Terrorism Suppression Amendment Act 2003

1: Title
1: This Act is the Terrorism Suppression Amendment Act 2003.
2: In this Act, the Terrorism Suppression Act 2002 the principal Act
2: Commencement
1: Sections 3 to 18
a: one or more Orders in Council may appoint different dates for different provisions; and
b: in the case of a provision inserting or substituting 2 or more provisions in an Act other than this Act, one or more Orders in Council may appoint different dates for different provisions inserted or substituted.
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose of this Act
Section 3(b)
iv: the Nuclear Material Convention; and
v: the Plastic Explosives Convention.
4: Interpretation
1: Section 4 duly authorised military device manufacture nuclear material Article 1(a) Nuclear Material Convention Schedule 2A nuclear material offence section 13C plastic explosives Plastic Explosives Convention Schedule 2B radioactive material section 2(1) of the Radiation Protection Act 1965 unmarked Part 2
2: Section 4
3: Terms and expressions used and not defined in this Act but defined in the Nuclear Material Convention, the Plastic Explosives Convention, or the Technical Annex to the Plastic Explosives Convention have the same meaning as in those Conventions and Annex, unless the context otherwise requires.
5: New headings and
sections 13A to 13D The principal Act is amended by inserting, after section 13 Harbouring or concealing terrorists
13A: Harbouring or concealing terrorists
1: A person commits an offence who, with the intention of assisting another person to avoid arrest, escape lawful custody, or avoid conviction, harbours or conceals that person,—
a: knowing, or being reckless as to whether, that person intends to carry out a terrorist act; or
b: knowing, or being reckless as to whether, that person has carried out a terrorist act.
2: A person who commits an offence against subsection (1) Offences relating to plastic explosives and nuclear materials
13B: Offences involving use and movement of unmarked plastic explosives
1: A person commits an offence and is liable on conviction on indictment to a term of imprisonment not exceeding 10 years or a fine not exceeding $500,000, or both, who—
a: possesses, uses, or manufactures unmarked plastic explosives, knowing they are unmarked; or
b: imports or exports unmarked plastic explosives to or from New Zealand, knowing they are unmarked.
2: Subsection (1) subsection (3) Hazardous Substances and New Organisms Act 1996
a: a person who performs military or police functions during the period that begins with the entry into force of this section and ends 15 years later; or
b: any other person during the period that begins with the entry into force of this section and ends 3 years later.
3: Nothing in this section applies to unmarked plastic explosives—
a: that are manufactured or held in limited quantities for sole use in any of the following activities that are duly approved by the Environmental Risk Management Authority:
i: research, development, or testing of new or modified explosives; or
ii: training in explosives detection or testing of explosives detection equipment; or
iii: forensic science activities; or
b: that are destined to be, and are incorporated as, an integral part of a duly authorised military device in New Zealand within 3 years after the date on which this section comes into force.
13C: Offences involving physical protection of nuclear material
1: A person commits an offence who,—
a: without lawful authority, receives, possesses, uses, transfers, alters, disposes of, or disperses nuclear material, knowing it is nuclear material, and—
i: that causes death, injury, or disease to any person or substantial damage to property; or
ii: with intent to cause, or being reckless as to whether it causes death, injury, or disease to any person or substantial damage to property; or
b: commits theft, as defined in section 219 of the Crimes Act 1961
c: fraudulently obtains nuclear material, knowing that it was nuclear material; or
d: makes a demand for nuclear material by threat, or by use of force, or by any other form of intimidation with intent to steal it; or
e: with intent to intimidate, threatens to use nuclear material to cause—
i: death, injury, or disease to any person; or
ii: substantial damage to any property; or
f: with intent to compel any person, international organisation, or State to do, or refrain from doing, any act, threatens to steal nuclear material.
2: A person who commits an offence against subsection (1) Importation, acquisition, possession, or control of radioactive material
13D: Importation, acquisition, etc, of radioactive material
A person commits an offence and is liable on conviction on indictment to a term of imprisonment not exceeding 10 years who imports, acquires, possesses, or has control over any radioactive material with intent to use it to commit an offence involving bodily injury, or the threat of violence, to any person.
6: Offences also apply in certain cases outside New Zealand
Section 14(1) sections 7 to 13 and 13B to 13D
7: New
section 18 The principal Act is amended by repealing section 18
18: Offences also apply to acts outside New Zealand if alleged offender is in New Zealand and is not extradited
Even if the acts alleged to constitute the offence occurred wholly outside New Zealand, proceedings may be brought for terrorist bombing, financing of terrorism, or a nuclear material offence if the person to be charged has been found in New Zealand and has not been extradited.
8: New
section 29A The principal Act is amended by inserting, after section 29
29A: Changes of description of designated entities
1: If satisfied that an entity designated under section 22
2: The notice must identify the entity by reference to—
a: its most recent description; and
b: the notice in the Gazette
3: Sections 23(e) and 23(f) section 22 section 28(2)
4: The stating of the new description does not affect the designation of the entity and (in particular) does not affect the application of section 35(1)
9: New heading and
sections 47A to 47G
1: The principal Act is amended by inserting, after section 47 Customs' powers in relation to certain property
47A: Detention of goods suspected to be terrorist property
1: A Customs officer or authorised person may, without warrant, seize and detain goods if—
a: the goods came to his or her attention, or into his or her possession, during a search, inspection, audit, or examination under—
i: the Customs and Excise Act 1996
ii: Part 5 of the Financial Transactions Reporting Act 1996
b: the goods are in New Zealand and he or she is satisfied that they either—
i: are being, or are intended to be, exported from New Zealand; or
ii: are being, or have been, imported into New Zealand; and
c: he or she has good cause to suspect—
i: that the goods are property of any kind owned or controlled, directly or indirectly, by an entity; and
ii: that the entity is an entity designated under section 20 or section 22 of this Act
d: he or she has good cause to suspect—
i: that the goods are cash or cash equivalents owned or controlled, directly or indirectly, by an entity; and
ii: that the entity is an entity eligible for designation under section 20 or section 22 of this Act
2: In this section and sections 47B to 47G authorised person Chief Executive the Customs Customs officer officer exportation goods importation section 2(1) of the Customs and Excise Act 1996 cash equivalents
47B: Return of cash necessary to satisfy essential human needs
1: The power to detain goods under section 47A section 47A
a: of (or of a dependant of) an individual from whom the cash has been seized; and
b: arising on, or within 7 days after, the date on which the detention would otherwise be effected.
2: Nothing in subsection (1)
3: If the 7-day period referred to in section 47D(1)(a) section 47E, subsection (1) subsection (1)(b) to 7
47C: Further provisions about detention under
section 47A
1: Reasonable force may be used if it is necessary for any of the following purposes:
a: to seize goods under section 47A
b: to detain goods under section 47A
2: If the person from whom goods have been seized and detained under section 47A
3: Goods detained under section 47A section 47F
4: Section 175 of the Customs and Excise Act 1996 sections 47A to 47F of this Act
5: Nothing in section 47A
a: Customs and Excise Act 1996
b: Financial Transactions Reporting Act 1996
c: Mutual Assistance in Criminal Matters Act 1992
d: Proceeds of Crime Act 1991
47D: Return of goods detained under
section 47A
1: In this section, investigation period, in relation to goods seized and detained under section 47A
a: means the period of 7 days after the date on which the goods were seized and detained; and
b: includes any extension of that period granted by the High Court under section 47E
2: Goods seized and detained under section 47A
a: the completion of all relevant investigations, if they show either—
i: that the goods are not property of the kind referred to in section 47A(1)(c)(i) or (d)(i)
ii: that the entity is not an entity of the kind referred to in section 47A(1)(c)(ii) or (d)(ii)
b: the expiry of the investigation period.
3: However, the Customs need not return the goods as provided in subsection (2) section 48
a: that the goods are property of any kind owned or controlled, directly or indirectly, by an entity; and
b: that the entity is an entity designated under section 20 or section 22
47E: Extension of 7-day period in
section 47D(1)(a)
1: The 7-day period in section 47D(1)(a)
a: that the good cause to suspect required by section 47A(1)(c) or (d)
b: that the extension to be granted is necessary to enable investigations in or outside New Zealand in relation to the goods or entity to be completed.
2: The application must be made in writing and served on the person from whom the goods were seized (if that person can be identified and located), and must include the following particulars:
a: a description of the goods detained:
b: the date on which the detention commenced:
c: a statement of the facts supporting the good cause to suspect required by section 47A(1)(c) or (d)
d: a statement of reasons why the extension sought is necessary to enable investigations in or outside New Zealand in relation to the goods or entity to be completed.
3: The person from whom the goods were seized is entitled to appear and be heard on the application.
4: The Customs must make all reasonable efforts to notify the person from whom the goods were seized, at least 24 hours before the hearing of the application, of the time and place of that hearing.
47F: Custody of certain goods detained under
section 47A
1: If goods detained under section 47A
a: the person from whom the goods have been seized; or
b: any other person authorised by the Customs officer and who consents to having such custody.
2: Every person who has the custody of goods under subsection (1) section 47D
3: A person to whom subsection (2)
a: make the goods available to a Customs officer on request; and
b: not alter, or dispose of, or remove the goods from New Zealand, unless he or she is authorised to do so by a Customs officer; and
c: return the goods on demand to the custody of the Customs. 1996 No 27 s 226(7), (8)
47G: Offences in relation to certain detained goods
1: Every person commits an offence who, having custody of goods pursuant to section 47F(1) section 47F(2) or (3)
2: Every person who commits an offence against subsection (1)
3: Every person commits an offence who, without the permission of the Chief Executive, takes or carries away or otherwise converts to his or her own use goods to which section 47F(2) and (3)
4: Every person who commits an offence against subsection (3) 1996 No 27 s 215
2: Sections 15 19 section 47 or section 47G
10: Certificates as to States Parties under Conventions
Section 62 Bombings Convention or, as the case requires, under the Financing Convention Bombings Convention, the Financing Convention, the Nuclear Material Convention, or the Plastic Explosives Convention
11: Application of
sections 64 65
1: Section 63(1) or, as the case requires, article 7
2: Section 63(2)(a) article 7(1) or (2) or, as the case requires, article 8
12: Attorney-General to indicate to relevant States Parties whether New Zealand to exercise jurisdiction
Section 64 article 9(1) or, as the case requires, article 9
13: Attorney-General to notify relevant States Parties if person taken into custody
Section 65 article 9 or, as the case requires, article 9
14: Attorney-General's consent to prosecutions required
Section 67(3) or section 47G
15: Offences deemed to be included in extradition treaties
1: Section 69 subsection (1)
1: For the purposes of the Extradition Act 1999 section 15 or section 104 of that Act
a: the Bombings Convention; or
b: the Financing Convention; or
c: the Nuclear Material Convention.
2: Section 69 subsection (3)
3: Subsection (2)
3: Section 69 subsection (4)
4: In this section, relevant date
a: in relation to terrorist bombing or financing of terrorism, means 5 December 2002; and
b: in relation to a nuclear material offence, the date on which this section enters into force in relation to that offence.
16: New
Schedules 2A 2B The principal Act is amended by inserting, after Schedule 2 2A 2B
17: Schedule 3 Schedule 3
9: Convention on the Physical Protection of Nuclear Material, done at New York and Vienna, 3 March 1980. Consequential amendment to
Mutual Assistance in Criminal Matters Act 1992
18: Schedule amended to refer to Nuclear Material Convention
The Schedule Mutual Assistance in Criminal Matters Act 1992 27 The Convention on the Physical Protection of Nuclear Materials done at Vienna on 26 October 1979. An offence against the following section of the Terrorism Suppression Act 2002 section subject matter 13C offences involving the physical protection of nuclear materials