TERRORISM PREVENTION ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

 

Terrorist Activity and Offences

   3   Terrorist activity

   4   Providing, making available etc, property or services for terrorist purposes

   5   Using or possessing property for terrorist purposes

   6   Dealing in property for terrorist purposes

   7   Participation in activity of terrorist group

   8   Facilitating terrorist activity

   9   Commission of offence for terrorist group

   10   Instructing commission of offence for terrorist group

   11   Instructing to carry out terrorist activity

   12   Harbouring or concealing

   13   Information about terrorism offence

 

Orders, Reports and Warrants

   14   Order in respect of listed entity

   15   Duty of entities to report

   16   Duty to report certain transactions

   17   Unauthorised disclosures

   18   Regulatory controls by certain entities

   19   Monitoring orders

   20   Monitoring orders not to be disclosed

   21   Examination and production orders

   22   Failure to comply with examination or production order

   23   Warrant to search premises for applicable property

   24   Other applicable property may be seized

   25   Record of property seized

   26   Return of property seized

   27   Retention of property seized

   28   Order of forfeiture

   29   Amendment of application

   30   Effect of forfeiture order

   31   Protection of third parties

   32   Discharge of forfeiture order on appeal or on quashing of conviction

   33   Appeals against forfeiture orders

   34   Application for restraint order

   35   Restraint orders

   36   Undertakings by Crown

   37   Notice of application for restrain order

   38   Service of restraint order

   39   Registration of restraint order

   40   Contravention of restraint order

   41   Duration of restraint order

   42   Review of restraint orders and search warrants

   43   Automatic expiry of restraint orders

   44   Disposal of property seized or dealt with

 

General

   45   Consent of Director of Public Prosecutions

   46   Extension of Jamaican local criminal jurisdiction

   47   Regulations

   48   Amendments to other Acts

   49   Review of Act after two years

      SCHEDULES

 

THE TERRORISM PREVENTION ACT

[Date of Commencement: 6th June, 2005]

Acts
18 of 2005,
4 of 2010,
9 of 2010,
8 of 2011.

1   Short title

   This Act may be cited as the Terrorism Prevention Act.

2   Interpretation

   (1) In this Act, unless the context otherwise requires-

   "applicable property" means any property-

   (a)   that has been used, in whole or in part, to facilitate or carry out a terrorism offence; or

   (b)   derived, obtained or realised directly or indirectly from the commission of a terrorism offence;

   "Court" means the Supreme Court;

   "credit union business" means the business of the taking of deposits and withdrawable shares by a credit union from its members and the provision of credit facilities by a credit union to its members, and any other business that may be so designated in writing by the Minister responsible for finance;

[9/2010 s 36(a).]

   "entity" means a person, group, trust, partnership or fund or an unincorporated association or organisation;

   "financial institution" means-

   (a)   a bank licensed under the Banking Act;

   (b)   a financial institution licensed under the Financial Institutions Act;

   (c)   a building society registered under the Building Societies Act;

   (d)   a society registered under the Co-operative Societies Act and which carries on credit union business;

[9/2010 s 36(b).]

   (e)   an insurance company registered under the Insurance Act;

   (f)   a person licensed under the Bank of Jamaica Act to operate an exchange bureau:

   (g)   a person licensed under the Securities Act as a dealer or investment adviser;

   (h)   money transfer and remittance agents and agencies;

   (i)   any other person declared by the Minister, by order subject to affirmative resolution, to be a financial institution for the purposes of this Act;

   "interest" in relation to property, means-

   (a)   a legal or equitable interest in the property; or

   (b)   a right, power or privilege in connection with property;

   "listed entity" means an entity declared to be a listed entity in accordance with section 14:

   "property" includes money and all other property, real or personal, including things in action and other intangible or incorporeal property;

   "terrorism offence" means-

   (a)   an offence constituted by an act or omission referred to in the definition of "terrorist activity";

   (b)   an offence under section 4, 5, 6, 7, 8, 10, 11 or 12; or

   (c)   a conspiracy or attempt to commit, or aiding or abetting, procuring or counselling in relation to, an offence referred to in paragraph (b);

   "terrorist activity" means an act or omission in or outside Jamaica that, if committed in Jamaica, would be one of the following offences-

   (a)   an offence under section 12, 13, 16, 17, 17A or 18 of the Aircraft (Tokyo, Hague and Montreal Conventions) Act;

   (b)   an offence referred to in section 3(1);

   (c)   an offence under section 3(2); or

   (d)   a conspiracy or attempt to commit, or aiding, abetting, procuring or counselling in relation to, an offence referred to in paragraph (a), (b) or (c);

   "terrorist group" means-

   (a)   an entity that has, as one of its purposes or activities, facilitating or carrying out any terrorist activity; or

   (b)   a listed entity, and includes an association of such entities.

   (2) This Act shall be interpreted and administered so as to ensure Jamaica's conformity with its international obligations, while protecting the fundamental rights and freedoms guaranteed by the Constitution.

Terrorist Activity and Offences (sections 3-13)

3   Terrorist activity

   (1) A person who commits an offence set out in the First Schedule commits an indictable offence and shall be liable to imprisonment for life.

   (2) Any person who commits an act, or omits to act, in the circumstances referred to in subsection (4) commits an offence if the act or omission intentionally-

   (a)   causes-

         (i)   death; or

         (ii)   serious bodily harm, to a person;

   (b)   endangers a person's life, or the health or safety of the public or any segment of the public; or

   (c)   causes substantial property damage, whether to public or private property, if such damage is likely to result in the conduct or harm referred to in any of paragraphs (a) to (c).

   (3) An offence under subsection (2) does not include-

   (a)   an act or omission that is committed during an armed conflict and, at the time and in the place of its commission, is in accordance with international law applicable to the conflict;

   (b)   the activities undertaken by military forces of a State in the exercise of their official duties, to the extent that those activities are governed by other rules of international law; or

   (c)   any advocacy, protest, dissent or stoppage of work, which does not involve an activity that is intended to cause death or serious bodily harm to a person, to endanger a person's life or to cause a serious risk to the health or safety of the public or a segment of the public.

   (4) The circumstances mentioned in subsection (2) are that the act or omission is committed in whole or in part for a political, religious or ideological purpose, objective or cause with the intention of-

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