Section 59A: Preservation of documents
This section is inserted by Act No 12 of 2023, section 6.
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.
59A. Preservation of documents
(1) Notwithstanding any other enactment, any party
to a notice under section 10(2) and 27(5) shall preserve any
bank statements, financial records, customer or beneficial
Acts 2023 185
ownership information, emails, telephone logs, receipts and
any other documents directly or indirectly relating to that
order until such time as the Enforcement Authority, after
consultation with the Commissioner of Police, gives written
notice that the documents no longer need to be preserved.
(2) (a) Notwithstanding any other enactment, the
Enforcement Authority may apply to the Judge in Chambers,
for a preservation order, to preserve any bank statements,
financial records, customer or beneficial ownership information,
emails, telephone logs, receipts and any other documents
directly or indirectly relating to an individual or legal entity
reasonably suspected of having committed an offence.
(b) Unless otherwise ordered by the Judge in
Chambers, a preservation order granted under paragraph (a)
shall remain valid and enforceable until the Enforcement
Authority gives written notice that the documents no longer
need to be preserved.
(c) A reference in this section to document
includes a copy of the document which is kept in electronic
form.
(b) by inserting, after section 62, the following new section –
Ask juris about this section Official source
Questions this section answers
- How long do I have to keep my bank records under a preservation notice?
- Can the Enforcement Authority ask a judge for an order to preserve my financial records?
- Does a preservation order on my documents ever expire on its own?