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Anti-Terrorism and Non-Proliferation (Amendment) Act, 2022

This section amends the principal Act by repealing section 5 and replacing it with new text. The National Anti-Terrorism Centre is responsible for enforcing this Act and is part of the Ministry responsible for internal…

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Jurisdiction
Zambia
Structure
70 provisions
Citation
Act 6 of 2023
Dates
As at 18 Apr 2023
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Dates
As at 18 Apr 2023

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01

Purpose and legislative effect

“This section amends the principal Act by repealing section 5 and replacing it with new text.”

This section amends the principal Act by repealing section 5 and replacing it with new text. The National Anti-Terrorism Centre is responsible for enforcing this Act and is part of the Ministry responsible for internal security. This section amends paragraph (b) of section 6(2) of the principal Act, replacing it with a requirement to collect, solicit, integrate, and analyse intelligence about terrorism, proliferation, and proliferation financing. Institutions or organisations named in subsection (1) must nominate their representatives for appointment by the Minister. This section amends the principal Act by inserting a new section after section 9.

02

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Section 30 of the principal Act is amended by the insertion

A person charged under subsection (1) has a defence if they can satisfy the court that they did not know, and had no reasonable cause to believe, they were harbouring, concealing, or providing safe haven to the listed terrorist- or proliferation-related…

Section 14

Section 4

This section lets anti-terrorism or authorised officers arrest, remove, and detain certain people, and requires ship or aircraft captains to stop disembarkation when ordered.

Section 4

04

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Source record from zambialii.org · As at 18 Apr 2023

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Showing 70 of 70 provisions

Amendment 21Repeal 20Provision 16Substitution 8
§ 3The principal Act is amended by the repeal of section 5Repeal

This section amends the principal Act by repealing section 5 and replacing it with new text.

3. The principal Act is amended by the repeal of section 5 and the substitution therefor of the following:
Section 3Verify source
§ 5(1) There is continued the National Anti-TerrorismProvision

The National Anti-Terrorism Centre is responsible for enforcing this Act and is part of the Ministry responsible for internal security.

5. (1) There is continued the National Anti-Terrorism Centre which is responsible for the enforcement of this Act. (2) The Centre is a department in the Ministry responsible for internal security.
Section 5Verify source
§ 4Section 4Substitution

This section amends paragraph (b) of section 6(2) of the principal Act, replacing it with a requirement to collect, solicit, integrate, and analyse intelligence about terrorism, proliferation, and proliferation financing.

4. Section 6 (2) of the principal Act is amended by deletion of paragraph (b) and the substitution therefor of the following: (b) collect, solicit, integrate and analyse intelligence pertaining to terrorism, proliferation and proliferation financing;.
Section 4Verify source
§ 5Section 5Repeal

Institutions or organisations named in subsection (1) must nominate their representatives for appointment by the Minister.

5. Section 7 of the principal Act is amended— (a) in subsection (1), by the deletion of paragraph (c) and the substitution therefor of the following paragraphs: (c) a representative each, responsible for operations, Repeal and replacement of section 5 Continuation of National Anti- Terrorism Centre Amendment of section 6 Amendment of section 7 from the— (i) Zambia Army; (ii) Zambia Air Force; (iii) Zambia National Service; (iv) Zambia Correctional Service; and (v) Department of Immigration; and (vi) Drug Enforcement Commission (d) a representative of the— (i) Attorney-General; and (ii) Financial Intelligence Centre; (e) a representative from any other relevant institution that the Minister may consider necessary for purposes of this Act; and 104 No. 6 of 2023] Anti-Terrorism and Non-Proliferation (Amendment) (b) by the deletion of subsection (2) and the substitution therefor of the following: (2) The institutions or organisations referred to in subsection their representatives for appointment by the Minister. (1) shall nominate
Section 5Verify source
§ 6Section 6Amendment

This section amends the principal Act by inserting a new section after section 9.

6. The principal Act is amended by the insertion of the following new section immediately after section 9:
Section 6Verify source
§ 9AA member of the Committee or any subAmendment

Committee members and sub-committee members are to be paid allowances, and the Emoluments Commission may determine the amount on the Minister’s recommendation.

9A. A member of the Committee or any sub- committee of the Committee shall be paid allowances that may be determined by the Emoluments Commission on the recommendation of the Minister. Insertion of section 9A Allowances Amendment of section 11
Section 9AVerify source
§ 7Section 7Repeal

Section 11 of the principal Act is amended to require an anti-terrorism officer to notify specified entities about an organisation declared to be a terrorist organisation and proliferation related entity.

7. Section 11 of the principal Act is amended — (a) in subsection (2), by the deletion of paragraph (c) and the substitution therefor of the following: Repeal and replacement of section 12 Anti- terrorism officer (c) notify a reporting entity, supervisory authority, State institution and any other person or entity of an organisation declared to be a terrorist organisation and proliferation related entity;; and (b) in subsection (6), by the deletion of the words “ and proliferation”.
Section 7Verify source
§ 8Section 8Repeal

This section amends the principal Act by repealing section 12 and replacing it with new text.

8. The principal Act is amended by the repeal of section 12 and the substitution therefor of the following:
Section 8Verify source
§ 12Section 12Repeal

The Director must appoint anti-terrorism officers. Those officers must have an appointment certificate and identity card, carry them when carrying out functions under the Act, show them on request or during an investigation, and may use them to demand, inspect, or copy documents or accounts kept under the Act.

12. (1) The Director shall, in order to ensure compliance with the provisions of this Act, appoint anti- terrorism officers that may be necessary for that purpose. (2) An anti-terrorism officer shall be provided with a certificate of appointment and identity card which shall be prima facie evidence of the anti-terrorism officer’s appointment. (3) An anti-terrorism officer shall, in performing a function under this Act — (a) be in possession of an identity card or a certificate of appointment under subsection (2); and (b) show the identification card or certificate of appointment to any person who requests to see it, or is subject to an investigation under this Act. Anti-Terrorism and Non-Proliferation (Amendment) [No. 6 of 2023 105 Amendment of section 14 Repeal and replacement of section 18 Reporting Repeal and replacement of section 20 Prohibition of terrorism financing or proliferation financing (4) An anti-terrorism officer may, on production of the identity card or a certificate of appointment issued under subsection (2), demand the production of, and inspect or make copies of any documents or accounts kept by a person, pursuant to the provisions of this Act.
Section 12Verify source
§ 9Section 14 (2) of the principal Act is amended by the deletionAmendment

This provision amends section 14(2) of the principal Act by deleting the words “and proliferation” after “anti-terrorism.”

9. Section 14 (2) of the principal Act is amended by the deletion of the words “and proliferation” immediately after the word “anti- terrorism”.
Section 9Verify source
§ 10The principal Act is amended by the repeal of section 18Repeal

This section amends the principal Act by repealing section 18 and replacing it with new text.

10. The principal Act is amended by the repeal of section 18 and the substitution therefor of the following:
Section 10Verify source
§ 18(1) A reporting entity, supervisory authority, StateOffence

Notified reporting entities, supervisory authorities, State institutions, and other notified persons or entities must freeze funds held by them for an entity declared terrorist or a terrorist organisation.

18. (1) A reporting entity, supervisory authority, State institution and any other person or entity that has been notified of an entity declared as a terrorist or terrorist organisation under section 40 (1) shall freeze any funds held by that reporting entity, supervisory authority, State institution and any other person or entity. (2) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding three hundred thousand penalty units.
Section 18Verify source
§ 11The principal Act is amended by the repeal of section 20Repeal

This section repeals section 20 of the principal Act and replaces it with new wording.

11. The principal Act is amended by the repeal of section 20 and the substitution therefor of the following:
Section 11Verify source
§ 20Section 20Repeal

A person must not finance terrorism or proliferation, deal with certain funds-linked transactions, or commit acts covered by relevant UN Security Council proliferation resolutions.

20. (1) A person shall not commit an act of terrorism financing or proliferation financing. (2) A person shall not carry out an act which is an offence within the scope of the United Nations Security Council Resolution 1540 of 2004, or any other applicable United Nations Security Council Resolutions on proliferation financing. (3) A person shall not deal with, enter into or facilitate, any transaction or enable the acquisition of a business interest, or perform any other act in connection with funds, which that person knows or ought reasonably to have known or suspected that the funds were acquired, owned, collected, or used, to commit terrorism, terrorism financing, proliferation or proliferation financing. (4) A person is considered to have committed an offence of terrorism financing or proliferation financing whether or not the funds or other assets, belonging to that person, were used to commit a terrorist act or proliferation or, were linked to a specific terrorist act. 106 No. 6 of 2023] Anti-Terrorism and Non-Proliferation (Amendment) Repeal and of section 22 Repeal and replacement of section 23 Prohibition of training terrorism financing or proliferation (5) A person who contravenes subsection (1), (2) and (3) commits an offence and is liable on conviction to imprisonment for life.
Section 20Verify source
§ 12The principal Act is amended by the repeal of section 22Repeal

This provision amends the principal Act by repealing section 22.

12. The principal Act is amended by the repeal of section 22.
Section 12Verify source
§ 13The principal Act is amended by the repeal of section 23Repeal

Section 23 of the principal Act is repealed and replaced with new text.

13. The principal Act is amended by the repeal of section 23 and the substitution therefor of the following:
Section 13Verify source
§ 23(1) A person commits an offence if that personAmendment

It is an offence to provide or receive instruction or training for terrorism or proliferation in the circumstances described here.

23. (1) A person commits an offence if that person provides instruction or training for terrorism or proliferation and at the time that the person provides the instruction or training knows or ought to have known that a person receiving the instruction or training intends to use the skills in which that person is being instructed or trained— (a) for, or in connection with, the commission or preparation of an act of terrorism or proliferation; or (b) for assisting the commission or preparation of an act of terrorism or proliferation. (2) A person commits an offence if that person receives instruction or training for terrorism or proliferation and uses the instruction or training— (a) for, or in connection with, the commission or preparation of an act of terrorism or proliferation; or (b) to assist in the commission, or preparation, of an act of terrorism or proliferation. (3) It is irrelevant for the purposes of subsections (1) and (2)— (a) whether any instruction or training is provided generally or to one or more specific persons; and (b) whether the acts in relation to which a person intends to use the training for terrorism or proliferation consists of one or more acts of terrorism or proliferation. (4) A person convicted of an offence under this section is liable to imprisonment for life. (5) For the purposes of this section— (a) a reference to the provision of instruction includes a reference to making the instruction available either generally or to one or more specific persons; and Anti-Terrorism and Non-Proliferation (Amendment) [No. 6 of 2023 107 (b) an invitation to receive instruction or training for terrorism or proliferation may be general or targeted specifically to one or more persons.
Section 23Verify source
§ 14Section 30 of the principal Act is amended by the insertionAmendment

A person charged under subsection (1) has a defence if they can satisfy the court that they did not know, and had no reasonable cause to believe, they were harbouring, concealing, or providing safe haven to the listed terrorist- or proliferation-related persons or organisations.

14. Section 30 of the principal Act is amended by the insertion of the following new subsection immediately after subsection (2): (3) It shall be a defence for a person charged with an offence under subsection (1) if that person satisfies the court that the person did not know and had no reasonable cause to believe that the person was harbouring, concealing or providing a safe haven to a— (a) terrorist, terrorist organisation or a person who finances or supports a terrorist or terrorist organisation, or the commission of a terrorist act; or (b) person or organisation involved in proliferation or proliferation financing.
Section 14Verify source
§ 15Section 32(1) of the principal Act is amended by the deletionSubstitution

This section amends Section 32(1) by replacing paragraph (a) with wording covering participation in terrorism financing or proliferation financing, even if no terrorist act or proliferation occurred or the funds were not used for that act.

15. Section 32(1) of the principal Act is amended by the deletion of paragraph (a) and the substitution therefor of the following: (a) participates in terrorism financing or proliferation financing, irrespective of an occurrence of a terrorist act or proliferation whether or not the funds have been used to commit that act;.
Section 15Verify source
§ 16Section 36 of the principal Act is amended by theAmendment

This provision amends section 36 of the principal Act by deleting subsection (3) and renumbering subsection (4) as subsection (3).

16. Section 36 of the principal Act is amended by the— (a) deletion of subsection (3); and (b) renumbering of subsection (4) as subsection (3).
Section 16Verify source
§ 17Section 41 of the principal Act is amended by theAmendment

This provision amends Section 41 of the principal Act by deleting figure “(1)” after “41” and deleting subsection (2).

17. Section 41 of the principal Act is amended by the— (a) deletion of figure “(1)” immediately after figure “41”; and (b) deletion of subsection (2).
Section 17Verify source
§ 18The principal Act is amended by the repeal of section 42Repeal

This provision amends the principal Act by repealing section 42 and replacing it with new text.

18. The principal Act is amended by the repeal of section 42 and the substitution therefor of the following:
Section 18Verify source
§ 42(1) A person who provides support to a person orRepeal

This section makes it an offence to support, assist, attend, or promote meetings or activities linked to terrorism or proliferation, and it provides for life imprisonment on conviction.

42. (1) A person who provides support to a person or an entity declared as a terrorist or terrorist organisation or proliferation related entity commits an offence. (2) A person commits an offence if that person knowingly— (a) arranges, manages or assists in arranging or managing or participates in a meeting or an activity, which that person knows is connected with an act of terrorism, terrorism financing, proliferation and proliferation financing; Amendment of section 30 Amendment of section 32 Amendment of section 36 Amendment of section 41 Repeal and replacement of section 42 Support and meetings 108 No. 6 of 2023] Anti-Terrorism and Non-Proliferation (Amendment) (b) provides logistics, equipment or facilities for a meeting, or an activity which that person knows is connected with an act of terrorism, terrorism financing, proliferation and proliferation financing; (c) attends a meeting, which that person knows supports a designated or nationally listed person or entity, or seeks to further the objectives of a designated or nationally listed person or entity; or (d) addresses a meeting for the purpose of encouraging support for a declared terrorist organisation or proliferation related entity to further its activities. (3) A person convicted of an offence under this section is liable to imprisonment for life.
Section 42Verify source
§ 19The principal Act is amended by the repeal of section 43Repeal

This provision amends the principal Act by repealing section 43 and replacing it with new text.

19. The principal Act is amended by the repeal of section 43 and the substitution therefor of the following:
Section 19Verify source
§ 43Section 43Repeal

The Minister must list certain persons or entities, and may propose them to the relevant UN Security Council Committee; the Centre must circulate the national and UN sanctions lists and share designated/nationally listed persons with Immigration.

43. (1) The Minister shall, on the recommendation of the Centre, nationally list persons or entities who are involved in the commission of acts of terrorism, terrorism financing, proliferation or proliferation financing. (2) Subject to subsection (1), the Minister shall propose persons or entities to the relevant United Nations Security Council Committee for designation. (3) The Centre shall— (a) without delay circulate the national list to a reporting entity, supervisory authority, state institution and any other person or entity for implementation; (b) on receipt of the relevant United Nations Security Council Committee Sanctions List without delay, circulate to a reporting entity, supervisory authority, state institution and any other person or entity for implementation; and (c) without delay, share with the Department of Immigration a list of designated or nationally listed persons for purposes of regulating the entry and exit of persons in the Republic under the Immigration and Deportation Act, 2010. Repeal and replacement of section 43 National list and United Nations Sanctions List Act No. 18 of 2010 Anti-Terrorism and Non-Proliferation (Amendment) [No. 6 of 2023 109
Section 43Verify source
§ 20The principal Act is amended by the insertion of the followingAmendment

The principal Act is amended by adding new sections immediately after section 43.

20. The principal Act is amended by the insertion of the following new sections immediately after section 43:
Section 20Verify source
§ 43A(1) The Centre shall, on receipt of the relevantAmendment

The Centre must order persons and entities to freeze listed assets, keep them unavailable, notify the listed person or entity, and publish the national list. Covered persons and entities must also report frozen assets or compliance actions to the Centre and the relevant competent authority.

43A. (1) The Centre shall, on receipt of the relevant United Nations sanctions list or the national list from the Minister— (a) direct all persons, groups or entities, without delay and without prior notice, to— (i) freeze all funds or other assets suspected or belonging to a nationally listed person, group or entity, or designated person or entity including funds derived from property owned or controlled directly or indirectly— Insertion of sections 43A and 43B Freezing of funds or other assets of designated or nationally listed person or entity (a) by that nationally listed person, group or entity, or designated person or entity; (b) by a person acting on that nationally listed person, group or entity’s behalf, or designated person or entity’s behalf; or (c) at the direction of a nationally listed person, group or entity, or designated person or entity; and (ii) ensure that these funds or other assets are not made available, directly or indirectly for the nationally listed person, group or entity or designated person or entity’s benefit, by their nationals or by persons within their territory; (b) give written notice to the nationally listed person, group or entity, specifying the implications of being listed and the procedure for review and information on the delisting process after the national listing or designation has taken effect; and (c) publicise the national list without delay in a national news paper of general circulation and on its website. (2) Subject to subsection (1), a person, group or entity shall report to the Centre and the relevant competent authority on any assets frozen or actions taken in compliance with the implementation of targeted financial sanctions related to terrorism, terrorism financing, proliferation and proliferation financing. 110 No. 6 of 2023] Anti-Terrorism and Non-Proliferation (Amendment) De-listing, unfreezing and providing access to frozen funds or other assets
Section 43AVerify source
§ 43B(1) The Minister may, on the recommendationAmendment

The Minister may de-list a person, group, or entity on the Centre’s recommendation if prescribed de-listing conditions are met, and the Centre must direct unfreezing of assets in the listed situations described.

43B. (1) The Minister may, on the recommendation of the Centre, de-list a person, group or entity if that person or entity meets the conditions for de-listing as prescribed. (2) Where a person, group or entity meets the conditions for de listing referred to under subsection (1), the Centre shall direct a reporting entity to unfreeze the frozen funds or other assets of the person or entity. (3) The Centre shall, where a person, group or entity is inadvertently affected by an asset freeze, direct a relevant reporting entity to unfreeze the frozen funds or other assets on verification that the person, group or entity involved is not a designated or listed person, group or entity. Amendment of section 44
Section 43BVerify source
§ 21Section 44 of the principal Act is amended by the deletionSubstitution

A person, group, or entity must not deal with funds or economic resources they know or reasonably suspect are owned, held, or controlled by listed or designated persons or entities, subject to section 52.

21. Section 44 of the principal Act is amended by the deletion of subsection (1) and the substitution therefor of the following: Amendment of section 47 Amendment of section 48 (1) Subject to section 52, a person, group or entity shall not deal with funds or economic resources which that person, group or entity knows or reasonably suspects are owned, held or controlled by a designated person or entity, nationally listed person, group or entity terrorist, terrorist organisation or proliferation related entity.
Section 21Verify source
§ 22Section 47 of the principal Act is amended by the deletionSubstitution

A person, group, or entity must not make economic resources available to listed or designated persons, terrorist organisations, or proliferation-related entities without express authority from the Centre.

22. Section 47 of the principal Act is amended by the deletion of subsection (1) and the substitution therefor of the following: (1) Subject to section 52, a person, group or entity shall not make economic resources available directly or indirectly, without express authority from the Centre as prescribed, to a designated or nationally listed person, terrorist organisation or proliferation related entity if that person or entity knows, or reasonably suspects that the— (a) person, group or entity is making the economic resources available to the designated or nationally listed person, terrorist organisation or proliferation related entity; and (b) designated or nationally listed person, terrorist organisation or proliferation related entity would be likely to exchange the economic resources, or use the economic resources in exchange, for funds, goods, services or arms.
Section 22Verify source
§ 23Section 48 of the principal Act is amended inSubstitution

Section 48 is amended to let the relevant authority search and inspect cargo to or from a designated country, and to dispose of certain sanctioned items, when there are reasonable grounds to suspect a sanctions-related violation; it also shortens the notice period to the Centre to seven days.

23. Section 48 of the principal Act is amended in— (a) in subsection (7)— (i) by the deletion of paragraph (a) and the substitution therefor of the following: (a) search and inspect all cargo to and from a designated country, including cargo on an aircraft or a vessel, where reasonable grounds exist to suspect a Anti-Terrorism and Non-Proliferation (Amendment) [No. 6 of 2023 111 Act No. 19 of 2010 violation of applicable United Nations Security Council Resolutions and sanctions related to terrorism, terrorism financing, proliferation or proliferation financing;; and (ii) by the deletion of paragraph (c) and the substitution therefor of the following: (c) subject to the Forfeiture of Proceeds of Crime Act, 2010, cause the disposal of any items subject to sanctions, arms and related material of all types including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and their spare parts, where reasonable grounds exist to suspect a violation of applicable United Nations Security Council Resolutions and Sanctions relating to terrorism, terrorism financing, proliferation or proliferation financing.; and (b) in subsection (9), by the deletion of the words “Minister of the action taken within fourteen” and the substitution therefor of the words “Centre of the action taken within seven”.
Section 23Verify source
§ 24The principal Act is amended by the repeal of section 49Repeal

Section 24 amends the principal Act by repealing section 49 and replacing it with new wording.

24. The principal Act is amended by the repeal of section 49 and the substitution therefor of the following:
Section 24Verify source
§ 49(1) A road, water or air transportation provider orRepeal

Transport providers, transport agents, and any person must not carry or facilitate transport of designated or listed persons or restricted goods; breaching this is an offence punishable by life imprisonment.

49. (1) A road, water or air transportation provider or any transportation agent operating within the Republic or whose transportation carries persons or goods within or outside the Republic shall not permit or facilitate the transportation of a designated or nationally listed person or restricted goods specified by the Minister, on the recommendation of the Centre, by Gazette notice. (2) A person shall not carry a designated or nationally listed person or transport restricted goods specified in the Gazette notice referred to under subsection (1) by road, water or air transportation within or outside the Republic. (3) A person who contravenes subsection (1) or (2) commits an offence and is liable, on conviction, to imprisonment for life. Repeal and replacement of section 49 Prohibition of travel by designated or nationally listed person or terrorist organisation or proliferation related entity 112 No. 6 of 2023] Anti-Terrorism and Non-Proliferation (Amendment) (4) It is a defence for a person charged with an offence under this section to satisfy the court that the person did not know and had no reasonable cause to believe that the person they were carrying is a designated or nationally listed person. Amendment of section 50
Section 49Verify source
§ 25Section 50 of the principal Act is amended by the deletion ofSubstitution

A designated or nationally listed person must not enter or transit through the Republic if doing so would conflict with a United Nations Security Council determination.

25. Section 50 of the principal Act is amended by the deletion of subsection (1) and the substitution therefor of the following: Amendment of section 52 (1) A designated or nationally listed person shall not enter or transit through the Republic if the entry or transit would be contrary to a determination of the United Nations Security Council.
Section 25Verify source
§ 26Section 52 of the principal Act is amendedRepeal

This section amends section 52 of the principal Act and redefines “frozen account.”

26. Section 52 of the principal Act is amended— (a) by the deletion of the words “reporting entity”, wherever the words appear , and the substitution therefor of the words “reporting entity, supervisory authority, State institution and any other person or entity”; (b) by the deletion of subsection (5) and the substitution therefor of the following: (5) In this section “frozen account” means an account with a reporting entity, supervisory authority, State institution and any other person or entity which has been restricted from transfer, conversion, disposition or movement of any funds or other assets by a reporting entity, supervisory authority, State institution and any other person or entity; (c) in subsection (6), by the— (i) deletion of paragraph (b); and (ii) renumbering of paragraphs (c), (d) and (e) as paragraphs (b), (c) and (d), respectively; (d) in subsection (7), by the deletion of the words “subsection (6)(a), (b), (c) and (e)”and the substitution therefor of the words “subsection (6) (a), (b) and (d)”; (e) by the deletion of subsection (8); and (f) by the renumbering of subsection (9) as subsection (8). Anti-Terrorism and Non-Proliferation (Amendment) [No. 6 of 2023 113 Repeal and replacement of sections 54, 55, 56, 57 and 58 Power to arrest Power to detain
Section 26Verify source
§ 27The principal Act is amended by the repeal of sections 54,Repeal

This section says the principal Act is being amended by repealing sections 54 to 58 and replacing them with new text.

27. The principal Act is amended by the repeal of sections 54, 55, 56, 57 and 58 and the substitution therefor of the following:
Section 27Verify source
§ 54An anti-terrorism officer or an authorised officerOffence

An anti-terrorism officer or an authorised officer may arrest a person without a warrant if the officer reasonably believes the person has committed or is about to commit an offence under the Act.

54. An anti-terrorism officer or an authorised officer may arrest a person, without a warrant, where that officer has reasonable grounds to believe that the person has committed or is about to commit an offence under this Act.
Section 54Verify source
§ 55(1) An anti-terrorism officer or an authorised officerAmendment

Anti-terrorism officers or authorised officers may detain a person for up to 48 hours if they have reasonable grounds to believe an offence under the Act has been or is about to be committed.

55. (1) An anti-terrorism officer or an authorised officer may detain a person for a period not exceeding forty-eight hours, where that officer has reasonable grounds to believe that the person has committed, or is about to commit, an offence under this Act. (2) An anti-terrorism officer or authorised officer who detains a person under subsection (1) shall, on the expiry of the forty eight hours— (a) produce the person before a judge unless the forty- eight hours ends outside ordinary court hours or on a day that is not an ordinary court day; and (b) apply, in writing, to the judge or magistrate for an extension of time to detain that person in custody. (3) An anti-terrorism officer or an authorised officer shall, in making an application under subsection (2), specify the— (a) nature of the offence for which the person has been detained; (b) general nature of the evidence on which the person has been detained; and (c) reasons necessitating the continued holding of that person in custody. (4) A judge or magistrate shall, in determining an application under subsection (2)(b), consider any objection that the person who has been detained may have in relation to the application and may— (a) release that person unconditionally; 114 No. 6 of 2023] Anti-Terrorism and Non-Proliferation (Amendment) (b) release that person subject to conditions that the judge or magistrate may impose to ensure that the person— (i) does not, while on release, commit an offence, the interfere with witnesses or investigations in relation to the offence for which the person has been detained; and (ii) avails oneself for the purpose of facilitating the conduct of investigations; or (c) make an order for the remand of the person in custody. (5) Where a judge or magistrate makes an order for the remand of a person under subsection (4)(c), the period of remand shall not exceed fourteen days. (6) An anti-terrorism officer or an authorised officer who detains a suspect in respect of whom an order has been issued under subsection (4)(c) may, at any time before the expiry of the period of remand specified by a judge or magistrate, apply to the judge or magistrate for an extension of that period. (7) A judge or magistrate shall not make an order for the extension of the time for remand under subsection (6) unless the judge or magistrate is satisfied, having regard to the circumstances for which an order was issued under subsection (4)(c), it is necessary to grant the extension. (8) Where a judge or magistrate grants an extension under subsection (7), the period shall not, together with the period for which the person was first remanded in custody, exceed forty-five days.
Section 55Verify source
§ 56(1) A judge or magistrate may issue a warrantAmendment

A judge or magistrate may issue a warrant allowing specified officers to enter, search, inspect, seize, and retain items from premises.

56. (1) A judge or magistrate may issue a warrant authorising an anti-terrorism officer or an authorised officer to— (a) enter any premises specified in the warrant; (b) search any premises, any person and inspect any document, record or thing, found in the premises; and (c) seize and retain any relevant material, including any relevant document, record or thing found in the premises. Powers of investigation Anti-Terrorism and Non-Proliferation (Amendment) [No. 6 of 2023 115 Powers of investigation in cases of urgency (2) A judge or magistrate shall not issue a warrant under subsection (1) unless the judge or magistrate is satisfied that— (a) the warrant is sought for the purpose of a terrorism or proliferation investigation; and (b) there are reasonable grounds to believe that there is material on the premises which may be relevant to the terrorism or proliferation investigation.
Section 56Verify source
§ 57(1) Despite any other Act, an anti-terrorism officerAmendment

An anti-terrorism officer or authorised officer may urgently search, stop, board, seize, remove, and detain items without a warrant in specified circumstances, and must then bring the matter before a judge or magistrate within 48 hours.

57. (1) Despite any other Act, an anti-terrorism officer or an authorised officer may, where, in a case of urgency, an application before a judge or magistrate for a warrant would cause delay that may be prejudicial to the maintenance of public safety or public order— (a) enter and search any premises or place, if the anti- terrorism officer or an authorised officer has reason to suspect that, within those premises or at that place— (i) an offence under this Act is being committed or is likely to be committed; or (ii) there is evidence of the commission of an offence under this Act; (b) search any person or vehicle found on any premises or place which the anti-terrorism officer or an authorised officer is empowered to enter and search under paragraph (a); (c) stop, board and search any vessel, aircraft or vehicle if the anti-terrorism officer or an authorised officer has reason to suspect that there is in it evidence of the commission or likelihood of the commission of an offence under this Act; or (d) seize, remove and detain anything which is, contains or appears to contain, evidence of the commission of an offence under this Act. (2) An anti-terrorism officer or an authorised officer who has exercised any power under this section shall bring the matter before a judge or magistrate within forty eight hours of doing so and the judge or magistrate shall make orders that judge or magistrate considers necessary in respect of the matter. 116 No. 6 of 2023] Anti-Terrorism and Non-Proliferation (Amendment) (3) Where a seizure is effected under this section, a list of all the articles seized shall be prepared and signed by the anti-terrorism officer or an authorised officer who effected the seizure and shall immediately be delivered— (a) to the person on whom the search is made; or (b) to the owner of the premises, place, vessel, aircraft or vehicle searched.
Section 57Verify source
§ 58An anti-terrorism officer or an authorised officerOffence

An anti-terrorism officer or authorised officer may apply to a judge to intercept communication for evidence of an offence under the Act.

58. An anti-terrorism officer or an authorised officer may, for the purpose of obtaining evidence of the commission of an offence under this Act, apply to a judge to intercept communication in accordance with Part VI of the Cyber Security and Cyber Crimes Act, 2021.
Section 58Verify source
§ 28Section 62 of the principal Act is amendedAmendment

Section 62 of the principal Act is amended to require consultation with the Centre, delete subsection (5), and renumber former subsection (6) as subsection (5).

28. Section 62 of the principal Act is amended— (a) in subsection (1), by the insertion of the words “in consultation with the Centre,” immediately after the word “may”; (b) by the deletion of subsection (5); and (c) by the renumbering of subsection (6) as subsection (5). Power to intercept communication and admissibility of intercepted communications Act No. 2 of 2021 Amendment of section 62 Amendment of section 66
Section 28Verify source
§ 29Section 66 (1) of the principal Act is amended by theAmendment

This provision amends section 66(1) to add a rule requiring assets to be frozen without delay in specified listed or designated cases.

29. Section 66 (1) of the principal Act is amended by the insertion of the following new paragraph immediately after paragraph (b): (c) without delay, to freeze all property, funds or other assets belonging to, or suspected to belong to, a nationally listed a person, group or entity or a designated person or entity including funds derived from property owned or controlled directly or indirectly by listed or designated persons. Insertion of section 69A Offence
Section 29Verify source
§ 30The principal Act is amended by the insertion of theAmendment

A court must not grant bail for an offence under this Act if the penalty is life imprisonment.

30. The principal Act is amended by the insertion of the following new section immediately after section 69: 69A A court shall not grant bail in respect of an offence under this Act for which the penalty is life imprisonment Amendment of section 70 Insertion of section 72A
Section 30Verify source
§ 31Section 70 of the principal Act is amended by the deletionSubstitution

Section 70 is amended by replacing the word “Agency” with “Centre”.

31. Section 70 of the principal Act is amended by the deletion of the word “Agency” and the substitution therefor of the word “Centre”.
Section 31Verify source
§ 32The principal Act is amended by the insertion of the followingAmendment

This section says the principal Act is amended by inserting a new section after section 72.

32. The principal Act is amended by the insertion of the following new section immediately after section 72: Anti-Terrorism and Non-Proliferation (Amendment) [No. 6 of 2023 117
Section 32Verify source
§ 72A(1) The Centre may, where a person, group orRepeal

The Centre may impose administrative sanctions for non-criminal breaches of the Act, but must give 14 days written notice and consider listed factors first.

72A. (1) The Centre may, where a person, group or entity is in breach of a provision of this Act which is not a criminal offence, impose one or more of the following administrative sanctions: Administrative sanctions (a) a caution not to repeat the conduct which led to the non-compliance with a provision of this Act; (b) a reprimand; (c) a directive to take remedial action or to make specific arrangements to redress the identified non- compliance; (d) the restriction or suspension of certain specified business activities; and (e) a penalty not exceeding thirty million penalty units. (2) The Centre shall consider the following factors when determining an appropriate administrative sanction: (a) the nature, duration, seriousness and extent of the relevant non-compliance; (b) whether the reporting entity has previously failed to comply with any relevant law; (c) any remedial steps taken by the reporting entity to prevent a recurrence of the non-compliance; (d) any steps taken or to be taken against the reporting entity by— (i) another supervisory authority; or (ii) a professional association which the reporting entity is a member; and (e) any other relevant factor, including mitigating factors. (3) The Centre shall, before imposing an administrative sanction, give the person, group or entity fourteen days notice in writing specifying— (a) the nature of the alleged non-compliance; (b) the intention to impose an administrative sanction; (c) an amount or particulars of the intended administrative sanction; and 118 No. 6 of 2023] Anti-Terrorism and Non-Proliferation (Amendment) (d) that the person, group or entity may, in writing, within a period specified in the notice, make representations as to the reasons the administrative sanction should not be imposed. (4) A person, group or entity may, within thirty days of receipt of an administrative sanction, appeal to the High Court against an administrative sanction imposed by the Centre. (5) The Centre may issue a public notice of any sanctions imposed against a reporting entity. Repeal and replacement of First and Second Schedules General Amendment
Section 72AVerify source

Part

Schedules

§ 33The principal Act is amended by the repeal of the FirstRepeal

The principal Act is changed by removing the First and Second Schedules and replacing them with the schedules in the Appendix.

33. The principal Act is amended by the repeal of the First and Second Schedules and the substitution therefor of the Schedules set out in the Appendix.
Section 33Verify source
§ 34The principal Act is amended by the deletion of the wordsSubstitution

This section amends the principal Act by replacing the words “financing of terrorism” with “terrorism financing” wherever they appear, except in the Second Schedule.

34. The principal Act is amended by the deletion of the words “financing of terrorism” wherever the words appear, except in the Second Schedule, and the substitution therefor of words “terrorism financing”. Anti-Terrorism and Non-Proliferation (Amendment) [No. 6 of 2023 119 APPENDIX (Section 33) FIRST SCHEDULE (Section 62(4)) EXCLUSION ORDERS
Section 34Verify source
§ 1This Act may be cited as the Anti-Terrorism and NonProvision

The Minister may revoke an exclusion order at any time by making a further order.

1. (1) An exclusion order may be revoked at any time by a Duration further order made by the Minister. (2) The revocation of an exclusion order against a person shall not prevent the making of a further exclusion order against the person.
Section 1Verify source
§ 2Section 2 (1) of the principal Act is amended byAmendment

A notice of an exclusion order must be served on the affected person within 14 days, unless the person is outside the Republic.

2. (1) A notice of the making of an exclusion order shall be served on the person against whom it has been made within fourteen days of the making of the order. Notice of order (2) Nothing in this paragraph imposes an obligation to take any steps to serve a notice on a person at a time when the person is outside the Republic. (3) Where the person against whom an exclusion order is made is not for the time being detained by virtue of this Act, notice of the making of the order may be served on the person by posting it to the person’s last known address or by the publication of a notice in the Gazette or newspaper of general circulation in the area.
Section 2Verify source
§ 3(1) The Minister may, in consultation with the Centre, giveOffence

The Minister may, after consulting the Centre, direct the removal from the Republic of a person subject to an exclusion order. A person who, without reasonable excuse, does not comply commits an offence and may be fined or imprisoned.

3. (1) The Minister may, in consultation with the Centre, give directions for the removal from the Republic any person who is the subject of an exclusion order. Directions for removal (2) Any person who without reasonable excuse fails to comply with the directions given to that person under this paragraph commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both.
Section 3Verify source
§ 4Section 4Amendment

This section lets anti-terrorism or authorised officers arrest, remove, and detain certain people, and requires ship or aircraft captains to stop disembarkation when ordered.

4. (1) A person in respect of whom directions for removal may be given under paragraph 3 may be detained pending the giving of directions and pending removal in pursuance of the directions. Detention pending removal (2) An anti-terrorism officer or an authorised officer may arrest, without warrant, a person liable to be detained under this paragraph. 120 No. 6 of 2023] Anti-Terrorism and Non-Proliferation (Amendment) (3) A captain of a ship or aircraft, if so required by an anti- terrorism or an authorised officer shall prevent any person on board the ship or aircraft from disembarking in the Republic. (4) Where a captain of a ship or aircraft is required to prevent a person from disembarking, the captain may for that purpose detain the person in custody on board the ship or aircraft. (5) A captain of a ship or aircraft who fails to take reasonable steps to comply with a requirement imposed under this Act commits an offence and is liable, on conviction, to imprisonment for a term not exceeding two years or to a fine not exceeding two hundred thousand penalty units, or to both. (6) An anti-terrorism officer or an authorised officer may remove a person from a vessel, aircraft or vehicle, for detention under this Act.
Section 4Verify source
§ 5Section 5Amendment

A judge or magistrate may issue a search warrant if there are reasonable grounds to suspect a person subject to an exclusion order is on premises, and officers may take necessary steps to identify a detained person.

5. (1) If a judge or magistrate is satisfied that there are reasonable grounds for suspecting that a person who is the subject of an exclusion order is to be found on any premises, the judge or magistrate may grant a search warrant authorising an anti-terrorism officer or an authorised officer to enter the premises for the purpose of searching for and arresting that person. (2) A person detained under this Schedule shall be deemed to be in legal custody at any time when the person is detained in police custody in the Republic otherwise than on board a ship, vehicle or aircraft. (3) Where a person is detained under this Schedule, any anti- terrorism officer or other authorised officer may take all steps that may be reasonably necessary for identifying the person. Provisions supplementary to detention Anti-Terrorism and Non-Proliferation (Amendment) [No. 6 of 2023 121 SECOND SCHEDULE (Section 2 (1)) COUNTER TERRORISM CONVENTIONS
Section 5Verify source
§ 1This Act may be cited as the Anti-Terrorism and NonOffence

This provision cites the Tokyo Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963.

1. The Tokyo Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963;
Section 1Verify source
§ 2Section 2 (1) of the principal Act is amended byAmendment

This provision names the Convention for the Suppression of Unlawful Seizure of Aircraft of 1970.

2. The Convention for the Suppression of Unlawful Seizure of Aircraft of 1970;
Section 2Verify source
§ 3The Montreal Convention for the Suppression of Unlawful ActsProvision

This section cites the 1971 Montreal Convention on unlawful acts against civil aviation and its 1984 Protocol.

3. The Montreal Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation of 1971 and the Protocol thereto of 1984;
Section 3Verify source
§ 4The New York Convention on the Prevention and Punishment of Crimes AgainstProvision

This provision cites the 1973 New York Convention on crimes against internationally protected persons, including diplomatic agents.

4. The New York Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents of 1973;
Section 4Verify source
§ 5The International Convention Against the Taking of Hostages of 1979Provision

This section names the International Convention Against the Taking of Hostages of 1979.

5. The International Convention Against the Taking of Hostages of 1979;
Section 5Verify source
§ 6The Convention on the Physical Protection of Nuclear Material of 1980Provision

This section names the Convention on the Physical Protection of Nuclear Material of 1980.

6. The Convention on the Physical Protection of Nuclear Material of 1980;
Section 6Verify source
§ 7The United Nations Convention on the Law of the Sea of 1982Provision

This section names the United Nations Convention on the Law of the Sea of 1982.

7. The United Nations Convention on the Law of the Sea of 1982;
Section 7Verify source
§ 8The Protocol for the Suppression of Unlawful Acts of Violence at Airports ServingProvision

This section names the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation.

8. The Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation of 1988;
Section 8Verify source
§ 9The Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed PlatformsProvision

This section names the 1988 Protocol on unlawful acts against fixed platforms on the continental shelf.

9. The Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf of 1988;
Section 9Verify source
§ 10The Convention for the Suppression of Unlaw ful Acts against Maritime Navigation ofProvision

This section refers to the 1988 Convention for the Suppression of Unlawful Acts against Maritime Navigation.

10. The Convention for the Suppression of Unlaw ful Acts against Maritime Navigation of 1988;
Section 10Verify source
§ 11The Convention on the Marking of Plastic Explosives of 1991Provision

This section names the Convention on the Marking of Plastic Explosives of 1991.

11. The Convention on the Marking of Plastic Explosives of 1991;
Section 11Verify source
§ 12The International Convention for the Suppression of Terrorist Bombings of 1997Provision

This provision names the International Convention for the Suppression of Terrorist Bombings of 1997.

12. The International Convention for the Suppression of Terrorist Bombings of 1997;
Section 12Verify source
§ 13The Convention on the Prohibition of the Use, Stockpiling, Production and Transfer ofProvision

This section names the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction of 1977.

13. The Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction of 1977;
Section 13Verify source
§ 14The Convention for the Suppression of Unlawful Acts Against the Safety of CivilProvision

This section cites the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation of 1971.

14. The Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation of 1971;
Section 14Verify source
§ 15The Organisation of African Unity Convention on the Prevention and Combating ofProvision

This provision references the Organisation of African Unity Convention on the Prevention and Combating of Terrorism, 1999.

15. The Organisation of African Unity Convention on the Prevention and Combating of Terrorism, 1999; and
Section 15Verify source
§ 16The International Convention for the Suppression of the Financing of Terrorism, 19Provision

This provision only names the International Convention for the Suppression of the Financing of Terrorism.

16. The International Convention for the Suppression of the Financing of Terrorism, 19 122
Section 16Verify source

Legislative relationships

17 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

4 instruments

  • A court must not grant bail for an offence under this Act

    Section 30

  • and replacement of section 43 National list and United Nations Sanctions List Act

    Section 43

  • Cyber Security and Cyber Crimes Act, 2021

    Section 58

  • First The principal Act

    Section 33

N–S

11 instruments

  • of section 18 This section amends the principal Act

    Section 10

  • of section 20 This section repeals section 20 of the principal Act

    Section 11

  • of section 22 This provision amends the principal Act

    Section 12

  • of section 23 Section 23 of the principal Act

    Section 13

  • of section 42 This provision amends the principal Act

    Section 18

  • of section 43 This provision amends the principal Act

    Section 19

  • of section 49 Section 24 amends the principal Act

    Section 24

  • of section 5 This section amends the principal Act

    Section 3

  • paragraph (b) of section 6(2) of the principal Act

    Section 4

  • principal Act

    Sections 6, 8, 9, 16, 17, 26, 34

  • Proceeds of Crime Act, 2010

    Section 23

T–Z

2 instruments

  • Unlaw ful Act

    Section 10

  • Unlawful Act

    Sections 3, 8, 9, 14

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  • 18 Apr 2023 · currentEnglish

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