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Act to Amend the Measures to Combat Terrorism and Transnational Organised Crime Act

REPUBLIC OF KIRIBATI
(No. 12 of 2008)I assent,
Beretitenti
Assented: 31 stDecember 2008
AN ACT TO AMEND THE MEASURES TO COMBAT TERRORISM
AND TRANSNATIONAL ORGANISED CRIME ACT
2005
Commencement: 2008
MADE by the Maneaba ni Maungatabu and assented to by the Beretitenti
1. Short title
This Act may be cited as the Measures to Combat Terrorism and Transnational
Organised Crime (Amendment) Act
2008.
2. Meaning of ‘principal Act’
In this Act ‘principal Act’ means the Measures to Combat Terrorism and Transnational
Organised Crime Act
2005.
3. Amendment of section 2(1)
Section 2(1) of the principal Act is amended—
(a)by inserting after the definition of ‘authorised officer’ the following
definitions—
“‘BCN weapon’ means a biological, chemical or nuclear weapon;
‘biological weapon’ means—
(a) any microbial or other biological agent, or toxin, whatever its
origin or method of production, of a type and in a quantity that
has no justification for prophylactic, protective or other peaceful
purposes, or
(b) any weapon, equipment or means of delivery designed to use
such agents or toxins for hostile purposes or in armed
conflict;

MEASURES TO COMBAT TERRORISM AND TRANSNATIONALORGANISED CRIME (AMENDMENT) ACT 2008
EXPLANATORY MEMORANDUM
This Act seeks to update the
Measures to Combat Terrorism and Transnational
Organised Crime Act
2005, to implement the legislative obligations imposed by the
following counter terrorism instruments—
. the
International Convention for the Suppression of Acts of Nuclear

Terrorism (the Nuclear Terrorism Convention);
• the 2005 amendments to the
Convention for the Physical Protection of
Nuclear Material
(the Nuclear Material Convention);
• the 2005 Protocol to the
Convention for the Suppression of Unlawful Acts
against the Safety of Maritime Navigation
(the SUA Convention); and
• the 2005 Protocol to the
Protocol for the Suppression of Unlawful Acts
against the Safety of Fixed Platforms Located on the Continental Shelf
(the SUA Protocol).
The opportunity is also taken to enhance some of the original provisions, to reflect
international developments, and to correct some errors in drafting.
Section 3 of the Act inserts a number of new definitions, required by the new
instruments. Section 4 corrects a drafting error in section 3 of the principal Act.
Section 5 inserts a new section 9A, to create the offence of committing a terrorist act.
Section 6 replaces section 10 of the principal Act, to improve upon the original
description of the offence of terrorism financing. Section 7 inserts a new section 1 4A, to
create the new offence of participation in a terrorist group.
Section 8 amends section 34(4) of the principal Act, to simplify the reference to the
Nuclear Material Convention. Section 9 amends section 35, to insert new provisions
required by the 2005 amendments to the Nuclear Material Convention. Section 10
amends section 36, to insert new provisions required by the 2005 Protocol to the SUA
Convention and the 2005 Protocol to the SUA Protocol. Section 11 inserts a new
Division 7 in Part VI, to implement our legislative obligations under the Nuclear
Terrorism Convention. Finally, section 12 amends Schedule 1 to the principal Act to
reflect the new counter terrorism instruments.
Titabu Tabane
Attorney General 24 June 2008
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