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Section 34: Application for Order

Asset Recovery Act · PART IV: CIVIL ASSET RECOVERY

consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

34. Application for Order (1) Where any property has come to the notice of the Enforcement Authority, or property is found by a law enforcement agent to be in the possession of any person, and the property is reasonably believed by the Enforcement Authority to be worth more than 500,000 rupees and to be proceeds, an instrumentality or terrorist property, the Enforcement Authority may, unless it would not be in the interests of justice, make an application to the Court for the grant of a Recovery Order in respect of the property. (2) The Enforcement Authority shall, within 14 days of an application under subsection (1), give notice to every person known to the Enforcement Authority to have an interest in the property subject to the application. (3) Any person referred to in subsection (2) or any other person claiming an interest in the property may appear at the hearing of an application under subsection (1)— (a) to oppose the making of the Order; or [Issue 3] A23A – 22 Revised Laws of Mauritius (b) to apply for an order— (i) excluding his interest in that property from the operation of the Order; or (ii) varying the operation of the Order in respect of that property; and (c) to adduce evidence at the hearing of the application.

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