Criminal Assets Bureau Act 1996

Functions of Bureau.

5

5. (1) Without prejudice to the generality of section 4 , the functions of the Bureau, operating through its bureau officers, shall be the taking of all necessary actions—

( a) in accordance with Garda functions, for the purposes of, the confiscation, restraint of use, freezing, preservation or seizure of assets identified as deriving, or suspected to derive, directly or indirectly, from F4 [ criminal conduct ],

( b) under the Revenue Acts or any provision of any other enactment, whether passed before or after the passing of this Act, which relates to revenue, to ensure that the proceeds of F4 [ criminal conduct ] or suspected F4 [ criminal conduct ] are subjected to tax and that the Revenue Acts, where appropriate, are fully applied in relation to such proceeds or activities, as the case may be,

( c) under the Social Welfare Acts for the investigation and determination, as appropriate, of any claim for or in respect of benefit (within the meaning of section 204 of the Social Welfare (Consolidation) Act, 1993) by any person engaged in F4 [ criminal conduct ], and

( d) at the request of the Minister for Social Welfare, to investigate and determine, as appropriate, any claim for or in respect of a benefit, within the meaning of section 204 of the Social Welfare (Consolidation) Act, 1993, where the Minister for Social Welfare certifies that there are reasonable grounds for believing that, in the case of a particular investigation, officers of the Minister for Social Welfare may be subject to threats or other forms of intimidation,

and such actions include, where appropriate, subject to any international agreement, cooperation with any police force, or any authority, being F5 [ an authority with functions related to the recovery of proceeds of crime, ] a tax authority or social security authority, of a territory or state other than the State.

(2) In relation to the matters referred to in subsection (1), nothing in this Act shall be construed as affecting or restricting in any way—

( a) the powers or duties of the Garda Síochána, the Revenue Commissioners or the Minister for Social Welfare, or

( b) the functions of the Attorney General, the Director of Public Prosecutions or the Chief State Solicitor.

Annotations:

Amendments:

F4

Substituted (12.02.2005) by Proceeds of Crime (Amendment) Act 2005 (1/2005), s. 15(a), commenced on enactment.

F5

Inserted (12.02.2005) by Proceeds of Crime (Amendment) Act 2005 (1/2005), s. 15(b), commenced on enactment.