ANTI-TERRORISM ACT

Arrangements of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

   3.   Jurisdiction of High Court

   4.   Non-application of section 26(2) of Penal Code

PART II
TERRORIST OFFENCES

   5.   Prohibition of terrorism

   6.   Weapons and terrorism training

   7.   Directing terrorist organization

   8.   Possession of article for terrorist purposes

   9.   Collection of information for terrorist purposes

   10.   Incitement of offences

   11.   Aiding, abetting, conspiracy, etc of terrorist act

   12.   Hoaxes

   13.   Harbouring, concealing, etc of terrorist

   14.   Attempts to commit act of terrorism

   15.   Causing damage to public place, facility, etc

PART III
DECLARED TERRORIST ORGANIZATIONS

   16.   Declared terrorist organizations

   17.   Membership

   18.   Support and meetings

PART IV
TERRORIST PROPERTY

   19.   Meaning of ‘‘terrorist property"

   20.   Fundraising and other support

   21.   Use and possession of terrorist property

   22.   Assisting in retention or control of terrorist funds

   23.   Support services for terrorism

   24.   Cooperation with police

   25.   Property-tracking

   26.   Attachment of property

   27.   Seizure and detention of terrorist money

   28.   Forfeiture of terrorist property

PART V
TERRORIST INVESTIGATIONS

   29.   Meaning of terrorist "and A terrorist investigation"

   30.   Powers of arrest

   31.   Detention orders

   32.   Powers of investigation

   33.   Powers of investigation in cases of urgency

   34.   Power to intercept communication and admissibility or intercepted communications

   35.   Power to gather information

   36.   Power to obtain financial information

   37.   Port and border controls

   38.   Disclosure of information, etc

PART VI
EXCLUSION ORDERS

   39.   Making and effect of exclusion orders

   40.   Offences in connection with exclusion orders

PART VII
MUTUAL ASSISTANCE AND EXTRADITION

   41.   Exchange of information

   42.   Other requests from foreign states

   43.   Requests to foreign states

   44.   Form of request

   45.   Counter terrorism convention as basis for extradition

PART VIII
GENERAL

   46.   Powers to stop and search

   47.   Evidence

   48.   Compensation of Victims of Terrorism Fund

   49.   Rules of court

   50.   Regulations

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

      FOURTH SCHEDULE

      FIFTH SCHEDULE

AN ACT

to prohibit the carrying out of any act of terrorism; provide for measures for the detection and prevention of terrorist activities; and for matters connected with or incidental to the foregoing.

[12th September, 2007]

Act 21 of 2007.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Anti-Terrorism Act.

2.   Interpretation

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

“Anti-Corruption Commission” has the meaning assigned to it in the Anti-Corruption Commission Act;

“Authorised officer” means—

      (a)   a police officer;

      (b)   a customs officer;

      (c)   an immigration officer;

      (d)   an army officer;

      (e)   an intelligence officer;

      (f)   an officer from the Drug Enforcement Commission;

      (g)   an officer from the Anti-Corruption Commission; or

      (h)   any person appointed as such in writing by the Minister; and

“bank” has the meaning assigned to it in the Banking and Financial Services Act;

“customs officer” means an officer carrying out any functions under the Customs and Excise Act;

“Counter-Terrorism Convention” means any Convention listed in the Fifth Schedule to this Act

“declared terrorist organisation” has the meaning assigned to it in section 16;

“Drug Enforcement Commission” has the meaning assigned to it in the Narcotic Drugs and Psychotropic Substances Act;

“explosive” has the meaning assigned to it under the Explosives Act;

“financial institution” has the meaning assigned to it in the Banking and Financial Services Act;

“financial service provider” has the meaning assigned to it in the Banking and Financial Services Act;

“firearm” has the meaning assigned to it under the Firearms Act and includes an air gun or air pistol;

“immigration officer” means an officer having functions under the immigration and Deportation Act;

“inland waters” means such waters as may be declared to be inland waters by the President under the Inland Waters Shipping Act;

“legal practitioner” has the meaning assigned to it in the Legal Practitioners Act;

“organisation” includes any association or combination of persons;

“police officer” has the meaning assigned to it in the Zambia Police Act;

“premises” includes a vehicle, an offshore installation, a tent or moveable structure;

“property” includes property wherever situated, whether real or personal, heritable or moveable, things in action and other intangible or incorporeal property;

“record” includes—

      (a)   a photographic record;

      (b)   an electronic or magnetic record; and

      (c)   any computer, disk, tape, apparatus or thing in or on which a record is stored; and

“terrorism and terrorist act” means an act or omission in or outside Zambia and is intended, or by its nature and context, may reasonably be regarded as being intended to intimidate or threaten the public or a section of the public or compel a government or an international organisation to do, or refrain from doing, any act, and is made for the purpose of advancing a political, ideological or religious cause and which—

      (a)   constitutes an offence within the scope of a counter terrorism convention listed in the Fifth Schedule;

      (b)   causes or is intended to cause death or serious bodily harm to a person;

      (c)   causes or is intended to cause serious damage to private or public property;

      (d)   endangers a person’s life;

      (e)   creates a serious risk to the health or safety of the public or a section of the public

      (f)   involves the use of firearms or explosives;

      (g)   involves the release into the environment or any part thereof or distributing or exposing the public or any part thereof to any dangerous, hazardous, radioactive, harmful substance, toxic chemical, microbial or other biological agent or toxin;

      (h)   is designed or intended to disrupt any computer system or the provision of services directly related to communications, infrastructure, banking or financial services, utilities, transportation or other essential infrastructure or services;

      (i)   is designed or intended to disrupt the provision of essential emergency services such as police, civil defence or medical services;

      (j)   causes serious risk to national security;

      (k)   causes damage to a vessel or is likely to endanger the safe navigation of any vessel on inland or international waters; and

      (l)   causes damage to any aircraft or airport, is intended to or is likely to cause damage to any air navigation facilities or endanger the safety and lives of persons and property, affect the operations of air services or undermine the confidence of the public in the safety of civil aviation; and

“vessel” includes a ship, fishing vessel and any water craft used or capable of being used as a means of transportation on water.

   (2) In this Act, a reference to action taken for the purposes of terrorism includes a reference to action taken for the benefit of a declared terrorist organisation.

   (3) Any protest, demonstration or stoppage of work shall not be considered as a terrorist act if the act is not intended to result in any serious bodily harm to a person, damage to property, endanger a person’s life or create a risk to human health or public safety; and

   (4) A requirement imposed by or under this Act to produce or deliver up a record shall, in relation to an electronic or magnetic record, be construed as a requirement—

      (a)   where practicable, to produce or deliver up a disk from which the record is fully and freely accessible, by the use of a personal computer of a common variety, by the officer or person to whom the record is required to be produced or delivered up; or

      (b)   where it is not reasonably practicable—

      (i)   to allow an officer or person full and free access to the record using facilities of, or in the custody or under the control of, the person on whom the requirement is imposed; or

      (ii)   to produce or deliver up a documentary or a hard copy version of the record.

   (5) A power conferred by or under this Act to inspect any record shall, in relation to an electronic or magnetic record, be construed as a power to require full and free access to the record using the facilities of the person having custody or control of the record, and any neglect or failure by that person to afford such access shall be deemed to constitute obstruction of the officer or person exercising the power.

   (6) A power conferred by or under this Act to seize and retain a record includes, in relation to an electronic or magnetic record, a power to seize any computer, disk, tape or other thing on which the record is stored.

3.   Jurisdiction of High Court

   (1) Subject to the other provisions of this Act, the High Court has jurisdiction to try any offences under this Act.

   (2) Any person who commits an offence outside Zambia is deemed to have committed that offence in Zambia if—

      (a)   that person is a Zambian citizen;

      (b)   that person is not a Zambian citizen but is ordinarily resident in Zambia;

      (c)   that person, after the commission of the offence, is present in Zambia; or

      (d)   that person has committed the offence against a Zambian citizen or against a person who is ordinarily resident in Zambia.

4.   Non-application of section 26(2) of Penal Code

Sub-section (2) of section 26 of the Penal Code does not apply to this Act.

PART II
TERRORIST OFFENCES

5.   Prohibition of terrorism

   (1) A person shall not commit any terrorist act.

   (2) Any person who contravenes sub-section (1) commits an offence and is liable, upon conviction, to imprisonment for a minimum of twenty years and a maximum of life imprisonment.

6.   Weapons and terrorism training

   (1) A person who for purposes of or in connection with terrorism provides instruction or training in terrorism or the making or use of—

      (a)   firearms or explosives; or

      (b)   chemical, biological, radiological or nuclear weapons; commits an offence and is liable, upon conviction, to imprisonment for life.

   (2) A person who for purposes of, or in connection with, terrorism receives instructions or training in terrorism or in the making or use of—

      (a)   firearms or explosives, or

      (b)   chemical, biological, radiological or nuclear weapons; commits an offence and is liable, upon conviction, to imprisonment for life.

   (3) A person who invites another to receive instruction of training, or recruits any person for instruction, training or membership to a terrorist group the receipt or membership whereof—

      (a)   would constitute an offence under sub-section (2); or

      (b)   would constitute an offence under sub-section (2) but for the fact that it is to take place outside Zambia; commits an offence and is liable, upon conviction, to imprisonment for life.

   (4) For the purposes of this section—

      (a)   a reference to the provision of instruction includes a reference to making it available either generally or to one or more specific persons; and

      (b)   an invitation to receive instruction or training may be either general or addressed to one or more specific persons.

   (5) Nothing in this section shall be construed as prohibiting-

      (a)   the provision of any instruction or training to, or the receipt of any instruction or training by, members of the armed or defence forces or the Zambia Police Force;

      (b)   the provision or receipt of any instruction or training under or for the purposes of any Act or written law; or

      (c)   an invitation to receive any instruction or training referred to in paragraph (a) or (b).

7.   Directing terrorist organization

A person who directs the activities of an organisation which is concerned in the commission of acts of terrorism commits an offence and is liable, upon conviction, to imprisonment for life.

8.   Possession of article for terrorist purposes

A person who possesses an article for a purpose connected with the commission, preparation or instigation of an act of terrorism commits an offence and is liable, upon conviction, to imprisonment for life.

9.   Collection of information for terrorist purposes

   (1) A person who for purposes of or in connection with terrorism—

   (a)   collects, makes or transmits a record of information of a kind likely to be useful to a person committing or preparing an act of terrorism; or

   (b)   possesses a document or record containing information likely to be used for a terrorist act; commits an offence and is liable, upon conviction, to imprisonment for a period of not less than ten years but not exceeding twenty years.

   (2) In this section "transmit" includes—

   (a)   sending by telephone, e-mail, voice-mailor other telecommunication method; and

   (b)   making available on the internet.

10.   Incitement of offences

   (1) A person who incites another person to commit an act of terrorism commits an offence and is liable, upon conviction, to imprisonment for life.

   (2) For the purposes of sub-section (1), it is immaterial whether or not the person incited is in Zambia at the time of the incitement.

11.   Aiding, abetting, conspiracy, etc of terrorist act

A person who aids, abets, counsels, procures, incites or solicits the commission of a terrorist act, commits an offence and is liable upon conviction, to imprisonment for life.

12.   Hoaxes

A person who knowingly makes a false report or issues any false communication purporting that a terrorist offence has been or is intended to or is likely to be committed commits an offence and is liable, upon conviction, to imprisonment for a term of not less than twenty years, but not exceeding thirty years.

13.   Harbouring, concealing, etc of terrorist

A person, who harbours, conceals or provides a safe haven to a terrorist or another person who finances or supports a terrorist or the commission of a terrorist act commits an offence and is liable, upon conviction, to imprisonment for life.

14.   Attempts to commit act of terrorism

A person who conspires in or attempts to commit an act of terrorism commits an offence and is liable, upon conviction, to imprisonment for life.

15.   Causing damage to public place, facility, etc

   (1) A person who unlawfully and intentionally delivers, places, discharges or detonates an explosive or other lethal device in, into or against a place of public use, a Government facility, a public transportation system or an infrastructure facility with—

      (a)   intention to cause death or serious bodily harm; or

      (b)   intention to cause extensive destruction to the place, facility or system, where destruction results in or is likely to result in major economic loss; commits an offence and is liable, upon conviction, to imprisonment for life.

   (2) A person commits an offence under this section if that person—

      (a)   participates as an accomplice in an offence under sub-section (1);

      (b)   organises or directs others to commit an offence under sub-section (1); or

      (c)   in any way contributes to the commission of one or more offences under this section through a group of persons acting with a common purpose; and is liable, upon conviction, to imprisonment for life.

   (3) In this section —

“energy" has the meaning assigned to it in the Energy Regulation Act;

“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 harm or substantial material damage; or

      (b)   a weapon or device that is designated, or has the capability, to cause death, serious bodily harm or substantial material damage through the release, disseminations or impact of toxic chemicals, biological agents or toxins or similar substances or radiation or radioactive material;

“fuel” has the meaning assigned to it in the Energy Regulation Act; Cap 436

“Government facility” includes any permanent or temporary facility or conveyance that is used or occupied by representatives of the State, members of Government, the Legislature, the Judiciary, any officer or employees of the State or any other public authority or entity, or officers or employees of an intergovernmental organisation in connection with their official duties;

“infrastructure facility” means any publicly or privately owned facility providing or distributing services for the benefit of the public, such as water, sewerage, energy, fuel or communications; and

“place of public use” 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 encompasses any commercial, business, cultural, historical, educational, religious, governmental, entertainment, recreational or similar place that is so accessible or open to the public.

PART III
DECLARED TERRORIST ORGANISATION

16.   Declared terrorist organizations

   (1) For the purposes of this Act, an organisation is a declared terrorist organisation if—

      (a)   the Minister has, by notice, under this section, declared the organisation to be engaged in terrorism;

      (b)   the organisation operates under the same name as an organisation referred to in paragraph (a); or

      (c)   the organisation has been declared by the Security Council of the United Nations Organisation or the African Union is a terrorist organisation.

   (2) Paragraph (b) of sub-section (1) has effect subject to the terms of any notice published under this section.

   (3) The Minister may, where the Minister has reasonable grounds to believe that an organisation is engaged in terrorism, by notice published in the Gazette declare that the specified organisation is engaged in terrorism.

   (4) For purposes of sub-section (3), an organisation is engaged in terrorism if it—

      (a)   commits or participates in acts of terrorism;

      (b)   prepares for terrorism;

      (c)   promotes or encourages terrorism; or

      (d)   is otherwise involved in terrorism

17.   Membership

   (1) A person who forms, owns, belongs or professes to belong to an organisation that is a declared terrorist organisation commits an offence and is liable, upon conviction, to imprisonment for life.

   (2) It is a defence for a person charged with an offence under sub-section (1) to satisfy the court, on a balance of probabilities—

      (a)   that the organisation was not a declared terrorist organisation under this Act on the last or only occasions on which the person became a member or began to profess to be a member; and

      (b)   that the person has not taken part in the activities of the organisation at any time while it was declared a terrorist organisation under this Act.

18.   Support and meetings

   (1) A person who invites support for a declared terrorist organisation commits an offence.

   (2) A person commits an offence who arranges or manages, or assists in arranging or managing, a meeting which the person knows is to—

      (a)   support a declared terrorist organisation;

      (b)   further the activities of a declared terrorist organisation; or

      (c)   be addressed by a person who belongs or professes to belong to a declared terrorist organisation.

   (3) A person who addresses a meeting commits an offence if the purpose of that person’s address is to encourage support for a declared terrorist organisation or to further its activities.

   (4) It is a defence for a person charged with an offence under paragraph (c) of sub-section (2) to satisfy the court, on a balance of probabilities, that the person had no reasonable cause to believe that the address mentioned in that paragraph would support a declared terrorist organisation or further its activities.

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