TERRORISM
(PREVENTION) (AMENDMENT) ACT, 2013
EXPLANATORY MEMORANDUM
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This Act amends
the Terrorism (Prevention) Act No. 10, 2011,
makes provision for extra-territorial application of the Act and strengthens terrorist financing offences. |
TERRORI SM (PREVENTION)
(AMENDMENT) ACT, 2013
ARRANGEMENT OF SECTIONS
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Section:
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1. Amendment of
Act No.10, 2011.
2. Amendment of
section 1.
3. Substitution
for sections 3-8
4. Substitution
for section 10.
5. Deletion of
section 11.
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6. Amendment of
section 12.
7. Substitution
for section 13.
8. Amendment of
section 14.
9. Amendment of
section 15.
10. Deletion of
sections 16 and 17.
11. Amendment
of section 24.
12.
Substitution for section 25.
13.
Substitution for sections 26 - 29.
14. Deletion of
section 31.
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15. Amendment
of section 32.
16.
Substitution for section 33.
17. Deletion of
section 34.
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18. Amendment
of section 36, 37 and 38.
19. Amendment
of section 40.
20. Citation.
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TERRORI SM
(PREVENTION) (AMENDMENT) ACT, 2013
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A Bill
For
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An Act to amend the Terrorism (Prevention) Act, 2011 by providing for extra-territorial
application
of the Act and strengthening of terrorist financing offences; and for
related
matters.
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[
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]
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Commencement
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ENACTED by
the National Assembly
of the Federal
Republic of
Nigeria -
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1.
2.
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The Terrorism (Prevention) Act, 2011
(in this Act referred
to as the Amendment of Act No.
³3ULQFLSDO$FW´LVamended as set out in this Act.
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10, 2011.
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Section 1 of
the Principal Act is amended by±
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Amendment of section
1.
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(a) inserting a new subsection ³(1)´ before the existing subsection
(1) -
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³) All acts of terrorism and
hereby prohibited.´
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financing
of terrorism are
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(b) renumbering the
existing subsections (1)±(3) as subsections
(2)
±DFFRUGLQJO\´ |
(c)
substituting for the renumbered
subsection (2) a new subsection
³(2)´ ±
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³ $ SHUVRQ RU ERG\ FRUSRUDWH ZKR
NQRZLQJO\ LQ RU
outside Nigeria directly or indirectly willingly ±
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(a) does,
attempts or threatens any act of terrorism,
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(b) commits an
act preparatory to or in furtherance
of
an act of terrorism,
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(c) omits to do anything that is reasonably necessary
to prevent an act of terrorism,
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(d) assists
or facilitates the
activities of persons
engaged in an act of terrorism or is an accessory to
any offence under this Act,
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(e)
participates as an accomplice in or contributes to
the commission of any act of
terrorism or offences
under this Act,
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(f) assists,
facilitates, organizes or
directs the
activities of
persons or organizations engaged in
any act of terrorism,
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(g) is an
accessory to any act of terrorism, or
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(h)
incites, promises or induces any
other person by
any means whatsoever
to commit any
act of
terrorism or any of the
offences referred to in this
Act,
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commits an offence
under this Act and
is liable on
conviction to
maximum of death sentence.´
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(2) Section
1 of the
Principal Act is
amended by inserting
a new
section ³1A´ immediately after the
new section 1(4)
of the
Principal Act -
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1A. (1) The Office of the National Security Adviser (in this
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³National
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Coordinating
Bodies
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Act referre
G WR DV ³216$´ VKDOO EH WKH
coordinating
body for all security and enforcement
agencies under
this Act and shall -
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(a) provide
support to all
relevant security,
intelligence, law enforcement agencies
and
military services to prevent and combat acts of
terrorism in Nigeria;
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(b) ensure
the effective formulation and
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implementation of
a comprehensive counter-
terrorism
strategy for Nigeria;
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(c) build
capacity for the effective discharge of the
functions of all relevant
security, intelligence,
law enforcement and military services
under
this Act or
any other law
on terrorism in
Nigeria; and
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(d) do
such other acts or things that are necessary
for the effective
performance of the functions
of the relevant
security and enforcement
agencies under this Act.
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(2) The Attorney ± General of the Federation shall be the authority
for the effective implementation
and administration of this Act
and shall strengthen and
enhance the existing legal framework
to ensure -
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D FRQIRUPLW\ RI 1LJHULD¶V FRXQWHU - terrorism laws
and policies with
international standards
and
United Nations Conventions on Terrorism;
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(b) maintain
international co-operation required
for
preventing and combating
international acts of
terrorism; and
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(c) the
effective prosecution of terrorism matters.
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(3) The law enforcement and security agencies (in this Act referred
to
DV ³ODZ HQIRUFHPHQW
DJHQFLHV VKDOO EH
UHVSRQVLEOH IRU WKH
gathering of intelligence and
investigation of the
offences
provided under this Act.
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(4) Further to subsection (3), the law enforcement agencies shall
have
powers to -
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(a)
enforce all laws and regulations on counter - terrorism
in Nigeria;
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(b) adopt
measures to prevent and combat acts of
terrorism
in Nigeria;
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(c) facilitate
the detection and investigation of
acts of
terrorism in Nigeria;
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(d) establish, maintain and
secure communications, both
domestic and international, to
facilitate the rapid
exchange of information concerning acts that constitute
terrorism;
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(e) conduct research with the aim of improving preventive
measures to efficiently and
effectively combat
terrorism in Nigeria;
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(f) partner
with Civil Society
Organizations and the
Nigerian public to
provide necessary education,
support,
information, awareness and
sensitization
towards the prevention and
elimination of acts
of
terrorism;
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(5) Subject
to the provisions of this Act, the law enforcement agencies
shall have powers to -
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(a) investigate
whether any person
or entity has
directly or
indirectly committed an act of terrorism, is about to
commit an
act of terrorism or has been
involved in an act of terrorism
under this Act or under any other law;
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(b)
execute search warrants as
granted by the courts authorizing
its officers or any
other law enforcement officer to enter into
any premises, property
or conveyance for
the purpose of
conducting searches in
furtherance of its functions under this
Act or under any other law;
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(c)investigate,
arrest and provide evidence for the
prosecution of
offenders under this
Act or any
other law on
terrorism in
Nigeria;
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(d) seize, freeze or
maintain custody over
terrorist property or
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fund for the purpose of investigation, prosecution or recovery
of any
property or fund
which the law
enforcement and
security
agencies reasonably believe to
have been involved in
or used in the
perpetration of terrorist
activities in Nigeria or
outside Nigeria;
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(e) seal up
premises upon reasonable suspicion of
such premises
being involved with
or being used in connection with acts of
terrorism;
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(f) adopt
measures to identify,
trace, freeze, seize
terrorist
properties as required by
the law and seek for the
confiscation
of proceeds derived from terrorist activities whether situated
within or outside Nigeria;
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(g) under
the authority of
the Attorney -
General of the
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Federation,
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enter
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into
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co-operation
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agreements
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or
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arrangements with
any national or international body,
other
intelligence,
enforcement or security agencies or
organizations
which, in
its opinion, will
facilitate the discharge
of its
functions under
this Act;
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(h) request or
demand for, and obtain from any person, agency or
organization,
information, including any
report or data
that
may be relevant to its functions; and
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(i)
appoint experts or professionals,
where necessary, to execute
the powers required
in furtherance of its functions under this
Act.
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(6) The
law enforcement agencies may initiate,
develop or improve on
specific training programmes
for its officers
charged with the
responsibility for the
prevention, detection, investigation,
elimination and prosecution of terrRULVPDFWLYLWLHVLQ1LJHULD´
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3.
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Substitute for
sections 3-8 of the Principal Act new sections ³3- 25´ ±
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Substitution
for sections
3-8.
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³Offences
against
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3. Any person
who intentionally-
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internationally
protected
persons
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(a) murders, kidnaps or
commits other attacks on the
person or liberty
of an internationally protected
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person,
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(b) carries out
a violent attack on the official premises,
private accommodation or means
of transport of an
internationally protected
person in a manner likely
to endanger his person or liberty, or
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(c) threatens
to commit any such attack,
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commits an offence and is liable on conviction to life
imprisonment.
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4. Any person
who-
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Terrorist
meetings
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(a) arranges, manages,
assists in arranging or
managing, participates in
a meeting or an activity,
which in his knowledge is
concerned or connected
with an act of terrorism or terrorist group,
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(b) collects, or
provides logistics, equipment,
information, articles or
facilities for a meeting or
an activity, which in his
knowledge is concerned
or connected with an act
of terrorism or terrorist
group, or
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(c) attends a
meeting, which in his knowledge is to
support a proscribed
organisation or to further the
objectives of a proscribed organization,
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commits an offence
under this Act and
is liable on
conviction to
imprisonment for a term of not less than
twenty years.
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Soliciting
and 5. (1) Any person who
knowingly, in any manner, directly
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giving support
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or indirectly,
solicits or renders support -
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to terrorist
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groups for the
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commission
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(a) for the commission of an
act of terrorism,
or
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of terrorist
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(b) to a
terrorist group,
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commits an
offence under this Act and is
liable on conviction to imprisonment for
a term of not
less than twenty years.
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(2) For
the purposes of
subsection (1) of
this section,
"support" includes -
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(a) incitement to commit
a terrorist act through
the
internet, or any electronic means or
through the
use of printed
materials or through
the
dissemination of terrorist information;
(b) receipt
or provision of
material assistance,
weapons including biological, chemical or
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nuclear
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weapons,
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explosives,
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training,
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transportation,
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false
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documentation
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or
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identification
to terrorists or terrorist groups;
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(c) receipt
or provision of
information or moral
assistance,
including invitation to
adhere to a
terrorist or terrorist group;
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(d) entering or remaining in a country for the benefit
of, or at the direction of or in association with a
terrorist group; or
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(e) the
provision of, or
making available, such
financial or other
related services prohibited
under this Act
or as may
be prescribed by
regulations made pursuant to this Act.
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(3) In this
section, it is not necessary to
prove that the
material or information or
facilities or financial
assistance was actually
collected or provided if it can
be reasonably established
that the person collected or
provided the material,
information or facilities
or
financial assistance to terrorists, or terrorist groups.
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6. Any
person, who knowingly
harbours, conceals or
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Harbouring
terrorists or
hindering the
arrest of a
terrorist
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causes to
be harboured or
concealed, hinders or
interferes with
the arrest of a person
whom to his
knowledge has ±
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(a) committed
or about to
commit an act
of
terrorism,
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(b) likely to
commit an act of terrorism,
(c) is a member
of a terrorist group,
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(d) has been
convicted of an act
of terrorism but
escaped from punishment, or
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(e)
against whom he knew that a
warrant of arrest
had been issued,
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commits an offence and
is liable on conviction to
imprisonment for
a term of not
less than twenty
years.
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7. Any
person who, knowingly,
agrees to provide
or
receive training, training material or instructions ±
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Provision of
training and
instruction to
terrorist
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(a) in the
making or use of any form of explosive or
other lethal devices,
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groups or
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terrorists
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(b) in
carrying out a terrorist act, to a member of a
terrorist group,
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(c) to a person engaging in or preparing to engage
in the commission of a terrorist act, or
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(d) in
the practice of
a military exercise
or
movements but who is not
an authorized officer
acting in the performance of an official duty,
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commits an offence and
is liable on conviction, to
imprisonment for
a term of not
less than twenty
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years.
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Concealing of
information
about acts of
terrorism
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8(1) Subject to
the provisions of subsections (2) and
(3) of
this section, where a person has information which he
knows or believes to be of material assistance in-
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(a)
preventing the commission by any person
or
an organization of an act of terrorism, or
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(b) securing
the apprehension, prosecution or
conviction of another
person for an
offence
under this Act
and fails to
disclose such
information to any
law enforcement or
security officer as
soon as reasonably
practicable,
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commits an offence
under this Act and is
liable
on
conviction to imprisonment for a term
of not
less than ten
years.
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(2) It is a
defence for a person
charged with an offence
under subsection (1) of this section to prove that he-
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(a) did not know and had no reasonable cause to
suspect that the
disclosure was likely to affect
a terrorist investigation; or
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(b) has a
reasonable excuse for the
non-disclosure
or interference.
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(3) Subsection
(1) of this
section does not
require
disclosure by a legal
practitioner of any information,
belief or suspicion based on
any information, which
he obtained in privileged circumstances.
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(4) For
the purpose of
subsection (3) of
this section,
information is obtained
by a legal
practitioner in
privileged circumstances
where it is disclosed to him
by ±
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(a) his
client in connection with the provisions of
legal advice, not
being a disclosure
with a
view to furthering a criminal purpose; or
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(b) any
person for the
purpose of actual
or
contemplated legal
proceeding and not with a
view to furthering a criminal purpose.
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9. Any person who
knowingly offers to
provide, or provides
any explosive or
other lethal device to a terrorist
group, a
terrorist or any
other person for use by,
or for the benefit
of, a terrorist
group or a
member of a terrorist group,
commits an offence
and is liable
on conviction to
imprisonment for a term of not less than twenty years.
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Provision of
devices to a
terrorist
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Recruitment 10. Any person who
knowingly agrees to recruit
or recruits
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of persons to
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another person
to be a
member of a
terrorist group or
participate in
the commission of a terrorist act commits an
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be members
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of terrorist
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groups or to
participate in
terrorist acts
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offence and is
liable on conviction to imprisonment to a
term of not
less than twenty years.
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11. Any person,
who knowingly ±
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Incitement,
promotion or
solicitation
of property
for the
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(a) incites or
promotes the commission of a terrorist act,
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commission
of terrorist
acts
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(b)
incites or promotes membership in a
terrorist group,
or
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(c) solicits
property for the benefit of a
terrorist group or
for the commission of a terrorist act,
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commits an
offence and is
liable on conviction to
imprisonment
for a term of not less than twenty years.
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12. Any person
who being ±
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Provision of
facilities in
support of
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(a) the owner,
occupier, lessee or person in charge of any
building, premises, room,
or place knowingly
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terrorist acts
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permits a
meeting to be held in
that building,
premises, room
or place,
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(b) the owner,
charterer, lessee, operator, agent or
master
of a vessel or the owner,
charterer, lessee, operator,
agent or pilot
in charge of
an aircraft knowingly
permits that vessel or aircraft to be used, or
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(c) the
owner, lessee or
person in charge
of any
equipment or facility
that allows for
recording,
conferencing or meetings
through the use
of
technological
devices, knowingly permits
that
equipment, facility or
devices to be
used for
purposes of committing an
offence under this Act or
for planning, promoting or
supporting the
commission of a terrorist act,
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commits an offence and is liable on conviction to life
imprisonment.
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13.(1) Any
person or entity who, in or outside Nigeria-
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Financing of
terrorism
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(a) solicits, acquires, provides, collects, receives,
possesses or makes
available funds, property
or
other services by any means to ±
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(i) terrorists,
or
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(ii)
terrorist groups, directly or indirectly with the
intention or knowledge
or having reasonable
grounds to believe
that such funds or property
will be used in full or in part in order to commit
an offence under this Act
or in breach of
the
provisions of this Act,
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(b) posseses
funds intending that it be used or knowing
that it will be used,
directly or indirectly , in whole
or in part,
for the purpose
of committing or
facilitating the commission
of a terrorist
act by
terrorist or terrorist groups,
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commits an offence under
this Act and is liable on
conviction to
imprisonment for life imprisonment.
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(2) Any
person who knowingly
enters into, or becomes
involved in an arrangement ±
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(a) which
facilitates the acquisition, retention
or control
by or on behalf of another
person of terrorist fund
by concealment, removal out of jurisdiction, transfer
to a nominee or in any other way, or
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(b) as a result
of which funds or other property are
to be
made available for
the purposes of terrorism or for
the benefit of
a specified entity
or proscribed
organization,
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commits an offence under this Act
and is liable on
conviction for life imprisonment.
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(3) For an act
to constitute an offence under this
section, it is
not necessary that the
funds or property were actually
used to commit any offence of terrorism.
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Dealing in 14. (1) A person or entity who, knowingly -
terrorist
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property
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(a) deals,
directly or indirectly, in any terrorist funds;
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(b) acquires or
possesses terrorist fund,
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(c) enters into, or facilitates, directly or indirectly, any
transaction in respect of a terrorist funds,
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(d) converts,
conceals, or disguises terrorist
funds or
property, or
|
(e) provides
financial or other services
in respect of
terrorist fund or
property at the
direction of a
terrorist or terrorist group,
|
commits an offence under this Act
and is liable on
conviction to imprisonment for
a term of not
less
than twenty
years.
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(2) It is a defense for a person charged under subsection (1)
of this section to prove
that he did not know and had no
reasonable cause to
suspect or believe
that the
arrangement is related to a terrorist property.
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Hostage
taking
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15. (1) Any
person who knowingly-
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(a) seizes,
detains or attempts to seize or detain,
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(b) threatens
to kill, injures or
continues to detain
another person in order to compel a third party to
do or abstain from doing any act, or
|
(c) gives
an explicit or
implicit condition for
the
release of the person held hostage,
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commits an offence
under this Act and is liable
on
conviction to
life imprisonment.
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(2) In
this section, a
"third party" means
a state, an
international
governmental
organisation, a natural
or
legal person or a group of persons.
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16. (1) Any
person who is a
member or professes to be
a
member of a terrorist
group commits an offence and
is liable on conviction
to imprisonment for a term of
not less than twenty years.
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Membership
of a terrorist
group or
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proscribed
organization
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(2) It is a
defence for a person
charged with an offence
under this section
to prove that the entity in
respect
of which the charge
is brought was not
a terrorist
group at or on the date that he±
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(a) became a
member of that entity;
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(b) professed
to be a member of that entity; or
|
(c) has not
taken part in the activities of that entity,
after it became a terrorist group.
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(3) Any person who belongs or professes to belong to a
proscribed
organisation commits an
offence under
this Act and is
liable on conviction to imprisonment
for a term of not less than twenty years.
|
(4) It is a defence for a person charged under subsection
(3) of this section to
prove that the organisation had
not been declared
a proscribed organisation at
the
time the person charged
became or began to profess
to be a member of the
organisation and that he has
not taken part in
the activities of the organisation at
any time after it has been
declared to be a proscribed
organisation.
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17. Any person who
conspires with another to commit an
offence under this
Act in Nigeria,
or to commit
a
terrorist act in any place outside Nigeria being an act,
which if done
in Nigeria would have
constituted an
offence under this
Act, shall be
deemed to have
conspired to do
that act in
Nigeria and is
liable on
conviction to ±
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Conspiracy
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(a) life imprisonment where
the act of terrorism
is
committed; and
|
(b) an
imprisonment for a
term of not
less than
twenty years, where
the act of
conspiracy is
committed.
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18. A person
who knowingly, directly or indirectly-
(a) aids and abets,
|
Aiding and
abetting
|
(b) induces,
incites, instigates, instructs,
|
(c) counsels
or procures another
person by any
means whatsoever to commit an act of terrorism,
|
commits an
offence and is liable on conviction -
|
(a) where the
act of terrorism is committed, to
life
imprisonment; and
|
(b) where the
offence of terrorism is not committed,
to an imprisonment for
a term of not less
than
twenty years.
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Escape or
aiding and
abetting
escape
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19. Any person
who -
|
(a) being in
lawful custody, escapes; or
|
(b) aids,
facilitates or abets the escape of a
person who
is in lawful
custody of any
law enforcement or
security agency or
a person suspected
to have
committed an offence
under any of the provisions
of this Act,
|
commits an offence and
is liable on conviction to life
imprisonment.
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Attempt to
commit an
offence
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20. (1) Any
person who attempts to commit any
offence under
this Act is liable on conviction to life imprisonment.
|
under this
Act
|
(2) Where a person
is charged with any of
the offences
under this Act and the evidence establishes an attempt
to commit that
offence, he may
be convicted of
having attempted to
commit the offence and is liable
on conviction to a life imprisonment.
|
(3) Where a
person is charged with an attempt
to commit
an offence under
this Act, but
the evidence
|
establishes the
commission of the
full offence, the
offender is not
entitled to acquittal but
is convicted
for the
commission of the offence
and is liable on
conviction to
life imprisonment.
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Preparation 21. Any person who engages in
any conduct in preparation to
|
to commit
|
commit acts
of terrorism or
assisting another person to
|
terrorist
|
commit an
act of terrorism
commits an offence
and is
|
acts
|
liable on
conviction to life imprisonment.
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Unlawful
|
22. Any
person who, with
intent to deceive,
unlawfully
assumes the name, character
or designation of an officer of
any law enforcement or
security agency commits
an
offence under this
Act and is
liable on conviction
to
imprisonment for not less than five years.
|
assumption
of character
of officer of
any law
|
enforcemen
t or security
|
Tampering 23. A person who tampers with ±
|
with
|
evidence
|
(a) a
witness by intimidation, threats,
blackmail or
|
and
|
witness
|
similar acts,
or
|
(b) evidence
or exhibit by
falsification, conversion,
destruction or forgery,
|
commits an
offence under this
Act and is
liable on
conviction to
imprisonment for a term not less than five
years.
|
Obstruction 24. (1) Any person who -
|
of any officer
of a law
|
(a) willfully
obstructs any authorized
officer of a
|
enforcement
or security
agency
|
relevant enforcement or
security agency in
the
exercise of any
of the powers conferred on it by this
Act, or
|
(b) fails to comply
with any lawful enquiry or
request
or information, wherever
located, made by
any
|
authorized officer
in accordance with the provisions
of this Act,
|
commits an
offence and is
liable on conviction
to
imprisonment
for a term not less than five years.
|
(2) Any person
who ±
|
(a) refuses
any officer the relevant law enforcement or
security agency
access to any premises, or fails
to
submit to a search by
a person authorized to search
him under this Act,
|
(b) assaults,
or obstructs any officer of the
relevant law
enforcement or security
agency in the execution of
his duty under this Act, or
|
(c) fails to produce
or conceals or attempts to conceal
from an officer of the relevant law enforcement or
security agency, any book,
document, information
storage system or article in
relation to which such
officer has reasonable
grounds for suspecting
or
believing that an offence under this Act or any other
law prohibiting terrorism
has been or
is being
committed, or which
is liable to seizure
under this
Act,
|
commits an
offence and is
liable on conviction to
imprisonment
for a term of not less than five years.
|
(3) Any person
who ±
|
(a) discloses
to another anything
which is likely
to
prejudice a terrorist investigation, or
|
(b) interferes with
material which is
likely to
undermine a terrorist
investigation, or likely to be
relevant to a terrorist investigation,
|
commits an
offence under this Act and is liable on
|
conviction
to imprisonment for a
term of not less
than five
years.
|
(4) It is
a defence for a person charged
with an offence under
subsection (3) of this section to prove that he did not know
and had no reasonable
cause to suspect that the disclosure
was likely to affect a terrorist investigation.
|
25.(1) Where
an offence under
this Act committed
by an
entity is proved to have been committed on the instigation
or with the connivance of, or is attributable to any neglect
on the part of a
director, manager, secretary of the entity
or any person
purported to act in any
such capacity, the
officer is liable on conviction to life imprisonment.
|
Offences by
an entity
|
(2) Where an
entity is convicted of an offence
under this Act,
it is liable to the forfeiture of any assets, funds or property
used or intended
to be used in
the commission of
the
offence and the court may
issue an order to windup the
entity or withdraw the practice licence of the entity and its
principal officers or both.
|
(3) Where
the court orders the
entity to be
wound up, its
assets and properties shall be transferred to the Federation
Account.
|
(4) Nothing
contained in subsections
(1) and (2)
of this
section shall render any
person liable to punishment if he
proves that the
offence was committed
without his
knowledge or that
he exercised all
due diligence to
prevent the commission of such offence.´
|
4.
|
Substitute for
section 10 of the Principal Act a new section ³10´ ±
|
Substitution
for section
10.
|
10 (1) A person or
body corporate who, in any
manner,
|
³)XQGVWR
|
support
|
directly or
indirectly, willingly provides,
solicits or
collects
any fund or attempts to provide, solicit or
collect any fund
with the intention or knowledge
|
terrorism
|
that they will
be used, in full or in part to -
(a) finance a terrorist or terrorist organization,
|
(b) commit an offence
in breach of an enactment
specified in the Schedule to this Act, or
|
(c) do
any other act intended
to cause death
or
serious bodily injury
to a civilian or any other
person not taking active part in the hostilities in
a situation of armed
conflict, when the purpose
of such act,
by its nature
or context, is
to
intimidate a group
of people or to
compel a
government or an
international organization to
do or abstain from doing any act,
|
commits an
offence under this Act and is liable
on
conviction
to imprisonment for a term of
not less
than ten years
and in the case of a corporate
body
±
|
(i) to a fine
of not less than
|
(ii) the prosecution of the
principal officers
of the corporate body
who are on
conviction be liable to imprisonment for a
term of not less than ten years, and
|
(iii) the
winding up of the
corporate body
and prohibition from
its reconstitution or
incorporation under any form or guise.
|
(2) An
offence under this section shall apply,
regardless of
whether the person
alleged to have committed the
offence
is in the same country
or a different country from the one
in which ±
|
(a) the terrorist, terrorist group or
proscribed
organisation is located;
or
|
(b) the terrorist act occurred or is planned to
occur.
|
(3) In proving
the offence of terrorist financing, it
shall not be
required that the funds:
|
(a) were actually used to carry out terrorist
acts;
(b) were used to attempt a terrorist act; or
(c) be linked to a specific terrorist act.
|
(4) For the purpose
of this section, intention
may be inferred
from objective factual circumstances.´
|
5.
6.
|
Section 11 of
the Principal Act is deleted.
|
Deletion of
section 11.
|
Section 12 of
the Principal Act is amended by-
|
Amendment of
section
12.
|
(a) substituting for
WKHZRUG³FDVK´LQVXEVHFWLRQVDQG
(7), WKHZRUGV³IXQGVRUSURSHUW\´; and
|
(b) deleting
subsection (8).
|
7.
|
Substitute for
section 13 of the Principal Act a new section ³´ ±
|
Substitution
for section
13.
|
³)XQGVRU
property used
for terrorist
acts
|
13(1) Any person or body corporate, who, in or outside
Nigeria ±
|
(a) solicits, acquires, provides,
collects, receives,
possesses or makes available funds, property or
other services by
any means, whether
legitimate or otherwise, to ±
|
(i) terrorist
organisation, or
|
(ii) individual
terrorist, directly or indirectly,
willingly with the
unlawful intention or
knowledge or having
reasonable grounds
to believe that such funds or property will
be used in
full or in
part in order
to
commit or facilitate an
offence under this
|
Act or in breach of the provisions of this
Act,
|
(b) attempts to do any of the acts specified in paragraph
(a) of this subsection, and
|
(c) possesses
funds with the unlawful intention
that it be
used or knowing
that it will
be used, directly
or
indirectly, in whole
or in part, for
the purpose of
committing or facilitating the
commission of a
terrorist act by terrorists or terrorist groups,
|
commits an
offence under this
Act and is
liable on
conviction to imprisonment for a
term of not less
than
ten years and not
more than life imprisonment.
|
(2) Any person
who knowingly enters into or
becomes
involved, participates as an
accomplice, organizes or
directs others in an arrangement ±
|
(a) which
facilitates the acquisition, retention
or
control by or
on behalf of
another person of
terrorist fund by
concealment, removal out
of
jurisdiction, transfer to a nominee or in any other
way, or
|
(b) as a result
of which funds or other
property is to
be made available for the purpose of terrorism or
for the benefit of ±
|
(i) terrorist
individual,
|
(ii) terrorist
organization, or
(iii)
proscribed organization,
|
commits an
offence under this Act is liable on conviction
to life
imprisonment.
|
(3) For an
act to constitute an offence under
this section,
|
it is
not necessary that the
funds or property
were
actually used
to commit any offence of terrorism.
|
(4) An offence under this section shall apply, regardless
of whether the person
alleged to have committed the
offence is in the same country or a different
country
from the one in which ±
|
(a) the
terrorist, terrorist group
or proscribed
organisation is located;
or
|
(b) the
terrorist act occurred
or is planned
to
occur.
|
(5) Where an offence is committed by a corporate body
under this section, it
is on conviction liable to
a fine
of not less than
|
(a) the prosecution of the principal officers of the
corporate body who, on conviction are liable to
imprisonment for a term
of not less than
ten
years; or
|
(b) the
winding-up of the
corporate body and
|
prohibition
|
from
|
its
|
reconstitution
|
or
|
LQFRUSRUDWLRQXQGHUDQ\IRUPRUJXLVH´
|
8.
|
Section 14 of
the Principal Act is amended ±
|
Amendment of
section
14.
|
(a) in subsection (1), by substituting for WKHZRUGV³ZLWKLQD
SHULRG RI QRW
PRUH WKDQ KRXUV´ in line
2, the words
³LPPHGLDWHO\EXWQRWODWHUWKDQKRXUV´
|
(b) by substituting for subsection (4),
DQHZVXEVHFWLRQ³´
-
|
³$Q\ person who commits an
offence under this
Act is liable on
conviction to a minimum fine of
N10,000,000.00 or a
term of imprisonment of
not less than 5 years´;
|
(c) in
subsection (6), by
substituting for the
expression
³
five years for the principal
officers of the institution or the
defaXOWLQJRIILFHU´DQHZH[SUHVVLR, ³OLDEOHWRDPLQLPXP
fine of 20,000,000.00 or imprisonment term
of not less
than ten years for the principal officers of the institution´.
|
9.
|
Section 15 of
the Principal Act is amended by ±
|
Amendment of
section
15.
|
(a) deleting
subsection (1);
|
(b) renumbering
the existing subsections (2) (3), (4), (5), (6),
(7), (8), (9) and (10)
as subsections (1) (2) (3), (4),
(5),
(6), (7), (8) and (9);
|
FGHOHWLQJWKHZRUGV³,QVSHFWRU*HQHUDORI3ROLFHDQGWKH
1DWLRQDO6HFXULW\$GYLVHU´LQVXEVHFWLRQVDQG
(10) and insert the words ³$WWRUQH\*HQHUDOVKDOODSSO\WR
WKH-XGJHLQ&KDPEHUV´; and
|
(d) substituting for
subsections (3), (5),(7)
and (9), new
subsections ³´³5
´,´7 ´ and ³9 ´- |
³(3) Where a person is
charged or about to be charged
with an offence under
this Act, the Attorney General
shall apply to
the Judge in
Chambers for a
provisional order to
attach all monies
and other
property belonging to,
or held on
behalf, of the
suspect.
|
(5) The
Attorney General shall -
|
(a) cause
notice of the order to be published in
the
Official Gazette and
in two national
newspapers; and
|
(b) give notice
of the order to -
|
(i) banks,
financial institutions and
cash
dealers, or
|
(ii) any
other person who may
hold or be
vested with property
belonging to or held
on behalf of the suspect.
|
(7) Where
an order under this
section ceases to have
effect, the
Attorney-General shall cause
notice to be
published in the Official Gazette
and two national
daily newspapers.
|
(9) Where the
Attorney-General has reasonable
grounds
to suspect that
a person has
committed, is
committing or is likely to
commit an act of terrorism
or is in possession
of terrorist property, he may, for
the purposes of an investigation under this Act, apply
to a Judge in Chambers for the accused person for an
order compelling the suspect to deliver
to him any
document relevant to
identifying, locating any
property belonging to, or in the possession or control
of that person.´
|
10. Sections 16 and 17 of the Principal Act
are deleted.
|
Deletion of
sections 16
and 17
|
11. Substitute for section 24 of the
Principal Act a new section ³´-
|
Amendment of
section
24.
|
³,VVXDQFHRI
|
24. (1) An officer
of any duly authorized
enforcement law
or security agency may apply exparteto the court for
|
warrant for
|
terrorist
|
investigation
|
the issuance
of a warrant
for the purposes
of a
terrorist
investigation.
|
(2) The
court may issue a warrant authorizing an officer
of any law enforcement and security agency to-
|
(a) enter the premises or conveyance specified or
described in the warrant;
|
(b) search
the premises or
conveyance and any
person found therein; and
|
(c) seize
and detain any relevant
material found
therein.
|
(3) The court shall not issue a warrant under subsection
(2) of this section unless the court is satisfied that ±
|
(a) the warrant
is sought to prevent the commission
of an offence under
this Act or to prevent
the
interference in an investigation under this Act;
|
(b) the warrant
is used for the purpose of a terrorist
investigation;
|
(c) there are reasonable grounds for
believing that
there is a person or
material on the premises or
conveyance which may
be relevant to
the
terrorist investigation; or
|
(d) the person
being sought is preparing or about to
commit an offence under this Act.
|
(4) Where
a seizure is
effected in the
course of search
or
investigation under this
section, a copy of the list
of all the
articles, documents and other materials seized shall be made,
duly endorsed and handed to each of the following -
|
(a) person on
whom the search is made; or
|
(b) owner of
the premises, place or conveyance
VHL]HG´
|
12. Substitute for section 25 of the
Principal Act a new section ³´ -
|
Amendment of
section
25.
|
³,QYHVWLJDWLRQ
and search
|
25 (1) Where
in a case of verifiable
urgency, or a life is
threatened, or to prevent
the commission of an offence
provided under this Act, and an
application to the court
or to a Judge in
Chambers to obtain a warrant would
|
without warrant
|
cause delay
that may be prejudicial to the maintenance
of public
safety or order,
an officer of
any law
enforcement or
security agency may, without prejudice
to the provisions of
section 28 this Act or any
other
law, with the assistance of such
other officers as may
be
necessary and while search warrant is being sought
for -
|
(a) enter and
search any premises or place if
he
has reason to
suspect that, within
those
premises, place or conveyance -
|
(i) an
offence under this
Act is being
committed or likely to be committed,
|
(ii) there
is evidence of the commission of an
offence under this Act, or
|
(iii) there
is an urgent
need to prevent
the
commission of an offence
under this Act,
or
|
(b) search
any person or
conveyance found on
any premises or place
which such officer is
empowered to enter
and search under
paragraph (a) of this subsection;
|
(c) stop,
board and search any conveyance where
the officer has reasons
to suspect that there is
evidence of the commission or likelihood of
the commission of an offence under this Act;
|
(e) arrest,
search and detain any person whom the
|
officer
|
reasonably
|
suspects
|
to
|
have
|
committed or
likely to commit
an offence
under this Act.
|
(2) Where a seizure is effected in
the course of search or
investigation under this section, a copy of the list of all
the articles, documents
and other materials seized shall
|
be made, duly
endorsed and handed to the-
(a) person on whom the search is made; or
|
(b) owner of
the premises, place or conveyance
seized.
|
(3) Notwithstanding the provisions
of subsection (1) of
this section, a
woman shall only
be searched by a
woman.
|
(4) Nothing in this
section shall be construed as derogating
from the lawful
right of any person in defence of his
person or property.´
|
13. Substitute for sections
26 -29 of the Principal Act new sections ³26- Substitution for sections
|
26 - 29
|
.
|
34´ -
|
³
|
Recording,
|
26(1) Any law
enforcement or security
officer shall take
and record, for
the purpose of
identification and
evidence, the
measurements, samples, photographs
and fingerprint impressions of all persons who may,
from time to
time, be in
lawful custody for
any
offence under this Act.
|
measurements
samples,
|
photographs or
fingerprint
impressions
during
|
investigations
|
(2) A person
who refuses to submit to
the taking and
recording of his
measurements, photographs or
fingerprint
impressions shall be
taken before the
court and where the
court is satisfied
that such a
person is in lawful custody, it
shall make such order
as it deems
fit authorising the
law enforcement
officer to take
measurements, photographs and
fingerprint impressions of such a person.
|
Detention for
offences
|
27(1) The court may, pursuant to an
ex-parte application,
grant an order for the
detention of a suspect
under
|
related to
terrorism
|
this Act for a
period not exceeding 90 days subject to
renewal
for a
similar period until the conclusion of
the investigation and prosecution of the matter
that
led to the
arrest and detention is dispensed with.
|
(2) Any
officer of the
law enforcement or
security
agency may use such force
as may be reasonably
necessary for the
exercise of the powers conferred
by subsection (1) of this section.
|
(3) A
person found on any premises or place or
in any
conveyance may be detained
by the relevant law
enforcement officer of
any agency until
the
completion of the search
or investigation under the
provisions of this Act.
|
Access to a
detained person
pending
|
28. (1)
Where a person
is arrested under
reasonable
suspicion of having
committed any offence under
this Act, the relevant
law enforcement or security
officer may direct
that the person
arrested be
detained in custody
for a period
not exceeding
forty-eight hours
from his arrest, without having
access to -
|
conclusion of
terrorist
|
investigation
|
(a) any person other than a
medical officer of
the relevant law
enforcement or security
agency or his counsel; or
|
(b) any phone
or communication gadget.
|
(2) A direction
under subsection (1) of
this section
shall not be
issued unless the
law enforcement
agency has reasonable
grounds to believe
that
giving access to any person, other than the medical
officer or his
counsel as specified
in that
subsection shall-
|
(a) lead to
interference with or destruction
of
the evidence connected
with an offence
under this Act
or to interference with or
|
physical injury
to other persons;
|
(b) lead to alerting
of other persons suspected
of having committed an
offence under this
Act or any other law
but who are not yet
arrested; or
|
(c) hinder the
tracking, search and seizure
of
terrorist property.
|
(3) As soon as a
direction is issued under
subsection
(1) of this section,
the person detained shall
be
informed that he
may, if he
so wishes, be
examined by a
medical officer or
speak to his
counsel.
|
(4) Where
a person arrested under this Act is granted
bail by a
court within the
90 days detention
period stipulated by this
Act, the person may, on
the approval of
the Head of
the relevant law
enforcement agency be
placed under a
house
arrest and shall ±
|
(a) be monitored by its officers;
|
(b) have
no access to
phones or
communication gadgets; and
|
(c) speak
only to his
counsel until the
conclusion of the investigation.
|
29. (1) Without
prejudice to any other law, the relevant law
enforcement agency with
the approval of
the
Attorney - General of
the Federation may, with
the approval of
the Coordinator on
National
Security for the
purpose of the
prevention of
terrorist acts or
to enhance the
detection of
offences related to the
preparation of a terrorist
act or the prosecution of offenders under this Act,
|
Intelligence
gathering
|
apply ex-parte to a judge for
an interception of
communication
order.
|
(2) A
judge to whom an
application is made
under
subsection (1) may make an order to ±
|
(a) require
a communication service provider to
|
intercept
|
and
|
retain
|
a
|
specified
|
communication or
communications of a
specified
description received or transmitted
or about to be
received or transmitted by that
communications
service provider;
|
(b) authorize
the relevant law
enforcement
agency to enter any premises and to install in
such premises, any
device for the
|
interception
|
and
|
retention
|
of
|
a
|
communication
|
or communications of
|
specified description and
to remove and
retain such
a device for
the purpose of
intelligence
gathering; and
|
(c) authorize
the relevant law
enforcement
agency to execute
covert operations in
relation to an identified or
suspected terrorist
group or persons for the purpose of gathering
intelligence.
|
(3) An
order under this
section shall specify
the
maximum period for
which a communications
service provider may
be required to
retain
communications data.
|
(4) Any
information contained in a communication ±
|
(a)
intercepted and retained pursuant to
an order
under subsection (3), or
|
(b)
intercepted and retained in
a foreign state in
accordance with the law of
that foreign state
|
and certified
by a judge of that foreign state to
have been so
intercepted and retained,
|
shall be
admissible in a proceeding for an
offence
under this
Act, as evidence
of the truth
of its
content.
|
(5) In this
section ±
|
"communications service
provider" means a
person who
provides postal, information or
|
communication
|
services,
|
including
|
telecommunications
services; and
|
"data" means
information generated, sent,
received or
stored that can
be retrieved by
electronic, magnetic, optical
or any similar
means.
|
Detention
of 30. (1) Any
authorised officer of
the relevant law
|
a conveyance
|
enforcement or
security agency may
issue a
|
detention order
in respect of a conveyance, if he is
of
the opinion
that -
|
(a) a threat has
been made to commit an
act of
violence against the
conveyance or against
any person or
property on board
the
conveyance;
|
(b) the
conveyance is used or intended to be used
to commit an offence under this Act, or
|
(c) an act of
violence is likely to be
committed
against the conveyance, or
against any
person or property on board the conveyance.
|
(2)Where the
operator of a conveyance fails to
comply
with a detention order
under subsection (1) of this
section, the authorized person may ±
|
(a) enter
or authorize any other person to enter
the conveyance; or
|
(b)arrange for the
person or thing under threat
to be removed from the conveyance.
|
(3) The authorised officer shall give written notice to
the operator of the
conveyance of any detention
order issue under this section.
|
(4) Where the
operator of a conveyance objects
to a
detention order made
pursuant to this section, the
operator may apply
to the court,
and the court
may, after considering
the application, confirm,
vary or cancel the order.
|
(5)In this
section
|
³FRQYH\DQFH´ PHDQV DQ DLUFUDIW WUDLQ YHKLFOH
vessel or any
other mode of transportation.
|
(6) Any person
who ±
|
(a) without reasonable excuse,
fails to comply
with the requirement of a detention order; or
|
(b)
intentionally obstructs or hinders any
person
acting in accordance
with subsection (2) of
this section,
|
commits an
offence under this Act
and is
liable on
conviction to a fine of N5,000,000
or
imprisonment for a term of not less
than
five years.
|
(7) Subsection
7 of the Principal Act is deleted.
|
31.(1) A
video recording shall be made and kept in respect
of any person,
conveyance or property
detained
|
Video
|
recording and
custody of
records
|
under any provision of this Act as may
be required
by the relevant
enforcement or security agency.
|
(2) Records
in respect of
any person, conveyance or
property detained
under any provision of this
Act
shall be kept
in the custody
of the relevant
enforcement or security agency.
|
(3) A
video recording and
other forms of
electronic
evidence shall be admissible in evidence before any
court of competent
jurisdiction in Nigeria
for
offences under this Act
subject to the provisions of
the Evidence Act.
|
(4) In
this section, "video recording" includes
the
recording of visual images or
sound by electronic
or other technological means.
|
Evidence
by 32. Where in any proceeding for an offence under this Act,
|
certificate
|
question arises
as to whether anything or substance is a
|
weapon, a hazardous, radioactive or harmful substance,
a toxic chemical or
microbial or other biological agent
or toxin,
a certificate purporting
to be signed
by an
appropriate authority
to the effect
that the thing
or
substance described
in the certificate is
a weapon,
hazardous, radioactive
or harmful substance,
a toxic
chemical
or other biological agent , shall be
admissible
in evidence
without proof of the signature of
the person
appearing
to have signed it and shall, in the absence of
evidence to
the contrary, be proof
of the facts
stated
therein.
|
33. Where
a person volunteers to
the relevant law
|
Protection of
|
informants and
information
|
enforcement or
security agency any
information that
may be useful in the investigation or prosecution of an
offence under
this Act, the
agency shall take
all
reasonable measures to
protect the identity and life
of
that
person and the information so volunteered shall be
|
treated as
confidential.
|
Protection of
persons and
witnesses
|
34. (1) The
court may, on its
own or on a
motion by the
Attorney-General or a
relevant law enforcement or
security agency, protect
a witness or any person in any
proceeding before it
where it is satisfied that the life of
the person or
witness is in
danger and take
such
measures as it deems fit to
keep the identity and address
of the witness or person secret.
|
(2) The
measures which the
court may take
under
subsection (1) of this section may include the-
|
(a) holding
of the proceeding
at a place
to be
decided by the court;
|
(b) avoidance
of the mention of the real name and
address of the
witness or person in its orders,
judgments or records of
the case, which
are
accessible to the public; or
|
(c) issuing
of a direction
for ensuring that
the
identity and address of the
witness or person
are not disclosed;
|
(d)
undertaking the proceeding in
camera in order
to protect the
identity and location
of
witnesses and other persons.
|
(3) The court may also decide, in the public interest and
national security that ±
|
(a) all or
any of the proceedings
pending before
the court shall not be published in any manner;
and
|
(b) that such
proceedings shall be adjourned and
the accused persons
detained pending when
the Attorney-General
is able to guarantee the
|
safety of
the witnesses and
other persons
involved in the
matter.
|
(4) The court may, on an application by or on behalf of
the relevant law
enforcement or security agency, in
the interest of public safety or
order, exclude from
proceedings for any
offence under this
Act any
person other than
the parties and
their legal
representatives.
|
(5) A person
who contravenes an order or direction made
under this section commits an
offence and is liable
on conviction to
imprisonment term of not less than
five years.´
|
14. Section 31 of the Principal Act is
deleted.
|
Deletion of
section 31.
|
15. Substitute for section 32 of the
Principal Act a new section ³´±
|
Substitution
for section
32.
|
Jurisdiction 32. (1) The Federal High
Court located in any part of Nigeria,
|
to try
|
regardless of
the location where
the offence is
committed,
shall have jurisdiction to ±
|
offences
|
under this
|
Act
|
(a) try offences under
this Act or
any other related
enactment;
|
(b) hear and
determine proceedings arising
under this
Act; and
|
(c) whether
or not the
offence was commenced
in
Nigeria and completed
outside Nigeria and
the
victim is ±
|
(i) a citizen or resident of Nigeria,
|
(ii)
|
not a citizen
of any country
but
ordinarily
resident in Nigeria,
|
(iii ) in transit or has a link with Nigeria,
|
(iv) dealing
with or on
behalf of the
Government of Nigeria, or
a citizen of
Nigeria or an
entity registered in
Nigeria, or
|
(v) the alleged
offender is in Nigeria
and
not extradited to any
other country for
prosecution.
|
(2) The Federal
High Court shall have
jurisdiction to impose
any penalty provided for
an offence under this Act or any
other related law.
|
(3)
Whenever any person is convicted of an offence under this
Act, the court in passing
sentence shall, in addition to any
punishment which the
court may impose in respect of the
offence, order the forfeiture of any ±
|
(a) terrorist
fund with accrued interest,
(b) terrorist
property,
|
(c)
article, substance, device or
material by means
of which the offence was committed, or
|
(d) conveyance
used in the
commission of the
offence,
|
which is
reasonably believed to have
been used in
the
commission of
the offence or
for the purpose of
or in
connection with
the commission of the offence and which
may have
been seized under
this Act or
is in the
possession or
custody or under
the control of
the
convicted
person, to the Federal Government of Nigeria.
|
(4) Notwithstanding subsection
(3) of this
section, and on
application of the
Attorney - General, the prison sentence
imposed on a person convicted of
an offence referred to in
that subsection may
be reduced in
such manner as
the
|
court deems
fit where that
person has, before
any
proceeding,
made possible or facilitated the identification
of other accused persons and their sponsors or who, after
the
commencement of the proceedings, has
made possible
or facilitated
the arrest of such persons.
|
(5) In any trial
for an offence under this Act,
the court shall
have power,
notwithstanding anything to the
contrary in
any other enactment, adopt all legal measures necessary to
avoid unnecessary delays
and abuse in
the conduct of
matters.
|
(6) Subject to the provisions of the
Constitution of the Federal
Republic of Nigeria, an application for stay of proceedings
in respect of any criminal matter brought under
this Act
shall not be entertained until judgment is delivered.´
|
16. Substitute for section 33 of the
Principal Act a new section ³´±
|
Substitution
for section
33.
|
³3HQDOWLHV
33(1)
|
The court before which
a person is convicted of an
offence under
this Act may, in addition to any penalty
imposed by
the court, order
the forfeiture of
any
proceed or fund
traceable to a terrorist act and
includes
proceed or
fund irrespective of the
person in whose
names such
proceeds or funds are standing or in
whose
possession they
are found.
|
(2) In addition
to the sanctions provided for under
this Act,
a body corporate found liable under this
Act may be
subjected to civil
proceedings and any
other
DGPLQLVWUDWLYHVDQFWLRQVE\WKHUHOHYDQWDXWKRULWLHV´
|
17. Section 34 of the Principal Act is
deleted.
|
Deletion of section
34.
|
18. Sections
36 (2), 37 (1) and
38 of the Principal Act are
amended by Amendment of section
36, 37 and 38.
|
VXEVWLWXWLQJ IRU WKHZRUGV ³0LQLVWHURI
,QWHUQDO $IIDLUV´ ,
the words
|
³1LJHULDQ,PPLJUDWLRQ6HUYLFH´ZKHUHYHUWKH\DSSHDU
|
19. Section 40 of the Principal Act is
amended by ±
|
Amendment of
section
40.
|
(a) substituting for
the words ³&DVK 'HDOHUV´ , the
words
³%XUHDX'¶&KDQJH´;
|
(b) deleting
the GHILQLWLRQ RI WKH SKUDVH ³&RXQWHU 7HUURULVP
&RQYHQWLRQ´FRntained in paragraphs (a) ± (m);
|
(c) E\
LQVHUWLQJ LPPHGLDWHO\
DIWHU WKH GHILQLWLRQ RI
µODZ
HQIRUFHPHQWDJHQF\´, the following definition -
|
³/DZ (QIRUFHPHQW DQG 6HFXULW\ $JHQF\´ LQFOXGHV
Nigerian Armed
Forces and Nigeria
Prisons Service
immediately
after paragraph (j) of the Principal Act;
|
(d) VXEVWLWXWLQJ IRU WKH GHILQLWLRQ RI
WKH ZRUGV ³SURVFULEHG
RUJDQL]DWLRQ´DIWHUWKHGHILQLWLRQRIWKHZRUGV³SURFHHGVRI
WHUURULVP´, the following new definition ±
|
³SURVFULEHGRUJDQL]DWLRQ´LVDJURXSLQYROYHGLQWHUURULVP
and is
prohibited by law from operating in Nigeria and ±
|
(i) declared
to be a
proscribed organization under
section 2 of this Act; and
|
(ii)
includes a group which has been declared to be an
international terrorist
group under section 9 of this
Act;
|
(e) LQVHUWLQJ
DIWHU WKH GHILQLWLRQ
RI WKH ZRUGV ³WHUURULVP
LQYHVWLJDWLRQ´WKHIROORZLQJ±
|
³WHUURULVW´PHDQVDQ\SHUVRQLQYROYHGLQWKHRIIHQFHVXQGHU
sections 1-4 of
this Act and includes KLVVSRQVRU´ ; and
|
(f)
substituting IRUWKHGHILQLWLRQRIWKHZRUG³WHUURULVW´ , a new
definition ±
³WHUURULVW´PHDQVDQ\ natural person who commits
any of
|
the following
acts ±
|
(i) commission or attempting
to commit, terrorist acts
intentionally by any
means, either directly
or
indirectly,
|
(ii)
participation as an accomplice in terrorist acts, or
|
(iii) organizing
terrorist acts or
directing others to
commit such acts,
|
(iv)
contributing to the commission of terrorist
acts with
a group of persons
acting with a common
purpose
where the contribution is
made intentionally and
with the aim of furthering the terrorist act or with the
knowledge of the
intention of the group to
commit a
terrorist act;
|
(g) inserting
after the definition
of terrorist, the
following
definition-
|
³WHUURULVW DFW´, in addition
to the provisions of
the
renumbered
section 1 subsection (3) of the Principal Act,
means an act
which constitutes an offence
according to
the following
agreements -
|
(i) Convention
for the Suppression
of Unlawful
Seizure of Aircraft, 1970,
|
(ii) Convention
for the Suppression of Unlawful
Acts against the Safety of Civil Aviation, 1971,
|
(iii)
Convention on the Prevention and
Punishment
of Crimes against
Internationally Protected
Persons; including Diplomatic Agents, 1973,
|
(iv) International Convention against the
Taking of
Hostages, 1979,
|
(v) Convention on
the Physical Protection of
|
Nuclear
Material, 1980,
|
(vi) 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, 1988,
|
(vii) Convention
for the Suppression
of Unlawful
Acts against the Safety of Maritime Navigation,
1988,
|
(ix) Protocol for the Suppression of Unlawful
Acts
against the Safety of
Fixed Platforms located
on the Continental Shelf, 1988,
|
(ix) The
International Convention for the
Suppression of Terrorist Bombing, 1997,
|
(x) The
Convention against Terrorist Financing,
|
(xi) Convention
on Offences and certain other Acts
committed on Board
Aircraft, and
|
(xii)Convention on
the Making of
Plastic
Explosives for the purpose of Detection; and
|
(h) inserting immediately after
the definition of the
words
³WHUURULVW LQYHVWLJDWLRQ´ LQ WKH
3ULQFLSDO $FW WKH
following ±
|
³WHUURULVWRUJDQL]DWLRQ´PHDQVDQ\JURXSRIWHUURULVW
that ±
|
(i)
commits, or attempts to commit terrorist acts
by any means,
directly or indirectly,
unlawfully and willfully,
|
(ii)
participates as an accomplice in terrorist acts,
|
(iii) organizes
or directs others
to commit
terrorist acts, or
|
(iv) contributes
to the commission
of terrorist
acts by a
group of persons
acting with a
common purpose where the contribution is
made intentionally and
with the aim
of
furthering the terrorist
act or with
the
knowledge of the
intention of the group
to
FRPPLWDWHUURULVWDFW´DQG
|
(i) substituting for
the words, ³SURVHFXWLQJ DJHQF\´
wherever they appear in
the Principal Act, the words
³3URVHFXWLQJ $XWKRULW\´
WR PHDQ ³WKH
$WWRUQH\-
*HQHUDORIWKH)HGHUDWLRQ´
|
20. This Act may be cited as the Terrorism
(Prevention) (Amendment) Act,
2013.
|
Citation
|
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