| (1) |
A High Court may, on ex parte application by the National Director to a judge in chambers, subject to such conditions and exceptions as may be specified in the order, make an order— |
| (a) |
prohibiting any person from engaging in any conduct, or dealing in any manner with any property owned or controlled by or on behalf of, or at the direction of, or otherwise associated with an entity referred to in subsection (2), and may include an order to freeze any such property; |
| (b) |
obliging any person to cease any conduct in respect of any property referred to in paragraph (a); or |
| (c) |
prohibiting any person from performing any act contemplated in section 4 for the benefit of, or on behalf of, or at the direction of, or under the control of, an entity referred to in subsection (2). |
| (2) |
An order referred to in subsection (1) may be made in respect of— |
| (a) |
any entity, where there are reasonable grounds to believe that the entity has committed, or attempted to commit, participated in or facilitated the commission of a specified offence; or |
| (b) |
a specific entity identified in a notice pursuant to a Resolution of the United Nations Security Council relating to the identification of entities— |
| (i) |
that has committed, or attempted to commit, any terrorist and related activity, or participates in or facilitates the commission of any terrorist and related activity; or |
| (ii) |
against which Member States of the United Nations must take the actions specified in the Resolution in order to combat or prevent terrorist and related activities, and that are announced in a notice referred to in section 26A(3) of the Financial Intelligence Centre Act. |
| (3) |
A High Court may make an interim order under subsection (1) pending its final determination of an application for such an order. |
| (4) |
A High Court making an order under subsection (1) may make any other ancillary orders that the court considers appropriate for the proper, fair and effective execution of the order, including— |
| (a) |
appointing a curator bonis, subject to the directions of that High Court, to do any one or more of the following on behalf of a person affected by that order: |
| (i) |
To assume control over the property; |
| (ii) |
to take care of the said property; |
| (iii) |
to administer the said property and to perform any act necessary for that purpose; |
| (iv) |
where the said property is a business or undertaking, to carry on, with due regard to any law which may be applicable, the business or undertaking; and |
| (v) |
to dispose of property if it is not economically viable to administer it or for any other reason it is not economically possible to assume control and take care thereof; |
| (b) |
ordering any person holding property, subject to an order referred to in subsection (1), to immediately surrender any such property into the custody of the curator bonis; and |
| (c) |
relating to the payment of the fees and expenditure of the curator bonis. |
| (5) |
The National Director must— |
| (a) |
by publication in a national newspaper and the Gazette, give notice that an order under subsection (1) has been made; and |
| (b) |
maintain on the website of the National Prosecuting Authority, a record of all orders made under subsection (1). |
| (6) |
No action, whether criminal or civil, lies against any person complying in good faith with an order made under subsection (1). |
[Section 23 substituted by the Protection of Constitutional Democracy against Terrorism and related activities Amendment Act, 2022, by section 17 of Notice No. 1533, G47803, dated 29 December 2022]
Older Persons Act, 2006
