Terrorism Suppression Amendment Act 2007

1: Title
This Act is the Terrorism Suppression Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. RA 2007-11-20 Terrorism Suppression Act 2002
3: Principal Act amended
This Act amends the Terrorism Suppression Act 2002
1: Amendments to principal Act
4: New section 3 substituted
Section 3
3: Purpose of this Act
The purpose of this Act is—
a: to make further provision in New Zealand law for the suppression of terrorism; and
b: to make provision to implement in New Zealand law New Zealand's obligations under—
i: the Bombings Convention; and
ii: the Financing Convention; and
iii: the Anti-terrorism Resolution; and
iv: the Nuclear Material Convention; and
v: the Plastic Explosives Convention; and
vi: the Nuclear Terrorism Convention; and
c: to make further provision to implement, in part, the Al-Qaida and the Taliban Sanctions Resolutions.
5: Interpretation
Section 4(1) deal with Al-Qaida Al-Qaida and the Taliban Sanctions Resolutions Al-Qaida entity
a: associated with Usama bin Laden; and
b: an entity to which that measure is to be applied deal with
a: means to use or deal with the property, in any way and by any means (for example, to acquire possession of, or a legal or an equitable interest in, transfer, pay for, sell, assign, or dispose of (including by way of gift) the property); and
b: includes allowing the property to be used or dealt with, or facilitating the use of it or dealing with it designated terrorist entity
a: for the time being designated under section 20 or 22
b: that is a United Nations listed terrorist entity nuclear facility
a: a nuclear reactor, including a reactor installed in or on any vessel, vehicle, aircraft, or space object for use as an energy source in order to propel the vessel, vehicle, aircraft, or space object or for any other purpose; or
b: a plant or conveyance—
i: being used for the production, storage, processing, or transport of radioactive material; or
ii: in which radioactive material is being used, handled, or disposed of in circumstances where damage to or interference with the operation of the plant or conveyance could lead to the release of significant amounts of radiation or radioactive substances Nuclear Terrorism Convention Schedule 2C nuclear terrorism offence section 13E radioactive device
a: a nuclear weapon or other nuclear explosive device; or
b: a radioactive material dispersal device; or
c: a radiation-emitting device Resolution 1267 Schedule 4A Resolution 1333 Schedule 4B Resolution 1390 Schedule 4C Taliban Taliban entity
a: is not Usama bin Laden, an Al-Qaida entity, or the Taliban; but
b: is designated, by or under those resolutions, as an entity to which that measure is to be applied United Nations listed terrorist entity
a: Usama bin Laden; or
b: an Al-Qaida entity; or
c: the Taliban; or
d: a Taliban entity .
6: New heading and section 6A inserted
The following heading and section are inserted after the Part 2 Terrorist act
6A: Terrorist act
1: A person commits an offence who engages in a terrorist act.
2: A person who commits a terrorist act is liable on conviction on indictment to imprisonment for life or a lesser term.
7: Financing of terrorism
Section 8(2)
8: Prohibition on dealing with property of, or derived or generated from property of, terrorist and associated entities
1: The heading to section 9 terrorist and associated entities designated terrorist entity
2: Section 9(1) an entity for the time being designated under this Act as a terrorist entity or as an associated entity a designated terrorist entity
3: Section 9(2)
2: For the purposes of subsection (1)
a: where the dealing with the property comprises an act that does no more than satisfy essential human needs of (or of a dependant of) an individual designated under this Act:
b: where a financial institution acts to freeze assets of a designated terrorist entity.
4: Section 9(5)
5: Section 9(6) in subsection (5) in the definition of deal with section 4
9: Prohibition on making property, or financial or related services, available to terrorist and associated entities
1: The heading to section 10 terrorist and associated entities designated terrorist entity
2: Section 10(1) an entity for the time being designated under this Act as a terrorist entity or as an associated entity a designated terrorist entity
3: Section 10(2)
10: Recruiting members of terrorist groups
Section 12(1)(a)
a: a designated terrorist entity; or .
11: Participating in terrorist groups
1: Section 13(1) or being reckless as to whether knowing that
2: Section 13(1)(a)
a: a designated terrorist entity; or .
12: Offences involving physical protection of nuclear material
1: Section 13C(1)(a)
iii: that causes, or is likely to cause, substantial damage to the environment; or .
2: Section 13C(1)(e)(ii) or to the environment substantial damage to property
3: Section 13C(1) ; or
g: without lawful authority, commits an act, or threatens to commit an act against a nuclear facility, or interferes with the operation of a nuclear facility with intent to cause, or being reckless as to whether it causes, death or serious injury to any person or substantial damage to property or to the environment by exposure to radiation or release of radioactive substances.
13: New heading and section 13E inserted
The following heading and section are inserted after section 13D Offences involving radioactive material and radioactive devices
13E: Offences involving radioactive material and radioactive devices
1: A person commits an offence who—
a: makes or possesses a radioactive device or possesses radioactive material with intent to cause death or serious injury to any person or substantial damage to property or to the environment; or
b: uses radioactive material or a radioactive device or uses or damages a nuclear facility in a manner that releases or risks the release of radioactive material—
i: with intent to cause death or serious injury to any person or substantial damage to property or to the environment; or
ii: with intent to compel any person, international organisation, or State to do, or refrain from doing an act; or
c: threatens to commit an offence set out in paragraph (b)
d: unlawfully and intentionally demands radioactive material by threat, in circumstances that indicate the credibility of the threat; or
e: by use of force,—
i: uses or threatens to use radioactive material or a radioactive device; or
ii: uses or damages or threatens to use or damage a nuclear facility.
2: A person who commits an offence against subsection (1)
14: Offences also apply in certain cases outside New Zealand
Section 14(1) and 13B to 13D and 13B to 13E
15: Offences also apply to acts outside New Zealand if alleged offender is in New Zealand and is not extradited
Section 18 a nuclear terrorism offence, financing of terrorism,
16: Further provisions relating to final designation
Section 23
a: by repealing paragraph (g)
b: by omitting from paragraph (h) (and without limiting section 35(1) or section 36(1)
17: Content of notice to designated entity
1: Section 26 paragraph (b)
ba: must state that any person who deals with the entity's property may be liable to prosecution for an offence under section 9 .
2: Section 26(c) extended renewed under section 35
18: Content of notice to public and others
1: Section 27(2) paragraph (b)
ba: must state that any person who deals with the entity's property may be liable to prosecution for an offence under section 9 .
2: Section 27(2)(c) extended renewed under section 35
19: United Nations Security Council information
Section 31
20: New section 35 substituted
Sections 35 to 37
35: Designations under section 22 to expire after 3 years unless renewed by Prime Minister
1: A designation under section 22
a: revoked under section 34
b: renewed by an order under subsection (2) or (3)
2: The Prime Minister may order that a designation made under section 22 section 22
3: Before the expiry of an order under subsection (2)
4: After making an order under subsection (2) or (3)
5: The Prime Minister may make any number of orders under subsection (3)
21: New section 38 substituted
Sections 38 and 39
38: Procedure in proceedings involving classified security information
1: This section applies to any proceedings in a court arising out of, or relating to, the making of a designation under this Act.
2: The Court must determine the proceedings on the basis of information available to it (whether or not that information has been disclosed to or responded to by all parties to the proceedings).
3: If information presented, or proposed to be presented, by the Crown includes classified security information,—
a: except where proceedings are before the Court of Appeal, the proceedings must be heard and determined by the Chief High Court Judge, or by 1 or more Judges nominated by the Chief High Court Judge, or both; and
b: the Court must, on a request for the purpose by the Attorney-General and if satisfied that it is desirable to do so for the protection of (either all or part of) the classified security information, receive or hear (the relevant part or all of) the classified security information in the absence of—
i: the designated entity concerned; and
ii: all barristers or solicitors (if any) representing that entity; and
iii: members of the public.
4: Without limiting subsection (3)
a: the Court must approve a summary of the information of the kind referred to in section 32(2) section 32(3)
b: on being approved by the Court a copy of the statement must be given to the entity concerned.
5: Nothing in this section limits section 27 of the Crown Proceedings Act 1950
6: Subsections (2) to (5)
22: Ancillary general practices and procedures to protect classified security information
1: Section 40(1)
a: by omitting sections 38 and 39 section 38
b: by omitting those sections relate that section relates
2: Section 40(2)(a) to which sections 38 and 39 to which section 38
23: Appeal against decision on application under section 35
Section 41
24: Suspicions that property owned or controlled by designated entities, etc, to be reported
1: The heading to section 43 designated entities, etc, designated terrorist entities
2: Section 43(1) an entity designated under this Act as a terrorist or associated entity a designated terrorist entity
25: Detention of goods suspected to be terrorist property
1: Section 47A(1)(c)(ii) an entity designated under section 20 or section 22 of this Act a designated terrorist entity
2: Section 47A(1)(d)(ii)
ii: that the entity is an entity that carries out, or participates in the carrying out of, 1 or more terrorist acts.
26: Return of goods detained under section 47A
Section 47D(3)(b) an entity designated under section 20 or section 22 a designated terrorist entity
27: Direction that Official Assignee take control of property
Section 48(1) or is a United Nations listed terrorist entity if an entity is subject to a designation under section 22
28: Variation, revocation, or expiry of direction
Section 50(3) paragraph (a)
ab: on the entity ceasing to be a United Nations listed terrorist entity; or .
29: Court may grant relief to third party
Section 54(3) concerned as a designated terrorist entity
30: Forfeiture of property by the High Court
1: Section 55(1)(a) or is a United Nations listed terrorist entity designation under section 22
2: Section 55(2)
2: However, an order of that kind may only be made if the Court considers it appropriate that the specified property not remain subject to the prohibition in section 9
31: Appeal against decision on application under section 55
Section 58(2) 38 to 40 38 and 40
32: Discharge of order under section 55 on appeal or by quashing of related order under section 35(2)
1: The heading to section 59 or by quashing of related order under section 35(2)
2: Section 59 subsection (1)
3: Section 59(2) extended renewed
4: Section 59(3) as provided in subsection (1)
5: Section 59(5) in either of the ways referred to in subsection (3)
33: Certificates as to States Parties under Conventions
Section 62 the Nuclear Terrorism Convention, the Nuclear Material Convention
34: New section 63 substituted
Section 63
63: Application of
sections 64 and 65
1: Sections 64 and 65 article 2 article 2 article 7 article 2
2: In sections 64 and 65 States Parties
a: any States Parties that have established jurisdiction in accordance with article 6(1) or (2) article 7(1) or (2) article 8 article 8
b: any other interested States Parties the Attorney-General considers it advisable to inform or notify.
35: New section 64 substituted
Section 64
64: Attorney-General to indicate to relevant States Parties whether New Zealand to exercise jurisdiction
When an investigation has been undertaken under New Zealand law of the facts contained in the information (being the investigation contemplated by article 7(1) article 9(1) article 9 article 10
a: inform the relevant States Parties promptly of the findings of the investigation; and
b: indicate promptly to the relevant States Parties whether New Zealand intends to exercise jurisdiction.
36: New section 65 substituted
Section 65
65: Attorney-General to notify relevant States Parties if person taken into custody
If the measures taken under New Zealand law to ensure the person's presence for the purpose of prosecution or extradition (being the measures contemplated by article 7 article 9 article 9 article 10
a: the fact that the person is in custody; and
b: the circumstances that justify the person's detention.
37: Offences deemed to be included in extradition treaties
1: Section 69(1) or nuclear terrorism offence any nuclear material offence
2: Section 69(1) ; or
d: the Nuclear Terrorism Convention.
3: Section 69(3) or a nuclear material offence a nuclear material offence, or a nuclear terrorism offence
4: Section 69(4) ; and
c: in relation to a nuclear terrorism offence, the date on which this section enters into force in relation to that offence.
38: Review of operation of certain provisions of this Act
The heading above section 70 and section 70
39: Transitional provision relating to entity designated under section 20 or 22
1: Every designation of an entity under section 20 or 22 of the principal Act section 34 of the principal Act
2: Section 75
40: Schedule 2A amended
Schedule 2A Schedule 1
41: New Schedule 2C inserted
The Schedule 2C set out in Schedule 2 Schedule 2B
42: Schedule 3 amended
Schedule 3 Schedule 3
43: New Schedules 4A to 4C inserted
The Schedules 4A to 4C set out in Schedule 4 Schedule 4
44: Schedule 5 amended
Paragraph 1 of Schedule 5 designated entity designated terrorist entity
2: Amendments to other Acts
Amendments to Terrorism Suppression Amendment Act 2005
45: Amendments to
Terrorism Suppression Amendment Act 2005
1: This section amends the Terrorism Suppression Amendment Act 2005
2: The heading to Part 2 Extension of existing designations and
3: Section 6 section 6
4: The heading above section 7 RA 2007-11-20 Terrorism Suppression Amendment Act 2005 Amendments to Charities Act 2005
46: Essential requirements
1: This section amends the Charities Act 2005
2: Section 13(5)(a)
a: by omitting designated under section 20 or section 22 a designated terrorist entity as defined in section 4(1)
b: by omitting as a terrorist entity or an associated entity
3: Section 13(5)(b) 7 to 13D 6A to 13E RA 2007-11-20 Charities Act 2005 Amendment to Crimes Act 1961
47: Interpretation
1: This section amends the Crimes Act 1961
2: The definition of terrorist offence section 312A(1) 7, 8, 9, 10, 12, 13, and 13A 6A to 13E RA 2007-11-20 Crimes Act 1961 Amendment to Mutual Assistance in Criminal Matters Act 1992
48: Schedule amended to refer to Nuclear Terrorism Convention
1: This section amends the Mutual Assistance in Criminal Matters Act 1992
2: The Schedule is amended by inserting, in its appropriate numerical order, the item set out in Schedule 5 RA 2007-11-20 Mutual Assistance in Criminal Matters Act 1992