PCO -Î8l4B/7

Drafted by Ross Carter

IN CONFIDENCE

Terrorism (Bombings and Financinc,) Bill

Proposed amendnients

Clause 1

To omit from line 3 on page 2 the words "and Financing", and substitute the

words "Financing, and Recruitment".

Clauses 2 to 5

To omit these clauses (line 6 on page 2 to line 23 on page 5), and substitute the

following clauses:

· Commencement

(1) Except as provided in subsection (2) and section 27A, this Act comes into force on the day after the date on which it receives the Royal assent.

(2) Sections 16, 18 to 21, and 23 to 25A come into force on a date appointed by Order in Council.

2A Specified provisions may initially apply to Bombings Convention and terrorist bombings only

(1) An Order in Council made under section 2(2) may declare that the provisions of this Act specified in section 2(2) apply in respect of the Bombings Convention and terrorist bombing only.

(2) However, the Governor-General may, by an Order in Council made under this section after the Order in Council referred to in subsection (1), declare that those specified provisions apply in respect of the Financing Convention and financing of terrorism as well as in respect of the Bombings Convention and terrorist bombing.

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

(il) the Financing Convention; and

(iîî) the Anti-terrorism Resolution.

Proposed amendments to

Terrorism (Bombings and Financing.) Bill

4 Interpretation

In this Act, unless the context otherwise requires.-

act against a specified terrorism convention means an act-

(a) that constitutes an offence as defined in a specified terrorist 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)

Anti-terrorism Resolution means Resolution 1373 (2001) of the Security Council of the United Nations, adopted under Chapter VII of the United Nations Charter on 28 September 2001, a copy of which is set out in Schedule 3A

Bombings Convention means the International Convention for the Suppression of Terrorist Bombings adopted by the General Assembly of the United Nations at New York on 15 December 1997, a copy of the English text of which is set out in Schedule 1

classified security information has the meaning given to it in

section 10L

country includes any State, territory, province, or other part

of a country

deal with has the meaninc, civen to it in section 1OA(4)

Director, or Director of Security, means the Director of

Security within the meaning of the New Zealand Security

Intelligence Service Act 1969

explosive or other lethal device means-

(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

(li) radiation or radioactive material

financial institution has the same meaning as in section 3 of

the Financial Transactions Reporting Act 1996

Financing Convention means the International Convention for the Suppression of the Financing, of Terrorism adopted by the General Assembly of the United Nations at New York on 9 December 1999, a copy of the English text of which is set out in Schedule 2

financing of terrorism-

(a) means an offence against section 9. but

Proposed amendments to

Terrorism (Bombings and Financing) Bill

(b) despite paragraph (a), in sections 2A(2), 16, 23, and 24, means an offence of that kind involving a terrorist act of a kind

referred to in section 5(l)(b) or (c)

funds-

(a) means assets of every kind, whether tangible or intangible, moveable or imrnoveable, 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

infrastructure facility means any facility (whether publicly or privately owned) providing or distributing services (for example, supplying, water, sewage disposal services, energy,

fuel, or communications services) for the benefit of the public

Inspector-General means the Inspector-General of Intelligence and Security established and appointed under the Inspector-General of Intelligence and Security Act 1996

make available has the meaning given to it in section 1OB(4)

Minister means the Minister of Foreign Affairs and Trade ordinarilv resident in New Zealand has the same meaning as in section 4 of the Crimes Act 1961

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, religions, governmental, entertainment, recreational, or similar place that is so accessible or open to the public

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 means all convenances (for example, any aircraft, trains, ships, ferries, trucks, buses, or taxis), facilities, buildings, and objects (whether publicly or privately owned) used in or for services that are available to the public for the transportation of persons or cargo

relevant date has the meaning given to it in section 24(4)

Proposed amendments to

Terrorism (Bombings and Financing) Bill

relevant désignation test or désignation test has the meaning given to it in section 10M

relevant place, facility, or system has the meaning given to it in section 8(2)

relevant State has the meaning given to it in section 21(3)

relevant States Parties has the meaning given to it in section 18(2)

review proceedings has the meaning given to it in section 1OQ(5)

security risk certificats has the meaning given to it in section 1ON(l)

specified terrorism convention means any treaty specified in Schedule 3

State or government facility means any convenance (for example, an aircraft, train, ship, ferry, truck, bus, taxi, or car) or facility (whether permanent or temporary) used or occupied by any of the followig persons in connection with their official duties:

(a) representatives of a State:

(b) members of the executive, legislative, or judicial branch of the Government of a State:

(d) employées or officials of an intergovernmental organisation

terrorist act has the meaning uiven to it in section 5(l)

terrorise act in armed confliet means an act-

(a) that occurs in a situation of armed conflict; and

(b) 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

(c) the purpose of which, as shown by its nature or context, is to intimidate a population, or compel a government or an international organisation to do or abstain from doing any act ; and

(d) that is not excluded from the application of the Financing Convention by article 3 of that Convention

terrorist bombing means an offence against section 8(l).

· Terrorist act defined

(1) An act is a terrorist act for the purposes of this Act if-

(a) the act falls within subsection (2); or

(b) the act is an act against a specified terrorism convention (as defined in section 4); or

(2) An act falls within this subsection if-

Proposed amendments to

Terrorism (Bombings and Financîng) Bill

(a) the act is intended to have 1 or more of the outcomes specified in subsection (3)-, and

(b) there is some carrying out of the act, as defined in subsection (5), in any 1 or more countries; and

(i) designed to coerce, deter, or intimidate the lawful government of any country, or the public or a section of it in any country, or an international

organisation in any country; and

(ii) done for the purpose of advancing, an ideological, political, or religious aim.

(3) The outcomes referred to in subsection (2)(a) are that the act is intended-

(a) to cause the death of 1 or more persons (other than a person carrying out the act) in any country:

(b) to cause other serious violence àgainst (for example, serious injury to, or kidnapping, of) 1 or more persons (other than a person carrying out the act) in any country:

(c) to cause a serious risk to the health or safety of the public or a section of it in any country (other than to the health or safety of a person carrying out the act):

(d) to destroy or seriously damacge property of great value or importance, or cause major economic loss, or major environmental damage, in any country:

(e) to cause serious interference with, or serious disruption to, an infrastructure facility in any country.

(4) No act that is, or is part of, any wholly lawful advocacy, dissent, lockout, protest, or strike, in respect of a matter, may be regarded as having an outcome specified in subsection (3).

(5) There is some carrying out of an act for the purposes of subsection (2)(b) if any 1 or more of the following occurs:

(a) planning or other preparations to carry out the act:

(b) a threat to carry out the act:

(d) the carrying out of the act.

Compare : 1969 No 24 s 2(l); 1987 No 74 s 2(l); 1987 No 179 s 2(l); Terrorisrn Act 2000 s 1 (United Kin @dom)

Heading to clause 7

To omit this heading (line 32 on page 5), and substituts the heading "Act binds the Crown".

Heading to Part 2