73. Upon the completion of an investigation

Upon the completion of an investigation into suspected proceeds of crime, the Investigation Officer shall submit the notes of such investigation along with the copies of documents and records collected and a list containing a description of the material gathered in the course of such investigation to the Designated Officer. He shall also submit a report containing his findings.

Following a consideration of the documents, records, and material submitted and the report of the Investigation

If following the consideration of the available material the Designated Officer forms the view that the property in issue is not proceeds of crime, he shall if such property has not been frozen, make an application through the relevant

If following a consideration of material collected in the course of the investigation the Designated Officer on his own motion or having obtained the advice of the Attorney-General forms the opinion that a property in respect of which a restraint order has been issued or a seizure made shall be released as no sufficient grounds exist that such property is proceeds of crime or the property is of the corresponding value of such proceeds of crime, he shall for reasons to be recorded and conveyed to the Investigation Officer, direct the Investigation Officer to forthwith take necessary action to vacate such order.

The Investigation Officer shall, having complied with the said directive, report such fact to the relevant

Nothing in this section shall preclude the Attorney-General from instituting legal action in terms of this Act for the forfeiture of the relevant property under post-conviction forfeiture or non-conviction based forfeiture of proceeds of crime:

If an Investigation Officer, upon the conduct of further investigations, forms the opinion that the released property is proceeds of crime, he may within one year of the previous release of the property, with the prior approval of the

An order for the issuance of restraining and seizure of the property in terms of this provision, shall be made by the High Court following inquiry, or ex-parte if it is satisfied that the notice to the affected party has been duly served.

No order for the restraint or seizure of property shall be made by the High Court unless in the view of the court there exists reasonable grounds to believe that the property in question is proceeds of crime.