PREVENTION OF TERRORISM ACT, 2004

Arrangement of Sections

PART I

PRELIMINARY

1. Short title.

2. Interpretation.

PART II

SPECIFIED ENTITIES

3. Specified Entity Order.

PART III

OFFENCES

4. Offence of terrorist act.

5. Provision or collection of funds to commit terrorist acts.

6. Collection of property or provision of property and services for commission of terrorist acts.

7. Use of property for commission of terrorist acts.

8. Arrangements for retention or control of terrorist property.

9. Dealing in property owned or controlled by terrorist groups.

10. Soliciting and giving of support to terrorist groups or for the commission of terrorist acts.

11. Harbouring of persons committing terrorist acts.

12. Provision of weapons to terrorist groups.

13. Recruitment for terrorist groups or terrorist acts.

14. Training terrorist groups and persons.

15. Promotion or facilitation of terrorism in foreign states.

16. Promotion of offences under section 15.

17. Conspiracy to commit offences under this Act.

18. Membership of terrorist groups.

19. Arrangement of meetings in support of terrorist groups.

20. Participation in the commission of offences under this Act.

PART IV

INVESTIGATION OF OFFENCES

21. Powers of arrest.

22. Right to be released.

23. Remand by court.

24. Power to gather information.

25. Power to intercept communications and the admissibility of intercepted communications.

26. Power to seize property used in commission of terrorist acts.

PART V

TRIAL OF OFFENCES

27. Jurisdiction to try offences under this Act.

28. Evidence by certificate.

29. Order for forfeiture of property on conviction of offences under this Act.

PART VI

EXTRADITION AND MUTUAL ASSISTANCE IN CRIMINAL MATTERS

30. Exchange of information relating to terrorist groups and terrorist acts.

31. Counter-terrorism conventions to be used as basis for extradition.

32. Counter-terrorism conventions to be used as basis for mutual assistance in criminal matters.

33. Certain terrorist acts extraditable despite political nature of acts.

PART VII

MISCELLANEOUS

34. Duty to disclose information relating to terrorist acts etc.

35. Duty to disclose information relating to property of terrorist groups or property used for commission of offences under this Act.

36. Orders for seizure and restraint of property.

37. Orders for forfeiture of property.

38. Power to prohibit making funds available to persons in foreign states to commit terrorist acts.

39. Refusal of applications for registration, and the revocation of the registration, of associations linked to terrorist groups.

40. Provision of information relating to persons entering and leaving the country.

41. Power to refuse refugee application.

42. Power to make Regulations.

7 of 2004.

SI 32 of 2004.

AN ACT to provide for measures to prevent and suppress terrorism and for connected matters.

[Date of commencement: 1st December 2004]

PART I

PRELIMINARY

1. Short title.

This Act may be cited as the Prevention of Terrorism Act, 2004.

2. Interpretation.

In this Act—

"aircraft" includes an aeroplane, glider and helicopter;

"communication" means a communication received or transmitted by post or a telegraphic, telephonic or other communication received or transmitted by electricity, magnetism or other means;

"communications service provider" means a person who provides services for the transmission or reception of communications;

"competent authority" in relation to a foreign State, means the Attorney-General or the like officer of that State;

"entity" means a person, group, trust, partnership, fund or an unincorporated association or organisation;

"financial institution" means a commercial bank or any other institution which makes loans, advances or investments or accepts deposits of money from the public;

"master", in relation to a vessel, means the owner or person other than a harbour master or pilot having for the time being command or charge of the vessel;

"Minister" means the minister responsible for internal affairs;

"operator", in relation to an aircraft, means the owner or person for the time being in charge or command or control of the aircraft;

"property" means any movable or immovable property;

"specified entity" means an entity in respect of which an order under section 3 has been made, or is deemed by reason of the operation of section 42(3) to have been made, and is for the time being in force;

"terrorist act" means an act or threat of action which—

(a) involves the death of, or serious bodily harm to, a person;

(b) involves serious damage to property;

(c) endangers a person's life;

(d) creates a serious risk to the health or safety of the public or a section of the public;

(e) involves the use of firearms or explosives;

(f) involves releasing into the environment or any part thereof or distributing or exposing the public or any section thereof to—

(i) any dangerous, hazardous, radioactive or harmful substance;

(ii) any toxic chemical;

(iii) any microbial or other biological agent or toxin;

(g) is designed or intended to disrupt any computer system or the provision of services directly related to communications infrastructure, banking or financial services, utilities, transportation or other essential infrastructure;

(h) is designed or intended to disrupt the provision of essential emergency services such as police, civil defence or medical services;

(i) involves prejudice to national security or public safety;

and is intended, or by its nature and context may reasonably be regarded as being intended, to—

(i) intimidate the public or a section of the public; or

(ii) seriously destabilise or destroy the religious, political, constitutional, economic or social institutions of a country, or an international organisation; or

(iii) compel a government or an international organisation to do, or refrain from doing, any act:

Provided that an act which disrupts any services and is committed in pursuance of a protest, demonstration or stoppage of work shall be deemed not to be a terrorist act within the meaning of this definition so long and so long only as the act is not intended to result in any harm referred to in paragraph (a), (b), (c) or (d);

"terrorist group" means—

(a) an entity that has, as one of its activities and purposes, the committing of, or the facilitation of the commission of, a terrorist act; or

(b) a specified entity;

"terrorist property" means—

(a) proceeds from the commission of a terrorist act,

(b) money or other property which has been, is being, or is likely to be used to commit a terrorist act, or

(c) money or other property which has been, is being, or is likely to be used by a terrorist group;

"vessel" means any thing made or adapted for the conveyance by water of people or property;

"weapon" includes a firearm or explosive or a chemical, biological or nuclear weapon.

PART II

SPECIFIED ENTITIES

3. Specified Entity Order.

(1) Where the Attorney-General has reasonable grounds to believe that—

(a) an entity has knowingly—

(i) committed;

(ii) attempted to commit;

(iii) participated in committing; or

(iv) facilitated the commission of

a terrorist act, or

(b) an entity is knowingly acting—

(i) on behalf of;

(ii) at the direction of; or

(iii) in association with,

an entity referred to in paragraph (a), the Attorney-General may recommend to the Minister that an Order be made under subsection (2) in respect of that entity.

(2) If the Minister is satisfied that there is material to support a recommendation made under subsection (1), the Minister may, by Order published in the Gazette, declare the entity in respect of which the recommendation has been made, to be a specified entity.

(3) A specified entity may apply to the Attorney-General requesting the Attorney-General to recommend to the Minister the revocation of an Order made under subsection (2), or deemed under section 42(3) to have been made, in respect of that entity.

(4) If, on an application made under subsection (3), the Attorney-General—

(a) decides that there are reasonable grounds for making the recommendation requested in the application, the Attorney-General shall make such recommendation to the Minister;

(b) decides that there are no reasonable grounds for making the recommendation requested in the application, the Attorney-General shall refuse the application and shall, within 60 days of receiving the application, inform the applicant of the decision.

(5) Within 60 days of receiving information of the decision referred to in subsection (4), the applicant may apply to the Supreme Court for a review of that decision.

(6) Upon an application being made under subsection (5), the Supreme Court shall—

(a) examine in chambers, any security or intelligence reports considered in recommending or making an Order under subsection (2) in respect of the applicant and hear any other evidence or information that may be presented by or on behalf of the Attorney-General and may, at the request of the Attorney-General, hear all or part of that evidence or information in the absence of the applicant or any counsel representing the applicant, if the Court considers that the disclosure of the information would be prejudicial to national security or endanger the safety of any person;

(b) provide the applicant with a statement summarising the information available to the Court, so as to enable the applicant to be reasonably informed of the reasons for the decision, without disclosing any information the disclosure of which would, in the opinion of the Court be prejudicial to national security or endanger the safety of any person;

(c) provide the applicant with a reasonable opportunity to be heard; and

(d) determine whether the decision is reasonable on the basis of the information available to the Court and, if found not to be reasonable, make an order requiring the Attorney-General to recommend to the Minister the revocation of the Order made, or deemed to have been made, in respect of the applicant.

(7) The Court may receive in evidence anything, including information obtained from the government or institution or agency of a foreign state or from an international organisation that, in the opinion of the Court, is reliable and relevant, even if the thing would not otherwise be admissible in law, and may base its decision on that evidence.

(8) The Attorney-General shall, every six months, review all the Orders made under subsection (2) to determine whether there are still reasonable grounds, as set out in subsection (1), for any such Order to continue to apply to a specified entity, and if the Attorney-General determines that there are no such reasonable grounds, shall recommend to the Minister the revocation of the Order made under subsection (2) in respect of that specified entity.

PART III

OFFENCES

4. Offence of terrorist act.

Every person who commits—

(a) a terrorist act that causes the death of a person commits an offence and shall on conviction be liable to imprisonment for life;

(b) any other terrorist act commits an offence and shall on conviction be liable to imprisonment for a period not less than seven years and not more than 30 years.

5. Provision or collection of funds to commit terrorist acts.

Every person who provides or collects, by any means, directly or indirectly, any funds intending, knowing or having reasonable grounds to believe that the funds will be used in full or in part to carry out a terrorist act commits an offence and shall, on conviction, be liable to imprisonment for a term not less than seven years and not more than 20 years.

6. Collection of property or provision of property and services for commission of terrorist acts.

Every person who, directly or indirectly, collects property or provides, invites a person to provide, or makes available, property or financial or other related services—

(a) intending that they be used, in whole or in part, for the purpose of committing or facilitating the commission of a terrorist act or for the purpose of benefiting any person who is committing or facilitating the commission of a terrorist act; or

(b) knowing that in whole or in part, they will be used by, or will benefit, a terrorist group,

is guilty of an offence and shall, on conviction, be liable to imprisonment for a term not less than seven years and not more than 20 years.

7. Use of property for commission of terrorist acts.

Every person who—

(a) uses property, directly or indirectly, in whole or in part, for the purpose of committing or facilitating the commission of a terrorist act; or

(b) possesses property 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,

is guilty of an offence and shall, on conviction, be liable to imprisonment for a term not less than seven years and not more than 20 years.

8. Arrangements for retention or control of terrorist property.

Every person who knowingly enters into, or becomes concerned in, an arrangement which facilitates the retention or control by or on behalf of another person of terrorist property—

(a) by concealment;

(b) by a removal out of jurisdiction;

(c) by transfer to a nominee;or

(d) in any other way,

is guilty of an offence and shall, on conviction, be liable to imprisonment for a term not less than seven years and not more than 20 years.

9. Dealing in property owned or controlled by terrorist groups.

(1) Every person who knowingly—

(a) deals, directly or indirectly, in any property that is owned or controlled by or on behalf of a terrorist group;

(b) enters into, or facilitates, directly or indirectly, any transaction in respect of property referred to in paragraph (a); or

(c) provides financial or other services in respect of property referred to in paragraph (a) at the direction of a terrorist group,

is guilty of an offence and shall, on conviction, be liable to imprisonment for a term not less than seven years and not more than 20 years.

(2) A person who acts reasonably in taking or omitting to take measures to comply with subsection (1) shall not be liable in any civil action arising from having taken, or omitted to have taken, those measures if the person proves that he or she took all reasonable action to satisfy himself or herself that the relevant property was not owned or controlled by or on behalf of a terrorist group.

10. Soliciting and giving of support to terrorist groups or for the commission of terrorist acts.

(1) Every person who knowingly, and in any manner—

(a) solicits support for, or gives support to, any terrorist group, or

(b) solicits support for, or gives support to, the commission of a terrorist act,

is guilty of an offence and shall on conviction, be liable to imprisonment for a term not less than seven years and not more than 20 years.

(2) For the purposes of paragraph (a) of subsection (1), an offer to provide, or the provision of, forged or falsified travel documents to a member of a terrorist group constitutes giving of support to a terrorist group.

11. Harbouring of persons committing terrorist acts.

Every person who harbours or conceals, or prevents, hinders or interferes with the apprehension of, any other person knowing, or having reason to believe that such other person—

(a) has committed a terrorist act or is planning, or is likely to commit, a terrorist act; or

(b) is a member of a terrorist group;

is guilty of an offence and shall on conviction, be liable to imprisonment for a term not less than seven years and not more than 20 years.

12. Provision of weapons to terrorist groups.

Every person who knowingly offers to provide, or provides, any weapon to—

(a) a terrorist group;

(b) a member of a terrorist group;

(c) to any other person for use by, or for the benefit of, a terrorist group or a member of a terrorist group,

is guilty of an offence and shall, on conviction, be liable to imprisonment for a term not less than seven years and not more than 20 years.

13. Recruitment for terrorist groups or terrorist acts.

Every person who knowingly agrees to recruit, or recruits, another person—

(a) to be a member of a terrorist group; or

(b) to participate in the commission of a terrorist act,

is guilty of an offence and shall, on conviction, be liable to imprisonment for a term not less than seven years and not more than 20 years.

14. Training terrorist groups and persons.

Every person who knowingly agrees to provide training or instruction, or provides training or instruction—

(a) in the making or use of any weapon;

(b) in carrying out a terrorist act,

(c) in the practice of military exercises or movements,

to a member of a terrorist group or a person engaging in, or preparing to engage in, the commission of a terrorist act is guilty of an offence and shall, on conviction, be liable to imprisonment for a term not less than seven years and not more than 20 years.

15. Promotion or facilitation of terrorism in foreign states.

Every person who in Seychelles—

(a) knowingly promotes or facilitates the doing of any act in a foreign State for the purpose of achieving any of the following objectives whether or not the objective is achieved—

(i) the overthrow, by force or violence, of the government of that foreign State;

(ii) causing, by force or violence, the public in that foreign State to be in fear of death or bodily injury;

(iii) causing death of, or bodily injury to a person who—

(a) is the Head of State of that foreign State; or

(b) holds or performs any of the duties of a public office of that foreign State;

(b) recruits another person to become a member of, or to serve in any capacity with a body or association of persons the objectives of which are, or include, the objectives referred to in paragraph (a);

(c) accumulates, stockpiles or otherwise keeps, any weapons for the purpose of doing any act referred to in paragraph (a);

(d) trains or drills, or participates in the training or drilling of, any other person in the use of weapons or in the practice of military exercises or movements to prepare that person to do any act referred to in paragraph (a);

(e) allows himself or herself to be trained or drilled in the use of weapons or in the practice of military exercises or movements for the purpose of doing any act referred to in paragraph (a);

(f) gives any money or goods to, or performs services for, any other person or body or association of persons for the purpose of doing an act referred to in paragraph (a); or

(g) receives or solicits money or goods or the performance of services for the purpose of promoting or supporting the doing of an act referred to in paragraph (a),

is guilty of an offence and shall on conviction, be liable to imprisonment for a term not less than seven years and not more than 20 years.

16. Promotion of offences under section 15.

Every person who being—

(a) the owner, occupier, lessee or person in charge of any building, premises, room or place knowingly permits a meeting of persons to be held in that building, premises, room or place.

(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,

for the purpose of committing an offence under section 15, or promoting or supporting the commission of an offence under section 15 is guilty of an offence and shall, on conviction, be liable to imprisonment for a term not less than seven years and not more than 20 years.

17. Conspiracy to commit offences under this Act.

(1) Every person who conspires with another person in Seychelles to do any act in any place outside Seychelles being an act which if done in Seychelles would have constituted an offence under this Act shall be deemed to have conspired to do that act in Seychelles.

(2) Every person who conspires with another person in a place outside Seychelles to do any act in Seychelles which constitutes an offence under this Act shall be deemed to have conspired in Seychelles to do that act.

18. Membership of terrorist groups.

(1) Every person who is a member of, or professes to be a member of, a terrorist group is guilty of an offence and shall, on conviction, be liable to imprisonment for a term not less than seven years and not more than 20 years.

(2) It shall be 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 or she became a member of, or professed to be a member of, that entity, or that he or she has not taken part in the activities of that entity after it became a terrorist group.

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