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Counter Terrorism Transnational Organised Crime (Amendment) Act 2012

REPUBLIC OF VANUATU
COUNTER TERRORISM TRANSNATIONAL ORGANISED CRIME (AMENDMENT) ACT NO. 9 OF 2012

Arrangement of Sections
1 Amendment
2 Commencement

REPUBLIC OF VANUATU

Assent: 30/05/2012
Commencement: 25/06/2012

COUNTER TERRORISM TRANSNATIONAL ORGANISED CRIME (AMENDMENT) ACT NO. 9 OF 2012

An Act to amend the Counter Terrorism and Transnational Organised Crime Act [CAP 313].

Be it enacted by the President and Parliament as follows-

1. Amendment
   

The Counter Terrorism and Transnational Organised Crime Act [CAP 313] is amended as set out in the Schedule.

2. Commencement
   

This Act commences on the day on which it is published in the Gazette.

SCHEDULE
AMENDMENTS OF THE COUNTER TERRORISM AND TRANSNATIONAL ORGANISED CRIME ACT [CAP 313]

1 Section 2 (definition of “counter terrorism convention” and “terrorist act”)

(a) Repeal the definitions.

(b) Insert in its correct alphabetical position:

““transnational criminal activity” means an offence that is committed in:

(a) more than one State; or

(b) a State but a substantial part of its preparation, planning, direction or control takes place in another State; or

(c) a State but involves an organised criminal group that engages in criminal activities in more than one State; or

(d) a State but has substantial effects in another State;”

2. Subsections 2 (2), (3) and (4)
   

Repeal the subsections.

3. Section 3
   

Repeal the section, substitute

“3. Definition of terrorist act

(1) For the purposes of this Act, a “terrorist act” means an act or omission that:

(a) qualifies to be an offence committed under this Act; or

(b) is committed in or outside Vanuatu that:

(i) causes death or serious bodily harm to a person; or

(ii) causes serious damage to property; or

(iii) endangers a person’s life; or

(iv) causes a serious risk to the health or safety of the public or part of the public; or

(v) involves the use of weapons; or

(vi) involves introducing into the environment and distributing or exposing the public to:

(A) dangerous, hazardous, radioactive or harmful substances; or

(B) toxic chemicals; or

(C) microbial or other biological agent or toxic; or

(vii) involves serious disruption to a system of normal operations or services relating to infrastructures; and

(c) which must be intended or by its nature and context, can reasonably be regarded as being intended:

(i) to intimidate the public or a part of the public; or

(ii) to compel a government or an international organisation to do or refrain from doing an act.

(2) An act or omission mentioned in subsection (1) does not include an act or omission occurring in a situation of armed conflict in accordance with the applicable rules of International Laws.”

4 Section 4

Repeal the section, substitute

“4 Specified entities

(1) The Minister may, on the advice of the Attorney General, make regulations prescribing a person or group as a specified entity if the person or group:

(a) has threatened or committed or attempts to commit or participate in committing or facilitating the commission of a terrorist act; or

(b) is acting or has knowingly acted on behalf of or at the direction of or in association with a person or group referred to in paragraph (a).

(2) A person or group that has been designated by the Security Council of the United Nations, acting under Resolutions of the Security Council relating to terrorism, to be a person or entity associated with the Taliban or an Al Qaida terrorist groups, is deemed to have been prescribed by the Minister as a specified entity under subsection (1).

4A. Revocation of prescription

The Minister may, on the advice of the Attorney General, by Order revoke a specified entity prescribed under section 4 if:

(a) the person or group requests the Minister to do so and the Minister is satisfied on reasonable grounds that the revocation is necessary ; and

(b) that person or group has not been listed by the Security Council of the United Nations acting under resolutions relating to terrorism.

4B. Judicial Review

(1) Any person or group that has been prescribed as a specified entity under section 4 may apply to the Supreme Court for Judicial Review.

(2) Any person or group that has been prescribed as a specified entity under subsection 4 (2) may waive subsection (1) provided:

(a) the Minister on reasonable grounds believe that the person or group that has been prescribed has been listed by the Security Council of the United Nations acting under resolutions relating to terrorism.”

5. Section 6
   

Repeal the section, substitute

“ 6. Terrorist Financing

(1) A person must not provide or collect, by any means, directly or indirectly, any property intending, knowing or having reasonable grounds to believe that the property will:

(a) be used in full or part to carry out a terrorist act; or

(b) benefit a terrorist group.

(2) In any prosecution for an offence under this section, any knowledge, intent or purpose required as an element of the offence may be inferred from objective factual circumstances.

(3) Any person who contravenes subsections (1) or (2) is guilty of an offence and is punishable on conviction by a term of imprisonment of not more than 25 years or a fine of not more than VT 125 million, or both.”

6. Subsection 8 (3)
   

Repeal the subsection, substitute

“(3) A person must not provide or collect, by any means, directly or indirectly, any property intending, knowing or having reasonable grounds to believe that it will benefit a terrorist group.

7 After subsection 8(3)

Add

(4) If a person contravenes subsection (1) or subsection (3), the person is guilty of an offence punishable on conviction by a term of imprisonment of not more than 20 years or a fine of not more than VT 100 million, or both.”

8 Section 12

Repeal the section, substitute

“12. Direction to take control of property

(1) The Minister may, on the advice of the Attorney General, by order issue directions to the Administrator to seize any property if he or she on reasonable grounds believes that the property is a terrorist property owned and controlled by a person or group that has been prescribed under section 4.

(2) The Minister may, on the advice of the Attorney General, apply to the Court for direction to seize any property that he or she believe on reasonable grounds to be a terrorist property subject to section 4 of the Act.

(3) If the Court is satisfied that a property is a terrorist property, the Court may order the Administrator to take custody and control of the property.

(4) The direction referred to in subsection (1):

(a) must provide details of the existence of the property; and

(b) must provide details of the person in possession of the property; and

(c) may be subject to conditions prescribed by Minister.

(5) A person who is in possession of the property specified in the direction must allow the Administrator to take custody and control of the property in accordance with the direction.

12A. Application of the Proceeds of Crime Act [CAP 284]

The direction referred to under subsection 12 (1) has the same effect as a restraining order made pursuant to section 42 of the Proceeds of Crime Act [CAP 284] and the provisions of that Act shall apply to such directions with all necessary modifications.”

9 PART 3 DIVISION 3

Repeal the division.

10 After section 51

Insert

“51A. Application of the Penal Code Act [CAP 135]

An offence committed under this Act may be dealt with in accordance with the provisions of the Penal Code Act [CAP 135].”

11 Schedule

Repeal the Schedule.