Section 45: Referrals to Commission
consolidated text (as at 2012, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
45. Referrals to Commission
(1) Notwithstanding sections 43 and 44, where in the exercise of his
functions—
(a) a Judge or Magistrate;
(b) the Ombudsman;
(c) the Director of Public Prosecutions;
(d) the Director of Audit; or
(e) the chief executive of a public body,
is of the opinion that an act of corruption may have occurred, he may refer
the matter to the Commission for investigation.
(2) Where in the course of a Police enquiry—
(a) it is suspected that an act of corruption or a money laundering
offence has been committed; and
(b) the Commissioner of Police is of the opinion that the matter
ought to be investigated by the Commission,
the Commissioner of Police may, notwithstanding the Financial Intelligence
and Anti-Money Laundering Act and subject to subsection (3), refer the matter to the Commission for investigation.
(3) The Commissioner of Police shall forthwith notify the FIU of the nature of the money laundering offence referred to in subsection (2) (a).
[S. 45 amended by s. 9 of Act 1 of 2006 w.e.f. 29 April 2006.]
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Questions this section answers
- Can a Judge, the Ombudsman or the Director of Public Prosecutions refer a suspected corruption case to ICAC?