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Cap. 621 · Proceeds Of Crime Act (Cap. 621)

Cap. 621 Art. 16Right of the Bureau to acquire information.

PART II

In forceOfficial text

(1) In the exercise of his functions under this Act, the

Director and any member of the Directorate staff, authorised by him, shall have power to seek from any person or authority any information with regard to any person or with regard to any matter, and the person in possession of such information shall notwithstanding the provision of any law to the contrary be obliged to give the Director or any such member all information so requested:

Provided that:

(a) no advocate or legal procurator may be compelled to disclose information derived from the professional confidence which the parties themselves shall have placed in their assistance and, or, advice;

(b) no clergyman may be questioned on any matter or circumstance that may have come to his knowledge under the seal of confession or loco confessionis:

Provided further that where any person or authority has acquired information from any person or authority in any State other than Malta through the operation of any treaty or arrangement with such other State to which Malta is a party, and such treaty or arrangement provides that any information passed through the operation of such treaty or arrangement may not be divulged to any other person except with the consent of the person passing the information requested, the person from whom the information is requested may withhold the information if such consent is not given.

(2) The information referred to under sub-article (1) hereof shall be provided within not more than thirty (30) days of receipt of the request:

Provided that upon good cause being shown to the Director, such period may be extended by the Director for such further period or periods as the Director may deem reasonable.