Prevention of Terrorism Act, 2004
Act 7 of 2004
- Commenced on 1 December 2004
- [This is the version of this document at 31 December 2015.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Prevention of Terrorism Act, 2004.
2. InterpretationIn this Act—"aircraft" includes an aeroplane, glider and helicopter;"communication" means a communication received or transmitted by post or a telegraphic, telephonic or other communication received or transmitted by electricity, magnetism or other means;"communications service provider" means a person who provides services for the transmission or reception of communications;"competent authority" in relation to a foreign State, means the Attorney-General or the like officer of that State;"entity" means a person, group, trust, partnership, fund or an unincorporated association or organisation;"financial institution" means a commercial bank or any other institution which makes loans, advances or investments or accepts deposits of money from the public;"master", in relation to a vessel, means the owner or person other than a harbour master or pilot having for the time being command or charge of the vessel;"Minister" means the minister responsible for internal affairs;"operator", in relation to an aircraft, means the owner or person for the time being in charge or command or control of the aircraft;"property" means any movable or immovable property;"specified entity" means an entity in respect of which an order under section 3 has been made, or is deemed by reason of the operation of section 42 (3) to have been made, and is for the time being in force;"terrorist act" means an act or threat of action which—(a)involves the death of, or serious bodily harm to, a person;(b)involves serious damage to property;(c)endangers a person's life;(d)creates a serious risk to the health or safety of the public or a section of the public;(e)involves the use of firearms or explosives;(f)involves releasing into the environment or any part thereof or distributing or exposing the public or any section thereof to—(i)any dangerous, hazardous, radioactive or harmful substance;(ii)any toxic chemical;(iii)any microbial or other biological agent or toxin;(g)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;(h)is designed or intended to disrupt the provision of essential emergency services such as police, civil defence or medical services;(i)involves prejudice to national security or public safety;and is intended, or by its nature and context may reasonably be regarded as being intended, to—(i)intimidate the public or a section of the public; or(ii)seriously destabilise or destroy the religious, political, constitutional, economic or social institutions of a country, or an international organisation; or(iii)compel a government or an international organisation to do, or refrain from doing, any act:Provided that an act which disrupts any services and is committed in pursuance of a protest, demonstration or stoppage of work shall be deemed not to be a terrorist act within the meaning of this definition so long and so long only as the act is not intended to result in any harm referred to in paragraph (a), (b), (c) or (d);"terrorist group" means—(a)an entity that has, as one of its activities and purposes, the committing of, or the facilitation of the commission of, a terrorist act; or(b)a specified entity;"terrorist property" means—(a)proceeds from the commission of a terrorist act,(b)money or other property which has been, is being, or is likely to be used to commit a terrorist act, or(c)money or other property which has been, is being, or is likely to be used by a terrorist group;"vessel" means any thing made or adapted for the conveyance by water of people or property;"weapon" includes a firearm or explosive or a chemical, biological or nuclear weapon.
Part II – Specified entities
3. Specified entity order
Part III – Offences
4. Offence of terrorist actEvery person who commits—
5. Provision or collection of funds to commit terrorist actsEvery person who provides or collects, by any means, directly or indirectly, any funds intending, knowing or having reasonable grounds to believe that the funds will be used in full or in part to carry out a terrorist act commits an offence and shall, on conviction, be liable to imprisonment for a term not less than seven years and not more than 20 years.
6. Collection of property or provision of property or services for commission of terrorist actsEvery person who, directly or indirectly, collects property or provides, invites a person to provide, or makes available, property or financial or other related services—
7. Use of property for commission of terrorist actsEvery person who—
8. Arrangements for retention or control of terrorist propertyEvery person who knowingly enters into, or becomes concerned in, an arrangement which facilitates the retention or control by or on behalf of another person of terrorist property
9. Dealing in property owned or controlled by terrorist groups
10. Soliciting and giving of support to terrorist groups or for the commission of terrorist acts
11. Harbouring of persons committing terrorist actsEvery person who harbours or conceals, or prevents, hinders or interferes with the apprehension of, any other person knowing, or having reason to believe that such other person—
12 . Provision of weapons to terrorist groupsEvery person who knowingly offers to provide, or provides, any weapon to—
13. Recruitment for terrorist groups or terrorist actsEvery person who knowingly agrees to recruit, or recruits, another person—
14. Training terrorist groups and personsEvery person who knowingly agrees to provide training or instruction, or provides training or instruction—
15. Promotion or facilitation of terrorism in foreign statesEvery person who in Seychelles—
16. Promotion of offences under section 15Every person who being—
17. Conspiracy to commit offences under this Act
18. Membership of terrorist groups
19. Arrangement of meetings in support of terrorist groups
20. Participation in the commission of offences under this ActEvery person who—
Part IV – Investigation of offences
21. Powers of arrestAny police officer may arrest without warrant any person who has committed or is committing or is suspected by the police officer on reasonable grounds to have committed or to be committing an offence under this Act.
22. Right to be released
23. Remand by court
24. Power to gather information
25. Power to intercept communications and the admissibility of intercepted communications
26. Power to seize property used in commission of terrorist acts
Part V – Trial of offences
27. Jurisdiction to try offences under this Act
28. Evidence by certificateWhere in any proceedings for an offence under this Act a question arises as to whether any thing or a substance is a weapon, a hazardous, radioactive or a harmful substance, a toxic chemical or microbial or other biological agent or toxin, a certificate purporting to be signed by the Director General of the Seychelles Bureau of Standards to the effect that the thing or substance described in the certificate is a weapon, hazardous, radioactive or harmful substance, a toxic chemical or microbial or other biological agent or toxin, shall be admissible in evidence without proof of the signature of the person appearing to have signed it and shall, in the absence of evidence to the contrary, be proof of the facts stated therein.
29. Order for forfeiture of property on conviction of offences under this Act
Part VI – Extradition and mutual assistance in criminal matters
30. Exchange of information relating to terrorist groups and terrorist actsThe Attorney-General may, on a request made by the competent authority of a foreign State, disclose to that authority, any information in his or her possession or in the possession of any other government department or agency, relating to any of the following—
31. Counter-terrorism conventions to be used as basis for extraditionWhere Seychelles becomes a party to a counter-terrorism convention and there is no extradition arrangement between the Government of Seychelles and another State which is a party to that counter-terrorism convention, the Minister may, by Order published in the Gazette, treat the counter-terrorism convention, for the purposes of the Extradition Act, as a treaty within the meaning of the Extradition Act between the Republic of Seychelles and that State providing for extradition in respect of offences falling within the scope of that counter-terrorism convention.
32. Counter-terrorism conventions to be used as basis for mutual assistance in criminal matters
33. Certain terrorist acts extraditable despite political nature of actsNotwithstanding anything in the Extradition Act, an offence which causes—
Part VII – Miscellaneous
34. Duty to disclose information relating to terrorist acts etc.
35. Duty to disclose information relating to property of terrorist groups or property used for commission of offences under this Act
36. Orders for seizure and restraint of property
37. Orders for forfeiture of property
38. Power to prohibit making funds available to persons in foreign states to commit terrorist acts
39 Refusal of applications for registration, and the revocation of registration, of associations linked to terrorist groups
40. Provision of information relating to persons entering and leaving the country
41. Power to refuse refugee applicationThe Minister responsible for the subject of Immigration may, having regard to the interests of national security and public safety, refuse the application of any person applying for status as a refugee, if the Minister has reasonable grounds to believe that the applicant has committed a terrorist act or is, or is likely to be, involved in the commission of a terrorist act.
42. Power to make Regulations
History of this document
01 December 2004
|Prevention of Terrorism (Implementation of United Nations Security Council Resolutions on Suppression of Terrorism) Regulations, 2015||Statutory Instrument 39 of 2015|