| (a) |
The Centre may, by notice in the Gazette, issue a directive to all institutions to whom the provisions of this Act apply— |
| (i) |
regarding the application of this Act; or |
| (ii) |
which reasonably may be required to give effect to the Centre’s objectives contemplated in section 3. |
| (b) |
The Centre may issue a directive in terms of paragraph (a) only after consulting with supervisory bodies on that directive. |
[Section 43A(1) substituted by section 30(a) of the Financial Intelligence Centre Amendment Act, 2017 (Act No. 1 of 2017)]
| (2) |
The Centre or a supervisory body may, in writing, issue a directive to any category of accountable institutions or category of reporting institutions or other category of persons to whom the provisions of this Act apply— |
| (a) |
regarding the application of this Act; or |
| (b) |
which reasonably may be required to give effect to the Centre's objectives contemplated in section 3. |
[Section 43A(2) substituted by section 30(a) of the Financial Intelligence Centre Amendment Act, 2017 (Act No. 1 of 2017)]
| (3) |
The Centre or a supervisory body may in writing, over and above any directive contemplated in subsection (1) or (2), issue a directive to any accountable institution, category of accountable institutions, reporting institution, category of reporting institutions or other person to whom the provisions of this Act apply, to— |
| (a) |
provide the Centre or that supervisory body, as the case may be— |
| (i) |
with the information, reports or statistical returns specified in the notice, at the time or at the intervals specified in the notice; and |
| (ii) |
within the period specified in the notice, with any document in its possession or custody or under its control; |
| (b) |
cease or refrain from engaging in any act, omission or conduct in contravention of this Act: |
| (c) |
perform acts necessary to remedy an alleged non-compliance with this Act; or |
| (d) |
perform acts necessary to meet any obligation imposed by this Act. |
| (4) |
The Centre or supervisory body may examine a document submitted to it in terms of subsection (3)(a) or make a copy thereof or part thereof. |
| (5) |
The costs incurred in complying with a directive must be borne by the accountable institution, reporting institution or person concerned. |
| (a) |
The Centre, in respect of any accountable institution or category of accountable institutions regulated or supervised by a supervisory body in terms of this Act or any other law, may issue a directive in accordance with subsections (2) and (3) only— |
| (i) |
if a supervisory body failed to issue a directive despite any recommendation of the Centre made in terms of section 44(b); or |
| (ii) |
after consultation with the relevant supervisory body; and |
[Section 43A(6)(a) substituted by section 30(b) of the Financial Intelligence Centre Amendment Act, 2017 (Act No. 1 of 2017)]
| (b) |
A supervisory body may issue a directive in terms of this section only after consulting the Centre on that directive. |
(7) Before the Centre of supervisory body concerned issues a directive, it must—
(a) in the case of a directive in terms of—
| (i) |
subsection (1), in the in the Gazette, give notice where a draft of the directive will be available and invite submissions; |
| (ii) |
subsection (2), publish a draft of the directive by appropriate means of publication and invite submissions; and |
(b) consider submissions received.
[Section 43A(7) inserted by section 30(c) of the Financial Intelligence Centre Amendment Act, 2017 (Act No. 1 of 2017)]
[Section 43A inserted by section 14 of the Financial Intelligence Centre Amendment Act, 2008 (Act No. 11 of 2008)]
Special Investigating Units and Special Tribunals Act, 1996
