Section 90: Savings and transitional provisions
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.
90. Savings and transitional provisions
(1) Notwithstanding section 89, any judicial proceedings to which the
Economic Crime Office or its Director, or the Revenue Authority or its Director-General by virtue of the Economic Crime and Anti-Money Laundering
(Temporary Provisions) Act, was a party shall continue as if the Commission
established under this Act, or the Director-General referred to under section 19, were a party to the proceedings.
(2) The Commissioner of Police may—
(a) commence any investigation, swear any information or conduct
any prosecution in respect of an offence committed or alleged to
be committed against an enactment repealed by section 89 of
this Act as if this Act had not come into operation;
(b) continue or do any act, thing or investigation commenced by him
and which was pending before the coming into operation of this
Act.
(3) Subject to subsection (4), the Commission shall take over and continue any investigation commenced under the Economic Crime and AntiMoney Laundering Act or commenced or taken over, pursuant to the Economic Crime and Anti-Money Laundering (Temporary Provisions) Act, and
any prosecution in respect of any Act, or allegation, so investigated may be
instituted under an enactment repealed by section 89 of this Act as if this
Act had not come into operation.
(4) No investigation in respect of a money laundering offence shall be
proceeded with under this section, unless the prior approval of the FIU is
obtained.
(5) The Court shall, in respect of any proceedings instituted following any
investigation under subsections (2) and (3), have all the powers that it could
exercise pursuant to the enactments repealed by section 89.
91. —
[Issue 1] P24 – 40
Revised Laws of Mauritius
FIRST SCHEDULE
[Section 25]
I, .................................................., of.............................. make oath/solemn
affirmation as a ............................................ and declare that—
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Questions this section answers
- Do investigations started before ICAC was created continue under this Act?