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Section 47: Power to require production or disclosure

Asset Recovery Act · PART V: ANCILLARY ORDERS AND POWERS

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.

47. Power to require production or disclosure (1) The Enforcement Authority may, by written notice, require any person to produce or disclose any information or material, other than privileged material or customer information, where there is reasonable ground for suspecting that— (a) any property in the possession or under the control of a person is proceeds, an instrumentality or terrorist property or the person has derived a benefit from any unlawful activity; (b) the person is in possession of the material which is required to be produced or disclosed; (c) the material is likely to be of substantial value to an application or an Investigation; and (d) it is in the public interest that the material be produced or disclosed. (2) Where any material consists of information contained in a computer, the notice may require the person to produce or disclose it in a form in which it is accessible or can be taken away. (3) Where any material is in the possession of a Ministry or Government department, the notice may require a public officer to comply with it. (4) The notice may require the person to— (a) answer questions at such time and place as may be specified; (b) provide information or produce material at such time and in such manner as may be specified; or [Issue 5] A23A – 30 Revised Laws of Mauritius (c) permit the Enforcement Authority to have access to any document, register, record or electronic data containing the required information. [S. 47 repealed and replaced by s. 20 of Act 24 of 2012 w.e.f. 10 November 2012.]

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