As enacted

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Prevention of Offences relating to Sports Act 2019 · As enacted · Part IV · Investigation and Prosecution of Offences

24. Powers of the Unit

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

For the purpose of conducting any investigation of an offence under this Act, the Unit shall have power to—

(a)

procure and receive all such evidence, written or oral, and to examine all such persons as the Unit may think necessary or desirable to procure, receive or examine;

(b)

require any person to attend before the Unit for the purposes of being examined by the Unit and to submit answers to questions raised by the Unit, relevant in the opinion of the Unit to the matters under investigation by way of an affidavit or, if necessary administer oath or affirmation in accordance with the Oaths or Affirmations

Ordinance (Chapter 17);

(c)

summon any person to produce any data, information, document or other thing in his possession or control;

(d)

require any service provider to produce any subscriber information or traffic data in the possession or control of such service provider;

(e)

direct by notice in writing the manager of any bank to produce, within such time as may be specified in the notice, any book, document or cheque of the bank containing entries relating to any account of—

(i)

any person in respect of whom an investigation of an offence under this Act is conducted;

(ii)

the spouse or any child of such person;

(iii)

a company of which such person is a director;

(iv)

a trust in which such person has a beneficial interest;

(v)

a firm of which such person is a partner, or to produce as specified in that notice, certified copies of such book, document, cheque or of any entry therein;

Prevention of Offences relating to Sports

(f)

notwithstanding the provisions relating to confidentiality of information contained in the

Inland Revenue Act, No. 24 of 2017, direct by notice in writing the Commissioner-General of

Inland Revenue to produce, as specified in the notice, all information available to such

Commissioner-General relating to the affairs of—

(i)

any person in respect of whom an investigation of an offence under this Act is conducted; or

(ii)

the spouse or any child of such person, and to produce, as specified in the notice, any document or a certified copy of any document relating to such person, spouse or child which is in the possession or under the control of such

Commissioner-General;

(g)

direct any person in respect of whom an investigation of an offence under this Act is conducted, to furnish an affidavit—

(i)

enumerating all movable or immovable property owned or possessed at any time, or at such time as may be specified by the Unit by such person, or the spouse or any child of such person and specifying the date on which each of the properties so set out was acquired, whether by way of purchase, gift, bequest, inheritance or otherwise; and

(ii)

containing particulars of such other matters which in the opinion of the Unit are relevant to the investigation;

(h)

direct any other person to furnish an affidavit—

(i)

enumerating all movable or immovable property owned or possessed at any time, or at such time as may be specified by the Unit, by such person, where the Unit has reasonable grounds to believe that such information can assist an investigation conducted by the Unit; and

(ii)

containing particulars of such other matters which in the opinion of the Unit are relevant to an investigation conducted by the Unit;

(i)

prohibit, under the authority of an Order issued in that behalf by a Magistrate, on application made for such purpose by the Unit—

(i)

any person in respect of whom an investigation of an offence under this Act is conducted;

(ii)

the spouse or any child of such person;

(iii)

any other person holding any property in trust for such first-mentioned person;

(iv)

a company of which such person is a director; or

(v)

a firm in which such person is a partner, from transferring the ownership of, or any interest in, any movable or immovable property specified in such Order, until such time the Order is revoked by the Court;

Prevention of Offences relating to Sports

(j)

require, under the authority of an Order issued in that behalf by a Magistrate, on application made for such purpose by the Unit—

(i)

the Controller of Immigration and

Emigration to impound the passport and other travel documents of any person in respect of whom an investigation of an offence under this Act is conducted, for such period not exceeding three months, as may be specified in such Order;

(ii)

any police officer as shall be specified in that Order, whether by name or by office, to take all such steps as may be necessary to prevent the departure from Sri Lanka of any person in respect of whom an investigation of an offence under this Act is conducted, for such period not exceeding three months, as may be specified in such Order; and

(k)

call or receive any data, information, document or evidence from any person, government or non-government institution or from any foreign agency.

Read on from s 25

Part V

General

Read on from Part V