The Written Laws (Miscellaneous Amendments)(No.2) Act, 2012
This section gives the short title and identifies an amendment to certain written laws, including the National Prosecutions Service Act (Cap. 430).
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- The Written Laws (Miscellaneous Amendments)(No.2) Act, 2012
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About this statute
This section gives the short title and identifies an amendment to certain written laws, including the National Prosecutions Service Act (Cap. 430). This section is a construction heading and identifies amendments to sections 18 and 22 of the Police Force and Auxiliary Services Act. This section states that Section 7 is amended. This section states that section 25A is added. This provision amends section 22 of the Proceeds of Crime Act.
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Provisions of The Written Laws (Miscellaneous Amendments)(No.2) Act, 2012
Showing 43 of 43
- 2 Verify source ↗
Section 2
AI-assisted research summary: This section gives the short title and identifies an amendment to certain written laws, including the National Prosecutions Service Act (Cap. 430).
2. Short title. Amendment of certain written laws. PART II A m e n d m e n t o f t h e N a t io n a l P r o s e c u t io n s S e r v ic e A c t . ( C a p . 430)
Part
PART II
- 5 Verify source ↗
Section 5
AI-assisted research summary: This section is a construction heading and identifies amendments to sections 18 and 22 of the Police Force and Auxiliary Services Act.
5. Construction. Amendment o f section 18. Amendment o f section 22. PART III A m e n d m e n t o f t h e P o l ic e F o r c e a n d A u x il ia r y S e r v ic e s A c t , (C a p . 322) - 3 Verify source ↗
This Part shall be read as one with the National
AI-assisted research summary: This section says the Part must be read together with the National Prosecutions Service Act, and the Director may issue orders, guidelines, and instructions to Service officers and certain officials. Those orders, guidelines, and instructions may also be published in the Gazette.
3. This Part shall be read as one with the National Prosecutions Service Act, hereinafter referred to as the “principal Act”. Amend- ment of section ’18 4, The principal Act is amended in section 18. by - (a) deleting subsection ( 1) and substituting for it the following: or “(1) The Director may, subject to the provisions of this Act, issue orders, for guidelines observance to all officers in the Service and all officials referred to in section 17(1) of this Act in the execution of their functions.” instructions (b) adding immediately after subsection (3) the following: “(4) The orders, guidelines and instructions issued under this section may be published in the Gazette.” Amend- section 22 - 5 Verify source ↗
The principal Act is amended in section 22, by
AI-assisted research summary: The Director may appoint a public prosecutor by notice in the Gazette.
5. The principal Act is amended in section 22, by deleting subsection ( 1 ) and substituting for it the following: “(1) The Director may, by notice in the Gazette, appoint a person to be a public prosecutor from other departments of the Government, local government authorities, private practice or any legal officer to prosecute any case on the Director’s behalf.” 6 No. 6 Written Laws (Miscellaneous Amendments) (No. 2)______2012 PART III A m e n d m e n t o f t h e P o l i c e F o r c e a n d A u x i l i a r y S e r v i c e s A c t , (C a p. 322) Constru- Cap322 Amend- Section? Constru- Cap” 168 Addition of section
Part
PART III
- 6 Verify source ↗
Section 6
AI-assisted research summary: This section states that Section 7 is amended.
6. Construction. Amendment o f Section 7. 1 No. 6 Written Laws (Miscellaneous Amendments) (No. 2) 2012 PART IV A m e n d m e n t o f t h e R o a d T r a f f ic A c t ( C a p . 168) - 6 Verify source ↗
This Part shall be read as one with the Police Force
AI-assisted research summary: This Part must be read together with the Police Force and Auxiliary Services Act, called the principal Act here.
6. This Part shall be read as one with the Police Force anc* Auxiliary Services Act, hereinafter referred to as the “principal Act”. - 7 Verify source ↗
The principal Act is amended in section 7, by adding
AI-assisted research summary: Orders or directions made under this section may be published in the Gazette.
7. The principal Act is amended in section 7, by adding following new subsection after the (2) immediately subsection - “(3) The orders or directions made under this section may be published in the Gazette. ” PART IV A m e n d m e n t o i? t h e R o a d T r a f f ic A c t (Cap. 168) gt This Part shall be read as one with the Road Traffic Act, hereinafter referred to as the “principal Act”,
Part
PART IV
- 9 Verify source ↗
Section 9
AI-assisted research summary: This section states that section 25A is added.
9. Construction. Addition o f section 25A. PART V A m e n d m e n t o f t h e C o n s t it u e n c ie s D e v e l o p m e n t C a t a l y s t F u n d A c t , ( C a p . 96) - 9 Verify source ↗
The principal Act is amended by adding immediately
AI-assisted research summary: The principal Act is amended by inserting new text immediately after section 25.
9. The principal Act is amended by adding immediately a^ er s e c t j o n 25 the following: - 25A Verify source ↗
(1) For the purposes o f ensuring
AI-assisted research summary: Driving licence points may be deducted when a licence holder commits or is convicted of an offence under the Act, and the Minister may make regulations about how the point system works.
25A.-(1) For the purposes o f ensuring “Licen- system'111 compliancc with the provision o f this Act and the conditions attached to a driving licence, every licence shall have a number of points which may be deducted proportionally whenever a driving licence holder commits or is convicted o f an offence under this Act. (2) The Minister may make Regulations prescribing the manner in which the driving licence point system shall operate.” 7 No. 6 Written Laws (Miscellaneous Amendments) (No. 2) 2012 PART V A m e n d m e n t o f t h e C o n s t it u e n c ie s D e v e l o p m e n t C a t a l y s t F u n d A c t , ( C a p . 9 6 ) Constru- ction Amend- ment of scction 3 io . This part shall be the Constituencies Development Catalyst Fund Act, hereinafter referred to as the “principal Act”. read as one with
Part
PART V
- 14 Verify source ↗
Amendment of section 22
AI-assisted research summary: This provision amends section 22 of the Proceeds of Crime Act.
14. Amendment of section 22. PART VI A m e n d m e n t o f t h e P r o c e e d s o f C r im e A c t , ( C a p . 256) - 11 Verify source ↗
The principal Act is amended in section 3, by
AI-assisted research summary: This section amends section 3 of the principal Act by replacing the definition of “Minister” and adding a new definition of “officer-in-charge”; it also starts to amend section 4.
11. The principal Act is amended in section 3, by - (a) deleting the definition of the word “M inister” and substituting for it the following: “Minister” mcans- (a) (b) for responsible in the case o f Tanzania Mainland, the local Minister governments; and the case o f Tanzania Zanzibar in in the Minister o f State means Vice-President Office - Union affairs”. inserting in the appropriate alphabetical order the following new definition: includes any person “officer-in-charge” designated by the Clerk o f the National Assembly to be an officer in-charge o f the office in Tanzania Zanzibar”; (b) Amend- section 4 - 12 Verify source ↗
The principal Act is amended in section 4, by
AI-assisted research summary: This provision amends section 4 of the principal Act by inserting “and officer-in-charge” after “Union Matters” in subsection (2).
12. The principal Act is amended in section 4, by inserting the phrase “and officer-in-charge” immediately after the words “Union Matters” appearing in subsection (2). Amend- sectional - 13 Verify source ↗
T h e principal Act is amended in section 21, by
AI-assisted research summary: This provision amends section 21 by adding “or officer-in-charge” after “Council Director” in subsection (2).
13. T h e principal Act is amended in section 21, by inserting the phrase “or officer-in-charge” immediately after the words “Council Director” appearing in subsection (2). 8 No. 6 Written Laws (Miscellaneous Amendments) (No. 2)______2012 Amend ment of section 22 - 14 Verify source ↗
The principal Act is amended in section 22(3), by
AI-assisted research summary: This section amends section 22(3) of the principal Act by adding specified paragraphs.
14. The principal Act is amended in section 22(3), by- (a) (b) after item (ii) of immediately adding paragraph (a) the following: “(iii) the District Planning Officer, in the case o f Tanzania Zanzibar;” and immediately adding paragraph (b) the following: “(iii) one o f the councillors mentioned under case o f after item (ii) of the in section 10(l)(c), Tanzania Zanzibar.” PART VI A m e n d m e n t o f t h e P r o c e e d s o f C r i m e A c t , ( C a p . 256) Constru ction Cap. 256 Amend ment of section 3 15* This Part shall be read as one with the Proceeds of Crime Act, hereinafter referred to as the “principal Act”.
Part
PART VI
- 22 Verify source ↗
Amendment o f section 39
AI-assisted research summary: This provision is an amendment heading for section 39, referring to an amendment of section 3 of the Prevention of Terrorism Act.
22. Amendment o f section 39. 2 No. 6 Written Laws (Miscellaneous Amendments) (No. 2) 2012 PART VII A m e n d m e n t o f t h e P r e v e n t io n o f T e r r o r is m A c t , ( C a p . 19) Construction. Amendment o f section 3. - 16 Verify source ↗
The principal Act is amended in section 3, by
AI-assisted research summary: This section amends the definition section of the principal Act, changing one word in the definition of “tainted property” and replacing the definition of “property” with a broader one.
16. The principal Act is amended in section 3, by - (a) deleting the words “the offence” appearing in paragraph (b) o f the definition o f the term “tainted property” and substituting for them the word “crime”; (b) deleting the definition o f the term “property” and substituting for it the following: “property’* includes: (a) (b) assets o f every kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible; legal documents or instruments in including electronic or any form, 9 No. 6 Written Laws (Miscellaneous Amendments) (No. 2) 2012 (c) credits, travelers digital., evidencing title to or interest in such assets; or cheques, bank bankers order, cheques, money shares, bonds and other securities, drafts and letters o f crcdits, and any interest, dividends or other income on or value from or generated by such assets whether situated in or outside the United Republic”. Amend ment of section 5 Amend ment of section 12 - 17 Verify source ↗
The principal Act is amended in section 5 by
AI-assisted research summary: This section changes section 5 of the principal Act by deleting the words “except section 4” from the first line.
17. The principal Act is amended in section 5 by deleting the phrase “except section 4” appearing in the first line. - 18 Verify source ↗
The principal Act is amended in section 12 by
AI-assisted research summary: This section amends section 12 of the principal Act by adding a new paragraph and renumbering the existing paragraphs.
18. The principal Act is amended in section 12 by - (a) inserting the following new paragraph: “(a) a person was under investigation for the offence”; (b) re-numbering paragraphs “(a)” and “(b)” as paragraphs “(b)” and “(c)” accordingly. Addition of section 13A - 19 Verify source ↗
Section 19
AI-assisted research summary: This section amends the principal Act by inserting a new section after section 13.
19. The principal Act is amended by adding immediately after section 13 the following new section: “Confisca- were°adCr person has but before a conviction, dicd - 13A Verify source ↗
(1) Where a person dies while
AI-assisted research summary: The Attorney General may ask the court for a confiscation order when a person dies while under investigation or after being charged.
13A.-(1) Where a person dies while under investigation or after being chargcd the Attorney General may apply to the court for a confiscation order. (2) The grant court may an application for confiscation order where it is satisfied, on balance o f probabilities, that - 10 No. 6 Written Laws (Miscellaneous Amendments) (No. 2)______2012 to to (a) have taken person was a under investigation when he died and reasonable steps have been conduct investigation o f an offence alleged been committed; a person has been charged but the before conclusion o f the trial, and there are reasonable grounds to believe that a confiscation order would have been issued against that person if he was alive.” dies (b) Amend ment of section 30 - 20 Verify source ↗
The principal Act is amended in section 30, by
AI-assisted research summary: This provision amends section 30 of the principal Act by replacing paragraph (a) in subsection (1) with new wording about bringing a person before the court on a charge for a serious offence.
20. The principal Act is amended in section 30, by in subsection ( 1) and deleting paragraph (a) appearing substituting for it the following: “(a) for any reason to bring the person before the court on a charge for any serious offence; or” Amend ment of section 38 - 21 Verify source ↗
The principal Act is amended in section 38, by
AI-assisted research summary: The Attorney General may ask the court for a restraining order over property linked to a serious offence matter, and the court must consider trustee qualifications when appointing a trustee for restrained property.
21. The principal Act is amended in section 38, by - deleting subsection ( 1) and substituting for it (a) the following: “(1) The Attorney General may apply to the court for a restraining order in terms o f this section against all or any specified property o f the person who is under investigation for a serious offence or has been charged with or convicted o f a serious offence including the property acquired following issuance of restraining order and property o f a person other than the person who is under investigation or has been charged with or convicted of a serious offence.” 11 No. 6 Written Laws (Miscellaneous Amendments) (No. 2) 2012 (b) inserting immediately after subsection (5) the following: in “(6) In appointing a trustee terms of subsection (2)(b), the court shall have regard to the qualifications of a trustee of the property which is under restraining order.” Amend ment of section 39 - 22 Verify source ↗
The principal Act is amended in section 39, by
AI-assisted research summary: This provision amends section 39 and says a court must not issue a restraining order in an application made before a person is charged unless it is satisfied, based on the affidavit, that the required step has been taken.
22. The principal Act is amended in section 39, by deleting subsection (4) and substituting for it the following: “(4) Where the application is made before a person is charged, the court shall not issue a restraining order unless the court is satisfied that having regard to the matters contained in the affidavit, the reasonable step has been the offence concerned.” investigate taken to PART VII A m e n d m e n t o f t h e P r e v e n t io n o f T e r r o r is m A c t , (C a p . 19) Constru ction Cap. 19 Amend ment of section 3
Part
PART VII
- 25 Verify source ↗
Amendment of section 45 and 46
AI-assisted research summary: This section amends sections 45 and 46 of the Economic and Organised Crime Control Act.
25. Amendment of section 45 and 46. PART VIII A m e n d m e n t o f t h e E c o n o m ic a n d O r g a n is e d C r im e C o n t r o l A c t . ( C a p .200) - 23 Verify source ↗
This Part shall be read as one with the Prevention of
AI-assisted research summary: This Part must be read together with the Prevention of Terrorism Act, which is called the principal Act here.
23. This Part shall be read as one with the Prevention of Terrorism Act, hereinafter referred to as the “principal Act”. - 24 Verify source ↗
The principal Act is amended in section 3, by
AI-assisted research summary: This provision adds definitions for “funds” and “property” in section 3 of the principal Act.
24. The principal Act is amended in section 3, by inserting in its appropriate alphabetical order the following new definitions: ““funds” includes- (a) assets o f any kind, whether tangible or intangible, immovable by whatever means movable or acquired; (b) legal document or form, including electronic or digital, evidencing title to, or interest in such assets; and instrument in any (c) bank credits, traveller’s cheque, bankers cheque, 12 No. 6 Written Laws (Miscellaneous Amendments) (No. 2) 2012 money orders, shares, bonds and other securities, draft and letters o f credits;” “property” has the same meaning as ascribed to it in the Proceeds o f Crime Act;”. The principal Act is amended in sections 45 and 46, - 25 Verify source ↗
Section 25
AI-assisted research summary: This provision changes a statutory phrase by replacing “the Director of Immigration” with “the Principal Commissioner of Immigration.”
25. by deleting the phrase “the Director o f Immigration” wherever it appear and substituting for it the phrase “the Principal Commissioner o f Immigration.” Cap.256 Amend ment of section 45 and 46 PART VIII A m e n d m e n t o p t h e E c o n o m i c a n d O r g a n i s e d C r i m e C o n t r o l A c t . ( C a p . 200) Constru ction Cap.200 Amend ment of section^
Part
PART VIII
- 27 Verify source ↗
Amendment of section 23
AI-assisted research summary: This provision states that section 23 is amended as part of Part IX of the Drugs and Prevention of Illicit Traffic in Drugs Act.
27. Amendment of section 23. PART IX A m e n d m e n t o f t h e D r u g s a n d P r e v e n t io n o f I l l ic it T r a f f ic in D r u g s A c t . ( C a p . 9 5 ) - 26 Verify source ↗
This Part shall be read as one with the Economic
AI-assisted research summary: This Part is to be read together with the Economic And Organised Crime Control Act, called the principal Act.
26. This Part shall be read as one with the Economic And Organised Crime Control Act, hereinafter referred to as the “principal Act”. - 27 Verify source ↗
The principal Act is amended
AI-assisted research summary: This section amends section 23 of the principal Act and replaces subsection (11) with definitions of “owner” and “property.”
27. The principal Act is amended in section 23, by deleting subscction(l 1) and substituting for it the following: “(11) For the purpose of this section: ““owner” includes a person who has interest in that property and include a third party; “property” includes the property originally in the possession or under the control o f the accused person or any property into or for which that original property is converted or exchange, or anything acquired by such conversion or exchange, whether before or after the accused was apprehended;”. 13 No. 6 Written Laws (Miscellaneous Amendments) (No. 2)______ 2012 PART IX A m e n d m e n t o f t h e D r u g s a n d P r e v e n t io n o f I l l ic it T r a f f ic in D r u g s A c t , ( C a p . 9 5 ) Constru ction Cap.95 Amend ment of section 2 Amend- section^ 2 Amend ment of section 16
Part
PART IX
- 32 Verify source ↗
Addition o f section 17A and 17B
AI-assisted research summary: This section adds sections 17A and 17B to the Evidence Act.
32. Addition o f section 17A and 17B. PART X A m e n d m e n t o f t h e E v id e n c e A c t , (C a p . 6 ) - 28 Verify source ↗
This part shall be read as one with the Drugs and
AI-assisted research summary: This section says this part must be read together with the Drugs and Prevention of Illicit Traffic in Drugs Act, which is called the principal Act.
28. This part shall be read as one with the Drugs and Prevention o f Illicit Traffic in Drugs Act. hereinafter referred as “the principal Act”. - 29 Verify source ↗
The principal Act is amended in section 2, by
AI-assisted research summary: This section changes the definition of “court” for specified offences, making some offences go to the subordinate court and others to the High Court.
29. The principal Act is amended in section 2, by deleting the definition o f the term “court “ and substituting for it the following: ““court”: (a) in respect o f offences under sections 12. 17 and 17A means subordinate court; and (b) in respect o f offences under sections 16, 18. 19. 20, 21 and 23 means the High Court”. - 30 Verify source ↗
The principal Act is amended in section 12, by
AI-assisted research summary: This provision amends section 12 of the principal Act by deleting specified words and a phrase from paragraph (d).
30. The principal Act is amended in section 12, by deleting the words “manufactured drugs” and the phrase “or any manufactured drugs” any preparation appearing in paragraph (d). containing - 31 Verify source ↗
The principal Act is amended in section 16 by
AI-assisted research summary: This amendment makes possession-related conduct and trafficking involving narcotic drugs or psychotropic substances offences, with life imprisonment on conviction.
31. The principal Act is amended in section 16 by - (a) deleting paragraphs “(a)” and “(b)” and substituting for them the following: “(a) found in possession or does any act or omits to do any act or thing in respect o f narcotic drugs or any preparation any manufactured drugs commits an offence and upon conviction shall be sentenced to life imprisonment; and containing 14 No. 6 Written Lems (Miscellaneous Amendments) (No. 2) 2012 (b) trafficking in any narcotic drug or psychotropic substance commits an offence and upon conviction shall be sentenced to life imprisonment (b) deleting subsection (2). Addition of scction 17A and 17B - 32 Verify source ↗
Section 32
AI-assisted research summary: The principal Act is amended to add new sections about penalties for smoking, inhaling, sniffing, or otherwise using narcotic drugs.
32. The principal Act is amended by adding immediately after section 17 the following new sections: “Penalty in rcspcct of smoking, inhaling sniffing or otherwise using narcotic drugs - 17A Verify source ↗
A person who
AI-assisted research summary: A person must not use narcotic drugs or psychotropic substances, be in places used for that purpose without lawful and reasonable excuse, or possess related smoking utensils.
17A. A person who- (a) smokes, inhales, sniffs, or otherwise uses any narcotic drug psychotropic substance; or (b) without lawful and reasonable excuse, is found in any house, room or place used for smoking, inhaling, sniffing any narcotic drug or psychotropic substance; or (c) is found in possession of any pipe or other utensil for use in connection with smoking, inhailing, sniffing or otherwise using opium, cannabis, heroin, cocaine or any other related substance, commits an offence and upon conviction shall be liable to a fine o f one million shillings or imprisonment for a term o f ten years or to both. 15 No. 6 Written Laws (Miscellaneous Amendments) (No. 2) 2012 t " , ..... . in Penalty respect of the owner or occupier of a premise - 17B Verify source ↗
A person who
AI-assisted research summary: A person responsible for premises, conveyances, or enclosures must not allow them to be used for certain drug-related activities; doing so is an offence punishable by life imprisonment on conviction.
17B. A person who- (a) being the owner, occupier or person concerned with the management o f any premise, conveyance or enclosure permits premise, a such enclosure or conveyance to be used for the prupose of- preparation o f psychotropic substance or opium for smoking, selling, inhaling or sniffing any narcotic drug: or (i) (d) (ii) manufacturing, producing or selling any narcotic drugs or psychotropic substance: is found in possession o f an tool, equipment, machine any utensil used in connection with the preparation o f opium or any or other for psychotropic smoking, drug substance narcotic or commits an offence and upon convjction shall be liable to life imprisonment.” PART X A m e n d m e n t o f t h e E v i d e n c e A c t , ( C a p . 6 ) Constru ction Cap.6 Amend ment of section 34B
Part
PART X
- 34 Verify source ↗
Amendment o f section 34B
AI-assisted research summary: This text identifies an amendment section and states the Act’s short title.
34. Amendment o f section 34B. 3 No. 6 Written Laws (Miscellaneous Amendments) (No. 2)______ 2012 THE UNITED REPUBLIC OF TANZANIA No. 6 Or 2012 I ASSENT, J a k a y a M r i s h o K ik v v e t e , President [15th June, 2012] An Act to am end ccrtain w ritten laws. E n a c t e d by Parliament o f the United Republic o f Tanzania. PART 1 P r e l im in a r y P r o v is io n s Short title i. T'his Act may be cited as the Written Laws (Miscellaneous Amendments)(No.2) Act. 2012. Amend ment of ccrtain written !aws - 33 Verify source ↗
This part shall be read as one with the Evidence Act,
AI-assisted research summary: This part must be read together with the Evidence Act, which is called the principal Act.
33. This part shall be read as one with the Evidence Act, hereinafter referred to as the “principal Act”. - 34 Verify source ↗
The principal Act is amended in section 34B(2) by
AI-assisted research summary: This provision amends section 34B(2) of the principal Act by changing punctuation in paragraph (e) and adding a new proviso about how the court should determine the relevance of an objection.
34. The principal Act is amended in section 34B(2) by - (a) deleting a semicolon (;) and substituting for it 16 No. 6_________ Written Laws (Miscellaneous Amendments) (No. 2) 2012 (b) with a full colon (:) appearing in paragraph (e); and inserting immediately after paragraph (e), the following proviso: “Provided court shall that the determine the relevance o f any objection;” Passed in the National Assembly on the 16th April, 2012. T h o m a s D. K a s h il il a h , C lerk o f the N atio n a l A ssem b ly
Part
PART 1
- 2 Verify source ↗
Section 2
AI-assisted research summary: This section amends the written laws listed in the relevant Parts of the Act as provided in those Parts.
2. The written laws specified in various Parts o f this Act are amended in the manner provided for in their respective Parts. 5 No. 6 Written Laws (Miscellaneous Amendments) (No. 2)______ 2012 PART II A m e n d m e n t o f t h e N a t io n a l P r o s e c u t io n s S e r v ic e A c t . (C a p . 430) Constru- Cap 430
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The Written Laws (Miscellaneous Amendments)(No.2) Act, 2012
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