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As enacted
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Part XI · Miscellaneous Provisions

146. Regulations

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

(1)

The Minister may make regulations under this

Act in respect of all matters which are required by this Act to be prescribed or in respect of which regulations are required or authorized to be made under this Act.

(2)

In particular and without prejudice to the generality of the powers conferred by subsection (1), the Minister shall on the recommendation of the Designated Officers who shall make such recommendations jointly and the Authority, and on the advice of the Attorney-General be empowered to make Regulations which shall take the form of Standard

Operating Protocols pertaining to –

(a)

the manner in which investigations into suspected proceeds of crime may be conducted;

(b)

procedure to be following in issuing restraining orders and the format of a restraining order;

(c)

the manner in which a seizure shall be carried out and the format of the notice of seizure;

(d)

the conduct of pre-restraining and pre-seizure planning;

(e)

the protection, preservation and management of proceeds of crime;

(f)

the manner in which provisions of the Mutual

Assistance in Criminal Matters Act may be invoked and the manner in which assistance to investigations from foreign administrative authorities may be obtained;

(g)

the manner in which a request from a foreign competent authority for assistance in the conduct of investigations into suspected proceeds of crime shall be carried out;

(h)

the manner in which a request for forfeiture of proceeds of crime located in Sri Lanka pertaining to an unlawful activity committed in a foreign country shall be processed and given effect to;

(i)

the manner in which a request for the assistance for investigations to be conducted in a foreign country shall be made;

(j)

disposal of perishable and hazardous proceeds of crime;

(k)

the procedure by which the court shall obtain valuation of property and determine the value of such property; and

(l)

the procedure by which the auctioning of proceeds of crime shall be carried out.

(3)

Upon a Standard Operating Protocol being promulgated as a Regulation, such protocol shall have the force of law.

(4)

Every regulation made by the Minister shall be published in the Gazette and shall come into operation on the date of publication, or on such later date as may be specified therein.

(5)

(a)

Every regulation made by the Minister shall, within three months after its publication in the Gazette, be brought before Parliament for approval.

(b)

Any regulation which is not so approved shall be deemed to be rescinded as from the date of such disapproval, but without prejudice to anything previously done thereunder.

(6)

Notification of the date on which any regulation made by the Minister is deemed to be so rescinded shall be published in the Gazette.