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Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001)

Chapter 1 : Financial Intelligence Centre

5. General powers

 

(1) The Centre may do all that is necessary or expedient to perform its functions effectively, which includes the power to—
(a) determine its own staff establishment and the terms and conditions of employment for its staff within a policy framework determined by the Minister;
(b) appoint employees and seconded personnel to posts on its staff establishment;
(c) obtain the services of any person by agreement, including any state department, functionary or institution, to perform any specific act or function;
(d) acquire or dispose of any right in or to property, but rights in respect of immovable property may be acquired or disposed of only with the consent of the Minister;
(e) open and operate its own bank accounts, subject to the Public Finance Management Act, 1999 (Act No. 1 of 1999);
(f) insure itself against any loss, damage, risk or liability;
(g) perform legal acts or institute or defend any legal action in its own name;
(h) engage in any lawful activity, whether alone or together with any other organisation in the Republic or elsewhere, aimed at promoting its objectives;
(hA) enter into public private partnerships for the purposes of achieving any of the objectives of the Centre in section 3;

[Section 5(1)(hA) inserted by section 21(a) of the General Laws (Anti-Money Laundering & Combating Terrorism Financing) Amendment Act, 2022 (Act No. 22 of 2022) Notice No. 1532, GG47802, dated 29 December 2022 - effective 31 December 2022 per Proclamation Notice 109 (a), GG47805, dated 31 December 2022]

(i) do anything that is incidental to the exercise of any of its powers.

 

(2) The Centre may, for the purposes of this Act and to perform its functions effectively—
(a) request information from any organ of state;
(b) request access to any database held by any organ of state; or
(c) have access to information contained in a register that is kept by an organ of state in the execution of a statutory function of that organ of state.

[Section 5(2) inserted by section 21(b) of the General Laws (Anti-Money Laundering & Combating Terrorism Financing) Amendment Act, 2022 (Act No. 22 of 2022) Notice No. 1532, GG47802, dated 29 December 2022 - effective 31 December 2022 per Proclamation Notice 109 (a), GG47805, dated 31 December 2022]