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Prevention of Terrorism Act

THE PREVENTION OF TERRORISM ACT, 2002

ARRANGEMENT OF SECTIONS

Section
Title

PART I

PRELIMINARY PROVISIONS

1. Short title.

2. Application.
3. Interpretation

PART II

PROHIBITION FOR ACTS OF TERRORISM

4. Definition and prohibition for terrorist act. 5. Commission of offence of terrorist meeting.
6. Offence of proscribed organization for commission of terrorist act.
7. Rendering support to terrorism. 8. Harbouring terrorist.
9. Possession of unauthorized articles, information, etc.
10. Prohibition against false threats of terrorist act.

11. Overriding effect.

PART III

SPECIFIED ENTITIES

12. International terrorism.
PART IV
OFFENCES

13. Provision or collection of funds to commit terrorist acts.
14. Collection of property or provision of property and services, for
commission of terrorist act.
15. Use property for commission of terrorist act.
16. Arrangements for retention or control of terrorist property.

17. Dealing with property owned or controlled by terrorist groups.
18. Soliciting and giving support to terrorist groups for the commission
of terrorist act.

.
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Prevention of Terrorism

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No. 21
2002
19. Harbouring of persons committing terrorist act.

20. Provision of weapons to terrorist group.
21. Recruitment of persons to be members of terrorist groups or to par-

ticipate in terrorist act.
22. Promotion or facilitation of the commission of terrorist acts in for-

eign states.

23. Promotion of offences.
24. Conspiracy to commit offences under this Act.
25. Membership of terrosrist groups.
26. Arrangement of meetings in support of terrorist groups.
27. Participation in the commission of offence under this Act.

PART V

INVESTIGATION OF OFFENCES

28. Powers of arrest.

29. Powers of Investigation in case of urgency.

30. Intelligence gathering.
31. Powers to intercept communications and the admissibility of inter-

cepted communication.

32. Detention of aircraft or vessel.
33. Power to seize property used in communication of terrorist act.

PART VI

TRIAL OF OFFENCES

34. Jurisdiction to try offences under this Act. 35. Evidence by certificate.

36. Orders for forfeiture of property on conviction for offences under

this Act.

PART VII

EXTRADITION AND MUTUAL ASSISTANCE IN CRIMINAL MATTERS

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

38. Counter terrorism conventions to be used as basis for extradition.
39. Offences not to be deemed political.

PART VIII

MISCELLANEOUS PROVISIONS

40. Duty to disclose information relating to offences and terrorist acts.

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3
41. Duty to disclose information relating to property of terrorist groups
or property used for commission of offences under this Act.
42. Orders for seizure and restrain of Property.
43. Orders for forfeiture of property.
44. Refusal of applications for registration and the revocation of regis-

tration of trustees linked to terrorist groups.

45. Provision of information relating to passengers of vessels and air-

craft and persons entering and leaving the country.

46. Power to prevent entry and order the removal of persons.
47. Power to refuse refugee application.

4 8. Power to make Regulations.
I

PART IX

CONSEQUENTIAL AMENDMENTS

49. Amendment of the Criminal Procedure Act, 1985.
50. Amendment of the National Security Act, 1970.
5 1. Amendment of the Extradition Act, 1965.

52. Amendment of the Proceeds of Crime Act, 1991.
53. Amendment of the Immigration Act, 1995.
54. Amendment of the Evidence Act, 1967.

Prevention of Terrorism

2002
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No. 21
ACT No. 21 OF 2002

President

An Act to provide for comprehensive measures of dealing with terro-
rism, to prevent and to co-operate with other states in the suppression

of terrorism and to provide for related matters.

ENACTED by the Parliament of the United Republic of Tanzania.
PART I

PRELIMINARY PROVISIONS

1. This Act may be cited as the Prevention of Terrorism Act, 2002

and shall come into operation on such date as the Minister may, by No-

tice, published in the Gazette.
Short title

2.(1) This Act shall apply to Mainland Tanzania as well as to Tanza-

nia Zanzibar.
Applica-

tion

(2) Any person who commits an offence punishable under this Act

beyond the United Republic of Tanzania shall be dealt with under this Act in the same manner as if the act constituting an offence was com-

mitted in the United Republic of Tanzania.

3. in this Act, unless the context requires otherwise-
Interpreta-

tion

”Act” means the Prevention of Terrorism Act, 2002;

11aircraft” includes an aeroplane, glider and helicopter;

“commulucation” means a communication received or transmitted by
A
I ASSENT,
14th December, 2002

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No. 21
Prevention of Terrorisrn

2002
post, telegraphic, telephone or other communication received or trans-

mitted by electricity, magnetism, or other means;

it communication service provider” means a person who provides ser-
, vices or the transmission or reception of communication;

”Court” means the High Court of Tanzania and, as the case may be, the
High Court of Zanzibar

“financial institution, mans a commercial bank, any other institution

Act No. 12

which makes loans, advances, investments or accepts deposits
of money from the public and includes a financial institution as
defined under the Banking and Finance Institution Act, 1991;.

of 1991

“group or entity” means a person, group trust partnership fund or an

”Master” in relation to a vessel, means the owner or a person for the
time being incharge or command or control of a vessel;

”Minister” means the Minister responsible for home affairs;

“operation” in relation to an aircraft, means the owner or person for the

time being incharge or command or control of an aircraft;

“police officer” means, except where the context requires otherwise,

police officer of or above the rank of Assistant Superintendent of

Police;

” proceeds of terrorism” means all kinds of properties which have been

derived or obtained from commission of funds traceable to a terrorist

act, and include cash irrespective of a person in whose name such

proceeds are standing or in whose possession or control they are found;

” property” means any property and any assets of every description,
whether corporeal or incorporeal, movable or immovable, tangible or
intangible and deeds and instruments evidencing title to, interest in,
such property or asset and includes bank account;

”terrorist act” means an act or omission referred to under section 4 of

the Act and the expression ”terrorist” shall be construed accordingly.

PART II

PROHIBITION FOR ACTS OF TERRORISM

4-(1) No person in the United Republic and no citizen of Tanzania

outside the United Republic shall commit terrorist act and a person who

does an act constituting terrorism, commits an offence,

Definition
and

prohibi-
tion for
terrorism

act unincorporated association or organisation;

Prevention of Terrorism

No. 21
2002
7
(2) A person commits terrorist act if, with terrorist intention, does an

act or omission which-

(a) may seriously damage a country or an international organi-zation; or

(b) is intended or can reasonably be regarded as having been
intended to-

(i)
seriously intimidate a population;

(ii) unduly compel a Government or perform or abstain
from performing any act;
(iii) seriously destabilise or destroy the fundamental politi-

cal, constitutional, economic or social structures of
country or an international organization; or

(iv) otherwise influence such Government, or international
organization; or

(c) involves or causes, as the case may be-
(i) attacks upon a person’s life which may cause death;

(ii) attacks upon the physical integrity of a person;

(iii) kidnapping of a person,

(3) An act shall also constitute terrorism within the scope of this Act

if it is an act or threat of action which-

(a) involves 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;

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Prevention of Terrorism

No. 21

2002
(f) involves releasing into the environment or any part of it or

distributing or exposing the public or any part of it to-

any dangerous, hazardous, radioactive or harmful sub-

(i)

stance;

(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 in-

frastructure, banking or financial services, utilities, transpor-

tation 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 re-

garded as being intended to-

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

(ii) compel the Government or an international organiza-
tion to do, or refrain from doing, any act,
and is made for the purpose of advancing or supporting act which con-

stitutes terrorism within the meaning of this Act.

(4) An act which-
(a) disrupts any services;

(b) is committed in pursuance of a protest, demonstration or stop-
page of work,

shall be deemed not to be a terrorist act within the meaning of this sec-

tion, so long and so long only as the act is not intended to result in any

harm referred to in paragraphs, (a), (b), (c), or (d) of subsection (3).

(5) In this Act, unless the context requires, otherwise, any reference

to ”terrorist act” shall include any act referred to in sections 5, 6, 7, 8, 9
and 10.

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Prevention of Terrorism

2002
9
5. A person commits an offence who-

Commis-

sion of of-

(a) arranges, manages or assist In arranging or managing or par-

fence of

ticipates in a meeting or an act knowingly that it is con-

cerned with an act of terrorism;
terrorist

meeting

(b) provides logistics, equipment or facilities for a meeting or an act knowingly that it is concerned with an act of terrorism; or

(c) attends meeting knowingly that it supports a proscribed or- ganization or to further the objectives of proscribed organi-

zation.

6-(1) Where two or more persons associate for the purpose of, or

where an organization engages in any act for the purpose of-
Offence of

proscribed

organiza-

tion for

(a) participating, or collaborating, in an act of terrorism;
commis-

sion of

terrorist

(b) promoting, encouraging or exhorting others to commit an act

of terrorism; or
act

(c) setting up or pursuing acts of terrorism,

the Minister may declare such person or organization to be a proscribed

Organization.

(2) A person who belongs, or professes to belong, to a proscribed

organization commits an offence.
(3) It shall be a defence for a person charged under subsection (2)

to prove that the organization in resppect of which he is charged had not

been declared a proscribed organization at the time the person charged

became a member or began to profess to be a member of that organiza-

tion and that he has not taken part in the activities of that organization at

any time after it had been declared to be a proscribed organization.
7.-(I) A person commits an offence who, in any manner or form-
Rendering
support to
terrorism

(a) solicits support for, or tenders support in relation to, an act of

terrorism, or

(b) solicits support for, or tenders support to, a proscribed orga-
nization.

.

10 No. 21

Prevention of Terrorism

2002

(2) “Support” as used in subsection (1), means and includes-
(a) instigation to the cause of terrorism;

(c) offering of or provision Ofmoral assistance, including invita-
tion to adhere to a Proscribed organization;

(d) the Provision of, or making available such financial or other
related services to a terrorist, group or entity which is con-

cerned with terrorist act;

(e) dealing directly or indirectly, in any property that is owned
or controlled by or on behalf of any terrorist or any
entity owned or controlled by any terrorist, including
funds derived or generated from Property owned or
controlled, directly or indirectly, by any terrorist or
any entity owned or controlled by any terrorist; or

(f) entering into Or facilitating, directly or indirectly, any fman-
cial transaction related to a dealing in Property referred to in

paragraph (e).

Harbouring
8. A person who harbours, conceals, or causes to be harboured or
concealed, any person whom he knew to have committed or to have

been convicted of, an act of terrorism, or against whom he knew that a

terrorists

warrant Of arrest or Imprisonment in relation to an act Of terrorism had
been issued, commits an offence.

Possession
9-(1) A person shall commit an offence under this section who is in

Possession of any code, password, sketch, plan, model, note or other
document, article or information which relates to or is used in a pro-

tected place or anything in that place, in contravention of this Act or the

Protected Places and Areas Act, 1969, Or which has been entrusted to

that person in confidence by any Person holding office, or he had access

to office from Or which he has obtained or to which that Person had

access Owing to the position or office held by him or as a person who is
or was Party to a contract with the Government.

of

unautho-
rized

article in-

fortnation,
etc. Act

No. 38 of
1969

(2) A person who is in possession of anything specified under sub-

section (1), and who-
(b) offering of material assistance, weapons including bi-
ological, chemical or nuclear weapons, explosives,
training, transportation, false documentation or
identification;

Prevention of’ Terrorism

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2002
11
(a) uses it for a terrorist intention or for any purpose prejudicial

to the safety or interest of the United Republic; or
(b) communicates such information to any person other than a
person to whom there exist an authority to communicate it or
to whom it is in the interest of the United Republic to com-

municate it; or

(c) fails to take proper care of, or so conducts himself as to en-
danger the safety of that information; or

(d) retains the sketch, plan, model, note, document or article when
he has no right or when it is contrary to his duty so to do, or
fails to comply with any lawful directions with regard to the

return or disposal of such things; or

(e) uses anything described in paragraphs (a), (b), (c) or (d) for
terrorist purposes,

commits an offence against this Act.

(3) Any person who receives any code, password, sketch, plan, model,

note or other document, article or information, knowingly or having

reasonable grounds to believe at the time when receives it that the same is communicated to him in furtherance of or rendering support to terror-

ist act contravention of the provisions of this Act unless a proof exist

that such communication was against his wish, commits an offence.

16.-(l) No person in the United Republic and no citizen of Tanzania

outside the United Republic shall communicate or make available by
any means any information which he knows or believes to be false to

another person with the intention of inducing in him or any other person a false belief that a terrorist act has been, is being or will be carried out.
Prohibi-

tion

against
false

threats of

terrorist
acts

(2) No person in the United Republic and no citizen of Tanzania

outside the United Republic shall place any article or substance in any

place whatsoever with the intention of inducing in some other person a false belief that-

(a) the article or substance is likely to explode or ignite and
thereby cause personal injury or damage to property; or

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No. 21

2002

Prevention of Terroris),n
(b) the article contains or the substance consists of

(i) any dangerous, hazardous, radioactive or harmful sub-
stance;

(ii) any toxic chemical; or

(iii) any microbial or other biological agent, or toxin, that is
likely to cause death, disease or personal injury or dam-
age to property.

(3) No person in the United Republic and no citizen of Tanzania out-

side the Unitd Republic shall dispatch any article or substance by post,

rail or any other means whatever of sending things from one place to
another with the intention of inducing in some other person a false be-

lief that-

(a) the article or substance is likely to explode or ignite and
thereby cause personal injury or damage to property; or

(b) the article contains or the substance consists of-

any dangerous, hazardous, radioactive or harmful sub-

(i)

stance;

(ii) any toxic chemical; or
(iii) any microbial or other biological agent, or toxin, that is
likely to cause death, disease or personal injury or dam-
age to property.

(4) For the purposes of subsections (1), (2) and (3), a reference to a

Person inducing in any other person a false belief does not require the
first mentioned person to have any particular person in mind as the per-
son in whom he intends to induce the false belief.

11. The Provisions of this Act shall have effect notwithstanding any-

thing inconsistent with this Act contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment

other than this Act.

Oveniding

effect

PART III

SPECIFIED ENTITIES

12-(1) The Minister may declare any person to be a suspected inter-

national terrorist where-

Intema-

tional

tefforism

Prevention of Terrorism

No. 21

2002
13
(a) he reasonably suspects that the person-

is or has been concerned in the commission, prepara-

tion or instigation of acts of international terrorism;

(i)

(ii) is a member of, or belongs to, an international terrorist
group or entity;

(iii) has links with an international terrorist group, and he
reasonably believes that the person is a risk to national

security;

(b) the person is listed as a person involved in terrorist acts in
any Resolution of the United Nations Security Council or in
any instrument of the international community; or

(c) the person is considered as a Person involved in international
terrosist acts by such State or other international organiza-

tion.

(2) Where the Minister makes a declaration under subsection (1) (a),

he shall, in such manner as he considers appropriate, cause the person
declared to be a suspected international terrorist to be notified as is rea-

sonably practicable.

(3) The Minister may declare a group to be an international terrorist

group if the group-

(a) is subject to the control or influence Of Person outside the
United Republic, and the Minister reasonably suspects that itis concerned in the commission, preparation or instigation of

acts of internatinal terrorism; or
(b) is listed as a group or entity involved in terrorist acts in ac-
cordance with the Resolutions of the United Nations Secu-
rity Council or in any instrument of the international com-

munity as ”may be made from time to time; or

(c) is considered as a group or entity involved in intemational
terrorist acts as the Minister may approve and publish in the

Gazette.

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Prevention of Terrorism

No. 21

2002
(4) Reference in this Act to a Proscribed organization shall be deemed

to include reference to an international terrorist group and, whenever

applicable, to a suspected international terrorist.

(5) The Minister may, with respect to any suspected international

terrorist or an international terrorist group, make regulations to provide-

(a) for the freezing of his or its funds, financial assets or other
economic resources, including funds derived from property,
owned or controlled directly or indirectly, by him or it, by

persons acting on his or its behalf or at his or its direction;

(b) for the prevention of his or its entry into, or transit in, the
United Republic;

(c) for the prohibition of the direct or indirect supply, sale and
transfer to him or it of arms, weapons, ammunitions, military

vehicles and equipment, paramilitary equipment, spare parts
and related material, and technical advice, assistance, or train-

ing related to military activities;

(d) that any person who contravenes any regulations made under
this subsection shall commit an offence and shall, on convic-

tion, be liable to penal servitude for a period not exceeding
five years.

(6) The Minister shall give notice in relation with any declaration

made under subsections (1) and (3) in the Gazette and in such other

manner as he deems fit.

(7) In this section-

(a) ”an act of international terrorism” shall be construed as mean-
ing an act of terrorism involving non citizens; and
”international terrorist group” means a person or group of

(b) an

persons or an organization not being a citizen of Tanzania or

whose origin is outside Tanzania and who or which is sus-

pected to have committed any of the offences referred to un-
der subsection (1).

No. 21

Prevention of Terrorism

2002
15
PART IV

OFFENCES

13. 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 fall 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 fifteen years and not more
than twenty years.
Provision

or collec-

tion of
funds to

commit

terrorist

acts

collection

14. Every person who, directly, collects property or provides,
invites a person to provide, or makes available, property or financial
or other related services-
of prop-

erty or

provision

of prop-

(a) intending that they be used, in whole or in part, for the
erty and

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
services,

for com-

mission of

terrorist

acts

(b) knowing that in whole or part, they will be used by, or will

benefit, a terrorist group,
commits an offence and shall on conviction, be liable to imprisonment
for a term not less than twenty years and not more than twenty five

years.

15. Every person who-
Use of
property
for com-
mission of
terrorist
act

(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,
commits an offence and shall on conviction, be liable to imprisonment

for a term not less than fifteen years and not more twenty years.
Arrange-

16. Every person who knowingly enters into, or becomes concerned

in, an arrangement which facilitates the retention or control by or on
ment for

retention or

behalf of another person of terrorist property-
control of

terrorist

(a) by concealment,
Property

.

16

No. 21
Prevention of Terrorism

2002
(b) by a removal out of jurisdiction,

(c) by transfer to a nominee, or
(d) many other way,

commits an offence and shall on conviction be liable to imprison-

ment for a term not less than fifteen years and not more than twenty
five years.

17.-(I) Every person who knowingly-

Dealing

with prop-

erry owned
(a) deals, directly or indirectly, in any property that is owned

or controlled by or on behalf of a terrorist group;

or con-

trolled by

terrorist

(b) enters into, or facilitates, directly or indirectly, any trans-

groups

action 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) as the direction of a terrorist

group,

commits an offence and shall on conviction, be liable to imprison-
ment for a term not less than twenty years but not more than thirty

years.

(2) A person who acts reasonably in taking or omitting to take

measures to comply with subsection (1) shall not be criminally li-
able for having taken, or omitted to have taken those measures if he

proves that he took all reasonable means to satisfy himself that the relevant property was not owned or controlled by or on bahalf of a

terrorist group.
18.-(I) Every person who knowingly, and in any manner-

Soliciting

and giving

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

terrorist

or

groups for

the corn-

(b) solicits support for, or gives support to the commission

of a terrorist act,

mission of

terrorist
acts

Prevention of Terrorism

No. 21
2002

17
commits an offence and shall on conviction be liable to imprisonment

for a term not less than twenty years and not more than thirty 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.

19. Every person who harbours or conceals, or prevents, hinders or

interferes with the apprehension of, any other person knowing, or hav-
ing reason to believe that such other person-
Harbouring

of persons

committing

terrorist
acts

(a) has committed a terrorist act; or
(b) is a member of a terrorist group,

is guilty of an offence and shall on conviction, be liable to imprison-
ment for a term not less than eighteen years and not more than thirty
years.

20. Every person who knowingly offers to provide, or provides any

weapon to-
Provision

of weapons

to terrorist
groups

(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 imprison-

ment for a term not less than twenty years and not more than thirty

years.

21. Every -person who knowingly agrees to recruit, or recruits, an-

other person-
Recruit-

ment of

persons to

be

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

of terrorist

groups or

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

commits an offence and shall on conviction be liable to imprisonment

for a term not less than fifteen years and not more than twenty years.
to

participate
in terrorist
acts

18

Prevention of Terrorism

No. 21

2002
22. Every person who, in the United Republic-

Promotion

or
(a) knowingly Promotes or facilitates the doing of any act in a

facilitation

foreign state for the purpose of achieving any of the follow-
ing objectives, whether or not the objective is achieved-

of the
coratnis-

Sion of

terrorist

W
the overthrow, by force or violence, of the government
of that foreign state;

acts in

foreign

states

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

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

(a) is the head of state of that foreign state; or
(b) holds or performs any of the duties of, a public of- fice of that foreign state;

(iv) unlawfully, destroying or damaging any property belong-

ing to the government 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 ob-

jectives of which are, or include, the objectives referred to in
paragraph (a);

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

(d) trains or drills, or participates in the training or drilling, or
any other person in use of weapons or in the Practice of mili-

tary 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 movementsfor the purpose of doing any act referred to in paragraph (a);

or

(f) gives any money or goods to, or performs services for, any
other person or body or association of persons for the pur-

pose of promoting or supporting the doing of an act referred

to in the paragraph (a);

No. 21

Prevention of Terrorism

2002
19
(g) receives or solicits money or goods or the performance of

services for the purposes of promoting or supporting the do-

ing of an act referred to in paragraph (a),

commits of an offence and shall on conviction, be liable to imprison-

ment for a period of term not less than twenty years and not more than

thirty years.

23. Every person who being-
Promotion

of offences

(a) the owner, occupier, lessee or person in charge of any build-

ing, 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 ves-
sel or the owner, charterer lessee, operator, agent or pilot m

charge of an air craft knowingly permits that vessel or air-

craft to be used,

for the purposes of committing an offence or promoting or supporting

the commission of an offence, commits an offence and shall on convic-

tion, be liable to imprisonment for a term not less than fifteen years and

not more than twenty years.

24.-(1) Every person who conspires with another person in the United

Republic to do any act in any place outside the United Republic, being

an act, which if done in the United Republic, would have constituted an

offence under this Act shall be deemed to have, conspired to do that act,

in the United Republic.
Conspiracy

to commit

offences
under this
Act

(2) Every person who conspires with another person in a place whether

within or outside the United Republic to do any act in the United Re-

public which constitutes an offence under this Act, shall be deemed to

have conspired in the United Republic to do that act.

25.-(1) Every person who-
Member-

ship of

terrorist

(a) is a member of;
groups

(b) professes to be a member of,

a terrorist group, is guilty of an offence and shall, on conviction, be

liable to imprisonment for term not less than eighteen years.

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No. 21
Prevention of Terrorism

2002
(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 –

(a) became a member of, or
(b) Professed to be a member of,

that entity, or- that he has not taken part in the activities of that entity,

after it became a terrorist group.

Arrange-
26.-(1) Every person who arranges, manages or assists in arranging

or managing a meeting which he knows is-

ment of

meetings

in support
(a) to support a terrorist group;

of terrorist
groups
(b) to further the activities of a terrorist group,

(c) to be addressed by a person who belongs or professes to be- long to a terrorist group,

is guilty of an offence and shall on conviction be liable to imprisonment

for a term not less than ten years and not more than fifteen years.

(2) In this section ”meeting” means a meeting of three or more

Persons, whether or not the public are admitted.

27. Every person who–

Participa-

tion in the
(a) aids and abets the commission;

(b) attempts to commit;

commis-

sion of

(c) conspires to commit;

offences

under this
(d) counsels Or Procures the commission of,
an offence under this Act, is guilty of an offence and shall on conviction,

be liable to the same punishment as is prescribed for the first mentioned

offence.

Act

PART V

INVESTIGATION OF OFFENCES

28,-(1) Any police officer may arrest without warrant any

Person who has committed or is committing or whom he has reasonable

grounds for suspecting to have committed or to be committing an of-
fence under this Act.

Powers of

arrest

(2) For the purposes of subsection (1), “police officer” means

and include a police officer of or above the rank of Assistant Superin-
tendent, an immigration officer or a member of Tanzania intelligent

security service.

No. 21

Prevention of Terrorism

2002
21
29,-(l) Notwithstanding the provisions of the Criminal Pro-

cedure Act, 1985, where, in a case of urgency, application to the court
Power of
investig-
ation in
cases of
urgency
Act No. 9
of 1983

to obtain a warrant would cause delay that may be prejudicial to the

maintenance of public safety or public order, a police officer, not below

the rank of Assistant Superintendent, or incharge of a police station may,
notwithstanding any other Act, with the assistance of such other police

officers as may be necessary-

(a) enter and search any premises or place, if he has reason to suspect that, within those premises or at that place-
(i) an offence under this Act is being committed or likely to
be committed; and

(ii) there is evidence of the commission of an offence under
this Act;
(b) search any person or vehicle found on any premises or place which

he is empowered to enter and search under paragraph (a);

(c) stop, board and search any vessel, aircraft or vehicle if he has reason

to suspect that there is in it evidence of the commission or likelihood
of commission of an offence under this Act;

(d) seize, remove and detain anything which is, or contains or appears

to him to be or to contain or to be likely to be or to contain, evidence

of the commission of an offence under this Act;

(e) arrest and detain any person whom he reasonably suspects of having

committed or of being about to commit an offence under this Act.

(2) A police officer may use such force as may be necessary for

the exercise of the powers conferred by subsection (1).
(3) Any person found on any premises or place or in any vessel,

aircraft or vehicle may be detained by a police officer until the comple-

tion of the search under subsection (1)

(4) Where a seizure is effected under this section, a list of all the

articles, documents and other matters seized shall forthwith be deliv-

ered.
(5) For the purposes of this section, the degree of force which may

be used shall not be greater than is reasonably necessary.

(6) A police officer who uses such force as may be necessary for

any purpose, in accordance with this Act, shall not be liable, in any

criminal or civil proceedings, for having, by the use of force, caused

injury or death to any person or damage to or loss of any property.

Intelli-

30.-(1) The Minister may, for the purposes of the prevention or

.

gence
gathering

detection of offences of terrorism or for the purposes of prosecution of

.

Prevention of Terrorism

22
No. 21

2002
offenders under this Act, give such directions as may appear to him

to be necessary to-

(a) communication service providers generally;

(b) communication service providers of a specified description;
(c) any particular communication service provider.
(2) Before giving a direction under this section, the Minister may

consult any communication service provider he deems fit to consult,
(3) A direction under this section shall specify the maximum pe-

riod for which a communication service provider may be required to

retain Communications data.
(4) In this section-

“communication service provider” means a person who provides postal,

information, or communication, including telecommunications and

internet service providers;

”data” means information recorded in a form in which it can be pro-
cessed by equipment operating automatically in response to instruc-

tions given for that purpose. (5) In the event of resistance, the court may, on application by the

Attorney General, issue an order directing the communication service

provider to comply with the direction of the Minister.

31.—(l) Subject to subsection (2), a police officer may, for the

purpose of obtaining evidence of the commission of an offence under
this Act, apply, ex parte, to the Court, for an interception of communica-

Powers to

intercept

conimuni-
cations

tions order.

and the
admissibi-

(2) A police officer may make an application under subsection (1)

only with the prior written consent of the Attorney General.

lity of

intercepted

communi-

(3) A Court to whom an application is made under subsection (1),
may make an order –

cations

(a) requiring a communications service provider to intercept and
retain a specified communication or communications of a

specified description received or transmitted, or about to be

received or transmitted by that communication service pro-
vider;

(b) authorizing the police officer to enter any premises and to
install on such premises, any device for the interception and

retention of a specified communications of a specified de-

scription and to remove and retain such device,
if the Court is satisfied that the written consent of the Attorney General

Prevention of Terrorism

No. 21

2002
23
has been obtained as required by subsection (2) and that there are rea-
sonable grounds to believe that material information relating to –

(i) the commission of an offence under this Act, or(ii) the whereabouts of the person suspected by the police officer

to have committed the offence,

is contained in that communication or communications of that descrip-

tion.

(4) Any information contained in a communication –

(a) intercepted and retained pursuant to an order under subsec-
tion (3);

(b) intercepted and retained in a foreign state in accordance with
the law of that foreign state and certified by a Court of that
I

foreign state to have been so intercepted and retained,

shall be admissible in proceedings for an offence under this Act, as evi-
dence of the truth of its contents notwithstanding the fact that it contains

hearsay.

32.-(1) The Inspector General of Police may issue ,detention or-
Detention

of aircraft

der in respect of an aircraft or vessel if he is of opinion, that-
or vessel

(a) a threat has been made to commit an act of violence against the
aircraft or vessel, or against any person or property on board the

aircraft or vessel- or
I

(b) an act of violence is likely to be committed against the aircraft or

vessel , or against any person or property on board the aircraft

or vessel.

(2) Where the operator of an aircraft or vessel fails to comply

with a detention order under subsection (1), the authorised person may-
(a) enter, or authorise any other person to enter, the aircraft or ves-

sel;

(b) arrange for a person or thing to be removed from the aircraft or

vessel, and may use reasonable force, or authorise the use of

reasonable force by another person for any such purpose.
(3) The authorised person shall give written notice to the operator

of the aircraft or vessel of any detention order issued under this section.
(4) Where the operator of an aircraft or vessel objects to a deten-

tion order, the Minister may, after hearing the interested parties, con-
firm, vary or cancel the order.

24

No. 21
Prevention of Terrorism

2002
(5) Any person who-

(a) without reasonable excuse, fails to comply with the require-

ment of a detention order; or

(b) intentionally obstructs or hinders any person acting in accor-

dance with subsection (2),

commits an offence.

(6) For the purposes of this section, the Minister may, in writing,

designate as an authorised person such person as he deems appropriate.

33-(1) Where the Inspector General of Police or Commissioner

of Police has reasonable grounds for suspecting that any property has

been, or is being, used to commit an offence under this Act, he may seize

Power to

seize

property

used in

the property.

commis-
Sion of
(2) The Inspector General of Police or Commissioner of Police may

exercise his powers under subsection (1), whether or not any proceed-
ings have been instituted for an offence under this Act in respect of that

property.

terrorist

acts

(3) The Commissioner of Police, shall as soon as practicable after

seizing any property under subsection (1), make an application, exparte,

Ito the Court for a detention order in respect of that property.
(4) A Court to whom an application is made under subsection (3),

shall not make a detention order in respect of the property referred to in

the application unless he-

(a) has given every person appearing to have an interest in the prop-
erty, a reasonable opportunity of being heard; or

(b) has reasonable grounds to believe that the property has been, or

is being, used to commit an offence under this Act.

(5) Subject to subsection (6), every detention order made under
subsection (4), shall be valid for a period of sixty days, and may, on

application, be renewed by the Court, for a further period of sixty days

until such time as the property referred to in the order is produced in
Court in proceedings for an offence under this Act in respect of that

property.

(6) The Court may release any property referred to in a detention

order made under subsection (4) if –

(a) no longer has reasonable grounds to suspect that the property it
has been or is being used to commit an offence under this Act;
or

Prevention of Terrorism

No. 21

2002
25
(b) no proceedings are instituted in the Court for an offence under

this Act in respect of that property within 6 months of the date
of the detention order.
(7) A seizure of any property by the police officer under subsection

(1) shall not be deemed to be a contravention of section 8.

(8) No civil or criminal Proceedings shall lie against the police

officer for a seizure of property made in good faith pursuant to the pro-

visions of subsection (1).

PART VI

TRIAL OF OFFENCES

Jurisdic-
34.-(I)
The High Court shall have jurisdiction to try offences

tion to try

under this Act.
offences

under this

(2) No prosecution for an offence under this Act shall be instituted
except by or with the consent of the Director of Public Prosecutions.
Act

(3) A Court may, on motion by or on behalf of the Director of

Public Prosecutions, order that no person shall publish –

(a) the name, address or photograph of any witness in any case tried
or about to be tried before it for any offence under this Act; or

(b) any evidence or any otherinatter likely to lead to the identifica- tion of the witness.

(4) A Court may, on motion by or on behalf of the Director of

Public Prosecutions, in the interest of public safety or public order, ex-

clude from proceedings instituted for any offence under this Act, any

person other than the parties and their legal representatives.

(5) Any person who contravenes an order made under subsection
(6) For the purposes of subsection (2), an act or omission commit-

ted outside the United Republic and which would, if committed in the
United Republic constitute an offence under this Act, shall be deemed
to have been committed in the United Republic if the person committing

the act or omission is present in the United Republic and cannot be
extradited to a foreign state having jurisdiction over the offence consti-
tuted by such act or omission.

26

No. 21
Prevention of Terrorism

2002
Evidence

35. Where in any proceedings for an offence under this Act, a ques-

tion arises as to whether anything or a substance is a weapon, a hazard-

ous, radioactive or a harmful substance, a toxic chemical or microbial or

other biological agent or toxin, a certificate purporting to be signed by

an appropriate authority to the effect that the thing or substance described

in the certificate is a weapon, hazardous, radioactive or harmful sub-

stance, a toxic chemical or microbial or other biological agent or toxin,
shall be admissible in evidence without proof of the signature or author-

ity of the person appearing to have signed it and shall, in the absence of
evidence to the contrary, be proof of the facts stated therein.

by

certificate

36.–41) Where any person is convicted of an offence under this

Act, the Court may order that any property –
(a) used for, or in connection with; or

Orders for

forfeiture
of property

on

(b) received as payment or reward for,

conviction

for
the commission of that offence, be forfeited to the United Republic.

offences

under this
(2) Before making an order under subsection (1), the Court shall

give every person appearing to have an interest in the property in respect

Act

of which the order is proposed to be made, an opportunity of being heard.
(3) Property forfeited to the United Republic under subsection (1),

shall vest in the Government –

(a) if no appeal has been made against the order, at the end of the
period within which an appeal may be. made against the order; and

(b) if an appeal has been made against the order, on the final determi-
nation of the appeal.

PART VII

EXTRADITION AND MUTUAL ASSITANCE IN
CRIMINAL MATTERS

37. The Inspector General of Police or Commissioner of Police may,

on a request made by the appropriate authority of a foreign state, dis-

close to that authority any information in his possession or in the posses-
sion of any other government department or agency, relating to any of

Exchange

of
Informa-

tion

relating to
terrorist
groups and

(a) the actions or movements of terrorist groups or persons suspected

terrorist

of involvement in the commission of terrorist acts;

acts

(b) the use of forged or falsified travel papers by persons suspected
of involvement in the commission of terrorist acts;

the following-

Prevention of Terrorism

No. 21

2002
27
(c) traffic in weapons and sensitive materials by terrorist groups or

persons suspected of involvement in the commission of terroristacts; or

(d) the use of communications technologies by terrorist groups,

if the disclosure is not prohibited by any provision of law and will not,

in the mind of the Inspector General of Police or Commissioner of

Police, be prejudicial to national security or to public safety.

38.-(1) Where the United Republic becomes a party to a counter
Counter
terrorism
Convention
to be used
in basis for
extradition
Act No. 15
of 1965.

terrorist convention and there is in force, an extradition arrangement

between the Government of the United Republic and another state
which is a party to that counter terrorism convention, the extradition

arrangement shall be deemed, for the purposes of the Extradition Act, 1965 to include provision for extradition in respect of offences falling
I

within the scope of that counter terrorism convention.

.

(2) Where the United Republic becomes a party to a counter terror-

ism convention and there is no extradition arrangement between the

Government of the United Republic and another state which is a party to

that counter terrorism convention, the Minister may, by Order published
in the Gazette, treat the counter terrorism convention, for the purposes

of the Extradition Act, 1965 as an extradition arrangement between the

Government of the United Republic and that state, providing for extra-

dition in respect of offences falling within the scope of that counter-

terrorism convention.

39. Notwithstanding anything in the Extradition Act, 1965 an of-
Offences

not to be

fence which causes ~

deemed

(a) death or serious bodily harm to a person; or
political

(b) serious damage to property,
Act No. 15

of 1965

shall for the purpose of extradition under this Act, be deemed not to be

an offience of a political character or an offence cor’mected with a politi-

cal offence or offence inspired by political motives.

PART VIII

MISCELLANEOUS

40-(1) Every person who has an information which maybe of
disclose

assistance in-
informa-

tion

(a) preventing the commission by another person, of a terrorist act,
relating to

(b) securing the arrest or prosecution of another person for an of-
offences

and

fence under this Act,
terrorist

acts
Dutyto

28

Prevention of Terrorism

No. 21

2002
shall forthwith disclose that information to a police officer not below

the rank of Assistant Superintendent of Police or to a police in-charge of

a station.

(2) Nothing in subsection (1) requires the disclosure of any infor-
mation which is protected by privilege.
(3) No civil or criminal proceedings shall lie against any person for

disclosing any information, in good faith, as required under subsection

M.

(4) Any person who fails to comply with subsection (1), commits an

offence and shall on conviction, be liable to imprisonment for a term not

less than two years and not more than five years.

41.-(1) Every person shall forthwith disclose to a police officer-

Duty to

disclose
(a) the existence of any property in his or her possession or control,

informa-

which is to his or her knowledge, owned or controlled by or on

tion

relating to

behalf of a terrorist group;

property of

terrorist
(b) any information regarding a transaction or proposed transaction

groups or

in respect of any property referred to in paragraph (a).

property

used for

(2) Every financial institution shall report, every three months, to

the police officer and any body authorized by law to supervise and regu-
late its activities-

commis-

sion of
offences

under this

Act

(a) that it is not in possession or control of any property owned or

controlled by or on behalf of a terrorist group;
(b) that it is in possession or control of such property, and the par-
ticulars relating to the persons, accounts, and transactions involved
and the total value of the property.

(3) In addition to the requirements of subsection (2), every financial

institution shall report, to the police officer, every transaction which

occurs within the course of its activities, and in respect of which there
are reasonable grounds to suspect that the transaction is related to the
commission of a terrorist act.

(4) No civil or criminal proceedings shall lie against any person for

making a disclosure or report, m good faith, as required under subsec-

tion (1) or (2) or (3).

(5) Every person who fails to comply with subsection (1) or (2) or

(3), commits an offence and shall on conviction, be liable to imprison-

ment for a term not less than twelve months.

Prevention of Terrorism

No. 21

2002
29
42-(1) Where the Court is satisfied, on an ex parte application,

that there are reasonable grounds to believe that there is in any building,

place or vessel, any property in respect of which an order of forfeiture

may be made under section 43, it will issue-
Orders for

seizure and

restraint of

property

(a) a warrant authorising a Police officer to search the building, place
or vessel for that property and to seize that, property if found, and

any other property in respect of which that police officer believes,
on reasonable grounds, that an Order Of forfeiture may be made

under section 35;

(b) a restraint order prohibiting any person from disposing of, or
otherwise dealing with any interest in that property, other than as
may be specified in the order.

(2) On an application made under subsection (1), the Court may, at

the request of the Attorney General and, if the Court is of the opinion

that the circumstances so require-

(a) appoint a person to take control of, and manage or otherwise deal

with, the whole or a Part of the property, in accordance with the
directions of the Court;

(b) require any person having possession of the property to give pos-

session thereof to the person appointed under paragraph (a).

(3) The power to manage or otherwise deal with the property under

subsection (2) includes –

(a) in the case of perishable or rapidly depreciating property, the
power to sell that property-, and

(b) in the case of the property that has little or no value, the power to
destroy that property.

(4) Before a person appointed under subsection (2) destroys any

property referred to subsection 3(b), he shall apply to the Court for a
destruction order.

(5) Before making a destruction order in relation to any property,
the Court shall require notice to be given, in such manner as the Court
may direct, to any person who, in the opinion of the Court., appears to
have an interest in the property and may provide that person with a rea- sonable opportunity to be heard.

30

No. 21
Prevention of Terrorism

2002
(6) The Court may order that any property in respect of which an

application is made under subsection (4), be destroyed if it is satisfied
that the property has little or no financial or other value.
(7) A management order under subsection (2), shall cease to have

effect when the property which is the subject of the management order
is returned to an applicant in accordance with the law or when it is for-
feited to the United Republic.

(8) The Attorney General may at any time apply to the Court to

cancel or vary a warrant or order issued under this section.

43-(1) The Attorney General may make an application to the

Court for an order of forfeiture in respect of –

Orders for

forfeiture
of property
(a) property owned or controlled by, or on behalf of, a terrorist group;

or

(b) property that has been, is being or will be used, in whole or part,
to commit, or facilitate the commission of, a terrorist act.
(2) The Attorney General shall be required to name as respondents

in the application under subsection (1) only persons who are known to

own or control the property which is the subject of the application. (3) The Attorney General shall give notice of an application under

subsection (1) to the respondents named in the application in such man-

ner as the Court may direct.

(4) If the Court is satisfied, on a balance of probabilities that, the
property which is the subject of the application, is property referred to
in subsection (1) (a) or (b), it shall order that the property be forfeited

and be disposed of as directed by the Court.
(5) Where a Court refuses an application under subsection (1), the
Judge shall make an order that describes the property and declare that it

is not property referred to in that subsection.

(6) On an application under subsection (1), a Court may require

notice to be given to any person, who in the opinion of the Court, ap-
pears to have an interest in the property, and any such person shall be
entitled to be added as a respondent to the application.

(7) If the Court is satisfied that a person referred to in subsection (6)-

(a) has an interest in the property which is the subject of the applica-
tion;

(b) has exercised reasonable care to ensure that the property would

Prevention of Terrorism

No. 21

2002
31
not be used to commit or facilitate the commission of a terrorist act;

and

(c) is not a member of a terrorist group,

the Court shall order that the interest shall not be affected by the order
and it shall also declare the nature and extent of the interest in question.

(8) A person who claims an interest in Property that has been for-

feited and who has not been given notice under subsection (6), may

make an application to the Court to vary or set aside an order made

under subsection (4) not later than sixty days after the day on which the
forfeiture order was made.
(9) Pending the determination of an appeal against an order of for-

feiture made under this section, property restrained under section 42,

shall continue to be restrained, property seized under a warrant issued

under that section, shall continue to be detained, and any person ap-

pointed to manage, control or otherwise deal with the property under

that section shall continue in that capacity,
(10) The provisions of this section shall not affect the operation of
any other provision of this Act respecting forfeiture of property.

44.-(1) The Minister may sign a certificate stating that, it is his

opinion, based on information received including any security or crimi- nal intelligence reports, that there are reasonable grounds to believe that
an applicant for registration as a registered trustees or a registered trust-
Refusal of

appfica-

tions for

registra-
tion, and

ees has made, is making, or is likely to make available directly or indi-

rectly, any resources to a. terrorist group.
the

revocation

of

registra-

(2) Upon the signing of a certificate under subsection (1), by the

Minister or a person authorized by him, shall cause the applicant or the
tion, of

trustees

registered trustees to be served, personally or by registered letter sent to

its last known address, with a copy of the certificate and a notice in-

forming it that, the certificate will be referred to the Court not earlier

than seven days after the service of the notice, and that, if the certificate

is determined to be reasonable, the applicant will not be eligible to be
registered as registered trustees or the registration of the registered trust-

ees of the trust will be revoked, as the case may be.
linked to
terrorist
groups

(3) The certificate or any matter arising out of it shall not be subject
I

to review or be restrained, prohibited, removed, set aside or otherwise
dealt with except in accordance with this section.

32

No. 21

Prevention of Terrorism
2002
(4) Seven days after service under subsection (2) or as soon as

practicable thereafter, the Minister or a person authorized by him shall-

(a) file a copy of the certificate in the Court for determination under
subsection (5); and

(b) cause the applicant or registered trustees to be served, personally
or by registered letter sent to its last known address, with a notice

informing it of the filing of the certificate.

(5) Upon the filing of a certificate in the Court under subsection (4),

it shall-

(a) examine in chambers, the information, including any security or
criminal or intelligence reports, considered by the Minister be-

fore signing the certificate, and hear any evidence or information

is admissible and may, on the request of the Minister, hear all or

part of that evidence or information in the absence of the appli- cant or registered trustees, if the Court is of the opinion that the

disclosure of the information would be prejudicial to national

security or endanger the safety of any person.

(b) provide the applicant or the registered charity with a statement
summarising the information available to the Court so as to en-

able the applicant or the registered charity to be reasonably
informed of the circumstances giving rise to the certificate, with-
out disclosing any information the disclosure of which would, in

the Court Is opinion, be prejudicial to national security or endan-
ger the safety of any person,

(e) provide the applicant or registered charity with a reasonable
opportunity to be heard; and

(d) determine whether the certificate is reasonable on the basis of all
the information available to the Court or if found not reasonable,
quash it.

(6) Where the Court determines, under subsection (5), that a certifi-

cate is reasonable, the Minister shall cause the certificate to be pub-

lished in the Gazette.

(7) A certificate determined to be reasonable under subsection (5),

shall be deemed for all purposes to be sufficient grounds for the refusal
of the application for registration of the charity referred to in the certifi-
cate or the revocation of the registration of the charity referred to in the

certificate.

No. 21

Prevention of Terrorisin

2002
33
45.-(1) The-

Provision

(a) operator of an aircraft or master of a vessel, departing from the
of

informa-

United Republic; or
tion

(b) operator of an aircraft registered in the United Republic or master
passengers

of a vessel registered in the United Republic, departing from any of vessels

place outside the United Republic,

may subject to regulations made under subsection (5), provide-
and

aircraft

and

(i) to the police officer any information in his possession, re-
persons
entering

lating to persons on board, or expected to be on board, the

aircraft or vessel, as the case may be;
and

leaving the
country

(ii) to the competent authority in a foreign state, any informa-

tion in his possession, relating to persons on board, or ex-

pected to be on board, the aircraft or vessel, as the case
I

may be, and required by the laws of that foreign state.

(2) The Director of Immigration may, subject to regulations made

under subsection (5), provide to the competent authority in a foreign
state any information in his other possession relating to persons enter-

ing or leaving the United Republic by land, and that is required by the

laws of that foreign state.

(3) The provision of any information under subsection (1) or (2)

shall,. subject to regulations made under subsection (5), be deemed not

to be a contravention of any provision of law prohibiting the disclosure of the information.
(4) No information provided to the police officer under subsection

(1), shall be used or disclosed by the Director of Immigration except for

the purpose of protecting national security or public safety.
(5) The Minister may make regulations necessary to give effect to
the purposes of this section, including regulations –
(a) respecting the types or classes of information that may be pro-vided for under this section,

(b) specifying the foreign states to which the information may be
provided.

46.-(1) The Director of Immigration or other authorized officer

Power to
prevent

under the laws relating to immigration, shall not grant an endorsement

or other authority permitting a person to enter the United Republic’ if he

has reasonable grounds to believe that such, person has been, is, or will
entry and

orderthe

removal of

persons

be, involved in the commission of a terrorist act.
relating to

Prevention of Terrorism
34

No. 21
2002
(2) Where the Minister responsible for immigration has reasonable

grounds to believe that a person in the United Republic has been, is or

will be, involved in the commission of a terrorist act, he may make or-

der requiring that person to leave the United Republic and remain

thereafter out of the United Republic.

(3) A person with respect to whom an order under subsection (2) is

made, shall leave the United Republic and shall, so long as the order is

in force, remain out of the United Republic.

(4) A person with respect to whom an order under subsection (2) is

made, may be detained in such manner as may be directed by the Minis-

ter responsible for immigration and may be placed on a vessel or aircraft

leaving the United Republic.
47. The Minister responsible for immigration may, having regard to

the interests of national security and public safety, refuse the application
of any person applying for status as a refugee, if he or she has reasonable

grounds to believe that, the applicant has committed a terrorist act or is
or is likely to be, involved in the commission of a terrorist act.

Power to

refuse
refugee
applica-

tion

48.-(1) The Minister may make regulations in respect of all mat-

ters in respect of which regulations are required or authorized to be made

by this Act.

Power to

make
Regula-

tions

(2) Subject to subsection (3), every regulation made under subsec-
tion (1), shall be published in the Gazette and shall come into operation on the date of publication or on such later date as may be specified in the
regulation.

(3) Every regulation made under subsection (1), shall, as soon as
convenient after its publication, be brought before the National Assem-

bly for approval and any regulation which is not so approved shall be
deemed to be revoked from the date of disapproval, but without preju-

dice to anything previously done on the authority-of those regulations.

PART IX

CONSEQUENTIAL AMENDMENTS

Amend-
49. Section 148 of the Criminal Procedure Act, 1985 is amended in

subsection (5) by substituting a semi colon for a full-stop which appears

in item (iii) of paragraph (a) and adding immediately thereafter the

following:

ment of

the

Criminal
procedure

Act, 1985

No.9 of

”(iv) terrorism against the Prevention of Terrorism Act, 2002.”

1985

Prevention of Terrorism

No. 21

2002
35
Amend-

50. Section 10 of the National Security Act, 1970 is amended by

adding immediately after that section the following:
ment of
the

National
Security

”10A. A person who commits an offence against sec-

tions 4, 5, 6, 7, 8, 9 or I 0 in circumstances whereby an infer-
ence can be drawn that the offence was committed in farther-

ance or in support of terrorist act contrary to the Prevention
of Terrorism Act, 2002, shall be proceeded against under that

Act.”

”Terrorist

Act, 1970.
allied
No. 3 of

offences
1970

51. Section 17 of the Extradition Act, 1965 is amended by add-
Amend-

ment of

ing the following:
the

”(5) The provisions of subsections (1) and (2) shall not apply to a
Extradition

person who is accused of terrorism under the Prevention of Terrorism
Act, 1965.

No.15 of

Act, 2002.
1965

Amend-

52. Section 6 of the Proceeds of Crime Act, 1991 is amended –

(a) by inserting after paragraph (b) the following:
ment of the

Proceeds of

Crime Act,

any offence against the Prevention of Terrorism Act,

”(c)
1991. No.

2002;”
25 of 1991

(b) by renumbering paragraph (c) as paragraph (d).

53. The Immigration Act 1995 is amended –
Amend-

(a) in Section 8 by repealing subsection (1) and substituting for it,
ment of

the

the following: Immigra-

tion Act,

-(j) An immigration officer may without warrant, ar-
1995.

rest any person whom he reasonably suspect to be a pro- No.7 of

hibited immigrant, a terrorist or to have been concerned in 1995
international terrorism within the meaning of the Preven-

tion of Terrorism Act, 2002 or to have contravened or to be
about to contravene any of the provisions of this Act. ,
11.

(b) in section 10, by substituting a semi-colon for a full-stop which
appears in paragraph 0) and adding immediately thereafter the
following paragraph:

-(k) a person who has committed terrorist act or in-
tematicinal terrorism.”

36 No. 21

Prevention of Terrorism
2002
Amend-

54. The Evidence Act, 1967 is amended, in section 89-

(i) by redesignating that section as subsection (1);

Ment of

the

Evidence

(ii) by inserting the following:

Act, 1967.

No.6 of

1967
”(2) Notwithstanding subsection (1) and any other writ-

ten law, where in criminal proceedings involving offence
Of terrorism or international terrorism, a question arises as
to whether anything or a substance is in a state described or

purported to be described in a document, that document
shall be admissible in evidence without proof of the signa-

ture or authority of the person appearing to have signed it

and shall, in the absence of evidence to the contrary, be

proof of the facts stated therein.”

Passed m the National Assembly on the 5th November, 2002
Clerk of the National Assembly

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