Section 76, Terrorism Act, 2012

(1) Where a competent authority investigating anunlawful activity, a money laundering offence or a financing of terrorism offence has reasonable grounds to believe that any money or property relating to an unlawful activity, a money laundering offence or a financing of terrorism offence is held or is under the control of any person, the law enforcement agency may apply to a court in accordance with subsection (2) for a restraining order prohibiting the person from disposing of or otherwise dealing with that property except in the manner specified in the order. (2) An application under subsection (1) shall be made ex parte, and shall be in writing and be accompanied by an affidavit. (3) A court shall make an order under this section if it is satisfied that there are reasonable grounds for making the order. (4) The court may, in making an order under subsection (3), give directions as to- (a) the effective period of the order; (b) the proper administration of the money or property during the effective period of the order; (c) the disposal of that money or property for the purpose of determining any dispute as to the ownership of or other interest in the property, payment of debts incurred in good faith to creditors prior to the order, or payment of the costs of that person to defend criminal proceedings against him. (5) The proper administration under paragraph (b) of subsection (4) includes– (a) in the case of perishable or rapidly depreciating property, the power to sell that property including stocks and bonds; and (b) before the person restrained under subsections (1) and (2) disposes of any property referred to under this subsection, an application to a court for a disposal order. (6) In making an order under this section in respect of money or property held or under the control of a person, the court may make provision for the payment out of that money or property of the – (a) reasonable living expenses of the person in respect of whom the investigation is being made, including that of the person’s dependants; (b) reasonable expenses of that person in defending any criminal charge or any other proceedings under this Act. (7) Compliance with an order under this section shall not be treated as a breach of any restriction or obligation, imposed by any enactment by the person complying with the order. (8) An order under subsection (3) shall cease to have effect at the end of a period of six months following the hour the order was made if the person against whom the order was made has not been charged with an unlawful activity or a money laundering or financing of terrorism offence within the period. (9) The competent authority shall not be liable for any damages or costs arising directly or indirectly from the making of an order under subsection (3) unless it can be proved that the application for the order was not made in good faith. Restraint of property. 70 71