;
"Fund" means the Criminal Offences Confiscations Fund established by subsection (1);
"Permanent Secretary" means the Permanent Secretary to the Ministry of
Finance.