Serious Fraud Office Act, 1993 Act 466 (Revised Edition)

ACT 466
Serious Fraud Office Act, 1993
ACT 466
SERIOUS FRAUD OFFICE ACT, 1993
ARRANGEMENT OF SECTIONS
Establishment
SECTION
1. Establishment of the Serious Fraud Office.
2. Divisions of the Office.
3. Functions of the Office.
Administration
4. Ministerial responsibility for the Office.
5. Governing body.
6. Functions of the Board.
7. Tenure of office.
8. Meetings of the Board.
9. Executive director and the deputy executive directors.
10. Other staff of the Office.
Exercise of Powers
11. Authorised officers to have powers of police.
12. Powers of investigation.
13. Requests for information.
14. Withdrawal from frozen bank account.
Miscellaneous
15. Application of existing enactment.
16. Delegation of power.
17. Offences and penalties.
18. Prosecution.
19. Relation with other state bodies.
20. Reward for information.
21. Annual report.
22. Expenditure of Office.
23. Regulations.
24. Dissolution of existing bodies and repeals.
25. interpretation.
Vn—1001 [Issue 1]

.
21. Annual report.
22. Expenditure of Office.
23. Regulations.
24. Dissolution of existing bodies and repeals.
25. interpretation.
Vn—1001 [Issue 1]

ACT 466
Serious Fraud Office Act, 1993
ACT 466
SERIOUS FRAUD OFFICE ACT, 1993'
AN ACT to establish a Serious Fraud Office as a specialised agency of the Government
to monitor, investigate and, on the authority of the Attorney-General, prosecute an
offence involving serious financial or economic loss to the Republic and to provide
for related matters. Establishment
1. Establishment of the Serious Fraud Office
(1) There is hereby established a Serious Fraud Office which is part of the Public
Services. (2) The Office consists of
(a) an executive director,
(b) deputy executive directors, and
(c) any other officers and staff appointed by the President for the Office. 2. Divisions of the Office
The Office shall have the divisions that the governing board established under section 5
may determine on the advice of the director. 3.

of the Office
The Office shall have the divisions that the governing board established under section 5
may determine on the advice of the director. 3.

Functions of the Office
(1) The functions of the Office are
(a) to investigate a suspected offence provided for by law which appears to the
director on reasonable grounds to involve serious financial or economic
loss to the Republic or to a state organisation or any other institution in
which the Republic has financial interest;
(b) to monitor the economic activities which the director consideis necessary with
a view to detecting criminal offences likely to cause financial or economic loss
to the Republic;
(c) to take any other reasonable measures that the director considers necessary
to prevent the commission of criminal offences which may cause financial
or economic loss to the Republic; and
(d) to co-operate with the international agencies which the director considers
appropriate for the performance of a function under the Act. (2) In the performance of its functions under subsection (1), the Office shall collect,
collate and disseminate information from Government agencies and any other public bodies. 1. This Act was assented to on 30th December, 1993. {Issue 1] VII —1002

disseminate information from Government agencies and any other public bodies. 1. This Act was assented to on 30th December, 1993. {Issue 1] VII —1002

ACT 466
Serious Fraud Office Act, 1993
Administration
4. Ministerial responsibility for the Office
The Attorney-General is responsible for the Office. 5. Governing body
(1) The governing body of the Office is a Board consisting of
(a) the chairman,
(b) the Attorney-General or a Chief State Attorney as the Attorney-General’s
representative,
(c) the Minister responsible for the Interior or the Minister’s representative,
(d) the Inspector-General of Police or a Commissioner of Police as the Inspector
General’s representative,
(c) the executive secretary of the Narcotic Control Board,
(f) one other person, and
(g) the director of the Office. (2) The members of the Board shall be appointed by the President in accordance with
article 70 of the Constitution. 6. Functions of the Board
The Board has the general control of the Office on matters of policy. 7. Tenure of office
A member of the Board shall hold office for a period of four years and is eligible for
re-appointment. 8. Meetings of the Board
(1) The Board shall meet at the times and places determined by the chairman.

f four years and is eligible for
re-appointment. 8. Meetings of the Board
(1) The Board shall meet at the times and places determined by the chairman.

(2) The Board may co-opt a person to attend a meeting but a person co-opted shall
not vote on a matter before the Board. (3) The quorum for a meeting of the Board is four. (4) Decisions of the Board at its meetings shall be that of the majority of the mem
bers present and voting and where there is an equality of votes the chairman shall have a
casting vote,
(5) The validity of the proceedings of the Board shall not be affected by a vacancy
among its members or by a defect in the appointment or qualification of a member. (6) Except as otherwise provided in this Act, the Board shall regulate the procedure
for its meetings. VII — 1003 [Issue 1]

qualification of a member. (6) Except as otherwise provided in this Act, the Board shall regulate the procedure
for its meetings. VII — 1003 [Issue 1]

ACT 466
Serious Fraud Office Act, 1993
9. Executive director and the deputy executive directors
(1) The President shall, in accordance with article 195 of the Constitution, appoint for
the Office a director and deputy directors. (2) The director and the deputies shall hold office on the terms and conditions deter
mined by the President in accordance with the advice of the Board given in consultation
with the Public Services Commission. (3) The director is the head of the Office and is responsible, subject to the general di
rections of the Board on matters of policy, for the overall operation and administration of
the affairs of the Office. (4) The deputy directors shall head the divisions of the Office. 10. Other staff of the Office
(1) The President may engage for the Office in accordance with article 195 of the
Constitution the officers, professionals, experts and consultants that are required for the
efficient performance of the functions of the Office. (2) The conditions of service of persons employed for the Office shall be determined
by the President in accordance with the advice of the Board given in consultation with the
Public Services Commission.

the Office shall be determined
by the President in accordance with the advice of the Board given in consultation with the
Public Services Commission.

(3) Other public officers may be seconded or transferred to the Office. (4) The President may in accordance with article 195 (2) of the Constitution delegate
the power of appointment. Exercise ofPowers
11. Authorised officers to have powers of police
The director, deputy directors and an officer of the Office authorised by the director
may exercise the powers and have the immunities conferred on a police officer under the
Criminal and Other Offences (Procedure) Act, 1960 (Act 30), the Police Service Act,
1970 (Act 350) and any other enactment relating to a police officer. 12. Powers of investigation
(1) The power to investigate a matter under section 3 shall be exercised by the direc
tor or an officer of the Office authorised by the director. (2) The director may conduct an investigation under section 3 in conjunction with the
police or any other person who in the opinion of the director is a proper person to be con
cerned in the investigation. [Issue 1] vn—1004

ion with the
police or any other person who in the opinion of the director is a proper person to be con
cerned in the investigation. [Issue 1] vn—1004

ACT 466
Serious Fraud Office Act, 1993
13. Requests for information
(1) The director or an officer acting under the director’s direction may by notice in
writing require a person or a representative of an organisation whose affairs are to be
investigated or any other person whom the director has reason to believe has information
relevant to the investigation, to appear before the director or the officer at a specified time
and place to answer questions or otherwise furnish information with respect to a matter
relevant to the investigation. (2) The director may by notice in writing require a person or an organisation under
investigation or any other person to produce at a specified time and place a specified
document which appears to the director to relate to a matter relevant to the investigation
or a document of a specified class which appear to the director to relate to the investigation. (3) The director may take copies of or extracts from a document or require the person
producing it to provide an explanation of the document.

igation. (3) The director may take copies of or extracts from a document or require the person
producing it to provide an explanation of the document.

(4) Where a document is not produced, the director may require the person who was
required to produce the document to give the best possible knowledge as to the location
of the document. (5) Where an officer of the Office has reasonable grounds for believing that
(a) a person has failed to comply with a request under this section to produce a
document, or
(b) it is not practicable to serve a notice under subsection (2) in relation to the
production of a document, or
(c) the service of a notice for the production of a document might seriously
prejudice the investigation,
the officer may apply to a Justice of the High Court by motion ex parte for the issue of a
warrant authorising a police officer to enter and search the premises on which a document
appearing to be a document of the description specified in the affidavit is suspected to be
held. (6) The application shall be supported by an affidavit verifying the facts on which the
application is based.

n the affidavit is suspected to be
held. (6) The application shall be supported by an affidavit verifying the facts on which the
application is based.

(7) For the purpose of entry and search, the police officer may use reasonable force to
effect the entry and search and may take possession of the document or take in relation to
those documents any other steps which appear necessary for preserving them and pre
venting interference with the documents. (8) Unless it is not practicable in the circumstances, a police officer executing a warrant
issued under subsection (5) shall be accompanied by an officer of the Office. (9) Before taking possession of documents as provided for under this section, the of
ficer shall prepare an inventory in duplicate listing the number and type of documents
being taken possession of and a copy of the list shall be given to the person or representa
tive of the organisation from whose custody the documents are taken. (10) The officer shall retain possession of the documents taken under this section for
so long only as may be necessary for the purposes of the investigation or trial. VII— 1005 [Issue 1]

ion of the documents taken under this section for
so long only as may be necessary for the purposes of the investigation or trial. VII— 1005 [Issue 1]

ACT 466
Serious Fraud Office Act, 1993
(11) Where the director is of the opinion that to facilitate investigations it is neces
sary to freeze the assets and bank account of a person or organisation being or about to be
investigated, the director may in writing direct the freezing of the assets and bank account
of that person or organisation. (12) The director shall, within seven days of the freezing of the assets and bank account
under this section, apply to the High Court for a confirmation of the freezing of the assets
and bank account. (13) Where the assets and bank account are frozen under this section, the person or
organisation affected shall be notified of the facts in writing within forty-eight hours of
the freezing of the assets and bank account. (14) The High Court to which the application is made under subsection (12) may
confirm the freezing of the assets and bank account for a period that the Court considers
fit or direct the unfreezing of the assets and bank account. (15) A person or an organisation being investigated under this Act has a right to the
services of a lawyer or any other person. 14.

and bank account. (15) A person or an organisation being investigated under this Act has a right to the
services of a lawyer or any other person. 14.

Withdrawal from frozen bank account
(1) A person or an organisation whose assets and bank account are frozen under sec
tion 13 may, with the consent of the director
(a) draw from the bank account the moneys approved by the director, or
(b) operate a business or an enterprise the subject matter of the freezing on the
terms and conditions determined by the director. (2) A person or an organisation whose assets are frozen under this Act may seek redress
from the High Court. Miscellaneous
15. Application of existing enactment
(1) A person or an organisation shall not be required to disclose information or pro
duce a document which that person or organisation is entitled to refuse to disclose or pro
duce under the Evidence Act, 19752 or under any other enactment.

a document which that person or organisation is entitled to refuse to disclose or pro
duce under the Evidence Act, 19752 or under any other enactment.

(2) A person or an organisation shall not be required to disclose information or pro
duce a document in respect of which that person or organisation owes an obligation of
confidence by virtue of carrying on a banking business unless
(o) the person to whom the organisation to which the obligation of confidence
is owed, consents to the disclosure or production, or
(b) a Justice of the High Court has on an application by the director, ordered
the disclosure or production. 2. N.R.C.D. 323. [Issue 1] VII — 1006

or
(b) a Justice of the High Court has on an application by the director, ordered
the disclosure or production. 2. N.R.C.D. 323. [Issue 1] VII — 1006

ACT 466
Serious Fraud Office Act, 1993
16. Delegation of power
(1) Without prejudice to the power of the director to assign functions to members of
the Office, the director may authorise a person employed in a public service as an inves
tigator or a police officer who is not an officer of the Office to exercise on the director’s
behalf all or any of the powers relating to investigations conferred by this Act, but that
authority shall not be granted except for the purpose of investigating the affairs, or an
aspect of the affairs of a person or organisation specified in the authority. (2) A person exercising a power under subsection (1) shall hold, and on request pro
duce, evidence of that person’s authority. 17. Offences and penalties
(1) A person who
(a) makes a statement which that person knows is false or misleading in a ma
terial particular, or
(b) recklessly makes a statement which is false or misleading in a material par
ticular,
commits an offence and is liable on conviction to a fine not exceeding five hundred pen
alty units or to a term of imprisonment not exceeding two years or to both the fine and the
imprisonment.

ion to a fine not exceeding five hundred pen
alty units or to a term of imprisonment not exceeding two years or to both the fine and the
imprisonment.

(2) Where a person
(a) knows or suspects that an investigation is being or is likely to be earned
out, and
(b) with intent to frustrate, prevent or obstruct the investigation falsifies, con
ceals, destroys or otherwise disposes of, or causes or permits the falsifica
tion, concealment, destruction or disposal of documents which that person
knows or suspects are or would be relevant to the investigation,
that person commits an offence, unless it is proved that there was no intention of falsify
ing, destroying or concealing the facts disclosed by the documents from persons carrying
out the investigation. (3) A person convicted of an offence under subsection (2) is liable to a fine not ex
ceeding one thousand penalty units or to a term of imprisonment not exceeding five years
or to both the fine and the imprisonment. 18. Prosecution
The director may where authorised by the Attorney-General in writing institute and
conduct criminal proceedings arising out of an investigation conducted by the Office. 19.

authorised by the Attorney-General in writing institute and
conduct criminal proceedings arising out of an investigation conducted by the Office. 19.

Relation with other state bodies
(1) An officer in a government department, an agency of the Government or any
other public body shall co-operate fully with officers of the Office in the performance of
functions under this Act. VII — 1007 [Issue 1]

nment or any
other public body shall co-operate fully with officers of the Office in the performance of
functions under this Act. VII — 1007 [Issue 1]

ACT 466
Serious Fraud Office Act, J993
(2) Where a public officer refuses or fails without reasonable cause to co-operate
with an authorised officer of the Office, the relevant authority shall take the appropriate
disciplinary action against that public officer. 20. Reward for information
Where an information to the Office has led to a financial or economic gain to the Re
public or to the prevention or detection of an economic or financial loss to the Republic
the person who supplied the information may be granted a reward determined by the At
torney-General in consultation with the director. 21. Annual report
(1) The director shall submit to the Attorney-General an annual report on the activi
ties and operations of the Office during the preceding year within three months after the
end of the year to which the report relates. (2) The Attorney-General shall within two months after the receipt of the annual re
port, submit the report to the President and to Parliament. 22. Expenditure of Office
(1) The director shall in each year submit to the Minister responsible for Finance
through the Attorney-General detailed estimates of the expenditure of the Office for the
ensuing year.

submit to the Minister responsible for Finance
through the Attorney-General detailed estimates of the expenditure of the Office for the
ensuing year.

(2) The emoluments and expenditure of the Office shall be met out of the funds ap
proved by Parliament. 23. Regulations
The Attorney-General may, by legislative instrument make Regulations for giving full
effect to this Act. 24. Dissolution of existing bodies and repeals
Spent.3
25. Interpretation
In this Act, unless the context otherwise requires,
“Board” means the governing body of the Office;
3. The section provided that,
“(1) The National Investigations Committee, the Office of Revenue Commissioners and the State Houses
(Allocation Policy and Implementation) Commission existing at the commencement of this Act are
hereby dissolved and accordingly the National Investigations Committee Law, 1982 (P.N.D.C.L. 2),
the Revenue Commissioners Law, 1984 (P.N.D.C.L. 80) and the State Houses (Allocation Policy and
Implementation) Commission Law, 1984 (P.N.D.C.L. 83) are hereby repealed. (2) All assets of the dissolved bodies shall be transferred to such public offices and departments as the
Minister may determine.

are hereby repealed. (2) All assets of the dissolved bodies shall be transferred to such public offices and departments as the
Minister may determine.

(3) Any person employed under any of the enactments repealed under subsection (1) of this section im
mediately before the coming into force of this Act who is qualified and suitable for appointment to
any office or position in the Office, may be so appointed on the recommendation of the Minister.”
[Issue 1] vn —1008

ACT 466
Serious Fraud Office Act, 1993
“director” means the executive director appointed under section 9;
“document” includes information recorded in any form and, in relation to infor
mation recorded otherwise than in legible form, references to the production include
references to producing a copy of the information in a legible form;
“High Court” includes a Regional Tribunal;
“Justice of the High Court” includes a chairman of a Regional Tribunal;
“Office” means the Serious Fraud Office established under section 1.
VII —1009 (Issue 1]