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Organised Crime Act 2015 PART 7 — POWERS TO INVESTIGATE AND TO OBTAIN INFORMATION FROM COMPTROLLER OF INCOME TAX AND COMPTROLLER OF GOODS AND SERVICES TAX

s 40–s 41 · 2 sections

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Powers of law enforcement officers

s 40

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40.—(1) A law enforcement officer may investigate any offence under this Act which is disclosed in the course of investigating into any other offence under any other written law which charges the law enforcement officer with the duty of investigating that other offence. (2) A law enforcement officer may also investigate any offence under section 26, 39 or 73(12), or any offence under section 39 or 40(6) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 as applied by section 72. (3) If —(a) a law enforcement officer conducts an investigation into any offence under this Act pursuant to subsection (1); and (b) in the course of the investigation, no offence is disclosed under the other written law charging the law enforcement officer with the duty of investigating offences under the other written law, the law enforcement officer may continue to conduct the investigation into the offence under paragraph (a). (4) In investigating any offence (A) under this Act pursuant to subsection (1), (2) or (3), a law enforcement officer may exercise any power of investigation of an offence (B) under any provision of any other written law which charges the law enforcement officer with the duty of investigating offence (B), as if a reference in that provision to offence (B) were a reference to offence (A). (5) Any evidence obtained by a law enforcement officer during an investigation under this section may, subject to any written law relating to the admissibility of evidence, be admitted in any civil or criminal proceedings under this Act. (6) To avoid doubt, nothing in this section affects the power of investigation of a police officer under the Criminal Procedure Code 2010.

Power to obtain information from Comptroller of Income Tax and Comptroller of Goods and Services Tax

s 41

Open ↗

41.—(1) In the course of any investigation or proceedings into or relating to an offence punishable under this Act, the Public Prosecutor may, despite anything in any other written law to the contrary, by written notice require the Comptroller —(a) to furnish, as specified in the notice, all information available to the Comptroller relating to the affairs of that person or of the person’s parents, siblings, spouse, son or daughter; and (b) to produce or furnish, as specified in the notice, any document or a certified copy of any document relating to that person or the person’s parents, siblings, spouse, son or daughter which is in the possession or under the control of the Comptroller. (2) The Comptroller to whom a notice is sent by the Public Prosecutor under subsection (1) is, despite the provisions of any written law or any oath of secrecy to the contrary, legally bound to comply with the terms of that notice within the time specified in the notice. (3) In this section, “Comptroller” means —(a) the Comptroller of Income Tax, or any Deputy Comptroller or Assistant Comptroller of Income Tax appointed under section 3(1) of the Income Tax Act 1947; or (b) the Comptroller of Goods and Services Tax, or any Deputy Comptroller or Assistant Comptroller of Goods and Services Tax appointed under section 4(1) of the Goods and Services Tax Act 1993.[Act 5 of 2025 wef 09/03/2025]

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