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Mutual Assistance in Criminal Matters (Amendment) Act 2012

REPUBLIC OF VANUATU
MUTUAL ASSISTANCE IN CRIMINAL MATTERS (AMENDMENT)

Act No.11 Of 2012

Arrangement of Sections

1 Amendment
2 Commencement

REPUBLIC OF VANUATU

Assent: 30/05/2012
Commencement : 31/07/2012

MUTUAL ASSISTANCE IN CRIMINAL MATTERS (AMENDMENT)
ACT NO.11 OF 2012

An Act to amend the Mutual Assistance in Criminal Matters Act [CAP 285].
Be it enacted by the President and Parliament as follows-

1 Amendment
The Mutual Assistance in Criminal Matters Act [CAP 285] is amended as set out in the Schedule.

2 Commencement
This Act commences on the day on which it is published in the Gazette.

SCHEDULE
AMENDMENTS OF THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT [CAP 285]

1. Paragraph 1 (b) (definition of “criminal matter”)
   

(a) After “offence;”; insert “or”
(b) After clause “(b)”; insert
“(c) the restraining or forfeiture of terrorist property;”

2. Section 1
   

Insert in its correct alphabetical position:
“”terrorist property” has the same meaning given to it under the Counter Terrorism and Transnational Organized Crime Act [CAP 313];”

3. subparagraph 40(1)(b)(ii)
   

(a) Delete “.”; insert “; or”
(b) After subparagraph (ii); insert
“(iii) in the case of terrorist property, that the property to which the request relates is the subject of a Court order in the foreign country.”

4. section 48
   

Repeal the section; substitute

“48. Requests for information gathering orders

(1) The Attorney General may direct an authorised officer to apply to the Court for:

(a) a production order under the Proceeds of Crime Act in connection with the offence to obtain possession of the property-tracking document; or

(b) a search warrant under the Proceeds of Crime Act for obtaining the property-tracking document.

(2) Subsection (1) applies if:

(a) a proceeding or investigation has commenced in a foreign country for a serious offence or terrorist property; and

(b) a property-tracking document connected with the offence is reasonably believed to be located in Vanuatu; and

(c) the foreign country requests the Attorney General to obtain the issue of:

(i) an order requiring the documents to be produced or made available for inspection under the law of Vanuatu; or

(ii) a search warrant for the documents.”