Bill 20 2024 - Prevention of Terrorism (Amendment) Bill 2024

[18th Novembe r 2 0 2 4 ] Preve ntion of Terrorism (Amendment) 1 RREEPPUUBBLLIICC OOFF SSEEYYCCHHEELLLLEESS SSUUPPPPLLEEMMEENNTT TTOO OOFFFFIICCIIAALL GGAAZZEETTTTEE BBIILLLL PREVENTION OF TERRORISM (AMENDMENT) BILL, 2024 (Bill No. 20 of 2024) EXPLANATORY STATEMENT OF THE OBJECTS AND REASONS FOR THE BILL This Bill seeks to amend the Prevention of Terrorism Act to provide for the provisions that allow for effective implementation of Recommendations 6 and 7 of the Financial Action Taskforce. Seychelles is currently rated Partially Compliant for Recommendation 6 and Recommendation 7 primarily because the relevant provisions relating to these recommendations have been found to not meet the element of “without delay” this means that, actions carried out and procedures done in terms of the law are not reflecting that they are being done without delay. This amendment seeks to address this concern. The second issue is related to the prohibitive nature of penalties. The Act has prohibitive penalties, however, the Regulations are not permitted to create offences with prohibitive penalties as the current penalty is only SCR20,000.00 as such an amendment has also been made to that effect. Dated this15th day of November, 2024. ERROL FONSEKA MINISTER OF INTERNAL AFFAIRS ——————— [18th Novembe r 2 0 2 4 ] Preve ntion of Terrorism (Amendment) 2 RREEPPUUBBLLIICC OOFF SSEEYYCCHHEELLLLEESS SSUUPPPPLLEEMMEENNTT TTOO OOFFFFIICCIIAALL GGAAZZEETTTTEE BBIILLLL PREVENTION OF TERRORISM (AMENDMENT) BILL, 2024 (Bill No. 20 of 2024) ARRANGEMENT OF SECTIONS SECTIONS 1. Short title 2. Amendment of section 2 3. Amendment of section 20E 4. Amendment of section 42 [18th Novembe r 2 0 2 4 ] Preve ntion of Terrorism (Amendment) 3 RREEPPUUBBLLIICC OOFF SSEEYYCCHHEELLLLEESS SSUUPPPPLLEEMMEENNTT TTOO OOFFFFIICCIIAALL GGAAZZEETTTTEE BBIILLLL PREVENTION OF TERRORISM (AMENDMENT) BILL, 2024 (Bill No. 20 of 2024) A BILL FOR AN ACT TO AMEND THE PREVENTION OF TERRORISM ACT (CAP. 179). ENACTED by the President and the National Assembly. Short title 1. This Act may be cited as the Prevention of Terrorism (Amendment) Act, 2024. [18th Novembe r 2 0 2 4 ] Preve ntion of Terrorism (Amendment) 4 RREEPPUUBBLLIICC OOFF SSEEYYCCHHEELLLLEESS SSUUPPPPLLEEMMEENNTT TTOO OOFFFFIICCIIAALL GGAAZZEETTTTEE BBIILLLL Amendment of section 2 2. Section 2 of the Prevention of Terrorism Act (Cap.179) in this Act referred to as the “principal Act” is amended by inserting, after the definition of “funds” the following new definition — “immediately” means instantly, without delay and not later than 24 hours;” Amendment of section 20E 3. Section 20E of the principal Act is amended by inserting after subsection (3), the following new subsection — (3) Regulations made in terms of subsections (1) may provide for the imposition of penalties not exceeding SCR2,000,000 or imprisonment not less than 7 years and not more than 20 years or both for contravention of the Regulations. Amendment of section 42 4. Section 42 of the principal Act is amended — (a) by repealing subsection (1) and substituting it as follows — “(1) The Minister may make Regulations — (a) generally for the purpose of carrying out and giving effect to the provisions of this Act; (b) in respect of all matters in respect of which regulations are required or authorized to be made by this Act.” (b) by inserting after subsection (3), a new subsection as follows — [18th Novembe r 2 0 2 4 ] Preve ntion of Terrorism (Amendment) 5 RREEPPUUBBLLIICC OOFF SSEEYYCCHHEELLLLEESS SSUUPPPPLLEEMMEENNTT TTOO OOFFFFIICCIIAALL GGAAZZEETTTTEE BBIILLLL “(4) Regulations made in terms of subsections (1) and (2) may provide for the imposition of penalties not exceeding SCR2,000,000 or imprisonment not less than 7 years and not more than 20 years or both for contravention of the Regulations.”.