Terrorism Suppression Act 2002

1: Title
This Act is the Terrorism Suppression Act 2002.
1: Preliminary provisions
2: Commencement
1: Except as provided in subsection (2), this Act comes into force on the day after the date on which it receives the Royal assent.
2: Sections 18 63 to 66 68 69 76 79 80
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(2) brought into force 5 December 2002 clause 2 Terrorism Suppression Act Commencement Order 2002 Section 2(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
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
vii: Resolution 2178 (2014); and
c: to make further provision to implement, in part,—
i: the ISIL (Da’esh) and Al-Qaida Sanctions Resolutions; and
ii: the Taliban Sanctions Resolutions. Section 3 substituted 20 November 2007 section 4 Terrorism Suppression Amendment Act 2007 Section 3(b)(vii) inserted 5 October 2021 section 4(1) Counter-Terrorism Legislation Act 2021 Section 3(c) replaced 5 October 2021 section 4(2) Counter-Terrorism Legislation Act 2021
4: Interpretation
1: In this Act, unless the context otherwise requires,— act against a specified terrorism convention
a: that constitutes an offence as defined in a specified terrorism convention; and
b: that is not excluded from the application of the specified terrorism convention (for example, because an international aspect required by 1 or more of its provisions does not exist) Al-Qaida Al-Qaida entity
a: associated with Al-Qaida; and
b: an entity to which that measure is to be applied Anti-terrorism Resolution Schedule 4 basic needs
a: foodstuffs:
b: rent or mortgage:
c: medicines or medical treatment:
d: taxes, insurance premiums, or public utility charges:
e: reasonable professional fees, and reimbursement of incurred expenses, associated with the provision of legal services:
f: fees or service charges for routine holding or maintenance of frozen funds or other financial assets or economic resources Bombings Convention Schedule 1 carried out
a: has the meaning given to it in section 5A(1)
b: in section 6A(1) section 5A(1) classified security information section 4A country critical infrastructure
a: assets:
b: facilities:
c: networks:
d: systems 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 22
b: that is a United Nations listed terrorist entity duly authorised military device Environmental Protection Authority established by section 7 entity explosive or other lethal device
a: an explosive or incendiary weapon or device that is designed, or has the capability, to cause death, serious bodily injury, or substantial material damage; or
b: a weapon or device that is designed, or has the capability, to cause death, serious bodily injury, or substantial material damage through the release, dissemination, or impact of—
i: toxic chemicals, biological agents or toxins or similar substances; or
ii: radiation or radioactive material facility section 44(5) Financing Convention Schedule 2 financing of , or provision of material support for,
a: means an offence against section 8(1), (1A), (2A), or (2B)
b: despite paragraph (a), in sections 18 68 69 section 5(1)(b) or (c) funds
a: means assets of every kind, whether tangible or intangible, moveable or immoveable, however acquired; and
b: includes legal documents or instruments (for example, bank credits, travellers' cheques, bank cheques, money orders, shares, securities, bonds, drafts, and letters of credit) in any form (for example, in electronic or digital form) evidencing title to, or an interest in, assets of any kind imprisoned sections 35A to 35E Part 2 section 35G infrastructure facility intelligence and security agency
a: the New Zealand Security Intelligence Service:
b: the Government Communications Security Bureau
c: international organisation ISIL (Da’esh) ISIL (Da’esh) and Al-Qaida Sanctions Resolutions
a: Resolution 1333 (2000) adopted on 19 December 2000; and
b: Resolution 1390 (2002) adopted on 16 January 2002; and
c: Resolution 1989 (2011) adopted on 17 June 2011; and
d: Resolution 2170 (2014) adopted on 15 August 2014; and
e: Resolution 2253 (2015) adopted on 17 December 2015 ISIL (Da’esh) entity
a: associated with ISIL (Da’esh); and
b: an entity to which that measure is to be applied make available section 10(6) manufacture material support
a: means support that does, or may, assist in, contribute to, or make easier, the carrying out of 1 or more terrorist acts; and
b: includes, without limiting the generality of paragraph (a), support that complies with that paragraph and that is all or any of the following:
i: advice given in making available financial or related services, or financial or related services:
ii: other advice, or other services, derived from acquired skills or knowledge (for example, agency, brokerage, translation, driving or pilotage, or training to impart skills):
iii: equipment, information, technology, or other property or resources (for example, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, or personnel (the assistance or efforts of 1 or more individuals who may be or include oneself)):
iv: accommodation, lodging, stockpiling, or storage:
v: transportation; but
c: for the purposes of section 8 New Zealand section 3 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 material Nuclear Material Convention Schedule 2A nuclear material offence section 13C Nuclear Terrorism Convention Schedule 2C nuclear terrorism offence section 13E Official Assignee ordinarily resident in New Zealand place of public use
a: means those parts of any building, land, street, waterway, or other location that are accessible or open to members of the public (whether continuously, periodically, or occasionally, and whether for free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from the place); and
b: includes any commercial, business, cultural, historical, educational, religious, governmental, entertainment, recreational, or similar place that is so accessible or open to the public plastic explosives Plastic Explosives Convention Schedule 2B privileged communication section 45 property
a: means real or personal property of any description, whether situated in New Zealand or elsewhere and whether tangible or intangible; and
b: includes an interest in any real or personal property of that kind public transportation system small passenger vehicles radioactive device
a: a nuclear weapon or other nuclear explosive device; or
b: a radioactive material dispersal device; or
c: a radiation-emitting device radioactive material relevant date section 69(4) relevant place, facility, or system section 7(2) relevant State section 66(3) relevant States Parties section 63(2) reporting entity section 44(5) Resolution 1267 Schedule 4A Resolution 1333 Schedule 4B Resolution 1390 Schedule 4C Resolution 2178 (2014) Schedule 4D service section 44(5) specified agency
a: an intelligence and security agency; or
b: the New Zealand Police specified terrorism convention Schedule 3 State or government facility small passenger vehicle
a: representatives of a State:
b: members of the executive, legislative, or judicial branch of the Government of a State:
c: employees or officials of a State, or of any other public authority or entity:
d: employees or officials of an intergovernmental organisation suspicious activity report section 44(5) suspicious property report section 43 section 44(2) Schedule 5 Taliban Taliban entity
a: is not Al-Qaida, 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 Taliban Sanctions Resolutions
a: Resolution 1333 (2000) adopted on 19 December 2000; and
b: Resolution 1390 (2002) adopted on 16 January 2002; and
c: Resolution 1988 (2011) adopted on 17 June 2011 terrorist act section 5(1) terrorist act in armed conflict
a: that occurs in a situation of armed conflict; and
b: the purpose of which, by its nature or context, is to intimidate a population, or to compel a government or an international organisation to do or abstain from doing any act; and
c: that is intended to cause death or serious bodily injury to a civilian or other person not taking an active part in the hostilities in that situation; and
d: that is not excluded from the application of the Financing Convention by article 3 of that Convention terrorist bombing section 7(1) transaction section 44(5) United Nations listed terrorist entity
a: Al-Qaida; or
b: an Al-Qaida entity; or
c: the Taliban; or
d: a Taliban entity; or
e: ISIL (Da’esh); or
f: an ISIL (Da’esh) entity unmarked
2: For the purposes of this Act, a person must be treated as being ordinarily resident in New Zealand
a: the person's home is in New Zealand; or
b: the person is residing in New Zealand with the intention of residing in New Zealand indefinitely; or
c: having resided in New Zealand with the intention of establishing his or her home in New Zealand, or with the intention of residing in New Zealand indefinitely, the person is outside New Zealand but has an intention to return to establish his or her home in New Zealand or to reside in New Zealand indefinitely.
3: Terms and expressions used and not defined in this Act but defined in the Nuclear Material Convention, the Plastic Explosives Convention, or the Technical Annex to the Plastic Explosives Convention have the same meaning as in those Conventions and Annex, unless the context otherwise requires. Section 4(1) Al-Qaida inserted 20 November 2007 section 5 Terrorism Suppression Amendment Act 2007 Section 4(1) Al-Qaida and the Taliban Sanctions Resolutions repealed 5 October 2021 section 5(1) Counter-Terrorism Legislation Act 2021 Section 4(1) Al-Qaida entity replaced 5 October 2021 section 5(1) Counter-Terrorism Legislation Act 2021 Section 4(1) basic needs inserted 5 October 2021 section 5(2) Counter-Terrorism Legislation Act 2021 Section 4(1) carried out replaced 5 October 2021 section 5(3) Counter-Terrorism Legislation Act 2021 Section 4(1) classified security information amended 28 November 2023 section 63 Security Information in Proceedings (Repeals and Amendments) Act 2022 Section 4(1) critical infrastructure inserted 5 October 2021 section 5(4) Counter-Terrorism Legislation Act 2021 Section 4(1) deal with substituted 20 November 2007 section 5 Terrorism Suppression Amendment Act 2007 Section 4(1) designated terrorist entity inserted 20 November 2007 section 5 Terrorism Suppression Amendment Act 2007 Section 4(1) duly authorised military device inserted 18 January 2004 section 4(1) Terrorism Suppression Amendment Act 2003 Section 4(1) duly authorised military device amended 1 July 2011 section 53(1) Environmental Protection Authority Act 2011 Section 4(1) facility inserted 5 October 2021 section 5(5) Counter-Terrorism Legislation Act 2021 Section 4(1) facility financial institution repealed 5 October 2021 section 5(5) Counter-Terrorism Legislation Act 2021 Section 4(1) financing of, or provision of material support for, terrorism financing of terrorism amended 5 October 2021 section 5(6) Counter-Terrorism Legislation Act 2021 Section 4(1) financing of, or provision of material support for, terrorism financing of terrorism amended 5 October 2021 section 5(7) Counter-Terrorism Legislation Act 2021 Section 4(1) imprisoned inserted 10 May 2023 section 4 Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023 Section 4(1) intelligence and security agency repealed 28 September 2017 section 335 Intelligence and Security Act 2017 Section 4(1) ISIL (Da’esh) inserted 5 October 2021 section 5(8) Counter-Terrorism Legislation Act 2021 Section 4(1) ISIL (Da’esh) and Al-Qaida Sanctions Resolutions inserted 5 October 2021 section 5(8) Counter-Terrorism Legislation Act 2021 Section 4(1) ISIL (Da’esh) entity inserted 5 October 2021 section 5(8) Counter-Terrorism Legislation Act 2021 Section 4(1) manufacture inserted 18 January 2004 section 4(1) Terrorism Suppression Amendment Act 2003 Section 4(1) material support inserted 5 October 2021 section 5(9) Counter-Terrorism Legislation Act 2021 Section 4(1) New Zealand inserted 5 October 2021 section 5(9) Counter-Terrorism Legislation Act 2021 Section 4(1) nuclear facility inserted 20 November 2007 section 5 Terrorism Suppression Amendment Act 2007 Section 4(1) nuclear material inserted 18 January 2004 section 4(1) Terrorism Suppression Amendment Act 2003 Section 4(1) Nuclear Material Convention inserted 18 January 2004 section 4(1) Terrorism Suppression Amendment Act 2003 Section 4(1) nuclear material offence inserted 18 January 2004 section 4(1) Terrorism Suppression Amendment Act 2003 Section 4(1) Nuclear Terrorism Convention inserted 20 November 2007 section 5 Terrorism Suppression Amendment Act 2007 Section 4(1) nuclear terrorism offence inserted 20 November 2007 section 5 Terrorism Suppression Amendment Act 2007 Section 4(1) plastic explosives inserted 18 January 2004 section 4(1) Terrorism Suppression Amendment Act 2003 Section 4(1) Plastic Explosives Convention inserted 18 January 2004 section 4(1) Terrorism Suppression Amendment Act 2003 Section 4(1) public transportation system amended 1 October 2017 section 110(3) Land Transport Amendment Act 2017 Section 4(1) radioactive device inserted 20 November 2007 section 5 Terrorism Suppression Amendment Act 2007 Section 4(1) radioactive material replaced 8 March 2016 section 98(2) Radiation Safety Act 2016 Section 4(1) reporting entity inserted 5 October 2021 section 5(5) Counter-Terrorism Legislation Act 2021 Section 4(1) Resolution 1267 inserted 20 November 2007 section 5 Terrorism Suppression Amendment Act 2007 Section 4(1) Resolution 1333 inserted 20 November 2007 section 5 Terrorism Suppression Amendment Act 2007 Section 4(1) Resolution 1390 inserted 20 November 2007 section 5 Terrorism Suppression Amendment Act 2007 Section 4(1) Resolution 2178 (2014) inserted 5 October 2021 section 5(9) Counter-Terrorism Legislation Act 2021 Section 4(1) service inserted 5 October 2021 section 5(5) Counter-Terrorism Legislation Act 2021 Section 4(1) State or government facility amended 1 October 2017 section 110(3) Land Transport Amendment Act 2017 Section 4(1) suspicious activity report inserted 5 October 2021 section 5(5) Counter-Terrorism Legislation Act 2021 Section 4(1) suspicious transaction report repealed 5 October 2021 section 5(5) Counter-Terrorism Legislation Act 2021 Section 4(1) Taliban inserted 20 November 2007 section 5 Terrorism Suppression Amendment Act 2007 Section 4(1) Taliban entity replaced 5 October 2021 section 5(10) Counter-Terrorism Legislation Act 2021 Section 4(1) Taliban Sanctions Resolutions inserted 5 October 2021 section 5(10) Counter-Terrorism Legislation Act 2021 Section 4(1) United Nations listed terrorist entity replaced 5 October 2021 section 5(10) Counter-Terrorism Legislation Act 2021 Section 4(1) unmarked added 18 January 2004 section 4(1) Terrorism Suppression Amendment Act 2003 Section 4(3) added 18 January 2004 section 4(2) Terrorism Suppression Amendment Act 2003
4A: Classified security information defined
1: In this Act, classified security information
a: that is held by a specified agency; and
b: that the head of the specified agency certifies in writing (in the prescribed form (if any)) cannot be disclosed (except as authorised by or under an Act or other rule of law) because, in the opinion of the head of the specified agency,—
i: the information is information of a kind specified in subsection (2); and
ii: disclosure of the information would be disclosure of a kind specified in subsection (3).
2: Information falls within subsection (1)(b)(i) if it—
a: might lead to the identification of, or provide details of,—
i: the source of the information; or
ii: the nature, content, or scope of the information; or
iii: the nature or type of the assistance or operational methods available to the agency; or
b: is about particular operations that have been undertaken, or are being or are proposed to be undertaken, in relation to any of the functions of the specified agency; or
c: has been provided to the specified agency by the Government of another country or by an agency of such a Government or by an international organisation, and is information that cannot be disclosed by the specified agency because the Government, agency, or organisation that provided the information will not consent to the disclosure.
3: Disclosure of information falls within subsection (1)(b)(ii) if the disclosure would be likely—
a: to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or
b: to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by the Government of another country or any agency of such a Government, or by any international organisation; or
c: to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences and the right to a fair trial; or
d: to endanger the safety of any person. Section 4A inserted 28 November 2023 section 64 Security Information in Proceedings (Repeals and Amendments) Act 2022
5: Terrorist act defined
1: An act is a terrorist act
a: the act falls within subsection (2); or
b: the act is an act against a specified terrorism convention (as defined in section 4(1)
c: the act is a terrorist act in armed conflict (as defined in section 4(1)
2: An act falls within this subsection if it is intended to cause, in any 1 or more countries, 1 or more of the outcomes specified in subsection (3), and is carried out for 1 or more purposes that are or include
a: to intimidate a population
b: to coerce
3: The outcomes referred to in subsection (2) are—
a: the death of, or other serious bodily injury to, 1 or more persons (other than a person carrying out the act):
b: a serious risk to the health or safety of a population:
c: destruction of, or serious damage to, property of great value or importance, or major economic loss, or major environmental damage, if likely to result in 1 or more outcomes specified in paragraphs (a), (b), and (d):
d: serious interference with, or serious disruption to, critical infrastructure
e: introduction or release of a disease-bearing organism, if likely to cause major damage to
4: However, an act does not fall within subsection (2) if it occurs in a situation of armed conflict and is, at the time and in the place that it occurs, in accordance with rules of international law applicable to the conflict.
5: To avoid doubt, the fact that a person engages in any protest, advocacy, or dissent, or engages in any strike, lockout, or other industrial action, is not, by itself, a sufficient basis for inferring that the person—
a: is carrying out an act for a purpose, or with an intention, specified in subsection (2); or
b: intends to cause an outcome specified in subsection (3). 1969 No 24 s 2(1) s 2(1) s 2(1) Section 5(2) amended 5 October 2021 section 6(1) Counter-Terrorism Legislation Act 2021 Section 5(2)(a) amended 5 October 2021 section 6(2) Counter-Terrorism Legislation Act 2021 Section 5(2)(b) amended 5 October 2021 section 6(3) Counter-Terrorism Legislation Act 2021 Section 5(3)(d) amended 5 October 2021 section 6(4) Counter-Terrorism Legislation Act 2021 Section 5(3)(e) amended 5 October 2021 section 6(5) Counter-Terrorism Legislation Act 2021
5A: Carrying out and facilitating terrorist acts
Carrying out includes preparations, credible threats, and attempts
1: For the purposes of this Act, a terrorist act is carried out
a: planning or other preparations to carry out the act, whether it is actually carried out or not:
b: a credible threat to carry out the act, whether it is actually carried out or not:
c: an attempt to carry out the act:
d: the carrying out of the act. Facilitation requires some actual knowledge
2: For the purposes of this Act, a terrorist act is facilitated
a: the facilitator knows that any specific terrorist act is facilitated:
b: any specific terrorist act was foreseen or planned at the time it was facilitated:
c: any terrorist act was actually carried out. Section 5A inserted 5 October 2021 section 7 Counter-Terrorism Legislation Act 2021
5B: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 5B inserted 5 October 2021 section 7 Counter-Terrorism Legislation Act 2021
6: Act binds the Crown
This Act binds the Crown.
2: Suppression of terrorism
Terrorist act Heading inserted 20 November 2007 section 6 Terrorism Suppression Amendment Act 2007
6A: Terrorist act: credible threat, attempt, and carrying out
Offence
1: A person commits an offence if the person carries out Meaning, in subsection (1), of carried out
2: In subsection (1), carried out section 5A(1) Effect of subsection (1) applying to attempt
3: However, subsection (1) applying to an attempt to carry out the act (within the meaning of section 5A(1)(c) section 72 Penalty
4: A person who commits an offence against subsection (1) is liable on conviction to imprisonment for life or a lesser term.
5: A person who attempts to commit the offence in subsection (1) as it applies to the carrying out of the act (within the meaning of section 5A(1)(d) section 311(1) Section 6A inserted 20 November 2007 section 6 Terrorism Suppression Amendment Act 2007 Section 6A heading replaced 5 October 2021 section 8(1) Counter-Terrorism Legislation Act 2021 Section 6A(1) heading inserted 5 October 2021 section 8(2) Counter-Terrorism Legislation Act 2021 Section 6A(1) amended 5 October 2021 section 8(3) Counter-Terrorism Legislation Act 2021 Section 6A(2) heading inserted 5 October 2021 section 8(4) Counter-Terrorism Legislation Act 2021 Section 6A(2) replaced 5 October 2021 section 8(4) Counter-Terrorism Legislation Act 2021 Section 6A(3) heading inserted 5 October 2021 section 8(4) Counter-Terrorism Legislation Act 2021 Section 6A(3) inserted 5 October 2021 section 8(4) Counter-Terrorism Legislation Act 2021 Section 6A(4) heading inserted 5 October 2021 section 8(4) Counter-Terrorism Legislation Act 2021 Section 6A(4) inserted 5 October 2021 section 8(4) Counter-Terrorism Legislation Act 2021 Section 6A(5) inserted 5 October 2021 section 8(4) Counter-Terrorism Legislation Act 2021
6B: Terrorist act: planning or other preparations to carry out
Offence
1: A person commits an offence if the person carries out a terrorist act (within the meaning of section 5A(1)(a)
2: Subsection (1) applies only to planning done that is, or to other preparations made that are,—
a: not carrying out a terrorist act within the meaning given in section 5A(1)(b), (c), and (d)
b: for the purposes of section 72(2) section 6A(1)
3: In a prosecution for an offence against subsection (1), the prosecutor—
a: must prove that the planning done is, or the other preparations made are, for an act that is, or if it were actually carried out would be, a terrorist act as defined in section 5(1)(a), (b), or (c)
b: in particular, if that act falls within section 5(2)
c: in a case to which section 5(1)(a), (b), or (c) Penalty
4: A person who commits an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 7 years. Conspiring to commit offence, and attempt to commit or procure commission
5: Sections 72 310 311 Section 6B inserted 5 October 2021 section 9 Counter-Terrorism Legislation Act 2021 Terrorist bombing
7: Terrorist bombing
1: A person commits an offence who, intentionally and without lawful justification or excuse, delivers, places, discharges, or detonates an explosive or other lethal device in, into, or against a relevant place, facility, or system, with the intent to cause—
a: death or serious bodily injury; or
b: extensive destruction—
i: of the relevant place, facility, or system; and
ii: that results, or is likely to result, in major economic loss.
2: In subsection (1), relevant place, facility, or system
a: a place of public use:
b: a State or government facility:
c: a public transportation system:
d: an infrastructure facility.
3: A person who commits terrorist bombing is liable on conviction Section 7(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Financing of terrorism
8: Financing of
, or provision of material support for, Wilful provision or collection of funds for use to carry out terrorist acts
1: A person commits an offence if the person provides or collects funds—
a: directly or indirectly; and
b: wilfully; and
c: without lawful justification or reasonable excuse; and
d: intending that the funds be used, or knowing that, or being reckless about whether, they will be used, in full or in part, in order to carry out 1 or more acts of a kind that, if they were carried out, would be 1 or more terrorist acts. Wilful provision of material support for use to carry out terrorist acts
1A: A person commits an offence if the person provides material support—
a: directly or indirectly; and
b: wilfully; and
c: without lawful justification or reasonable excuse; and
d: intending that the support be used, or knowing that, or being reckless about whether, it is to be used, in full or in part, in order to carry out 1 or more acts of a kind that, if they were carried out, would be 1 or more terrorist acts.
2: Wilful provision or collection of funds for use by entity known to carry out or participate in carrying out of terrorist acts
2A: A person commits an offence if the person provides or collects funds—
a: directly or indirectly; and
b: wilfully; and
c: without lawful justification or reasonable excuse; and
d: intending that the funds be used, or knowing that, or being reckless about whether, they will be used, by an entity that the person knows is an entity that carries out, or participates in the carrying out of, 1 or more terrorist acts. Wilful provision of material support for use by entity known to carry out or participate in carrying out of terrorist acts
2B: A person commits an offence if the person provides material support—
a: directly or indirectly; and
b: wilfully; and
c: without lawful justification or reasonable excuse; and
d: intending that the material support be used, or knowing that, or being reckless about whether, it will be used, by an entity that the person knows is an entity that carries out, or participates in the carrying out of, 1 or more terrorist acts. Funds or material support need not be used to carry out terrorist act
3: In a prosecution for financing of, or provision of material support for, terrorism, it is not necessary for the prosecutor to prove that the funds or material support collected or provided were or was actually used, in full or in part, to carry out a terrorist act. Penalty
4: A person who commits financing of, or provision of material support for, terrorism is liable on conviction to imprisonment for a term not exceeding—
a: 14 years, if the mental element under subsection (1)(d), (1A)(d), (2A)(d), or (2B)(d) is intention:
b: 10 years, if the mental element under subsection (1)(d), (1A)(d), (2A)(d), or (2B)(d) is knowledge or recklessness. Material support excludes humanitarian support to satisfy basic needs
5: For the purposes of this section and of any other legislation that mentions this section, material support section 4(1)
a: in good faith for genuine humanitarian reasons; and
b: impartially or neutrally as between people who have those needs. Section 8 heading amended 5 October 2021 section 10(1) Counter-Terrorism Legislation Act 2021 Section 8(1) heading inserted 5 October 2021 section 10(2) Counter-Terrorism Legislation Act 2021 Section 8(1) replaced 5 October 2021 section 10(2) Counter-Terrorism Legislation Act 2021 Section 8(1A) heading inserted 5 October 2021 section 10(2) Counter-Terrorism Legislation Act 2021 Section 8(1A) inserted 5 October 2021 section 10(2) Counter-Terrorism Legislation Act 2021 Section 8(2) repealed 20 November 2007 section 7 Terrorism Suppression Amendment Act 2007 Section 8(2A) heading inserted 5 October 2021 section 10(2) Counter-Terrorism Legislation Act 2021 Section 8(2A) replaced 5 October 2021 section 10(2) Counter-Terrorism Legislation Act 2021 Section 8(2B) heading inserted 5 October 2021 section 10(2) Counter-Terrorism Legislation Act 2021 Section 8(2B) inserted 5 October 2021 section 10(2) Counter-Terrorism Legislation Act 2021 Section 8(3) heading inserted 5 October 2021 section 10(2) Counter-Terrorism Legislation Act 2021 Section 8(3) replaced 5 October 2021 section 10(2) Counter-Terrorism Legislation Act 2021 Section 8(4) heading inserted 5 October 2021 section 10(2) Counter-Terrorism Legislation Act 2021 Section 8(4) replaced 5 October 2021 section 10(2) Counter-Terrorism Legislation Act 2021 Section 8(5) heading inserted 5 October 2021 section 10(2) Counter-Terrorism Legislation Act 2021 Section 8(5) inserted 5 October 2021 section 10(2) Counter-Terrorism Legislation Act 2021 Dealing with property
9: Prohibition on dealing with property of, or derived or generated from property of,
designated terrorist entity
1: A person commits an offence who, without lawful justification or reasonable excuse, deals with any property knowing that the property is—
a: property owned or controlled, directly or indirectly, by a designated terrorist entity
b: property derived or generated from any property of the kind specified in paragraph (a).
2: For the purposes of subsection (1), examples of a reasonable excuse for dealing with property referred to in subsection (1)
a: where the dealing with the property comprises an act that does no more than satisfy basic needs
b: where a reporting entity
3: Subsection (1) does not apply—
a: if the Prime Minister has, under section 11
b: if the property concerned is the subject of a direction under section 48 section 80 section 51(a)
4: A person who commits an offence against subsection (1) is liable on conviction
5:
6: A reference in the definition of deal with in section 4 SR 2001/26 rr 3(2) 15 Section 9 heading amended 20 November 2007 section 8(1) Terrorism Suppression Amendment Act 2007 Section 9(1)(a) amended 20 November 2007 section 8(2) Terrorism Suppression Amendment Act 2007 Section 9(2) substituted 20 November 2007 section 8(3) Terrorism Suppression Amendment Act 2007 Section 9(2) amended 5 October 2021 section 11(1) Counter-Terrorism Legislation Act 2021 Section 9(2)(a) amended 5 October 2021 section 11(2) Counter-Terrorism Legislation Act 2021 Section 9(2)(b) amended 5 October 2021 section 11(3) Counter-Terrorism Legislation Act 2021 Section 9(3)(b) amended 1 December 2009 section 219 Criminal Proceeds (Recovery) Act 2009 Section 9(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 9(5) repealed 20 November 2007 section 8(4) Terrorism Suppression Amendment Act 2007 Section 9(6) amended 20 November 2007 section 8(5) Terrorism Suppression Amendment Act 2007 Making property, or material support, Heading amended 5 October 2021 section 12 Counter-Terrorism Legislation Act 2021
10: Prohibition on making property, or
material support, designated terrorist entity
1: A person commits an offence if the person makes available, or causes to be made available, to, or for the benefit of, a designated terrorist entity, any property, or any material support,—
a: directly or indirectly; and
b: without lawful justification or reasonable excuse; and
c: knowing that, or being reckless about whether, the entity is a designated terrorist entity.
2:
3: An example of making property available with a reasonable excuse, for the purposes of subsection (1), is where the property (for example, items of food, clothing, or medicine) is made available in an act that does no more than satisfy basic needs
4: Subsection (1) does not apply if the Prime Minister has, under section 11 support
5: A person who commits an offence against subsection (1) is liable on conviction 10 years
6: In this section, make available support support support
7: A reference in subsection (6) to the transfer of property that is a security includes a reference to a transfer of the security by way of loan, mortgage, pledge, or bailment, whether in respect of a legal or an equitable interest. SR 2001/26 rr 3(2) 16 Section 10 heading amended 5 October 2021 section 13(1) Counter-Terrorism Legislation Act 2021 Section 10 heading amended 20 November 2007 section 9(1) Terrorism Suppression Amendment Act 2007 Section 10(1) replaced 5 October 2021 section 13(2) Counter-Terrorism Legislation Act 2021 Section 10(2) repealed 20 November 2007 section 9(3) Terrorism Suppression Amendment Act 2007 Section 10(3) amended 5 October 2021 section 13(3) Counter-Terrorism Legislation Act 2021 Section 10(4) amended 5 October 2021 section 13(4) Counter-Terrorism Legislation Act 2021 Section 10(5) amended 5 October 2021 section 13(5) Counter-Terrorism Legislation Act 2021 Section 10(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 10(6) amended 5 October 2021 section 13(6) Counter-Terrorism Legislation Act 2021 Authorisations to deal with property, or to make property, or material support, Heading amended 5 October 2021 section 14 Counter-Terrorism Legislation Act 2021
11: Authorisations by Prime Minister
1: The Prime Minister may, by notice section 9(1) section 10(1)
2: Any authorisation of that kind—
a: may be subject to terms or conditions; and
b: may be amended, revoked, or revoked and replaced.
3: If a person has obtained an authorisation of that kind, another person involved in carrying out the activity or transaction or class or classes of activities or transactions to which the authorisation relates is not subject to section 9(1) section 10(1)
4: However, subsection (3) does not apply if—
a: the authorisation is subject to terms or conditions imposed under subsection (2)(a); and
b: those terms or conditions are not satisfied.
5: The following are secondary legislation ( see Part 3
a: an authorisation under this section:
b: an instrument under subsection (2)(b) that amends, revokes, or revokes and replaces an authorisation under this section. SR 2001/26 rr 15(2) 16(2) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 11(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 11(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Recruitment of members of terrorist groups
12: Recruiting members of terrorist groups
1: A person commits an offence who recruits another person as a member of a group or organisation, knowing that the group or organisation is—
a: a designated terrorist entity; or
b: an entity that carries out, or participates in the carrying out of, 1 or more terrorist acts.
2: A person who commits an offence against subsection (1) is liable on conviction Section 12(1)(a) substituted 20 November 2007 section 10 Terrorism Suppression Amendment Act 2007 Section 12(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Participation in terrorist groups
13: Participating in terrorist groups
1: A person commits an offence who participates in a group or organisation for the purpose stated in subsection (2), knowing that or being reckless as to whether
a: a designated terrorist entity; or
b: an entity that carries out, or participates in the carrying out of, 1 or more terrorist acts.
2: The purpose referred to in subsection (1) is to enhance the ability of any entity (being an entity of the kind referred to in subsection (1)(a) or (b)) to carry out, or to participate in the carrying out of, 1 or more terrorist acts.
3: A person who commits an offence against subsection (1) is liable on conviction Section 13(1) amended 20 November 2007 section 11(1) Terrorism Suppression Amendment Act 2007 Section 13(1)(a) substituted 20 November 2007 section 11(2) Terrorism Suppression Amendment Act 2007 Section 13(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Weapons training or combat training for terrorist purposes Heading inserted 5 October 2021 section 15 Counter-Terrorism Legislation Act 2021
13AA: Providing or receiving weapons training or combat training for terrorist purposes
Offence
1: A person commits an offence if the person—
a: provides or receives weapons training or combat training; and
b: knows that the training is provided or received for purposes that are or include 1 or both of the following purposes:
i: to carry out 1 or more terrorist acts (whether any or all of them are actually carried out or not):
ii: to enhance the ability of any entity to carry out, or to participate in the carrying out of, 1 or more terrorist acts (whether any or all of them are actually carried out or not).
2: In a prosecution for an offence against subsection (1), the prosecutor need not prove a specific target, location, date, or time for the 1 or more terrorist acts referred to in subsection (1)(b)(i) or (ii). Penalty
3: A person who commits an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 7 years. Section 13AA inserted 5 October 2021 section 15 Counter-Terrorism Legislation Act 2021 Harbouring or concealing terrorists Heading inserted 18 January 2004 section 5 Terrorism Suppression Amendment Act 2003
13A: Harbouring or concealing terrorists
1: A person commits an offence who, with the intention of assisting another person to avoid arrest, escape lawful custody, or avoid conviction, harbours or conceals that person,—
a: knowing, or being reckless as to whether, that person intends to carry out a terrorist act; or
b: knowing, or being reckless as to whether, that person has carried out a terrorist act.
2: A person who commits an offence against subsection (1) is liable on conviction Section 13A inserted 18 January 2004 section 5 Terrorism Suppression Amendment Act 2003 Section 13A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Offences relating to plastic explosives and nuclear materials Heading inserted 18 January 2004 section 5 Terrorism Suppression Amendment Act 2003
13B: Offences involving use and movement of unmarked plastic explosives
1: A person commits an offence and is liable on conviction
a: possesses, uses, or manufactures unmarked plastic explosives, knowing they are unmarked; or
b: imports or exports unmarked plastic explosives to or from New Zealand, knowing they are unmarked.
2: Subsection (1) does not apply in respect of unmarked plastic explosives (not being explosives to which subsection (3) applies) that were lawfully manufactured in, or imported into New Zealand before the commencement of this section and that may, subject to the Health and Safety at Work Act 2015
a: a person who performs military or Police functions during the period that begins with the entry into force of this section and ends 15 years later.
b:
3: Nothing in this section applies to unmarked plastic explosives—
a: that are manufactured or held in limited quantities for sole use in any of the following activities that are duly approved by the Environmental Protection Authority established by section 7 or by WorkSafe established by section 5
i: research, development, or testing of new or modified explosives; or
ii: training in explosives detection or testing of explosives detection equipment; or
iii: forensic science activities; or
b: that are destined to be, and are incorporated as, an integral part of a duly authorised military device in New Zealand within 3 years after the date on which this section comes into force. Section 13B inserted 17 February 2004 section 5 Terrorism Suppression Amendment Act 2003 Section 13B(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 13B(2) amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 13B(2)(a) amended 1 December 2017 section 55 Hazardous Substances and New Organisms Amendment Act 2015 Section 13B(2)(b) repealed 1 December 2017 section 55 Hazardous Substances and New Organisms Amendment Act 2015 Section 13B(3)(a) amended 1 December 2017 section 55 Hazardous Substances and New Organisms Amendment Act 2015 Section 13B(3)(a) amended 1 July 2011 section 53(1) Environmental Protection Authority Act 2011
13C: Offences involving physical protection of nuclear material
1: A person commits an offence who,—
a: without lawful authority, receives, possesses, uses, transfers, alters, disposes of, or disperses nuclear material, knowing it is nuclear material, and—
i: that causes death, injury, or disease to any person or substantial damage to property; or
ii: with intent to cause, or being reckless as to whether it causes death, injury, or disease to any person or substantial damage to property; or
iii: that causes, or is likely to cause, substantial damage to the environment; or
aa: without lawful authority, carries, sends, transports, or otherwise moves nuclear material into or out of New Zealand; or
b: commits theft, as defined in section 219
c: fraudulently obtains nuclear material, knowing that it was nuclear material; or
d: makes a demand for nuclear material by threat, or by use of force, or by any other form of intimidation with intent to steal it; or
e: with intent to intimidate, threatens to use nuclear material to cause—
i: death, injury, or disease to any person; or
ii: substantial damage to any property or to the environment
f: with intent to compel any person, international organisation, or State to do, or refrain from doing, any act, threatens to steal nuclear material ; 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.
2: A person who commits an offence against subsection (1) is liable on conviction Section 13C inserted 18 January 2004 section 5 Terrorism Suppression Amendment Act 2003 Section 13C(1)(a)(iii) added 20 November 2007 section 12(1) Terrorism Suppression Amendment Act 2007 Section 13C(1)(aa) inserted 8 March 2016 section 98(3) Radiation Safety Act 2016 Section 13C(1)(e)(ii) amended 20 November 2007 section 12(2) Terrorism Suppression Amendment Act 2007 Section 13C(1)(f) amended 20 November 2007 section 12(3) Terrorism Suppression Amendment Act 2007 Section 13C(1)(g) added 20 November 2007 section 12(3) Terrorism Suppression Amendment Act 2007 Section 13C(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Importation, acquisition, possession, or control of radioactive material Heading inserted 18 January 2004 section 5 Terrorism Suppression Amendment Act 2003
13D: Importation, acquisition, etc, of radioactive material
A person commits an offence and is liable on conviction Section 13D inserted 18 January 2004 section 5 Terrorism Suppression Amendment Act 2003 Section 13D amended 1 July 2013 section 413 Criminal Procedure Act 2011 Offences involving radioactive material and radioactive devices Heading inserted 20 November 2007 section 13 Terrorism Suppression Amendment Act 2007
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); or
d: unlawfully and intentionally demands by threat, in circumstances that indicate the credibility of the threat, or by use of force or by any other form of intimidation, any radioactive material, radioactive device, or nuclear facility; 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) is liable on conviction Section 13E inserted 20 November 2007 section 13 Terrorism Suppression Amendment Act 2007 Section 13E(1)(d) replaced 8 March 2016 section 98(4) Radiation Safety Act 2016 Section 13E(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Travelling intending to commit specified offence Heading inserted 5 October 2021 section 16 Counter-Terrorism Legislation Act 2021
13F: Travelling intending to commit specified offence
Offence
1: A person commits an offence if the person—
a: travels (by any means) to, from, or via New Zealand; and
b: does so intending to do anything that, if done wholly in New Zealand, would be a specified offence. Travel to, from, or via New Zealand
2: A person is taken to have travelled to New Zealand, for the purposes of subsection (1), if the person, for the purpose of arriving in New Zealand,—
a: disembarks from a craft through a Customs place; or
b: disembarks from a craft and reports to a Customs officer, to a Police station, or to any other place as directed by a Customs officer.
3: A person is taken to have travelled from New Zealand, for the purposes of subsection (1) ( see also
a: goes towards a craft through a Customs place; or
b: goes towards a craft as otherwise authorised by the chief executive of the New Zealand Customs Service, a Customs officer, the Customs and Excise Act 2018, or regulations made under that Act.
4: A person is taken to have travelled via New Zealand, for the purposes of subsection (1) ( see also
a: disembarks from a craft through a Customs place; or
b: disembarks from a craft and reports to a Customs officer, to a Police station, or to any other place as directed by a Customs officer.
5: Subsections (2) to (4) do not affect or limit—
a: the generality of subsection (1) or (8)(a); or
b: a prosecutor proving, without relying on subsection (2), (3), or (4), that a person has travelled to, from, or via New Zealand.
6: In subsections (2) to (4), Customs officer Customs place section 5(1) Specified offence
7: In this section, specified offence
a: section 6A
b: section 6B
c: section 7
d: section 8
e: section 9
f: section 10
g: section 12
h: section 13
i: section 13AA
j: section 13A
k: section 13B
l: section 13C
m: section 13D
n: section 13E Application of offence
8: Subsection (1) applies regardless of whether—
a: the person, if travelling from, or via, New Zealand, departs from their original location, or reaches their intended ultimate destination:
b: the person has the intention mentioned in subsection (1)(b) at any time or times, or at all times, during the travel concerned:
c: the person intends to do wholly or in part in New Zealand, or wholly outside New Zealand, the thing that, if done in New Zealand, would be a specified offence:
d: the person does the thing that, if done wholly in New Zealand, would be a specified offence. Penalty
9: A person who commits an offence against subsection (1) is liable on conviction to the highest of the applicable maximum penalties specified in Schedule 4E 1961 No 43 s 311(1) Section 13F inserted 5 October 2021 section 16 Counter-Terrorism Legislation Act 2021 Extraterritorial jurisdiction
14: Offences also apply in certain cases outside New Zealand
1: Each of sections 6A to 13F sections 15 to 18
2: Subsection (1) does not affect the application of sections 6A to 13F
a: acts that occurred wholly within New Zealand; or
b: an offence that, under section 7
c: acts that, under section 8A Section 14(1) amended 5 October 2021 section 17(1) Counter-Terrorism Legislation Act 2021 Section 14(2) amended 5 October 2021 section 17(2) Counter-Terrorism Legislation Act 2021
15: Offences apply to acts outside New Zealand by New Zealand citizens or on New Zealand aircraft and ships
Proceedings may be brought in a New Zealand court for any offence against this Act (other than one against section 43 section 47 or section 47G
a: by a New Zealand citizen:
b: by a person who is ordinarily resident in New Zealand but is not a citizen of any State:
c: by any other person on board any aircraft—
i: registered or required to be registered in New Zealand under the Civil Aviation Act 2023
ii: for the time being used as an aircraft of the New Zealand Defence Force:
d: by any other person on board any ship—
i: registered under the Ship Registration Act 1992
ii: not registered under that Act but required or entitled
iii: for the time being used as a ship of the New Zealand Defence Force. Section 15 amended 12 December 2003 section 9(2) Terrorism Suppression Amendment Act 2003 Section 15(c)(i) amended 5 April 2025 section 486 Civil Aviation Act 2023 Section 15(d)(ii) amended 5 October 2021 section 18 Counter-Terrorism Legislation Act 2021
16: Further acts outside New Zealand to which terrorist bombing applies
Proceedings may also be brought in a New Zealand court for terrorist bombing if the acts alleged to constitute the offence occurred wholly outside New Zealand, but were done—
a: against a New Zealand citizen; or
b: against a State or government facility of New Zealand abroad (for example, a New Zealand embassy, or other New Zealand diplomatic or consular premises); or
c: in an attempt to compel the Government of New Zealand to do or abstain from doing any act.
17: Further acts outside New Zealand to which financing of
, or provision of material support for, Proceedings may also be brought in a New Zealand court for financing of , or provision of material support for, carried out (as defined in sections 4(1) 5A(1)
a: within New Zealand; or
b: against a New Zealand citizen; or
c: against a State or government facility of New Zealand abroad (for example, New Zealand diplomatic or consular premises); or
d: in an attempt to compel the Government of New Zealand to do or abstain from doing any act. Section 17 heading amended 5 October 2021 section 19(1) Counter-Terrorism Legislation Act 2021 Section 17 amended 5 October 2021 section 19(2)(a) Counter-Terrorism Legislation Act 2021 Section 17 amended 5 October 2021 section 19(2)(b) Counter-Terrorism Legislation Act 2021
18: Offences also apply to acts outside New Zealand if alleged offender is in New Zealand and is not extradited
1: Even if the acts alleged to constitute the offence occurred wholly outside New Zealand, proceedings may be brought for a specified offence
2: In this section, a specified offence
a: terrorist bombing; or
b: financing of, or provision of material support for, terrorism; or
c: a nuclear terrorism offence; or
d: a nuclear material offence. Section 18 substituted 18 January 2004 section 7 Terrorism Suppression Amendment Act 2003 Section 18(1) amended 5 October 2021 section 20(1) Counter-Terrorism Legislation Act 2021 Section 18(2) inserted 5 October 2021 section 20(2) Counter-Terrorism Legislation Act 2021
19: Application of Crimes Act 1961
The following sections of the Crimes Act 1961 section 43 section 47 or section 47G
a: section 8
b: section 400 Section 19 amended 12 December 2003 section 9(2) Terrorism Suppression Amendment Act 2003 Interim designation
20: Interim designation as terrorist or associated entity
1: The Prime Minister may designate an entity as a terrorist entity under this section if the Prime Minister has good cause to suspect that the entity has knowingly carried out, or has knowingly participated in the carrying out of, 1 or more terrorist acts.
2: On or after designating an entity as a terrorist entity under this Act, the Prime Minister may designate 1 or more other entities as an associated entity under this section.
3: The Prime Minister may exercise the power given by subsection (2) only if the Prime Minister has good cause to suspect that the other entity—
a: is knowingly facilitating the carrying out of 1 or more terrorist acts by, or with the participation of, the terrorist entity (for example, by financing those acts, in full or in part); or
b: is acting on behalf of, or at the direction of,—
i: the terrorist entity, knowing that the terrorist entity has done what is referred to in subsection (1); or
ii: an entity designated as an associated entity under subsection (2) and paragraph (a), knowing that the associated entity is doing what is referred to in paragraph (a); or
c: is an entity (other than an individual) that is wholly owned or effectively controlled, directly or indirectly, by the terrorist entity, or by an entity designated under subsection (2) and paragraph (a) or paragraph (b).
4: Before designating an entity as a terrorist or associated entity under this section, the Prime Minister must consult with the Attorney-General and the Minister of Foreign Affairs and Trade about the proposed designation.
5: After an entity is designated as a terrorist or associated entity under this section, the Prime Minister and the Attorney-General must, if practicable before the making of the designation is publicly notified under section 21(c)
a: advise the Leader of the Opposition of the making of the designation; and
b: if requested to do so by the Leader of the Opposition, brief that Leader as to the factual basis for the making of the designation.
21: Further provisions relating to interim designation
A designation under section 20
a: may be made in respect of an entity only once, and therefore may not be made in respect of an entity who—
i: is the subject of an earlier designation made under section 20
ii: was the subject of a designation under section 20
b: takes effect on being made, and must be made in writing signed by the Prime Minister:
c: must be publicly notified—
i: by a notice (in the prescribed form (if any)) indicating that it has been made being published in the Gazette
ii: in any other way the Prime Minister directs under section 28(1)
d: must also be notified—
i: by a notice (in the prescribed form (if any)) indicating that it has been made being given (in the prescribed manner (if any)) with all reasonable speed to the designated entity, if practicable, where that entity or a representative of it is in New Zealand; and
ii: by a notice indicating that it has been made being given to any other persons or bodies, as the Prime Minister directs under section 28(2)
e: expires on the close of the 30th day after the day on which it is made, unless it has earlier been revoked by the Prime Minister under section 29C section 22
f: operates until it expires or is revoked but, if it is made the subject of any judicial review (whether under the Judicial Review Procedure Act 2016 section 23(b) section 29C Section 21(e) amended 28 November 2023 section 65 Security Information in Proceedings (Repeals and Amendments) Act 2022 Section 21(f) amended 28 November 2023 section 65 Security Information in Proceedings (Repeals and Amendments) Act 2022 Section 21(f) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 Final designation
22: Final designation as terrorist or associated entity
1: The Prime Minister may designate an entity as a terrorist entity under this section if the Prime Minister believes on reasonable grounds that the entity has knowingly carried out, or has knowingly participated in the carrying out of, 1 or more terrorist acts.
2: On or after designating an entity as a terrorist entity under this Act, the Prime Minister may designate 1 or more other entities as an associated entity under this section.
3: The Prime Minister may exercise the power given by subsection (2) only if the Prime Minister believes on reasonable grounds that the other entity—
a: is knowingly facilitating the carrying out of 1 or more terrorist acts by, or with the participation of, the terrorist entity (for example, by financing those acts, in full or in part); or
b: is acting on behalf of, or at the direction of,—
i: the terrorist entity, knowing that the terrorist entity has done what is referred to in subsection (1); or
ii: an entity designated as an associated entity under subsection (2) and paragraph (a), knowing that the associated entity is doing what is referred to in paragraph (a); or
c: is an entity (other than an individual) that is wholly owned or effectively controlled, directly or indirectly, by the terrorist entity, or by an entity designated under subsection (2) and paragraph (a) or paragraph (b).
4: Before designating an entity as a terrorist or associated entity under this section, the Prime Minister must consult with the Attorney-General about the proposed designation.
23: Further provisions relating to final designation
A designation under section 22
a: may be made in respect of an entity who—
i: has never been the subject of a designation made under section 20
ii: is the subject of a designation under section 20
iii: was the subject of a designation under section 20
b: if it is made in respect of an entity who is the subject of a designation made under section 20
c: may be made in respect of an entity who was earlier the subject of a designation made under section 22 earlier designation
d: takes effect on being made, and must be made in writing signed by the Prime Minister:
e: must be publicly notified—
i: by a notice (in the prescribed form (if any)) indicating that it has been made being published in the Gazette
ii: in any other way the Prime Minister directs under section 28(1)
f: must also be notified—
i: by a notice (in the prescribed form (if any)) indicating that it has been made being given (in the prescribed manner (if any)) with all reasonable speed to the designated entity, if practicable, where that entity or a representative of it is in New Zealand; and
ii: by a notice indicating that it has been made being given to any other persons or bodies, as the Prime Minister directs under section 28(2)
g:
h: operates until it expires or is revoked but the Judicial Review Procedure Act 2016 section 29C or 35D Section 23(g) repealed 20 November 2007 section 16(a) Terrorism Suppression Amendment Act 2007 Section 23(h) amended 28 November 2023 section 66 Security Information in Proceedings (Repeals and Amendments) Act 2022 Section 23(h) amended 10 May 2023 section 5 Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023 Section 23(h) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 Section 23(h) amended 20 November 2007 section 16(b) Terrorism Suppression Amendment Act 2007 Further provisions relating to interim and final designations
24: Entity or property need not be in New Zealand
An entity may be designated under section 20 section 22
a: the entity:
b: property owned or controlled, directly or indirectly, by the entity:
c: property derived or generated from any property of the kind referred to in paragraph (b).
25: Carrying out and facilitating terrorist acts
Section 25 repealed 5 October 2021 section 21 Counter-Terrorism Legislation Act 2021
26: Content of notice to designated entity
A notice under section 21(d)(i) section 23(f)(i) section 20 section 22
a: must state the section under which the designation is made, and whether the entity concerned is designated as a terrorist entity or as an associated entity:
b: may describe the entity concerned by reference to any name or names or associates or other details by which the entity may be identified:
ba: must state that any person who deals with the entity's property may be liable to prosecution for an offence under section 9
c: must state the maximum period for which the designation may have effect or, if it is made under section 22 renewed under section 29B
d: must include general information about how it may be reviewed and revoked:
da: must, if the Prime Minister relied on classified security information in making the designation, state that—
i: the Prime Minister relied on that kind of information; and
ii: the entity may request a summary of the classified security information under section 31
e: must include any other information specified for the purposes of this paragraph by regulations made under this Act. Section 26(ba) inserted 20 November 2007 section 17(1) Terrorism Suppression Amendment Act 2007 Section 26(c) amended 28 November 2023 section 67(1) Security Information in Proceedings (Repeals and Amendments) Act 2022 Section 26(c) amended 20 November 2007 section 17(2) Terrorism Suppression Amendment Act 2007 Section 26(da) inserted 28 November 2023 section 67(2) Security Information in Proceedings (Repeals and Amendments) Act 2022
27: Content of notice to public and others
1: Subsection (2) applies to—
a: a notice under section 21(c)(i) section 23(e)(i) section 20 section 22
b: a notice under section 21(d)(ii) section 23(f)(ii) section 20 section 22
2: The notice—
a: must state the section under which the designation is made, and whether the entity concerned is designated as a terrorist entity or as an associated entity:
b: may describe the entity concerned by reference to any name or names or associates or other details by which the entity may be identified:
ba: must state that any person who deals with the entity's property may be liable to prosecution for an offence under section 9
c: must state the maximum period for which the designation may have effect or, if it is made under section 22 renewed under section 29B
d: must include any other information specified for the purposes of this paragraph by regulations made under this Act:
e: may include details of all earlier designations under this Act that have not yet expired or been revoked, so as to provide details of all entities currently designated under this Act. Section 27(2)(ba) inserted 20 November 2007 section 18(1) Terrorism Suppression Amendment Act 2007 Section 27(2)(c) amended 28 November 2023 section 68 Security Information in Proceedings (Repeals and Amendments) Act 2022 Section 27(2)(c) amended 20 November 2007 section 18(2) Terrorism Suppression Amendment Act 2007
28: Further notification of making of designation
1: The Prime Minister may, for the purposes of section 21(c)(ii) section 23(e)(ii) section 20 section 22 Gazette
2: The Prime Minister may, for the purposes of section 21(d)(ii) section 23(f)(ii) section 20 section 22
a: who may possess property which may be property to which section 9(1)
b: who may make available property or support section 10(1) Section 28(2)(b) amended 5 October 2021 section 22 Counter-Terrorism Legislation Act 2021
29: Designations not invalid for certain reasons
No designation under section 20 section 22
a: the entity concerned was not, before the designation was made, given notice that it may be made, or a chance to comment on whether it should be made, or both:
b: the making of it has not been notified, or notice of the making of it has not been given, in the manner or form required by section 21 section 23
29A: Changes of description of designated entities
1: If satisfied that an entity designated under section 22
2: The notice must identify the entity by reference to—
a: its most recent description; and
b: the notice in the Gazette
3: Sections 23(e) section 22 section 28(2)
4: The stating of the new description does not affect the designation of the entity and (in particular) does not affect the application of section 29B(1) Section 29A inserted 17 November 2003 section 8 Terrorism Suppression Amendment Act 2003 Section 29A(4) amended 28 November 2023 section 69 Security Information in Proceedings (Repeals and Amendments) Act 2022 Expiry, renewal, and revocation of designations Heading inserted 28 November 2023 section 70 Security Information in Proceedings (Repeals and Amendments) Act 2022
29B: Designations under section 22 to expire after 3 years unless renewed by Prime Minister
1: A designation under section 22
a: revoked under section 29C or 35D
b: renewed by an order under subsection (2) or (3).
2: The Prime Minister may order that a designation made under section 22
3: Before the expiry of an order under subsection (2), the Prime Minister may make another order renewing the designation concerned for a further 3 years.
4: After making an order under subsection (2) or (3), the Prime Minister must report to the Intelligence and Security Committee on the renewal of the designation.
5: The Prime Minister may make any number of orders under subsection (3) in respect of the same designation. Section 29B substituted 20 November 2007 section 20 Terrorism Suppression Amendment Act 2007 Section 29B renumbered 28 November 2023 section 78(1) Security Information in Proceedings (Repeals and Amendments) Act 2022 Section 29B(1)(a) amended 28 November 2023 section 78(2) Security Information in Proceedings (Repeals and Amendments) Act 2022 Section 29B(1)(a) amended 10 May 2023 section 7 Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023
29C: Revocation of designations
1: The Prime Minister may at any time revoke a designation made under section 20 section 22
a: by the entity who is the subject of the designation; or
b: by a third party with an interest in the designation that, in the Prime Minister's opinion, is an interest apart from any interest in common with the public.
2: Without limiting subsection (1)(b), a party may have an interest in a designation apart from any interest in common with the public through—
a: possessing or controlling, or having an interest in, property to which section 9
b: making available property or support section 10
c: having an especially close association with the designated entity or its interests or objectives.
3: An application under subsection (1) for revocation of a designation must be based on the grounds—
a: that the designation should not stand because the entity concerned does not satisfy the test stated in section 20(1) or (3) section 22(1) or (3)
b: that the entity concerned is no longer involved in any way in acts of the kind that made, or that would make, the entity eligible for designation.
4: However, the Prime Minister may not refuse an application to revoke a designation under section 20 section 22
5: Except as provided in subsection (4), subsection (1) overrides every other provision of this Act. 1987 No 74 s 114N Section 29C renumbered 28 November 2023 section 77 Security Information in Proceedings (Repeals and Amendments) Act 2022 Section 29C(2)(b) amended 5 October 2021 section 23 Counter-Terrorism Legislation Act 2021
29D: Notification of decisions about expiry or revocation of designations
Expiry or revocation of designation
1: If a designation under this Act expires or is revoked under section 29B 29C 35D
a: ensure that notice of the expiry or revocation is published in the Gazette
b: take all reasonable steps to ensure that notice of the expiry or revocation is given, in the manner and form required by section 21(d) 23(f)
i: to whom notice of the designation was given under section 21(d) 23(f)
ii: who is not already aware of the expiry or revocation. Decision to decline application for revocation of designation
2: If the Prime Minister declines an application for revocation of a designation, the Prime Minister must take all reasonable steps to ensure that notice of the decision is given to the applicant (in the prescribed manner and form (if any)) with all reasonable speed.
3: If the applicant is the designated entity, or a representative of the designated entity, and the Prime Minister relied on classified security information in declining the application, the notice must state that—
a: the Prime Minister relied on that kind of information; and
b: the entity may request that a summary of the classified security information be provided to them under section 31 Decision under section 35D that designation continues to be justified
4: If the Prime Minister decides that the result of a review under section 35D
5: If the Prime Minister relied on classified security information in deciding that the result of a review under section 35D
a: the Prime Minister relied on that kind of information; and
b: the entity may request that a summary of the classified security information be provided to them under section 31 Section 29D inserted 28 November 2023 section 71 Security Information in Proceedings (Repeals and Amendments) Act 2022 Material on which designations, renewals, or revocations may be based Heading replaced 28 November 2023 section 72 Security Information in Proceedings (Repeals and Amendments) Act 2022
30: Information available to Prime Minister
In considering whether to make , revoke, or renew section 20 , 22 29B 29C 35D Section 30 amended 28 November 2023 section 73 Security Information in Proceedings (Repeals and Amendments) Act 2022 Section 30 amended 10 May 2023 section 6(a) Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023 Section 30 amended 10 May 2023 section 6(b) Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023 Additional requirements where classified security information used in certain decisions Heading inserted 28 November 2023 section 74 Security Information in Proceedings (Repeals and Amendments) Act 2022
31: Provision of summary of classified security information
1: This section applies if a designated terrorist entity requests a summary (as referred to in section 26(da) section 29D(3)(b) or (5)(b)
a: to make a designation under section 20 22
b: to decline an application for revocation of a designation under section 29C
c: the result of a review under section 35D
2: The purpose of the summary is to enable the designated terrorist entity to have a sufficient understanding of the classified security information the Prime Minister relied on in making the decision (without that information being disclosed to the entity).
3: If the designated terrorist entity requests a summary,—
a: the Prime Minister and the head of the specified agency that holds the classified security information must agree on the contents of the summary; and
b: the Prime Minister must provide the agreed summary to the entity with all reasonable speed.
4: However, the Prime Minister may refuse to provide a summary if the Prime Minister and the head of the specified agency are not satisfied that a summary can be provided that is sufficient to meet its purpose without disclosing classified security information. Section 31 inserted 28 November 2023 section 74 Security Information in Proceedings (Repeals and Amendments) Act 2022
31A: Notification to Inspector-General of Intelligence and Security of provision of classified security information
1: The Director-General of an intelligence and security agency must notify the Inspector-General of Intelligence and Security if the agency provides classified security information to the Prime Minister or department to assist the Prime Minister to decide whether to—
a: make a designation under section 20 22
b: to decline an application for revocation of a designation under section 29C
c: the result of a review under section 35D
2: The Director-General must make the notification as soon as practicable after providing the classified security information to assist the Prime Minister.
3: In this section, department section 5 Section 31A inserted 28 November 2023 section 74 Security Information in Proceedings (Repeals and Amendments) Act 2022
31: United Nations Security Council information
Section 31 repealed 20 November 2007 section 19 Terrorism Suppression Amendment Act 2007
32: Classified security information defined
Section 32 repealed 28 November 2023 section 75 Security Information in Proceedings (Repeals and Amendments) Act 2022 Proceedings arising out of designations, renewals, and revocations Heading replaced 28 November 2023 section 76 Security Information in Proceedings (Repeals and Amendments) Act 2022
33: Judicial review of designations
Nothing in this Act prevents a person from bringing any judicial review (whether under the Judicial Review Procedure Act 2016 Section 33 amended 1 March 2017 section 24 Judicial Review Procedure Act 2016
34: Proceedings involving classified security information
1: This section applies to any civil proceedings (including public law and judicial review proceedings) in a court relating to the administration or enforcement of this Act.
2: If the Crown proposes to present classified security information in proceedings, the Attorney-General must—
a: make an application to an authorised court under section 32
b: submit to the court the certification described in section 4A(1)(b)
3: If the classified security information is also national security information, the Crown may submit with the application and certification referred to in subsection (2) an NSI certificate under section 41 section 36(3)
4: In this section,— 2022 Act Security Information in Proceedings Act 2022 authorised court national security information NSI certificate security information order section 4 Section 34 inserted 28 November 2023 section 76A Security Information in Proceedings (Repeals and Amendments) Act 2022
35: Notification of
1: If a designation under this Act is found to have been invalid the Judicial Review Procedure Act 2016
a: ensure that notice of the Gazette
b: take all reasonable steps to ensure that notice of the section 21(d) section 23(f)
2: The persons and bodies referred to in subsection (1)(b) are every person or body to whom notice of the making of the designation was given under section 21(d) section 23(f) Section 35 renumbered 28 November 2023 section 81(1AAA) Security Information in Proceedings (Repeals and Amendments) Act 2022 Section 35 heading amended 28 November 2023 section 81(1) Security Information in Proceedings (Repeals and Amendments) Act 2022 Section 35(1) amended 28 November 2023 section 81(2) Security Information in Proceedings (Repeals and Amendments) Act 2022 Section 35(1) amended 10 May 2023 section 9 Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023 Section 35(1) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 Section 35(1)(a) amended 28 November 2023 section 81(3) Security Information in Proceedings (Repeals and Amendments) Act 2022 Section 35(1)(b) amended 28 November 2023 section 81(3) Security Information in Proceedings (Repeals and Amendments) Act 2022 Effect on final designation if entity imprisoned Heading inserted 10 May 2023 section 8 Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023
35A: Effect on final designation if entity imprisoned
When sections 35B to 35F apply
1: Sections 35B to 35F
a: the subject of a designation made under section 22
i: a terrorist entity; or
ii: an associated entity; and
b: imprisoned (as defined in section 35G When imprisonment starts does not matter
2: Sections 35B to 35F
a: the time when the designation takes effect:
b: the time when the last renewal (if any) of the designation takes effect. Section 35A inserted 10 May 2023 section 8 Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023
35B: Certain revocation applications stopped
While the entity is imprisoned, no application for revocation of the designation can be made under section 29C(1)(a) or (b) Section 35B inserted 10 May 2023 section 8 Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023 Section 35B amended 28 November 2023 section 78A Security Information in Proceedings (Repeals and Amendments) Act 2022
35C: Duration of designation extended (3-year period until expiry paused)
1: While the entity is imprisoned, any incomplete 3-year period, or further 3-year period, under section 29B
2: When the entity ceases to be imprisoned, that period, or further period, resumes, and the designation may expire (if it is not renewed under section 29B Section 35C inserted 10 May 2023 section 8 Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023 Section 35C(1) amended 28 November 2023 section 78B Security Information in Proceedings (Repeals and Amendments) Act 2022 Section 35C(2) amended 28 November 2023 section 78B Security Information in Proceedings (Repeals and Amendments) Act 2022
35D: Periodic review whether designation no longer justified
1: The Prime Minister must, at least once every 3 years while the entity is imprisoned, review the designation and decide whether it is no longer justified.
2: The Prime Minister must revoke under this section a designation that they decide under this section is no longer justified ( see also sections 23(h) 29D Section 35D inserted 10 May 2023 section 8 Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023 Section 35D(2) amended 28 November 2023 section 78C Security Information in Proceedings (Repeals and Amendments) Act 2022
35E: Periodic review: when designation no longer justified
1: The Prime Minister may decide a designation is no longer justified under section 35D
2: Subsection (1) section 22 Section 35E inserted 10 May 2023 section 8 Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023
35F: Periodic review: procedure
For a review under section 35D
a: must take reasonable steps to allow the following to make available relevant information:
i: the entity; and
ii: a third party with an interest in the designation that, in the Prime Minister’s opinion after having regard to section 29C(2)
b: must take into account any relevant information made available in response to those steps; and
c: may take into account any other relevant information, including classified security information ( see also section 30 Section 35F inserted 10 May 2023 section 8 Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023 Section 35F(a)(ii) amended 28 November 2023 section 78D Security Information in Proceedings (Repeals and Amendments) Act 2022
35G: Definition: when entity is imprisoned
Definition
1: For sections 35A to 35E imprisoned Prisoner under Corrections Act 2004
a: is in the legal custody under the Corrections Act 2004
i: the chief executive (as defined in section 3(1)
ii: the Commissioner of Police; or Arrested and detained or sentenced for armed forces discipline
b: is arrested and detained under the Armed Forces Discipline Act 1971
c: is a service detainee or a service prisoner (as those terms are defined in section 4 When entity may be in specified legal custody under Corrections Act 2004
2: Subsection (1)(a)
a: is detained for the purposes of any remand pending or during trial or sentence in the District Court or High Court; or
b: is detained in a prison as a young person (aged 17 years), pending hearing in the Youth Court, and under an order made under section 238(1)(f)
c: is serving a sentence of imprisonment (for example, is serving a sentence of imprisonment as a young person—
i: detained under that sentence in a prison or in a Police jail under section 34(1) or (2)
ii: not detained under that sentence in a residence under section 34A(1)
d: is detained under the Immigration Act 2009
e: is detained under the Extradition Act 1999 Meaning of young person
3: In this section, young person section 2(1) Section 35G inserted 10 May 2023 section 8 Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023 Classified security information, and notification Heading repealed 28 November 2023 section 78E Security Information in Proceedings (Repeals and Amendments) Act 2022
36: Applications under section 35 and related proceedings
Section 36 repealed 20 November 2007 section 20 Terrorism Suppression Amendment Act 2007
37: Grounds for orders under section 35(2)
Section 37 repealed 20 November 2007 section 20 Terrorism Suppression Amendment Act 2007
38: Procedure in proceedings involving classified security information
Section 38 repealed 28 November 2023 section 79 Security Information in Proceedings (Repeals and Amendments) Act 2022
39: Procedure in other cases involving classified security information
Section 39 repealed 20 November 2007 section 21 Terrorism Suppression Amendment Act 2007
40: Ancillary general practices and procedures to protect classified security information
Section 40 repealed 28 November 2023 section 80 Security Information in Proceedings (Repeals and Amendments) Act 2022
41: Appeal against decision on application under section 35
Section 41 repealed 20 November 2007 section 23 Terrorism Suppression Amendment Act 2007 Duty to report suspicions relating to property
43: Suspicions that property owned or controlled by
designated terrorist entities
1: This section applies to—
a: property owned or controlled, directly or indirectly, by a designated terrorist entity
b: property derived or generated from any property of the kind specified in paragraph (a).
2: A reporting entity reporting entity section 44
3: Nothing in subsection (2) requires any lawyer to disclose any privileged communication (as defined in section 45
4: Every person who knowingly contravenes subsection (2) commits an offence, and is liable on conviction
5: In this section, reporting entity section 44(5) 1996 No 9 s 15(1) Section 43 heading amended 20 November 2007 section 24(1) Terrorism Suppression Amendment Act 2007 Section 43(1)(a) amended 20 November 2007 section 24(2) Terrorism Suppression Amendment Act 2007 Section 43(2) amended 5 October 2021 section 24(1) Counter-Terrorism Legislation Act 2021 Section 43(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 43(5) amended 5 October 2021 section 24(2) Counter-Terrorism Legislation Act 2021
44: Nature of suspicious property report
1: Except as provided in subsection (2), every report under section 43
a: contain the details specified in Schedule 5
b: if made by a reporting entity section 43 the reporting entity
c: if made by any other person, be signed by the person or by someone authorised to sign reports under section 43
d: be forwarded, in writing, to the Commissioner of Police at Police National Headquarters at Wellington—
i: by way of transmission by fax; or
ii: by another means (including, without limitation, by email or another similar means of communication) that may be agreed from time to time between that Commissioner and the reporting entity
2: However, if the urgency of the situation requires, a report under section 43 constable the reporting entity
3: The Commissioner of Police may confer the authority to receive a report under subsection (2) on any specified constable constables level of position constable constables
4: If a report under section 43 reporting entity reporting entity or a service reporting entity reporting entity suspicious activity report or service or proposed service
5: In this section, section 47 Schedule 5
a: facility reporting entity suspicious activity report transaction section 5
b: service section 39A 1996 No 9 s 15(2)–(4) Section 44(1)(b) amended 5 October 2021 section 25(1)(a) Counter-Terrorism Legislation Act 2021 Section 44(1)(b) amended 5 October 2021 section 25(1)(b) Counter-Terrorism Legislation Act 2021 Section 44(1)(b) amended 17 October 2009 section 161(2) Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Section 44(1)(d)(ii) amended 5 October 2021 section 25(2) Counter-Terrorism Legislation Act 2021 Section 44(2) amended 5 October 2021 section 25(3) Counter-Terrorism Legislation Act 2021 Section 44(2) amended 17 October 2009 section 161(2) Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Section 44(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 44(3) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 44(3) amended 1 October 2008 section 130(1) Policing Act 2008 Section 44(4) amended 5 October 2021 section 25(4)(a) Counter-Terrorism Legislation Act 2021 Section 44(4) amended 5 October 2021 section 25(4)(b) Counter-Terrorism Legislation Act 2021 Section 44(4) amended 5 October 2021 section 25(4)(c) Counter-Terrorism Legislation Act 2021 Section 44(4) amended 24 October 2019 section 171(1) Statutes Amendment Act 2019 Section 44(4) amended 17 October 2009 section 161(2) Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Section 44(5) replaced 5 October 2021 section 25(5) Counter-Terrorism Legislation Act 2021
45: Privileged communication defined
1: For the purposes of section 43(3)
a: it is a confidential communication, whether oral or written, passing between—
i: a lawyer in his or her professional capacity and another lawyer in that capacity; or
ii: a lawyer in his or her professional capacity and his or her client,— whether made directly or indirectly through an agent of either; and
b: it is made or brought into existence for the purpose of obtaining or giving legal advice or assistance; and
c: it is not made or brought into existence for the purpose of committing or furthering the commission of some illegal or wrongful act.
2: However, where the information consists wholly or partly of, or relates wholly or partly to, the receipts, payments, income, expenditure, or financial transactions of a specified person (whether a lawyer, his or her client, or any other person), it is not a privileged communication if it is contained in, or comprises the whole or part of, any book, account, statement or other record prepared or kept by the lawyer in connection with a trust account of the lawyer within the meaning of section 6
3: For the purposes of this section, references to a lawyer include a firm or an incorporated law firm (within the meaning of the Lawyers and Conveyancers Act 2006 1996 No 9 s 19 Section 45(2) amended 1 August 2008 section 348 Lawyers and Conveyancers Act 2006 Section 45(3) substituted 1 August 2008 section 348 Lawyers and Conveyancers Act 2006
46: Protection of persons
1: A person has immunity from civil, criminal, or disciplinary proceedings under subsection (2) if the person—
a: acts in purported compliance with the requirements of section 9 section 10
b: reports a suspicion to the Commissioner of Police under section 43
c: otherwise discloses information to the Commissioner of Police in connection with a report of that kind.
2: No civil, criminal, or disciplinary proceedings lie against a person to whom subsection (1) applies—
a: in respect of the acts of the person in good faith and with reasonable care in purported compliance with the requirements of section 9 section 10
b: in respect of the report or disclosure, or the manner of the report or disclosure, by that person, of the information referred to in subsection (1)(b) and (c); or
c: for any consequences that follow from the report or disclosure of that information.
3: However, subsection (2)(b) and (c) do not apply if the information was reported or disclosed in bad faith, or without reasonable care having been taken in determining, before the report or disclosure, that the property is or may be property to which section 43 1996 No 9 s 17
47: Protection of identity of persons making reports
1: This section applies in respect of the following information:
a: any report under section 43
b: any information the disclosure of which will identify, or is reasonably likely to identify, any person—
i: as a person who, in his or her capacity as an officer, employee, or agent of a reporting entity section 43
ii: as a person who has prepared a report under section 43
iii: as a person who has made a report under section 43
c: any information that discloses or is reasonably likely to disclose the existence of a report under section 43
2: No constable
3: Nothing in subsection (2) limits the provision of assistance under the Mutual Assistance in Criminal Matters Act 1992
4: No person may disclose, in any judicial proceeding (within the meaning of section 108
5: Every person who knowingly contravenes subsection (4) commits an offence, and is liable on 1996 No 9 s 21 Section 47(1)(b)(i) amended 5 October 2021 section 26 Counter-Terrorism Legislation Act 2021 Section 47(1)(b)(i) amended 17 October 2009 section 161(2) Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Section 47(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 47(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Customs' powers in relation to certain property Heading inserted 12 December 2003 section 9(1) Terrorism Suppression Amendment Act 2003
47A: Detention of goods suspected to be terrorist property
1: A Customs officer or authorised person may, without warrant, seize and detain goods if—
a: the goods came to his or her attention, or into his or her possession, during a search, inspection, audit, or examination under—
i: the Customs and Excise Act 2018
ia: subpart 6 sections 114 115 ; and
ii:
b: the goods are in New Zealand and he or she is satisfied that they either—
i: are being, or are intended to be, exported from New Zealand; or
ii: are being, or have been, imported into New Zealand; and
c: he or she has good cause to suspect—
i: that the goods are property of any kind owned or controlled, directly or indirectly, by an entity; and
ii: that the entity is a designated terrorist entity
d: he or she has good cause to suspect—
i: that the goods are cash or cash equivalents owned or controlled, directly or indirectly, by an entity; and
ii: that the entity is an entity that carries out, or participates in the carrying out of, 1 or more terrorist acts.
2: In this section and sections 47B to 47G authorised person Chief Executive , Customs Customs officer exportation goods importation section 5(1) cash equivalents Section 47A inserted 12 December 2003 section 9(1) Terrorism Suppression Amendment Act 2003 Section 47A(1)(a)(i) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 47A(1)(a)(ia) inserted 17 October 2009 section 161(2) Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Section 47(1)(a)(ia) amended 5 October 2021 section 27(1) Counter-Terrorism Legislation Act 2021 Section 47A(1)(a)(ii) repealed 5 October 2021 section 27(2) Counter-Terrorism Legislation Act 2021 Section 47A(1)(c)(ii) amended 20 November 2007 section 25(1) Terrorism Suppression Amendment Act 2007 Section 47A(1)(d)(ii) substituted 20 November 2007 section 25(2) Terrorism Suppression Amendment Act 2007 Section 47A(2) amended 1 October 2018 section 443(3) Customs and Excise Act 2018
47B: Return of cash necessary to satisfy
basic needs
1: The power to detain goods under section 47A basic needs
a: of (or of a dependant of) an individual from whom the cash has been seized; and
b: arising on, or within 7 days after, the date on which the detention would otherwise be effected.
2: Nothing in subsection (1) requires the Customs to return any cash that the Customs is satisfied is not necessary for the purpose specified in that subsection.
3: If the 7-day period referred to in section 47D(1)(a) section 47E Section 47B inserted 12 December 2003 section 9(1) Terrorism Suppression Amendment Act 2003 Section 47B heading amended 5 October 2021 section 28(1) Counter-Terrorism Legislation Act 2021 Section 47B(1) amended 5 October 2021 section 28(2) Counter-Terrorism Legislation Act 2021
47C: Further provisions about detention under section 47A
1: Reasonable force may be used if it is necessary for any of the following purposes:
a: to seize goods under section 47A
b: to detain goods under section 47A
2: If the person from whom goods have been seized and detained under section 47A
3: Goods detained under section 47A section 47F
4: Section 264 sections 47A to 47F
5: Nothing in section 47A
a: Customs and Excise Act 2018
ab: Anti-Money Laundering and Countering Financing of Terrorism Act 2009
b:
c: Mutual Assistance in Criminal Matters Act 1992
d: Criminal Proceeds (Recovery) Act 2009 Section 47C inserted 12 December 2003 section 9(1) Terrorism Suppression Amendment Act 2003 Section 47C(4) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 47C(5)(a) replaced 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 47C(5)(ab) inserted 17 October 2009 section 161(2) Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Section 47C(5)(b) repealed 5 October 2021 section 29 Counter-Terrorism Legislation Act 2021 Section 47C(5)(d) substituted 1 December 2009 section 220 Criminal Proceeds (Recovery) Act 2009
47D: Return of goods detained under section 47A
1: In this section, investigation period section 47A
a: means the period of 7 days after the date on which the goods were seized and detained; and
b: includes any extension of that period granted by the High Court under section 47E
2: Goods seized and detained under section 47A
a: the completion of all relevant investigations, if they show either—
i: that the goods are not property of the kind referred to in section 47A(1)(c)(i) or (d)(i)
ii: that the entity is not an entity of the kind referred to in section 47A(1)(c)(ii) or (d)(ii)
b: the expiry of the investigation period.
3: However, the Customs need not return the goods as provided in subsection (2), and may continue to detain them pending a direction by the Prime Minister under section 48
a: that the goods are property of any kind owned or controlled, directly or indirectly, by an entity; and
b: that the entity is a designated terrorist entity Section 47D inserted 12 December 2003 section 9(1) Terrorism Suppression Amendment Act 2003 Section 47D(3)(b) amended 20 November 2007 section 26 Terrorism Suppression Amendment Act 2007
47E: Extension of 7-day period in section 47D(1)(a)
1: The 7-day period in section 47D(1)(a)
a: that the good cause to suspect required by section 47A(1)(c) or (d)
b: that the extension to be granted is necessary to enable investigations in or outside New Zealand in relation to the goods or entity to be completed.
2: The application must be made in writing and served on the person from whom the goods were seized (if that person can be identified and located), and must include the following particulars:
a: a description of the goods detained:
b: the date on which the detention commenced:
c: a statement of the facts supporting the good cause to suspect required by section 47A(1)(c) or (d)
d: a statement of reasons why the extension sought is necessary to enable investigations in or outside New Zealand in relation to the goods or entity to be completed.
3: The person from whom the goods were seized is entitled to appear and be heard on the application.
4: The Customs must make all reasonable efforts to notify the person from whom the goods were seized, at least 24 hours before the hearing of the application, of the time and place of that hearing. Section 47E inserted 12 December 2003 section 9(1) Terrorism Suppression Amendment Act 2003
47F: Custody of certain goods detained under section 47A
1: If goods detained under section 47A
a: the person from whom the goods have been seized; or
b: any other person authorised by the Customs officer and who consents to having such custody.
2: Every person who has the custody of goods under subsection (1) must, until a final decision is made under section 47D
3: A person to whom subsection (2) applies must also—
a: make the goods available to a Customs officer on request; and
b: not alter, or dispose of, or remove the goods from New Zealand, unless he or she is authorised to do so by a Customs officer; and
c: return the goods on demand to the custody of the Customs. 1996 No 27 s 226(7), (8) Section 47F inserted 12 December 2003 section 9(1) Terrorism Suppression Amendment Act 2003
47G: Offences in relation to certain detained goods
1: Every person commits an offence who, having custody of goods pursuant to section 47F(1)
2: Every person who commits an offence against subsection (1) is liable on
3: Every person commits an offence who, without the permission of the Chief Executive, takes or carries away or otherwise converts to his or her own use goods to which section 47F(2) and (3)
4: Every person who commits an offence against subsection (3) is liable on 1996 No 27 s 215 Section 47G inserted 12 December 2003 section 9(1) Terrorism Suppression Amendment Act 2003 Section 47G(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 47G(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Management of property subject to section 9
48: Direction that Official Assignee take control of property
1: The Prime Minister may, if satisfied that it is desirable to do so, direct the Official Assignee to take custody and control of property in New Zealand, if an entity is subject to a designation under section 22 or is a United Nations listed terrorist entity
a: property owned or controlled, directly or indirectly, by the entity; or
b: property derived or generated from property of the kind referred to in paragraph (a).
2: The direction—
a: must be in writing signed by the Prime Minister; and
b: must specify the property concerned; and
c: may be subject to any terms and conditions the Prime Minister specifies.
3: A person who has custody or control of property specified in the direction must allow the Official Assignee to take custody and control of that property in accordance with the direction. 1991 No 120 s 42(1)(b) Section 48(1) amended 20 November 2007 section 27 Terrorism Suppression Amendment Act 2007
49: Notice of direction
1: Notice of the making of a direction under section 48
a: with all reasonable speed to the designated entity concerned, if practicable, where that entity or a representative of it is in New Zealand; and
b: to any other person that the Prime Minister has reason to believe may have an interest in the property concerned.
2: No direction under section 48
50: Variation, revocation, or expiry of direction
1: Having made a direction under section 48
a: make another direction varying—
i: the property to which the direction relates:
ii: terms and conditions to which the direction is subject:
b: revoke the direction under section 48
2: The powers given by subsection (1)(a) and (b) are exercisable at any time after the making of the direction, and either on the Prime Minister's own initiative or on an application for the purpose in writing by or on behalf of the Official Assignee or a person who claims an interest in the property concerned.
3: If not earlier revoked, a direction under section 48
a: on the entity ceasing to be subject to the designation under section 22
ab: on the entity ceasing to be a United Nations listed terrorist entity; or
b: on a forfeiture order being made under section 55 section 85 section 57(b) Section 50(3)(ab) inserted 20 November 2007 section 28 Terrorism Suppression Amendment Act 2007 Section 50(3)(b) substituted 1 December 2009 section 221 Criminal Proceeds (Recovery) Act 2009
51: Further provisions on management of property subject to section 9
The following sections of the Criminal Proceeds (Recovery) Act 2009 section 48
a: section 27
b: section 32
c: section 80
d: section 81
e: section 87
f: sections 88 to 90
g: section 150
h: section 157 Section 51 substituted 1 December 2009 section 222 Criminal Proceeds (Recovery) Act 2009 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
1: A person who claims an interest in specified property that is subject to the prohibition in section 9 section 54
2: A person who claims an interest in specified property that is the subject of an application, under section 55(1) section 54
3: If not prevented by section 53 section 55 section 54
a: within 6 months after the date on which the order under section 55
b: within any further time the court allows on an application for that purpose made before or after the end of that 6-month period.
4: No entity who is the subject of the designation concerned may make an application under this section.
5: A person who makes an application under this section must serve notice of the application on the Attorney-General, who is a party to any proceedings on the application. 1991 No 120 s 17(1)–(3), (7)
53: Limits on applications under section 52(3)
1: A person on whom notice of the application for an order under section 55 section 52(3)
2: The court must not grant leave unless there are special reasons for doing so.
3: Without limiting the generality of subsection (2), the court may grant leave if it is satisfied—
a: that the applicant had good reason for failing to attend the hearing of the application for an order under section 55
b: that evidence proposed to be adduced by the applicant in connection with the application under section 52(3) section 55 1991 No 120 s 17(4)–(6)
54: Court may grant relief to third party
1: Subsection (2) applies where—
a: a person applies to the High Court under section 52(1) or (2) or (3)
b: the court is satisfied that the applicant's claim to that interest is valid.
2: The court must, subject to subsection (3), make an order declaring the nature, extent, and value of the applicant's interest in the property and,—
a: if the application is under section 52(1) section 9
b: if the application is under section 52(2)
i: directing that the interest must not be included in an order under section 55
ii: declaring that the interest is no longer subject to the prohibition in section 9
c: if the application is under section 52(3)
i: directing the Crown to transfer the interest to the applicant; or
ii: declaring that there is payable by the Crown to the applicant an amount equal to the value of the interest declared by the court.
3: The court may, if it thinks fit, refuse to make an order under subsection (2), because it is satisfied that—
a: the applicant was knowingly involved in any way in the carrying out of the terrorist acts that are the basis of the designation of the entity as a designated terrorist entity
b: if the applicant acquired the interest at the time of or after the designation of the entity as a designated terrorist entity section 9
4: However, nothing in subsection (3) requires a refusal to make an order under subsection (2), or limits the circumstances in which the court may refuse to make an order of that kind. 1991 No 120 s 18 Section 54(3)(a) amended 20 November 2007 section 29 Terrorism Suppression Amendment Act 2007 Section 54(3)(b) amended 20 November 2007 section 29 Terrorism Suppression Amendment Act 2007 Forfeiture
55: Forfeiture of property by order of High Court
1: The High Court may, on an application by the Attorney-General for the purpose, order that specified property is forfeited to the Crown if it is in New Zealand and is—
a: property owned or controlled, directly or indirectly, by an entity who is the subject of a designation under section 22 or is a United Nations listed terrorist entity
b: property derived or generated from property of the kind referred to in paragraph (a).
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
3: In considering whether to make an order under this section in respect of particular property, the court may have regard to—
a: any undue hardship that is reasonably likely to be caused to any person by the operation of such an order:
b: the nature and extent of the entity's interest in the property, and the nature and extent of other interests in it (if any). 1991 No 120 s 15(2)(b), (c) Section 55(1)(a) amended 20 November 2007 section 30(1) Terrorism Suppression Amendment Act 2007 Section 55(2) substituted 20 November 2007 section 30(2) Terrorism Suppression Amendment Act 2007
56: Notice of application under section 55
1: The Attorney-General is required to name as a respondent to an application under section 55
2: The Attorney-General must serve notice of an application under section 55
a: who there is reason to believe may have an interest in the property; and
b: that the High Court directs.
3: Any person who claims an interest in the property is entitled to appear and to adduce evidence at the hearing of the application.
4: Subsection (3) is subject to section 34 Section 56(4) amended 28 November 2023 section 81A Security Information in Proceedings (Repeals and Amendments) Act 2022
57: Further provisions relating to orders under section 55
The following sections of the Criminal Proceeds (Recovery) Act 2009 Sentencing Act 2002 section 55 section 142N
a: sections 70 72 73
i: the reference in section 73(2)
ii: references in section 73 section 55
b: section 85 section 55
i: when the time for bringing an appeal against the decision of the court expires, if no such appeal has been brought; or
ii: if an appeal against the decision of the court has been brought, when the appeal is finally determined or withdrawn, whichever occurs first:
c: section 142N(3)(a), (4), and (5) Section 57 substituted 1 December 2009 section 223 Criminal Proceeds (Recovery) Act 2009 Section 57(a)(ii) amended 5 October 2021 section 30 Counter-Terrorism Legislation Act 2021 Section 57(b) amended 5 October 2021 section 30 Counter-Terrorism Legislation Act 2021
58: Appeal against decision on application under section 55
1: A party to an application under section 55
2: Subject to section 34
3: For the avoidance of doubt, an appeal under subsection (1) is a civil proceeding for the purposes of the Senior Courts Act 2016 Section 58(2) amended 28 November 2023 section 82 Security Information in Proceedings (Repeals and Amendments) Act 2022 Section 58(3) added 1 January 2004 section 48(1) Supreme Court Act 2003 Section 58(3) amended 1 March 2017 section 183(b) Senior Courts Act 2016
59: Discharge of order under section 55 on appeal
1:
2: The revocation, under section 29C or 35D renewed section 29B(2) section 55
3: If an order under section 55 section 58
a: as soon as practicable after the discharge of the order, serve notice of the discharge of the order under section 55
b: if required to do so by a court, serve notice of the discharge of the order under section 55
4: Every notice under subsection (3) must include a statement that a person claiming an interest in the property may apply under subsection (5) for the transfer of the interest to that person.
5: If an order under section 55
6: If the Attorney-General is satisfied that any claim made under subsection (5) in respect of any interest in property is valid, the Attorney-General must,—
a: if the interest is still vested in the Crown, arrange for the interest to be transferred to the claimant; or
b: in any other case, and subject to section 60 1991 No 120 s 19 Section 59 heading amended 20 November 2007 section 32(1) Terrorism Suppression Amendment Act 2007 Section 59(1) repealed 20 November 2007 section 32(2) Terrorism Suppression Amendment Act 2007 Section 59(2) amended 28 November 2023 section 83(1) Security Information in Proceedings (Repeals and Amendments) Act 2022 Section 59(2) amended 28 November 2023 section 83(2) Security Information in Proceedings (Repeals and Amendments) Act 2022 Section 59(2) amended 10 May 2023 section 10 Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023 Section 59(2) amended 20 November 2007 section 32(3) Terrorism Suppression Amendment Act 2007 Section 59(3) amended 20 November 2007 section 32(4) Terrorism Suppression Amendment Act 2007 Section 59(5) amended 20 November 2007 section 32(5) Terrorism Suppression Amendment Act 2007
60: Attorney-General may apply for directions
1: In any case where there is any question as to the validity of any claim made under section 59(5)
a: the Attorney-General may apply to the High Court for directions concerning the claim; and
b: the court may give any directions in the matter it thinks just.
2: If an application is made under subsection (1),—
a: the Attorney-General must serve notice of the application (in any manner, and within any time, the court may direct) on every person that the Attorney-General has reason to believe may have an interest in the application:
b: the court may, at any time before the final determination of the application, direct the Attorney-General to serve notice of the application (in any manner, and within any time, the court may direct) on such persons as the court may specify:
c: every person who claims an interest in the application is entitled to appear and to adduce evidence at the hearing of the application. 1991 No 120 s 20
61: Double benefit not permitted
If, on an application made under section 52(3) section 54(2)(c) section 59(6)(b) 1991 No 120 s 21
3: Miscellaneous provisions
Evidence that States are, or are not, Parties to Conventions
62: Certificates as to States Parties under Conventions
A certificate that appears to be signed by, or on behalf of, the Secretary of Foreign Affairs and Trade, and that states that a State is, or is not, a State Party under the Bombings Convention, the Financing Convention, the Nuclear Material Convention, the Nuclear Terrorism Convention, amendment by s 33 (2007 No 102): 'the Nuclear Terrorism Convention,' inserted after the comma following 'the Nuclear Material Convention' rather than before it as drafted Section 62 amended 20 November 2007 section 33 Terrorism Suppression Amendment Act 2007 Section 62 amended 18 January 2004 section 10 Terrorism Suppression Amendment Act 2003 Investigation and prosecution of offences against Act or referred to in Conventions
63: Application of sections 64 and 65
1: Sections 64 65
2: In sections 64 65 relevant States Parties
a: any States Parties that have established jurisdiction in accordance with article 6(1) or (2) of the Bombings Convention, or article 7(1) or (2) of the Financing Convention, or article 8 of the Nuclear Material Convention, or article 8 of the Nuclear Terrorism Convention; and
b: any other interested States Parties the Attorney-General considers it advisable to inform or notify. Section 63 substituted 20 November 2007 section 34 Terrorism Suppression Amendment Act 2007
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) of the Bombings Convention, or article 9(1) of the Financing Convention, or article 9 of the Nuclear Material Convention, or article 10 of the Nuclear Terrorism Convention, as the case requires, the Attorney-General must—
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. Section 64 substituted 20 November 2007 section 35 Terrorism Suppression Amendment Act 2007
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 of the Bombings Convention, or article 9 of the Financing Convention, or article 9 of the Nuclear Material Convention, or article 10 of the Nuclear Terrorism Convention, as the case requires) include taking the person into custody, the Attorney-General must, immediately after the person is taken into custody, notify the relevant States Parties, either directly or through the Secretary-General of the United Nations, of—
a: the fact that the person is in custody; and
b: the circumstances that justify the person's detention. Section 65 substituted 20 November 2007 section 36 Terrorism Suppression Amendment Act 2007
66: Rights of certain persons taken into custody to communicate with consular representative, etc
1: This section applies to a person who is taken into custody in New Zealand as part of the measures referred to in section 65
a: a New Zealand citizen; nor
b: a person who is ordinarily resident in New Zealand but is not a citizen of any State.
2: Promptly after being taken into custody, a person to whom this section applies must be informed that he or she is entitled, and must be permitted,—
a: to communicate without delay with the nearest appropriate representative of the relevant State; and
b: to be visited by a representative of the relevant State.
3: In subsection (2), relevant State
a: the State of which the person is a citizen; or
b: the State that is otherwise entitled to protect the person's rights; or
c: if the person is not a citizen of any State, the State in whose territory the person ordinarily resides.
4: Nothing in this section affects any other rights of a person to whom this section applies.
67: Attorney-General's consent to prosecutions required
1: No proceedings for any offence against this Act may be instituted in any court except with the consent of the Attorney-General.
2: However, a person alleged to have committed any offence against this Act may be arrested, or a warrant for the person's arrest may be issued and executed, and the person may be remanded in custody or on bail, even though the Attorney-General's consent under subsection (1) has not been obtained.
3: Despite subsections (1) and (2), nothing in this section applies in respect of an offence against section 43 section 47 or section 47G Section 67(3) amended 12 December 2003 section 14 Terrorism Suppression Amendment Act 2003
68: Attorney-General to communicate outcome of prosecution
If a person is prosecuted for terrorist bombing or financing of , or provision of material support for, Section 68 amended 5 October 2021 section 31 Counter-Terrorism Legislation Act 2021 Extradition
69: Offences deemed to be included in extradition treaties
1: For the purposes of the Extradition Act 1999 section 15 section 104 , or provision of material support for, or nuclear terrorism offence
a: the Bombings Convention
b: the Financing Convention
c: the Nuclear Material Convention ; or
d: the Nuclear Terrorism Convention
2: If under subsection (1) an offence is deemed to be an offence described in an extradition treaty, no person may be surrendered for the offence in accordance with the Extradition Act 1999
3: Subsection (2) does not prevent the person from being surrendered for an offence (other than terrorist bombing, financing of , or provision of material support for, a nuclear material offence, or a nuclear terrorism offence , or provision of material support for, a nuclear material offence, or a nuclear terrorism offence
4: In this section, relevant date means,
a: in relation to terrorist bombing, 5 December 2002; and
aa: in relation to an offence against section 8(1A) or (2B) Counter-Terrorism Legislation Act 2021
ab: in relation to any other financing of, or provision of material support for, terrorism, 5 December 2002; and
b: in relation to a nuclear material offence, the date on which this section enters into force in relation to that offence ; and
c: in relation to a nuclear terrorism offence, the date on which this section enters into force in relation to that offence. Section 69(1) substituted 18 January 2004 section 15(1) Terrorism Suppression Amendment Act 2003 Section 69(1) amended 5 October 2021 section 32(1) Counter-Terrorism Legislation Act 2021 Section 69(1) amended 20 November 2007 section 37(1) Terrorism Suppression Amendment Act 2007 Section 69(1)(c) amended 20 November 2007 section 37(2) Terrorism Suppression Amendment Act 2007 Section 69(1)(d) added 20 November 2007 section 37(2) Terrorism Suppression Amendment Act 2007 Section 69(3) substituted 18 January 2004 section 15(2) Terrorism Suppression Amendment Act 2003 Section 69(3) amended 5 October 2021 section 32(1) Counter-Terrorism Legislation Act 2021 Section 69(3) amended 20 November 2007 section 37(3) Terrorism Suppression Amendment Act 2007 Section 69(4) substituted 18 January 2004 section 15(3) Terrorism Suppression Amendment Act 2003 Section 69(4) amended 5 October 2021 section 32(2) Counter-Terrorism Legislation Act 2021 Section 69(4)(a) replaced 5 October 2021 section 32(3) Counter-Terrorism Legislation Act 2021 Section 69(4)(aa) inserted 5 October 2021 section 32(3) Counter-Terrorism Legislation Act 2021 Section 69(4)(ab) inserted 5 October 2021 section 32(3) Counter-Terrorism Legislation Act 2021 Section 69(4)(b) amended 20 November 2007 section 37(4) Terrorism Suppression Amendment Act 2007 Section 69(4)(c) added 20 November 2007 section 37(4) Terrorism Suppression Amendment Act 2007 Review of provisions to implement Anti-terrorism Resolution Heading repealed 20 November 2007 section 38 Terrorism Suppression Amendment Act 2007
70: Review of operation of certain provisions of this Act
Section 70 repealed 20 November 2007 section 38 Terrorism Suppression Amendment Act 2007 Relationship with other enactments
71: Criminal Proceeds (Recovery) Act 2009 not affected
Nothing in this Act affects the Criminal Proceeds (Recovery) Act 2009 Section 71 substituted 1 December 2009 section 224 Criminal Proceeds (Recovery) Act 2009
72: United Nations Act 1946 not affected
1: Nothing in section 9 section 10 section 12 section 13 United Nations Act 1946
2: Without limiting the generality of subsection (1), regulations may be made under section 2 Regulations
73: Regulations
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing the forms of notices, reports, or other documents required under, or contemplated by, this Act, and requiring the use of the forms prescribed:
b: prescribing methods for the giving or publication or service of notices, reports, or other documents required by this Act to be given or published or served:
c: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 73(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Revocations Heading amended 5 October 2021 section 33 Counter-Terrorism Legislation Act 2021
74: Revocations
1: The United Nations Sanctions (Terrorism Suppression and Afghanistan Measures) Regulations 2001 (SR 2001/351)
2: Amendment(s) incorporated in the regulations
75: Saving and transitional provision relating to specified entities
Section 75 repealed 20 November 2007 section 39(2) Terrorism Suppression Amendment Act 2007 Amendment to Extradition Act 1999 Heading repealed 5 October 2021 section 34 Counter-Terrorism Legislation Act 2021
76: Amendment to Extradition Act 1999
Section 76 repealed 5 October 2021 section 34 Counter-Terrorism Legislation Act 2021 Amendment to Financial Transactions Reporting Act 1996 Heading repealed 5 October 2021 section 34 Counter-Terrorism Legislation Act 2021
77: Amendment to Financial Transactions Reporting Act 1996
Section 77 repealed 5 October 2021 section 34 Counter-Terrorism Legislation Act 2021 Amendment to Immigration Act 1987 Heading repealed 5 October 2021 section 34 Counter-Terrorism Legislation Act 2021
78: Amendment to Immigration Act 1987
Section 78 repealed 5 October 2021 section 34 Counter-Terrorism Legislation Act 2021 Amendments to Mutual Assistance in Criminal Matters Act 1992 Heading repealed 5 October 2021 section 34 Counter-Terrorism Legislation Act 2021
79: Schedule amended to refer to Bombings Convention
Section 79 repealed 5 October 2021 section 34 Counter-Terrorism Legislation Act 2021
80: Schedule amended to refer to Financing Convention
Section 80 repealed 5 October 2021 section 34 Counter-Terrorism Legislation Act 2021 Amendment to Proceeds of Crime Act 1991 Heading repealed 1 December 2009 section 225 Criminal Proceeds (Recovery) Act 2009
81: Amendment to Proceeds of Crime Act 1991
Section 81 repealed 1 December 2009 section 225 Criminal Proceeds (Recovery) Act 2009