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Counter Terrorism and Transnational Organised Crime (Amendment) Bill 2010

REPUBLIC OF NAURU
20th Parliament

COUNTER TERRORISM AND TRANSNATIONAL ORGANISED CRIME (AMENDMENT) BILL 2010

Second Reading Speech
Hon Mathew Batsiua MP, Minister for Justice
18 November 2010

Mr Deputy Speaker,

I have introduced to the House today a Bill for an Act to amend the Counter Terrorism and Transnational Organised Crime Act 2004.

The Counter Terrorism and Transnational Organized Crime (Amendment) Bill 2010 is a short Bill that adds three additional conventions to the Schedule of the Act.

Mr Deputy Speaker, UN Security Council Resolution 1373, which is binding on UN member states, calls upon states to 'become Parties as soon as possible to the relevant international conventions and protocols relating to terrorism'.

Nauru has sought to comply with this resolution, and the enactment in 2004 of the Counter Terrorism and Transnational Organised Crime Act was a major part of Nauru's effort to fulfil its international obligations in relation to combatting terrorism.

The government has recently acceded to or ratified the three remaining anti-terrorism conventions to which we were not yet a party, namely:

1. Amendment to the 1980 Convention on the Physical Protection of Nuclear Material, adopted at Vienna on 8 July 2005;

2. Protocol to the 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, adopted in London on 14 October 2005; and

3. Protocol to the 1988 Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at London on 14 October 2005.

The purpose of adding these conventions to the Schedule of the Counter Terrorism and Transnational Organised Crime Act 2004 is to ensure that we are fully compliant with our international obligations in respect to countering terrorism in all its guises.
Adding these conventions to the Schedule of the Act will have the effect of bringing any act that constitutes an offence under one of those conventions within the scope of the definition of 'terrorist act' in the 2004 Act.

The definition of 'terrorist act' refers to acts or omissions that constitute offences under a counter terrorism convention, and 'counter terrorism convention' is defined as a convention listed in the Schedule.

The definition of terrorist act is also interrelated with the definition of 'terrorist group' (which includes an entity that has as one of its activities or purposes committing, or facilitating the commission of, a terrorist act') and 'terrorist property' (which includes, property that has been, is being, or is likely to be used to commit a terrorist act; or property that has been, is being, or is likely to be used by a terrorist group) – both of which are key terms used throughout the 2004 Act.

I commend the Bill to the House.

Thank you, Mr Deputy Speaker.