Terrorism Suppression Act 2002

Reprint as at 1 July 2013

Terrorism Suppression Act 2002

Public Act2002 No 34
Date of assent17 October 2002
Commencementsee section 2

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Foreign Affairs and Trade and the Ministry of Justice.


Contents

1 Title

Part 1
Preliminary provisions

2 Commencement

3 Purpose of this Act

4 Interpretation

5 Terrorist act defined

6 Act binds the Crown

Part 2
Suppression of terrorism

Terrorist act

6A Terrorist act

Terrorist bombing

7 Terrorist bombing

Financing of terrorism

8 Financing of terrorism

Dealing with property

9 Prohibition on dealing with property of, or derived or generated from property of, designated terrorist entity

Making property, or financial or related services, available

10 Prohibition on making property, or financial or related services, available to designated terrorist entity

Authorisations to deal with property, or to make property, or financial or related services, available

11 Authorisations by Prime Minister

Recruitment of members of terrorist groups

12 Recruiting members of terrorist groups

Participation in terrorist groups

13 Participating in terrorist groups

Harbouring or concealing terrorists

13A Harbouring or concealing terrorists

Offences relating to plastic explosives and nuclear materials

13B Offences involving use and movement of unmarked plastic explosives

13C Offences involving physical protection of nuclear material

Importation, acquisition, possession, or control of radioactive material

13D Importation, acquisition, etc, of radioactive material

Offences involving radioactive material and radioactive devices

13E Offences involving radioactive material and radioactive devices

Extraterritorial jurisdiction

14 Offences also apply in certain cases outside New Zealand

15 Offences apply to acts outside New Zealand by New Zealand citizens or on New Zealand aircraft and ships

16 Further acts outside New Zealand to which terrorist bombing applies

17 Further acts outside New Zealand to which financing of terrorism applies

18 Offences also apply to acts outside New Zealand if alleged offender is in New Zealand and is not extradited

19 Application of Crimes Act 1961

Interim designation

20 Interim designation as terrorist or associated entity

21 Further provisions relating to interim designation

Final designation

22 Final designation as terrorist or associated entity

23 Further provisions relating to final designation

Further provisions relating to interim and final designations

24 Entity or property need not be in New Zealand

25 Carrying out and facilitating terrorist acts

26 Content of notice to designated entity

27 Content of notice to public and others

28 Further notification of making of designation

29 Designations not invalid for certain reasons

29A Changes of description of designated entities

Material on which designations may be based

30 Information available to Prime Minister

31 United Nations Security Council information [Repealed]

32 Classified security information defined

Review, revocation, and expiry of designations

33 Judicial review of designations

34 Revocation of designations

35 Designations under section 22 to expire after 3 years unless renewed by Prime Minister

36 Applications under section 35 and related proceedings [Repealed]

37 Grounds for orders under section 35(2) [Repealed]

38 Procedure in proceedings involving classified security information

39 Procedure in other cases involving classified security information [Repealed]

40 Ancillary general practices and procedures to protect classified security information

41 Appeal against decision on application under section 35 [Repealed]

42 Notification of revocation, expiry, or invalidity of designations

Duty to report suspicions relating to property

43 Suspicions that property owned or controlled by designated terrorist entities to be reported

44 Nature of suspicious property report

45 Privileged communication defined

46 Protection of persons

47 Protection of identity of persons making reports

Customs' powers in relation to certain property

47A Detention of goods suspected to be terrorist property

47B Return of cash necessary to satisfy essential human needs

47C Further provisions about detention under section 47A

47D Return of goods detained under section 47A

47E Extension of 7-day period in section 47D(1)(a)

47F Custody of certain goods detained under section 47A

47G Offences in relation to certain detained goods

Management of property subject to section 9

48 Direction that Official Assignee take control of property

49 Notice of direction

50 Variation, revocation, or expiry of direction

51 Further provisions on management of property subject to section 9

Relief for third parties if property is subject to section 9 or application for forfeiture, or is forfeited

52 Third parties may apply for relief

53 Limits on applications under section 52(3)

54 Court may grant relief to third party

Forfeiture

55 Forfeiture of property by order of High Court

56 Notice of application under section 55

57 Further provisions relating to orders under section 55

58 Appeal against decision on application under section 55

59 Discharge of order under section 55 on appeal

60 Attorney-General may apply for directions

61 Double benefit not permitted

Part 3
Miscellaneous provisions

Evidence that States are, or are not, Parties to Conventions

62 Certificates as to States Parties under Conventions

Investigation and prosecution of offences against Act or referred to in Conventions

63 Application of sections 64 and 65

64 Attorney-General to indicate to relevant States Parties whether New Zealand to exercise jurisdiction

65 Attorney-General to notify relevant States Parties if person taken into custody

66 Rights of certain persons taken into custody to communicate with consular representative, etc

67 Attorney-General's consent to prosecutions required

68 Attorney-General to communicate outcome of prosecution

Extradition

69 Offences deemed to be included in extradition treaties

Review of provisions to implement Anti-terrorism Resolution

[Repealed]

70 Review of operation of certain provisions of this Act [Repealed]

Relationship with other enactments

71 Criminal Proceeds (Recovery) Act 2009 not affected

72 United Nations Act 1946 not affected

Regulations

73 Regulations

Revocations and saving and transitional provision

74 Revocations

75 Saving and transitional provision relating to specified entities [Repealed]

Amendment to Extradition Act 1999

76 Amendment to Extradition Act 1999

Amendment to Financial Transactions Reporting Act 1996

77 Amendment to Financial Transactions Reporting Act 1996

Amendment to Immigration Act 1987

78 Amendment to Immigration Act 1987

Amendments to Mutual Assistance in Criminal Matters Act 1992

79 Schedule amended to refer to Bombings Convention

80 Schedule amended to refer to Financing Convention

Amendment to Proceeds of Crime Act 1991

[Repealed]

81 Amendment to Proceeds of Crime Act 1991 [Repealed]

Schedule 1
International Convention for the Suppression of Terrorist Bombings

Schedule 2
International Convention for the Suppression of the Financing of Terrorism

Schedule 2A
Convention on the Physical Protection of Nuclear Material and Nuclear Facilities

Schedule 2B
Convention on the Marking of Plastic Explosives for the Purpose of Detection

Schedule 2C
Nuclear Terrorism Convention

Schedule 3
Specified terrorism conventions

Schedule 4
United Nations Security Council Resolution 1373 (2001)

Schedule 4A
United Nations Security Council Resolution 1267 (1999)

Schedule 4B
United Nations Security Council Resolution 1333 (2000)

Schedule 4C
United Nations Security Council Resolution 1390 (2002)

Schedule 5
Details to be included in suspicious property reports

Terrorism Suppression Amendment Act 2007

Reprint notes