Counter Terrorism Act 2014

Link to law: http://www.palemene.ws/new/wp-content/uploads/01.Acts/Acts%202014/Counter-Terrorism-Act-2014-Eng.pdf

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rangement of Provisions

PART I
PRELIMINARY

1. Short title and
commencement
2. Interpretation
3. Definition of terrorist act

PART II
SPECIFIED ENTITIES

4. United Nations listed entities
to be specified entities
5. Declaration that certain
entities are specified entities
6. Variation or revocation of
declaration by the Prime
Minister
7. Review of declaration
8. Application to revoke
declaration
9. Procedure

PART III
OFFENCES

Division 1 - Terrorist acts
and terrorist groups

10. Harbouring of a person
committing a terrorist act
11. Provision of weapons to a
terrorist group
12. Participation in a terrorist group
13. Recruitment of a person to be a
member of a terrorist group or
to participate in a terrorist act
14. Terrorist bombing
15. Attempted terrorist bombing
16. Participation in a terrorist
bombing and unlawful
possession of an explosive, etc.

Division 2 - Hostage-taking

17. Hostage-taking
18. Attempted or participation in
hostage-taking

Division 3 - Crimes against
Internationally Protected Persons

19. Attack against an internationally
protected person
20. Unlawful entry of premises of
an internationally protected
person



2 Counter Terrorism 2014, No. 7
21. Attempted or participation in
attack against an
internationally protected
person
22. Threat of attack against an
internationally protected
person

Division 4 - Financing and
supporting terrorist acts

23. Terrorism financing
24. Attempted, participation,
etc., in financing and support
for terrorist acts
25. Provision of property or
services to a terrorist group
26. Dealing with terrorist
property

Division 5 - Unlawful
seizure of aircraft

27. Hijacking, attempted, etc.,
hijacking
28. Application of the Civil
Aviation Act 1998

Division 6 - Offences involving
nuclear and other materials

29. Unlawful movement of
nuclear material
30. Other unlawful acts relating
to nuclear material, including
attempt, participation and
threat
31. Application of Customs Act
1977

Division 7 - Unlawful movement
of unmarked plastic explosives

32. Plastic explosives
33. Power of entry
Division 8 - Crimes at an airport

34. Violence at an airport
35. Attempted violence at an airport

PART IV
MARITIME SAFETY

36. Seizure of a ship or fixed
platform
37. Use of nuclear, chemical or
other substances on a ship or
fixed platform
38. Arrest and delivery

PART V
MANAGEMENT AND
FORFEITURE OF PROPERTY
OF SPECIFIED ENTITIES

39. Application of this Part
40. Direction to take control of
property
41. Notice of direction
42. Variation, revocation, or expiry
of direction
43. Court may vary or revoke
direction
44. Procedures

PART VI
RESTRAINT AND
FORFEITURE OF
TERRORIST PROPERTY

45. Application of the Proceeds of
Crime Act 2007

PART VII
GENERAL POWERS

46. Controlled delivery of property



2014, No. 7 Counter Terrorism 3
47. Exchange of information
relating to terrorist groups
and terrorist acts
48. Detention of goods suspected
to be terrorist property
49. Further provisions regarding
detention under section 48
50. Return of goods detained
under section 48
51. Extension of 7 day period in
section 50
52. Custody of certain goods
detained under section 48
53. Offences in relation to
certain detained goods

PART VIII
CRIMINAL LIABILITY

54. Application of Part V of the
Crimes Act 2013
55. Liability of a company






PART IX
ARREST AND EXTRADITION
OF SUSPECTED FOREIGN
TERRORISTS
56. Application of this Part
57. Arrest and extradition of
suspected foreign nationals
58. Obligation to extradite or
prosecute

PART X
JURISDICTION

59. Jurisdiction
60. Consent of Attorney General

PART XI
MISCELLANEOUS

61. Power to establish a Committee
62. Regulations
63. Repeal, transitional and savings
64. Consequential amendments

SCHEDULE 1

__________

2014, No. 7

AN ACT to repeal the Prevention and Suppression of
Terrorism Act 2002 and to implement United Nations
Security Council Resolutions and Conventions dealing
with terrorism. [7th
April 2014]

BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:


4 Counter Terrorism 2014, No. 7

PART I
PRELIMINARY

1. Short title and commencement-(1) This Act may be cited
as the Counter Terrorism Act 2014.
(2) This Act commences on the date it is assented to by the
Head of State.

2. Interpretation - In this Act, unless the context otherwise
requires:
“act of violence” means any act or omission, whether
committed inside or outside Samoa that, if done or omitted
in Samoa would constitute an offence under the Crimes
Act 2013 involving bodily harm, grievous bodily harm or
the unlawful death of any person;
“Administrator” has the same meaning as in the Proceeds of
Crime Act 2007;
“aircraft” has the same meaning as in the Civil Aviation Act
1998;
“authorised officer” means:
(a) a commissioned officer of the Samoa Police Service;
or
(b) a Customs Officer; or
(c) any other person authorised in writing by the
Minister responsible for Police.
“Commissioner” means the Commissioner of the Samoa
Police Service;
“Commonwealth country” has the same meaning as in the
Extradition Act 1974;
“Convention” means any of the Conventions listed in
Schedule 1, dealing with terrorism;
“convention country” means, for the purpose of Part V of this
Act:
(a) a country that is a State Party to the Convention
for the Suppression of Unlawful Acts against the
Safety of Maritime Navigation, done at Rome on
10 March 1988; and
(b) a country that is a State Party to the Tokyo
Convention.


2014, No. 7 Counter Terrorism 5

“Court” means the Supreme Court of Samoa;
“duly authorised military device” include, but are not limited
to, shells, bomb, projectiles, mines, rockets, shaped
charges, grenades and perforators manufactured
exclusively for military or police purposes according to
the laws of Samoa;
“entity” means a person, group, undertaking, trust,
partnership, fund or an incorporated or unincorporated
association or organisation;
“exclusive economic zone” has the same meaning under the
Maritime Zones Act 1999;
“explosive” means explosive products, commonly known as
“plastic explosive”, including explosives in flexible or
elastic sheet form, as described in the Technical Annex to
the Plastic Explosives Convention;
“explosive or other lethal device” means:
(a) an explosive or other incendiary weapon or device that
is designed or has the capability to cause death,
serious bodily injury or substantial material
damage; or
(b) a weapon or device that is designed or has the
capability to cause death, serious bodily injury or
substantial material damage through the release,
dissemination or impact of toxic chemicals,
biological agents, toxins or similar substances or
radiation or radioactive materials.
“fixed platform” means an artificial island, installation or
structure permanently attached to the sea-bed for the
purpose of exploration or exploitation of resources or for
other economic purposes;
“foreign country” has the same meaning as in the Extradition
Act 1974;
“forfeiture order” has the same meaning under the Proceeds of
Crime Act 2007;
“funds” means assets of every kind, whether tangible or
intangible, movable or immovable, however acquired, and
legal documents or instruments in any form, including
electronic or digital, evidencing title to or interest in, such
assets, including but not limited to, bank credits, travelers


6 Counter Terrorism 2014, No. 7

cheques, bank cheques, money orders, shares, securities,
bonds, drafts and letters of credit;
“Government of Samoa” means the Government of the
Independent State of Samoa;
“infrastructure facility” means any publicly or privately
owned facility providing or distributing services for the
benefit of the public, including water, sewage, energy, fuel
or communications, and financial transactions;
“International Atomic Energy Agency” means the United
Nations agency that was established on 29 July 1957
which seeks to promote the peaceful use of nuclear
energy, and to inhibit its use for any military purpose,
including nuclear weapons, and reports to both the United
Nations General Assembly and Security Council;
“international nuclear transport” means the carriage of a
consignment of nuclear material by any means of
transportation intended to go beyond the territory of the
State where the shipment originates:
(a) beginning with the departure from a facility of the
shipper in that State; and
(b) ending with the arrival at a facility of the receiver
within the State of ultimate destination.
“international organisation” means any organisation of a State
or Government of a State or any organ or agency of any
organisation of that kind;
“internationally protected person” means:
(a) a Head of State (including any member of a collegial
body performing the functions of a Head of State
under the constitution of the State concerned);
(b) a Head of Government or a Minister responsible for
foreign affairs, wherever any such person is in a
foreign State, as well as members of his family
who accompany him;
(c) any representative or official of a State or any official
or other agent of an international organisation of an
inter-governmental character who, when and where
a crime against the person or the person‟s official
premises, private accommodation or his means of


2014, No. 7 Counter Terrorism 7

transport is committed, is entitled under
international law to special protection from attack
on the person‟s freedom or dignity, as well as
members of his family forming part of that
person‟s household.
“manufacture” means any process, including reprocessing,
that produces explosives;
“nuclear facility” means:
(a) any nuclear reactor, including reactors installed on
vessels, vehicles, aircraft (whether or not used for
military, customs or police services) or space
objects for use as an energy source in order to
propel the vessels, vehicles, aircraft or space
objects for any other purpose; or
(b) any plant or convenience being used for the
production, storage or processing or transport of
radioactive material.
“nuclear material” means any of the following:
(a) plutonium with an isotopic concentration of not more
than 80% in plutonium-238;
(b) uranium-233;
(c) uranium containing uranium-233 or uranium-235 or
both;
(d) uranium with a naturally occurring isotopic
concentration, other than uranium in the form of
ore or ore residue;
(e) any material containing one (1) or more of the
foregoing.
“Nuclear Material Convention” means the Convention for the
Physical Protection of Nuclear Material, done at Vienna
and New York on 3 March 1980;
“place of public use” means those parts of any building, land,
road, waterway or other location that are accessible or
open to members of the public, whether continuously,
periodically or occasionally whether or not on payment of
a fee or otherwise, and encompasses any commercial,
business, cultural, historical, educational, religious,
governmental, entertainment, recreational or similar place
that is so accessible or open to the public;


8 Counter Terrorism 2014, No. 7

“plastic explosive” means an explosive that:
(a) is formulated with one (1) or more high explosives that
in their pure form have a vapour pressure less than
10-4 Pa at a temperature of 25ºC; and
(b) is formulated with a binder material; and
(c) is, when mixed, malleable or flexible at normal room
temperature.
“Plastic Explosives Convention” means the Convention on the
Marking of Plastic Explosives for the Purpose of
Identification, done at Montreal on 1 March 1991;
“property” has the same meaning as given by the Proceeds of
Crime Act 2007;
“public transportation system” means all facilities,
conveyances and instrumentalities, whether publicly or
privately owned, that are used in or for publicly available
services for the transportation of persons or cargo;
“radioactive device means:
(a) any nuclear explosive device; or
(b) any radioactive material dispersal or radiation-emitting
device which may, owing to its radiological
properties, cause death, bodily injury to persons or
substantial damage to property or to the
environment.
“radioactive material” means nuclear material and other
radioactive substances which contain nuclides which
undergo spontaneous disintegration (a process
accompanied by emission of one (1) or more types of
ionising radiation, such as alpha-, beta-, neutron particles
and gamma rays) and which may, owing to their
radiological or fissile properties, cause death, bodily injury
to persons or substantial damage to property or to the
environment;
“Samoan-controlled aircraft” means an aircraft that is
registered in Samoa;
“Ship” means any vessel of any type whatsoever (other than a
warship) not permanently attached to the sea-bed,
including dynamically supported craft, submersibles, or
any other floating craft;


2014, No. 7 Counter Terrorism 9

“specified entity” means an individual or entity:
(a) that is listed by the United Nations Security Council as
described in section 4; or
(b) declared as such under section 5.
“State or Government facility” includes any permanent or
temporary facility or conveyance that is used or occupied
by representatives of a State, members of Government, the
legislature or the judiciary or by officials or employees
of a State or any other public authority or entity
or by employees or officials of an intergovernmental
organisation in connection with their official duties;
“terrorist act” has the meaning given by section 3;
“terrorist group” means:
(a) an entity that has as one of its activities or
purposes planning, committing, or facilitating the
commission of, a terrorist act; or
(b) a specified entity.
“terrorist property” means:
(a) property that has been, is being, or is likely to be used -
(i) to commit a terrorist act; or
(ii) by a terrorist group; or
(b) property owned or controlled, or derived or generated
from property owned or controlled, by or on behalf
of a specified entity.
“third party” for sections 17 to 18A, means a State, an
international or inter-governmental organisation or any
other person;
“Tokyo Convention” means the Convention on Offences and
Certain Other Acts Committed on Board Aircraft, done at
Tokyo on 14 September 1963;
“weapon” includes a firearm, and a chemical, biological or
nuclear weapon.

3. Definition of terrorist act-(1) In this Act, “terrorist act”
means:
(a) an act or omission committed in or out of Samoa, that -
(i) constitutes an offence under this Act; or
(ii) endangers a person‟s life, physical
integrity or freedom; or


10 Counter Terrorism 2014, No. 7

(iii) causes serious injury or death to a
person or any number or group of persons; or
(iv) creates a serious risk to the health or
safety of the public or a section of the public;
or
(v) causes or may cause damage to public
or private property, natural resources,
environmental or cultural heritage; or
(vi) involves the use of weapons; or
(vii) involves introducing into the
environment, or distributing or exposing the
public to any:
(A) dangerous, hazardous, radioactive or
harmful substance; or
(B) toxic chemical; or
(C) microbial or other biological agent or
toxin; or
(viii) involves serious disruption to any
system or the provision of services directly
related to essential infrastructure; and
(ix) is intended, or, by its nature and
context, is reasonably to be regarded as being
intended:
(A) to intimidate the public or a section of
the public; or
(B) to compel a Government or an
international organisation to do, or
refrain from doing, any act; or
(b) any promotion, sponsoring, contribution to, command,
aid, incitement, encouragement, attempt, threat,
conspiracy, organising, or procurement of any
person, to commit any act referred to in paragraph
(a)(i) to (ix).
(2) An act or omission mentioned in subsection (1) does not
include an act or omission that:
(a) is committed as part of an advocacy, protest,
demonstration, dissent or industrial action and is
not intended to result in any harm mentioned in
subsection (1)(a)(i) to (ix); or


2014, No. 7 Counter Terrorism 11

(b) occurs in a situation of armed conflict and is, at the
time and in the place it occurred, in accordance
with rules of international law applicable to the
conflict.

PART II
SPECIFIED ENTITIES

4. United Nations list of specified entities-(1) An entity to
which this section applies is an entity specified or designated
under subsection (2) or (4).
(2) The entities listed in the Consolidated List of Individuals
and Entities belonging to or associated with the Taliban and
Al-Qaida Organisations as established and maintained by the
United Nations Security Council are deemed to be specified
entities for the purpose of this Act.
(3) The Prime Minister must make available to the public an
up to date Consolidated List of Individuals and Entities belonging
to or associated with the Taliban and Al-Qaida Organisations.
(4) A copy of the Consolidated List of the United Nations
terrorist entities prepared and certified by the Minister responsible
for Foreign Affairs is deemed to be prima facie evidence that the
list is a correct list of entities designated by the United Nations
Security Council as terrorist entities.

5. Declaration of certain entities as specified entities-(1)
This section applies to a group or individual, other than an entity
to which section 4 applies.
(2) In relation to a group or individual to which this section
applies, if the Prime Minister has reasonable grounds to believe
that:
(a) the group or individual has committed, attempted to
commit, participated in committing or facilitated
the commission of a terrorist act; or
(b) the group or individual is acting on behalf of, at the
direction of or in association with a group or
individual mentioned in paragraph (a); or


12 Counter Terrorism 2014, No. 7

(c) the group (other than an individual) is wholly owned or
effectively controlled, directly or indirectly, by the
group mentioned in paragraph (a) or (b),
the Prime Minister after consulting the Attorney General and the
Commissioner may declare the group or the individual as a
specified entity.
(3) The declaration under subsection (2) must be published in
the Savali (including one other newspaper circulating in Samoa)
within three (3) days of its making.

6. Variation or revocation of declaration by the Prime
Minister-(1) The Prime Minister may, on own initiative or on
written request by the Attorney General or any specified entity,
vary or revoke a declaration made under section 5.
(2) The declaration under subsection (1) must be published in
the Savali (including one other newspaper circulating in Samoa)
within three (3) days of its making.

7. Review of declaration-(1) The Attorney General must,
whenever necessary, review any declarations made under section
5 to determine whether the declaration should continue to apply.
(2) If the Attorney General determines that there are no
reasonable grounds for a declaration to continue to apply to a
specified entity, the Attorney General must, as soon as
practicable, make a written request to the Prime Minister for the
revocation of the declaration relating to the specified entity.

8. Application to revoke declaration-(1) A group or
individual to which section 5 applies may apply to the court to
revoke the declaration.
(2) The application must be served on the Attorney General.
(3) When determining the application, the Court may:
(a) dismiss the application if it is satisfied that matters in
section 5(2) still exists; or
(b) revoke the declaration if satisfied that there are
reasonable grounds to revoke the declaration.
(4) If the Court revokes a declaration, the Attorney General
must publish notice of the revocation in the Savali (including one
other newspaper circulating in Samoa).


2014, No. 7 Counter Terrorism 13

(5) An entity to which section 4 applies may apply to the
Court for an order to declare it an entity to which section 4 does
not apply.
(6) The application under subsection (5) must be served on the
Attorney General to appear and be heard on the application.
(7) When considering the application, the Court may make an
order if satisfied that there are no reasonable grounds to believe
that the applicant is an entity to which section 4 applies.

9. Procedure-(1) Upon hearing an application under section
8, the Court may:
(a) receive in evidence anything that would not otherwise
be admissible as evidence (including information
from the Government or institution or agency of a
foreign country or an international organisation),
that the Court thinks is reliable and relevant; and
(b) appoint an amicus curiae to assist the Court.
(2) The Court must if subsection (1)(a) applies, give the entity
a statement summarising the information available to the Court,
without disclosing any information that the Court thinks could
prejudice national security or endanger the safety of any person.

PART III
OFFENCES

Division 1 - Terrorist acts
and terrorist groups

10. Harbouring of a person committing a terrorist
act-(1) A person commits an offence who harbours, or conceals,
or prevents, hinders or interferes with the apprehension of, any
other person, having reason to believe that the other person:
(a) has committed or is planning or likely to commit a
terrorist act; or
(b) is a member of a terrorist group.
(2) A person who is convicted of an offence under subsection
(1) is liable to imprisonment for a term not exceeding 15 years.


14 Counter Terrorism 2014, No. 7

11. Provision of weapons to a terrorist group-(1) A person
commits an offence who provides, or offers to provide a weapon
to:
(a) a terrorist group; or
(b) a member of a terrorist group; or
(c) any other person for use by, or for the benefit of, a
terrorist group or a member of a terrorist group.
(2) A person convicted of an offence under subsection (1) is
liable to imprisonment for a term not exceeding 15 years.

12. Participation in a terrorist group-(1) A person who
participates as a member, associate member or prospective
member in a terrorist group which they have reason to believe is a
terrorist group commits an offence.
(2) A person convicted of an offence under subsection (1) is
liable to imprisonment for a term not exceeding 15 years.

13. Recruitment of a person to be a member of a terrorist
group or to participate in a terrorist act-(1) A person commits
an offence who agrees to recruit, or recruits, another person:
(a) to be a member of a terrorist group; or
(b) to participate in the commission of a terrorist act.
(2) A person convicted of an offence under subsection (1) is
liable to imprisonment for a term not exceeding 15 years.

14. Terrorist bombing-(1) A person commits an offence who
delivers, places, discharges or detonates an explosive or other
lethal device, into or against a place of public use, a State or
Government facility, a public transportation system or an
infrastructure facility causing:
(a) death; or
(b) bodily injury; or
(c) damage to such a place, facility or system; or
(d) public alarm, fear or panic.
(2) A person convicted of an offence under:
(a) subsection (1)(a) must be sentenced to life
imprisonment; or
(b) subsection (1)(b), (c) or (d) is liable to imprisonment
for a term not exceeding 15 years.


2014, No. 7 Counter Terrorism 15

15. Attempted terrorist bombing-(1) A person commits an
offence who, delivers, places, discharges or detonates an
explosive or other lethal device, into or against a place of public
use, a State or Government facility, a public transportation system
or an infrastructure facility to cause:
(a) death; or
(b) bodily injury; or
(c) damage to such a place, facility or system; or
(d) public alarm, fear or panic.
(2) A person convicted of an offence under:
(a) subsection (1)(a) is liable to imprisonment for life; or
(b) subsection (1)(b), (c) or (d) is liable to imprisonment
for a term not exceeding 12 years.

16. Participation in a terrorist bombing and unlawful possession of an explosive, etc.-(1) A person commits an offence
who participates as a party to, organizes or directs others to
participate in, or in any other way contributes to, delivering,
placing, discharging or detonating an explosive or other lethal
device, into or against a place of public use, a State or
Government facility, a public transportation system or an
infrastructure facility:
(a) causing -
(i) death; or
(ii) bodily injury, damage to such a place,
facility or system, or public alarm, fear or
panic; or
(b) to cause -
(i) death; or
(ii) bodily injury, damage to such a place,
facility or system, or public alarm, fear or
panic.
(2) A person convicted of an offence under:
(a) subsection (1)(a)(i) must be sentenced to imprisonment
for life; or
(b) subsection (1)(b)(i) is liable to imprisonment for life;
or
(c) subsection (1)(a)(ii) is liable to imprisonment for a
term not exceeding 15 years; or


16 Counter Terrorism 2014, No. 7

(d) subsection (1)(b)(ii) is liable to imprisonment for a
term not exceeding 12 years.
(3) In this section, „participates‟ includes transporting or
carrying or wearing of a package, bag, container receptacle or
thing that contains an explosive, other lethal device or weapon.
(4) It is a defence for any person charged under this section to
prove to the Court that he or she did not suspect that he or she was
transporting or carrying an explosive or other lethal device.
(5) The commission of an offence under this section or section
14 or 15, in particular where it is intended or calculated to
provoke a state of terror in the general public or in a group of
persons or particular persons, are under no circumstances
justifiable by considerations of a political, philosophical,
ideological, racial, ethnic, religious or other factors of a similar
nature.
(6) A person who unlawfully possesses or attempts to obtain
possession of, an explosive or other lethal device to commit an
offence under this section or section 14 or 15, commits an offence
and is liable upon conviction to imprisonment not exceeding 12
years.

Division 2 - Hostage-taking

17. Hostage-taking-(1) A person commits an offence who
seizes, detains or threatens to kill, to injure or to continue to
detain another person (“hostage”) in order to compel a third party,
to do or abstain from doing an act as an explicit or implicit
condition for the release of the hostage.
(2) A person convicted of an offence under subsection (1) is
liable to imprisonment for a term not exceeding 15 years.

18. Attempted or participation in hostage-taking-(1) A
person commits an offence who attempts to seize, detain or injure
the hostage in order to compel a third party, to do or abstain from
doing an act as an explicit or implicit condition for the release of
the hostage.
(2) A person convicted of an offence under subsection (1) is
liable to imprisonment for a term not exceeding 12 years.


2014, No. 7 Counter Terrorism 17

(3) A person commits an offence who participates as a party
to, organises or directs others to participate in, or in any other way
contributes to:
(a) the seizure, detention or injury of the hostage; or
(b) attempted seizure, detention or injury of the hostage,
in order to compel a third party, to do or abstain from doing an act
as an explicit or implicit condition for the release of the hostage.
(4) A person convicted of an offence under:
(a) subsection (3)(a) is liable upon conviction to
imprisonment for a term not exceeding 15 years; or
(b) subsection (3)(b) is liable to imprisonment for a term
not exceeding 12 years.

Division 3 - Crimes against
Internationally Protected Persons

19. Attack against an internationally protected
person-(1) A person commits an offence who:
(a) murders; or
(b) kidnaps; or
(c) assaults or otherwise attacks,
an internationally protected person.
(2) A person convicted of an offence under:
(a) subsection (1)(a), must be sentenced to imprisonment
for life; or
(b) subsection (1)(b) or (c), is liable to imprisonment for a
term not exceeding 15 years.

20. Unlawful entry of premises of an internationally
protected person-(1) A person who unlawfully enters the official
premises or private accommodation or the means of transport of
an internationally protected person with intent to commit an
offence under this Act or without lawful justification for his or her
presence there, commits an offence.
(2) A person convicted of an offence under subsection (1) is
liable to imprisonment for a term not exceeding three (3) years.


18 Counter Terrorism 2014, No. 7

21. Attempted or participation in attack against an
internationally protected person-(1) A person commits an
offence who attempts to:
(a) murder; or
(b) kidnap, assault or attack,
an internationally protected person.
(2) A person convicted of an offence under:
(a) subsection (1)(a) is liable to imprisonment for life; or
(b) subsection (1)(b) is liable to imprisonment for a term
not exceeding 12 years.
(3) A person commits an offence who participates as a party
to, organises or directs others to participate in, or in any other way
contributes to the:
(a) murder; or
(b) kidnap, assault or attack; or
(c) attempted murder; or
(d) attempted kidnap, assault or attack,
against an internationally protected person.
(4) A person who is convicted under:
(a) subsection (3)(a) must be sentenced to imprisonment
for life; or
(b) subsection (3)(c) is liable to imprisonment for life; or
(c) subsection (3)(b) or (d) is liable to imprisonment for a
term not exceeding 12 years.

22. Threat of attack against an internationally protected
person-(1) A person who threatens to commit an offence under
section 19 or 20 commits an offence.
(2) A person convicted of an offence under subsection (1) is
liable to imprisonment for a term not exceeding five (5) years.

Division 4 - Financing and
supporting terrorist acts

23. Terrorism financing-(1) A person commits an offence
who provides or collects property or funds:
(a) to carry out a terrorist act or for the benefit of a
specified entity; or


2014, No. 7 Counter Terrorism 19

(b) to carry out any other act causing -
(i) death; or
(ii) bodily injury,
to any person not taking part in the hostilities in a situation of
armed conflict, when the purpose of such act, by its nature or
context, is to intimidate a population, or to compel a Government
or an international organisation to do or abstain from doing any
act.
(2) A person convicted of an offence under:
(a) subsection (1)(b)(i) must be sentenced to imprisonment
for life; or
(b) subsection (1)(a) or (b)(ii) is liable to a fine not
exceeding 1,000 penalty units or to imprisonment
for a term not exceeding 15 years, or both.
(3) In a prosecution for an offence against subsection (1), it is
not necessary for the prosecution to prove that the property or
funds collected or provided was actually used, in full or in part, to
carry out a terrorist act.
(4) In this section, “provide” or “collect” means to provide or
collect by any means, directly or indirectly, in full or in part.

24. Attempted, participation, etc., in financing and support
for terrorist acts-(1) A person commits an offence who attempts
to provide or collect any property or funds:
(a) to carry out a terrorist act or for the benefit of a
specified entity; or
(b) to carry out any other act to cause -
(i) death; or
(ii) bodily injury,
to any person not taking part in the hostilities in a situation of
armed conflict, when the purpose of such act, by its nature or
context, is to intimidate a population, or to compel a Government
or an international organisation to do or to abstain from doing any
act.
(2) A person convicted of an offence under:
(a) subsection (1)(b)(i) is liable to imprisonment for life;
or


20 Counter Terrorism 2014, No. 7

(b) subsection (1)(a) or (b)(ii) is liable to a fine not
exceeding 750 penalty units or to imprisonment for
a term not exceeding 12 years, or both.
(3) A person commits an offence who participates as a party
to, organises or directs others to participate in, or in any other way
contributes to, providing or collecting property or funds:
(a) to carry out a terrorist act or for the benefit of a
specified entity; or
(b) to carry out any other act -
(i) causing:
(A) death; or
(B) bodily injury; or
(ii) to cause:
(A) death; or
(B) bodily injury,
to any person not taking part in the hostilities in a situation of
armed conflict, when the purpose of such act, by its nature or
context, is to intimidate a population, or to compel a Government
or an international organisation to do or to abstain from doing any
act.
(4) A person convicted of an offence under:
(a) subsection (3)(b)(i)(A) must be sentenced to
imprisonment for life; or
(b) subsection (3)(a) and (b)(i)(B) is liable to a fine not
exceeding 1,000 penalty units or to imprisonment
for a term not exceeding 15 years, or both; or
(c) subsection (3)(b)(ii)(A) is liable to imprisonment for
life; or
(d) subsection (3)(b)(ii)(B) is liable to a fine not exceeding
750 penalty units or to imprisonment for a term not
exceeding 12 years, or both.

25. Provision of property or services to a terrorist
group-(1) A person who, either directly or indirectly, makes
available property or financial or other related services to, or for
the benefit of, a terrorist group, commits an offence.
(2) A person convicted of an offence under subsection (1) is
liable to a fine not exceeding 1,000 penalty units or to
imprisonment for a term not exceeding 15 years, or both.


2014, No. 7 Counter Terrorism 21

(3) In this section “make available” means to make available
by any means, directly or indirectly, in full or in part.

26. Dealing with terrorist property-(1) A person commits an
offence who:
(a) deals, either directly or indirectly, in any terrorist
property; or
(b) collects, acquires or possesses terrorist property; or
(c) enters into, or facilitates, directly or indirectly, any
transaction in respect of terrorist property; or
(d) converts, conceals or disguises terrorist property.
(2) A person convicted of an offence under this section is
liable to a fine not exceeding 1,000 penalty units or to
imprisonment for a term not exceeding 15 years, or both.
(3) A person does not commit an offence under subsection (1)
if the person:
(a) informs the Attorney General, in writing, as soon as the
person becomes aware that the property is terrorist
property; and
(b) acts in accordance with all reasonable directions of the
Attorney General in relation to property or
financial services.
(4) In this section, “deal” means to deal by any means,
directly or indirectly, in full or in part.

Division 5 - Unlawful
seizure of aircraft

27. Hijacking and attempted, etc., hijacking-(1) A person
on board an aircraft in flight, who uses force or threats of any
kind, to seize or exercise control of the aircraft, commits an
offence.
(2) Proceedings may be brought for an offence under this
section if:
(a) the offence is committed on board an aircraft registered
in Samoa; or
(b) the aircraft on board which the offence is committed
lands in Samoa‟s territory and the alleged offender
is on board; or


22 Counter Terrorism 2014, No. 7

(c) the offence is committed on board an aircraft leased
without crew to a lessee who has his or her
principal place of business in Samoa or, if the
lessee has no principal place of business in Samoa,
or if the lessee is a permanent resident of Samoa.
(3) A person on board an aircraft in flight, who attempts to
seize or exercise control of the aircraft (by use force or threats of
any kind), commits an offence.
(4) A person who threatens to commit an offence under
section 27, commits an offence.
(5) A person commits an offence who participates as a party
to, organises or directs others to participate in, or in any other way
contributes to:
(a) seizing or exercising control of the aircraft (by use
force or threats of any kind); or
(b) the attempted seizing or exercise of control of the
aircraft (by use force or threats of any kind).
(6) A person who commits an offence under:
(a) subsection (1) or (5)(a) is liable to imprisonment for a
term not exceeding 15 years; or
(b) subsection (3), (4) or (5)(b) is liable to imprisonment
for a term not exceeding 12 years.

28. Application of the Civil Aviation Act 1998 - The powers
of an aircraft commander under the Civil Aviation Act 1998
relating to crimes on aircraft must extend and apply with respect
to the offence of hijacking under this Act as if such offence is an
offence under the Civil Aviation Act 1998.

Division 6 - Offences involving
nuclear and other materials

29. Unlawful movement of nuclear material-(1) A person
who unlawfully imports nuclear material into, or exports nuclear
material out of Samoa, or otherwise transports nuclear material
within or through Samoa, including its airspace or its exclusive
economic zone, without the prior written consent of the
Comptroller of Customs commits an offence.


2014, No. 7 Counter Terrorism 23

(2) A person convicted of an offence under subsection (1) is
liable to imprisonment for a term not exceeding 15 years.
(3) A person who makes a false or misleading statement with
the intention of obtaining the consent of the Comptroller of
Customs required under this section commits an offence.
(4) A person convicted of an offence under subsection (3) is
liable to a fine not exceeding 1,000 penalty units or to
imprisonment for a term not exceeding 15 years, or both.
(5) The Comptroller of Customs may only provide written
consent under this section with the approval of the Minister
responsible for Customs, and if satisfied that any nuclear material
will, during international nuclear transport, be protected at the
levels specified in the Nuclear Materials Convention.

30. Other unlawful acts relating to nuclear material,
including attempt, participation and threat-(1) A person
commits an offence who:
(a) without lawful authority knowingly receives,
possesses, uses, transfers, alters, disposes of or
disperses nuclear material causing -
(i) death to a person; or
(ii) serious injury to a person or substantial
damage to property or to the environment; or
(b) steals nuclear material; or
(c) embezzles or fraudulently obtains nuclear material; or
(d) without lawful authority commits an act against a
nuclear facility or interferes with a nuclear facility
causing -
(i) death to a person; or
(ii) serious injury to a person or substantial
damage to property or to the environment.
(2) A person commits an offence who:
(a) without lawful authority knowingly receives,
possesses, uses, transfers, alters, disposes of or
disperses nuclear material to cause -
(i) death to a person; or
(ii) serious injury to a person or substantial
damage to property or to the environment; or
(b) attempts to steal nuclear material; or


24 Counter Terrorism 2014, No. 7

(c) attempts to embezzle or fraudulently obtains nuclear
material; or
(d) without lawful authority commits an act against a
nuclear facility or interferes with a nuclear facility
to cause -
(i) death to a person; or
(ii) serious injury to a person or substantial
damage to property or to the environment.
(3) A person commits offence who participates as a party to,
organises or directs others to participate in, or in any other way
contributes to nuclear terrorism:
(a) causing -
(i) death; or
(ii) serious injury to a person or substantial
damage to property or to the environment; or
(b) to cause -
(i) death; or
(ii) serious injury to a person or substantial
damage to property or to the environment.
(4) A contribution made under this section must be intentional
and either be made with the aim of furthering the general criminal
activity or purpose of the group or be made in the knowledge of
the intention of the group to commit the offence concerned.
(5) A person commits an offence who:
(a) uses a threat or force or any other form of intimidation
to demand nuclear material, supply of radioactive
material or a radioactive device or for a nuclear
facility to be made available or for access to a
nuclear facility;
(b) threatens -
(i) to use nuclear material to cause:
(A) death to any person; or
(B) serious injury to any person or
substantial damage to any property
or to the environment; or
(ii) to steal nuclear material to compel a
person, State or an international organisation to
do or refrain from doing any act; or


2014, No. 7 Counter Terrorism 25

(c) threatens to commit an act against a nuclear facility,
interferes with, uses or damages a nuclear facility,
or increases the risk of a release of radioactive
material, to cause -
(i) death to a person; or
(ii) serious injury to a person or substantial
damage to property or to the environment; or
(iii) to compel a person, State or an
international organisation to do or refrain from
doing any act.
(6) A threat referred to in subsection (5) must be made in
circumstances which would cause a reasonable person to believe
that the threat was real.
(7) A person convicted of an offence:
(a) under subsection (1)(a)(i) or (d)(i) or (3)(a)(i) must be
sentenced to imprisonment for life; or
(b) under subsection (3)(b)(i) is liable upon conviction to
imprisonment for life; or
(c) under subsection (1)(a)(ii), (b), (c), (d)(ii), (2) or
(3)(a)(ii) or (b)(ii), is liable to imprisonment for a
term not exceeding 25 years; or
(d) under subsection (5) is liable to imprisonment for a
term not exceeding five (5) years.

31. Application of Customs Act 1977 - The provisions of the
Customs Act 1977 dealing with prohibited imports and exports,
except the penalties for offences under that Act, apply to nuclear
material and other material whose importation and exportation is
prohibited under this Act in all respects as if they were prohibited
imports or exports under the Customs Act 1977.

Division 7 - Unlawful movement
of unmarked plastic explosives

32. Plastic explosives-(1) A person commits an offence who:
(a) manufactures unmarked plastic explosives, knowing
that they are unmarked; or


26 Counter Terrorism 2014, No. 7

(b) possesses, transports, or imports into, or exports
unmarked plastic explosives, into or out of Samoa
knowing that they are unmarked; or
(c) uses or diverts unmarked plastic explosives for
purposes inconsistent with this Act.
(2) A person convicted of an offence under subsection (1) is
liable to a fine not exceeding 1,000 penalty units or to
imprisonment for a term not exceeding 10 years, or both.
(3) A person does not commit an offence under this section if:
(a) the person manufactures or holds, possesses or
transports unmarked plastic explosives in a
quantity approved in writing by the Commissioner
solely for use -
(i) in research, development or testing of
new or modified explosives; or
(ii) in training in explosives detection; or
(iii) in the development or testing of
explosives detection equipment; or
(iv) for forensic science purposes; or
(b) the unmarked plastic explosives are destined to be, and
are incorporated as, an integral part of duly
authorised military devices in Samoa within three
(3) years after the coming into force of the Plastic
Explosives Convention in Samoa.

33. Power of entry-(1) An officer authorised in writing by
Commissioner may enter any premises where the officer has
reasonable grounds to believe that explosives are being
manufactured, kept or stored and do any of the following:
(a) investigate and make inquiries on the premises to find
out whether an offence under section 30 is being
committed;
(b) inspect any records, documents or equipment found on
the premises;
(c) take copies of, or extracts from, the records or
documents; or
(d) remove any explosives found to be manufactured, kept
or stored on the premises.


2014, No. 7 Counter Terrorism 27

(2) A person commits an offence who:
(a) resists or obstructs an officer authorised under
subsection (1) from exercising the powers
mentioned in subsection (1); or
(b) knowingly gives false information in response to an
inquiry under subsection (1); or
(c) suppresses any material information in response to an
inquiry under subsection (1).
(3) A person convicted of an offence under subsection (2) is
liable upon conviction to a fine not exceeding 200 penalty units or
to a term of imprisonment not exceeding two (2) years, or both.
Division 8 - Crimes at an airport
34. Violence at an airport-(1) A person commits an offence
who unlawfully and intentionally, uses any device, substance or
weapon, that endangers or is likely to endanger safety at the
airport:
(a) by performing an act of violence against a person at an
airport serving international civil aviation causing -
(i) serious injury to a person; or
(ii) death to a person; or
(b) by threatening to perform an act of violence against a
person at an airport serving international civil
aviation causing -
(i) serious injury to a person; or
(ii) death to a person; or
(c) by destroying or seriously damaging the facilities of an
airport or airport serving an international civil
aviation or aircraft not in service located thereon;
or
(d) by disrupting the services of an airport.
(2) A person convicted of an offence under:
(a) subsection (1)(a)(i), (b)(i), (c) or (d) is liable to
imprisonment for a term not exceeding 12 years; or
(b) subsection (1)(a)(ii) and (b)(ii) must be sentenced to
imprisonment for life.


28 Counter Terrorism 2014, No. 7

35. Attempted violence at an airport-(1) A person commits
an offence who unlawfully and intentionally, uses any device,
substance or weapon, that endangers or is likely to endanger
safety at the airport:
(a) by performing an act of violence against a person at
an airport serving international civil aviation to
cause -
(i) serious injury to a person; or
(ii) death to a person; or
(b) by threatening to perform an act of violence against a
person at an airport serving international civil
aviation to cause -
(i) serious injury to a person; or
(ii) death to a person; or
(c) by attempting to destroy or seriously damage the
facilities of an airport or airport serving an
international civil aviation or aircraft not in service
located thereon; or
(d) by attempting to disrupt the services of an airport.
(2) A person convicted of an offence under:
(a) subsection (1)(a)(i), (b)(i), (c) or (d) is liable to
imprisonment for a term not exceeding seven (7)
years; or
(b) subsection (1)(a)(ii) or (b)(ii) is liable to imprisonment
for life.

PART IV
MARITIME SAFETY

36. Seizure of a ship or fixed platform-(1) A person
commits an offence who unlawfully and intentionally:
(a) seizes, or exercises control over, a ship or fixed
platform by force or threat of force or other form
of intimidation; or
(b) commits or performs an act of violence against a
person on board a ship or fixed platform, that is
likely to endanger the safe navigation of the ship or
safety of the fixed platform; or
(c) destroys a ship or fixed platform; or


2014, No. 7 Counter Terrorism 29

(d) cause damages, to a ship or its cargo or a fixed
platform, that is, likely to endanger the safe
navigation of the ship or safety of the fixed
platform; or
(e) places or causes to be placed, on a ship or fixed
platform, a device or substance, likely -
(i) for a ship, to destroy the ship, or to
cause damage to the ship or its cargo, or likely
to endanger the safe navigation of the ship; or
(ii) for a fixed platform, to destroy the fixed
platform or to endanger its safety; or
(f) destroys or seriously damages maritime navigational
facilities or seriously interferes with their operation
in a way that is likely to endanger the safe
navigation of a ship; or
(g) communicates information, that he or she knows to be
false, endangering the safe navigation of a ship; or
(h) injures any person in connection with the commission,
or attempted commission, of an offence mentioned
in paragraph (a), (b), (c), (d), (e), (f) or (g); or
(i) by compelling another person to do or to refrain from
doing any act, threaten to commit any of the acts
described in relation to a ship or fixed platform, if
such threats are likely to endanger the safety of the
ship or fixed platform or any person thereon; or
(j) attempts or threatens to commit or assist or is a party to
the commission of, any of the acts in paragraphs
(a) to (i); or
(k) kills any person in connection with the commission, or
attempted commission, of an offence mentioned in
paragraph (a), (b), (c), (d), (e), (f) or (g).
(2) Any person convicted of an offence under:
(a) subsection (1)(a) to (j), is liable to imprisonment for a
term not exceeding 15 years; or


30 Counter Terrorism 2014, No. 7

(b) subsection (1)(k), is liable to imprisonment for life.

37. Use of nuclear, chemical or other substances on a ship
or fixed platform-(1) A person commits an offence who
unlawfully and intentionally:
(a) intimidates a population or compels a Government or
international organization to do or to refrain from
doing any act -
(i) uses against or on or discharges from a
fixed platform or ship any nuclear, chemical or
biological weapon or radioactive or nuclear
material in a manner that causes or is likely to
cause:
(A) death to a person; or
(B) serious injury to a person or
damage; or
(ii) discharges from a fixed platform or ship
oil, liquefied natural gas, or other hazardous or
noxious substance, which is not covered by
paragraph (a)(i) in such quantity or
concentration that causes or is likely to cause:
(A) death to a person; or
(B) serious injury to a person or
damage; or
(iii) uses a ship in a manner that causes:
(A) death to a person; or
(B) serious injury to a person or
damage; or
(iv) threatens to commit an offence in
paragraphs (a)(i), (ii) or (iii); or
(b) transports on a ship -
(i) any explosive or radioactive material
knowing that it is intended to cause or
threatened to be used to cause:
(A) death to a person; or
(B) injury to a person or to damage,
with the intention to intimidate a population or compel a
Government or international organization to do or refrain from
doing an act;


2014, No. 7 Counter Terrorism 31

(ii) any nuclear, chemical or biological
weapon;
(iii) any source material, special fissionable
material, or equipment or material especially
designed or prepared for the processing, use or
production of special fissionable material
knowing that it is intended or is likely to be
used in a nuclear explosive activity or in any
other nuclear activity not under safeguard
pursuant to an International Atomic Energy
Agency comprehensive safeguards agreement;
(iv) any equipment, material, or software or
related technology that is intended to contribute
to the design, manufacture, or delivery of a
nuclear, chemical or biological weapon;
(v) a person who has committed an act that
constitutes an offence under this section with
the intent to assist that person to avoid criminal
prosecution; or
(c) injures another person in connection with the
commission of any offence under this section; or
(d) causes the death of another person in connection with
the commission, or attempted commission, of an
offence under this section.
(2) A person convicted of an offence under:
(a) subsection (1)(a)(i)(A), (ii)(A), (iii)(A), (b)(i)(A) or (d)
is liable to imprisonment for life; or
(b) subsection (1)(a)(i)(B), (ii)(B), (iii)(B), (iv), (b)(i)(B),
(ii) to (v) or (c) is liable to a term of imprisonment
not exceeding 15 years.

38. Arrest and delivery-(1) The master of a ship registered in
Samoa who has reasonable grounds to believe that a person has
committed an offence under sections 36 and 37, or on board, may:
(a) arrest and detain the person; and
(b) deliver the person to the appropriate authorities in any
other convention country.


32 Counter Terrorism 2014, No. 7

(2) The master of the ship must:
(a) notify the authorities in the other convention country
before delivering the person; and
(b) give to the authorities evidence in his or her possession
that the person has committed an offence.
(3) If the person is delivered to a police officer:
(a) the police officer must take the person into custody
unless he or she has reasonable grounds to believe
that the person has not committed the offence; and
(b) if the police officer refuses to take the person into
custody, give written reasons for the refusal.

PART V
MANAGEMENT AND FORFEITURE OF
PROPERTY OF SPECIFIED ENTITIES

39. Application of this Part-(1) Without limiting the
application of the Proceeds of Crime Act 2007, this Part applies to
a specified entity referred to under section 4(2).
(2) Property that is the subject of a direction by the Prime
Minister under this Part, is to be taken into custody and control of
the Administrator without delay or prior notice to the person who
has custody or control of the property.

40. Direction to take control of property-(1) The Prime
Minister may by written instrument appoint and direct the
Administrator to take custody and control of property if the Prime
Minister has reasonable grounds to believe that the property is
terrorist property owned or controlled by a specified entity to
which this Part applies.
(2) The direction:
(a) must specify the property concerned; and
(b) may be subject to conditions.
(3) A person who has custody or control of property
mentioned in the direction must allow the Administrator to take
custody and control of the property in accordance with the
direction.


2014, No. 7 Counter Terrorism 33

41. Notice of direction-(1) The Prime Minister must cause a
direction under section 40:
(a) to be served -
(i) as soon as possible, on the person who
owns or has custody or control of the property
or if the person is not in Samoa, on the agent or
representative of the person in Samoa; and
(ii) on any other person that the Prime
Minister considers may have an interest in the
property; and
(b) if the service under paragraph (a) is not practicable, to
be published in the Savali or another newspaper
circulating in Samoa.
(2) Failure to comply with subsection (1) does not affect the
validity of the direction.

42. Variation, revocation, or expiry of direction-(1) The
Prime Minister may:
(a) by another direction under section 40, vary the
conditions of the direction or the property that is
subject to the direction; or
(b) may revoke a direction made under section 40.
(2) Notice of any variation or revocation under this section
must be given in accordance with section 41.
(3) If not earlier revoked, a direction under section 39 relating
to property of a specified entity expires if:
(a) for property of a specified entity to which this Part
applies, the entity ceases to be a specified entity; or
(b) a forfeiture order is made on the property under section
51.

43. Court may vary or revoke directions-(1) A person
(“applicant”) who owns, claims an interest in, or has effective
control of property that is subject to a direction under section 39,
may apply to the Court to vary or revoke the direction.
(2) The Court may:
(a) dismiss the application if the Court decides that there
are reasonable grounds for a direction under
section 40; or


34 Counter Terrorism 2014, No. 7

(b) revoke the direction if the Court decides that there are
no reasonable grounds to support the direction
under section 40.
(3) If the Court revokes the direction, the Attorney General
must:
(a) notify the person who owns or controls the property of
the decision in writing; and
(b) publish a notice of revocation in the Savali or any
other newspaper circulating in Samoa.
(4) The sole ground upon which the Court may vary or revoke
a direction under section 40 is that there are no reasonable
grounds for believing that the individual or entity is specified
entity to which this Part applies.

44. Procedures-(1) The following provisions apply to any
application to the Court under this Part:
(a) the application is to be made pursuant to the Court
Rules; and
(b) the applicant must serve the application on the
Attorney General; and
(c) the Attorney General must be heard on the application.
(2) In hearing and determining an application under this Part,
the Court may:
(a) hear any evidence or information presented by the
Attorney General in the absence of the specified
entity or counsel representing the specified entity,
or the public, if the Court thinks that disclosure of
the information would prejudice national security
or endanger the safety of any person; and
(b) receive in evidence anything that would not otherwise
be admissible as evidence (including information
from any source) that the Court thinks is relevant;
and
(c) if paragraph (a) applies, give the specified entity a
statement summarising the information available to
the Court, without disclosing any information that
the Court thinks could prejudice national security
or endanger the safety of any person; and
(d) appoint an amicus curiae to assist the Court.


2014, No. 7 Counter Terrorism 35

PART VI
RESTRAINT AND FORFEITURE
OF TERRORIST PROPERTY

45. Application of the Proceeds of Crime Act 2007 - The
provisions relating to forfeiture and restraining orders for property
under the Proceeds of Crime Act 2007, except the penalties for
offences under that Act, apply (with all necessary modifications)
to property of a specified entity under section 4(2) or declared
under section 5 as if the property was forfeited or subject to a
restraining order under that Act.

PART VII
GENERAL POWERS

46. Controlled delivery of property - An authorised officer
who has reasonable grounds to believe that a person has
committed, is committing or about to commit an offence under
this Act, may allow the person‟s property to enter, leave or move
through Samoa, for the purpose of gathering evidence to identify
a person or to facilitate a prosecution for the offence.

47. Exchange of information relating to terrorist groups
and terrorist acts - The Commissioner or the Attorney General
may disclose to the appropriate authority of a foreign country any
information in its possession relating to any of the following:
(a) the actions or movements of terrorist groups or persons
suspected of involvement in the commission of
terrorist acts;
(b) the use of forged or falsified travel papers by persons
suspected of involvement in the commission of
terrorist acts;
(c) traffic in explosives or other lethal devices by terrorist
groups or persons suspected of involvement in the
commission of terrorist acts;
(d) the use of communication technologies by terrorist
groups; and


36 Counter Terrorism 2014, No. 7

(e) any property referred to in section 47,
if the disclosure is not prohibited by any law and will not, in his
or her view, prejudice national security or public safety.

48. Detention of goods suspected to be terrorist property -
An authorised officer may, without warrant, seize and detain
goods if:
(a) the goods came to the Officer‟s attention, or into the
Officer‟s possession, during a search, inspection,
audit, or examination authorised by law; or
(b) the goods are in Samoa and the authorised officer is
satisfied that they either -
(i) are being, or are intended to be, exported
out of Samoa; or
(ii) are being, or have been, imported into
Samoa; and
(c) the officer has good cause to suspect that the goods are
terrorist property.

49. Further provisions regarding detention under section
48-(1) An authorised officer may use reasonable force if it is
necessary to seize or detain goods under section 48.
(2) If the person who owns or has possession of goods which
have been seized and detained under section 48 is identified, but
is not present when the seizure and detention occurs (for example,
because the goods concerned are in mail or cargo or in
unaccompanied baggage), the authorised officer must make all
reasonable efforts to notify that person of the detention and
seizure as soon as practicable.
(3) Goods detained under section 48 must be taken to such a
place of security as an authorised officer directs, and there
detained, unless section 48 applies.
(4) An authorised officer or a person lawfully assisting an
authorised officer is not liable for the loss of or damage to any
property occasioned by anything done or omitted to be done or
purported to have been done in good faith, by an authorised
officer or person lawfully assisting in the exercise of any power
conferred under sections 48 to 52.


2014, No. 7 Counter Terrorism 37

(5) Nothing in this Part limits or affects powers under the
Customs Act 1977 or the Money Laundering Prevention Act 2007
or the Proceeds of Crime Act 2007.

50. Return of goods detained under section 48-(1) In this
section, “investigation period”, in relation to goods seized and
detained under section 48:
(a) means the period of seven (7) days after the date on
which the goods were seized and detained; and
(b) includes any extension of that period granted by the
Court under section 45.
(2) Goods seized and detained under section 48 must be
returned to the person from whom they were seized as soon as
practicable after whichever of the following occurs first:
(a) the completion of all relevant investigations, if they
show that the goods are not terrorist property; or
(b) the expiry of the investigation period.
(3) Subsection (2) does not apply if the goods are subject to a
forfeiture or restraining order under the Proceeds of Crime Act
2007.

51. Extension of 7 day period in section 50-(1) The seven
(7) day period in section 50(1)(a) may be extended (but once
only) by order of the Court for a further period not exceeding 28
days if, on an application for the purpose made before the expiry
of that seven (7) day period, that Court is satisfied:
(a) that the good cause to suspect required by section 48(c)
exists; and
(b) that the extension to be granted is necessary to enable
investigations in or outside Samoa in relation to the
goods or entity to be completed.
(2) The application to the Court must be made in writing and
served on the person from whom the goods were seized (if that
person can be identified and located), and must include the
following particulars:
(a) a description of the goods detained;
(b) the date on which the detention commenced;
(c) a statement of the facts supporting the good cause to
suspect required by section 48(c); and


38 Counter Terrorism 2014, No. 7

(d) a statement of the reasons why the extension sought is
necessary to enable investigations in or outside
Samoa in relation to the goods or entity to be
completed.
(3) The person from whom the goods were seized is entitled to
appear and be heard on the application.
(4) The authorised officer must make all reasonable efforts to
notify the person from whom the goods were seized, at least 24
hours before the hearing of the application, of the time and place
of that hearing.

52. Custody of certain goods detained under section
48-(1) If a ship, vehicle or animal is detained as goods under
section 48 an authorised officer may leave those goods in the
custody of either:
(a) the person from whom the goods have been seized; or
(b) any other person authorised by the authorised officer
and who consents to having such custody.
(2) A person who has the custody of goods under subsection
(1) must, until a final decision is made under section 48 as to
whether or not they are to be returned, hold them in safekeeping,
without charge to the Government of Samoa and in accordance
with any reasonable conditions that may be imposed by the
authorised officer.
(3) A person to whom subsection (2) applies must also:
(a) make the goods available to an authorised officer on
request; and
(b) not alter, or dispose of, or remove the goods from
Samoa, unless the person is authorised to do so by
the authorised officer; and
(c) return the goods on demand to the custody of the
authorised officer.

53. Offences in relation to certain detained goods-(1) A
person commits an offence who:
(a) has custody of goods pursuant to section 52(1), and
acts in breach of any requirement of, or imposed
pursuant to, section 52(2) or (3); or


2014, No. 7 Counter Terrorism 39

(b) takes or carries away or otherwise converts to the
person‟s own use goods to which section 52(2) and
(3) applies, without the permission of the
authorised officer.
(2) A person convicted of an offence under subsection (1) is
liable to a fine not exceeding 500 penalty units or to
imprisonment for a term not exceeding five (5) years, or both.

PART VIII
CRIMINAL LIABILITY

54. Application of Part V of the Crimes Act 2013 - Part V
of the Crimes Act shall apply to this Act.

55. Liability of a company-(1) This Act applies to a company
in the same way as it applies to an individual and a company may
be found guilty of any of the offences set out in this Act, in
addition to the liability of any person for the same offence.
(2) For an offence under this Act, the conduct or state of mind
of an employee, agent or officer of a company is taken to be
attributed to the company if that person is acting:
(a) within the scope of the person‟s employment; or
(b) within the scope of the person‟s actual or apparent
authority; or
(c) with the consent or agreement (express or implied) of a
director, employee or agent of the company, and
giving that consent is within the actual or apparent
authority of the director, employee or agent.
(3) In this section, “state of mind” includes the person‟s
knowledge, intention, opinion, belief or purpose, and the person‟s
reasons for that intention, opinion, belief or purpose.

PART IX
ARREST AND EXTRADITION OF
SUSPECTED FOREIGN TERRORIST

56. Application of this Part - This Part applies as an
exception to the Extradition Act 1974 or any other Act or law.


40 Counter Terrorism 2014, No. 7

57. Arrest and extradition of suspected foreign nationals-
(1) If a police officer suspects on reasonable grounds:
(a) that a foreign national is wanted by a Commonwealth
or Foreign Country to face a charge or charges in
that country relating to a terrorist act; or
(b) that a foreign national is unlawfully at large after
conviction for committing a terrorist act,
the police officer, using reasonable force, may arrest the person
and without undue delay bring the person before the Supreme
Court.
(2) In this Part, “terrorist act” includes any offence provided
under this Act or an offence determined by the Supreme Court to
be the same as any offence provided for under this Act.
(3) If the Court is satisfied that:
(a) section 6 of the Extradition Act 1974 does not apply;
and
(b) there is reasonable evidence available to the Court that
the person should face trial for committing a
terrorist act or is unlawfully at large after
conviction for committing a terrorist act,
the Court must order that the person remain in custody and be
returned to the Commonwealth country or foreign country
wishing to put the person on trial for committing a terrorist act or
be returned to the Commonwealth country or foreign country
wishing to regain the custody of the person following the person‟s
conviction for committing a terrorist act, as the case may be.

58. Obligation to extradite or prosecute-(1) If the Minister
responsible for Justice refuses a request from another country to
extradite a person under the Extradition Act 1974, and the
extradition request relates to a criminal offence under this Act, the
Minister responsible for Justice must submit the matter to the
Attorney General for the purpose of possible prosecution.
(2) If no prosecution follows that person must be extradited.


2014, No. 7 Counter Terrorism 41

PART X
JURISDICTION

59. Jurisdiction - As an exception to any other Act or law, the
Supreme Court has jurisdiction to hear and determine any matter
under this Act:
(a) if the act or omission or offence -
(i) is committed in Samoa; or
(ii) is committed on board a ship or aircraft
registered in Samoa; or
(iii) is committed by a person who, is or
resides, in Samoa, or is a Samoan national; and
(b) whether or not the act or omission constituting the
offence is committed in or outside Samoa, if the act
or omission -
(i) is committed by a citizen of Samoa or a
citizen of any country who is ordinarily
resident in Samoa; or
(ii) is committed in order to compel the
Government to do or abstain from doing any
act; or
(iii) is committed against a citizen of
Samoa; or
(iv) is committed by a person who is, after
the commission of the offence, present in
Samoa.

60. Consent of Attorney General-(1) Proceedings for any
offence under this Act, for which jurisdiction is claimed under
section 59(a)(ii) for an offence committed on board an aircraft,
elsewhere than in or over Samoa or for any other offence
committed outside Samoa may only be instituted with the consent
of the Attorney General.
(2) Subsection (1) does not prevent the arrest, or the issue of a
warrant for the arrest, of any person for any offence, or the
remanding in custody or on bail of any person charged with any
offence.


42 Counter Terrorism 2014, No. 7

PART XI
MISCELLANEOUS

61. Power to establish a Committee - Cabinet may establish
a Committee for the purposes of this Act.

62. Regulations-(1) The Head of State, acting on the advice
of Cabinet, may make regulations to give effect to the provisions
of or for the purposes of this Act.
(2) Without limiting subsection (1), regulations may be made:
(a) to providing the membership, appointment, functions,
duties and powers of a Committee established
under this Act and any other matter necessary to
the work of the Committee;
(b) to provide a framework to facilitate the provision of
international assistance to and from Samoa, in the
event of a terrorist event or emergency;
(c) to prescribe any matter required to be prescribed under
this Act;
(d) to amend Schedule 1.

63. Repeal, transitional and savings-(1) The Prevention and
Suppression of Terrorism Act 2002 is repealed (“repealed Act”).
(2) A reference in law (other than this Act) or a document or
act of authority to the repealed Act is taken as a reference to this
Act except where the context otherwise requires.
(3) All prosecutions and other matters arising out of or under
the repealed Act which are not determined or otherwise dealt with
under that Act at the date of the commencement of this Act
continue and are to be determined or otherwise dealt with under
this Act.
(4) All legal proceedings made under the repealed Act as at
the commencement of this Act continue as if they were made or
taken in accordance with this Act.
(5) An act of authority made or issued under the repealed Act
so far as they are subsisting or in force at the commencement of
this Act, continues to have effect under this Act until it expires or
is altered, amended or cancelled.


2014, No. 7 Counter Terrorism 43

64. Consequential amendments-(1) The Civil Aviation Act
1998 is amended:
(a) in section 2 -
(i) after the definition of “Convention”
insert:

““convention country” means, for the purpose of this Act
any country that is a State Party to the Tokyo
Convention;
“commander” means the person who is in command of the
aircraft;”; and

(ii) after the definition for “Samoa Register
of Aircraft” insert:

““Samoan-controlled aircraft” means an aircraft that is
registered in Samoa;”; and

(b) in section 28, for “Samoa Police Force” substitute
“Samoa Police Service”; and
(c) in section 72 and 110(3) for “Samoa Police” substitute
“Samoa Police Service”; and
(d) in section 79(1)(a), for “Sections 105, 106, 107 and
112” substitute “Section 107 and 112”; and
(e) sections 105, 106, 108(1) and 110(1) are repealed; and
(f) in section 108(3), delete “the provisions of subsection
(1) or”; and
(g) in section 109, delete “the crime of hijacking or”
wherever occurring; and
(h) in section 110 -
(i) for the section heading “Application of
sections 105, 106 and 107” substitute
“Application of section 107”; and
(ii) delete subsection (1); and
(iii) in subsection (3), delete “section 105
or section 106 or”; and


44 Counter Terrorism 2014, No. 7

(i) in section 111, delete “to the crime of hijacking or” and
“crime referred to in section 106 of this Act
committed in connection with the crime of
hijacking”; and
(j) in section 113(1), 114(1)(b), (c) and (3), 116(5)(a) and
(b), and 117(1) and (2), for “member of the Samoa
Police” substitute “sworn member of the Samoa
Police Service”; and
(k) in section 116 -
(i) in subsection (6), for “(being, in Samoa,
a member of the Samoa Police)” substitute
“(being in Samoa, a sworn member of the
Samoa Police Service, and the appropriate
diplomatic or consular office of the country of
nationality of that person)”; and
(ii) for subsection (7), substitute:

“(7) If the commander intends to deliver any person in
accordance with subsection (5), he or she must, before or as
soon as practicable after landing, give notification of his or
her intention and of the reasons -
(i) if the country is Samoa, to a sworn
member of the Samoa Police Service or
immigration officer or, for any other
country, to an officer having functions
corresponding to the functions either of a
police officer or of an immigration officer
in Samoa; and
(ii) in either case to the appropriate
diplomatic or consular office of the country
of nationality of the person.”; and

(iii) for subsection (8), substitute:

“(8) The commander of an aircraft who, without
reasonable cause, fails to comply with the requirements of this
section commits an offence and is liable upon conviction to a
fine not exceeding 100 penalty units.”; and


2014, No. 7 Counter Terrorism 45

(iv) in subsection (9), omit “civil”; and
(l) in section 116A(b), for “116(c), (d) or (e)” substitute
“116”; and
(m) in section 119, delete “section 105 or section 106 or”.
(2) The Proceeds of Crime Act 2007 is amended as follows:
(a) in section 2, after the term and definition of “tainted
property” insert the following:

““terrorist act” has the same meaning in the Counter
Terrorism Act 2014;
“terrorist property” has the same meaning in the Counter
Terrorism Act 2014;”;

(b) in section 6(1), after “serious offence” insert “or
terrorist act”;
(c) in section 7(1) -
(i) at the end of paragraph (c), remove the
fullstop and substitute a semicolon;
(ii) after paragraph (c), insert the following:

“(d) a terrorist property.”;

(d) in section 19(1), after “convicted” insert “or terrorist
property”;
(e) in section 46(3)(e), after “possession” insert
“or control”;
(f) in section 48(1)(c), after “serious offence” insert
“or terrorist act”;
(g) in section 74(2)(b), after “to commit” insert
“a terrorist act or”; and
(h) in section 86, renumber the current provision as
subsection (1) and insert a new subsection (2) as
follows:

“(2) Regulations may be made under this section to
provide for further procedures or other matters relating to
confiscation and forfeiture orders or other orders and related
matters, in relation to terrorist property.”.


46 Counter Terrorism 2014, No. 7


SCHEDULE 1
(Sections 2 and 62)

COUNTER TERRORISM CONVENTIONS
1. Convention on Offences and certain Other Acts committed
on Board Aircraft done at Tokyo on 14 September 1963.
2. Convention for the Suppression of Unlawful Seizure of
Aircraft done at The Hague on 16 December 1970, and
2010 Protocol Supplementary to the Convention for the
Suppression of Unlawful Aircraft.
3. Convention for the Suppression of Unlawful Acts against
the Safety of Civil Aviation, done at Montreal on 23
September 1971.
4. Convention on the Prevention and Punishment of Crimes
Against Internationally Protected Persons, including
Diplomatic Agents, adopted by the General Assembly of
the United Nations on 14 December 1973.
5. International Convention against the taking of Hostages,
adopted by the General Assembly of the United Nations
on 17 December 1979.
6. Convention on the Physical Protection of Nuclear
Material, done at Vienna and New York on 3 March 1980,
and amendments to the International Convention on the
physical protection of nuclear material adopted by the
Conference on the Physical Protection of Nuclear Material
on 8 July 2005.
7. Protocol for the Suppression of Unlawful Acts of Violence
at Airports Serving International Civil Aviation,
supplementary to the Convention for the Suppression of
Unlawful Acts against the Safety of Civil Aviation, done
at Montreal on 24 February 1988.
8. Convention for the Suppression of Unlawful Acts against
the Safety of Maritime Navigation, done at Rome on 10
March 1988, and 2005 Protocol to the Convention for the
Suppression of Unlawful Acts against the Safety of
Maritime Navigation.


2014, No. 7 Counter Terrorism 47

9. Protocol for the Suppression of Unlawful Acts against the
Safety of Fixed Platforms located on the Continental
Shelf, done at Rome on 10 March 1988, and 2005 Protocol
to the Protocol for the Suppression of Unlawful Acts
against the Safety of Fixed Platforms located on the
Continental Shelf.
10. Convention on the Marking of Plastic Explosives for the
Purposes of Detection, done at Montreal on 1 March 1991.
11. International Convention for the Suppression of Terrorist
Bombings, adopted by the General Assembly of the
United Nations on 15 December 1997.
12. International Convention for the Suppression of the
Financing of Terrorism, adopted by the General Assembly
of the United Nations on 9 December 1999.
13. International Convention for the Suppression of Acts of
Nuclear Terrorism, adopted by the General Assembly of
the United Nations on 13 April 2005.
14. 2010 Convention on the Suppression of Unlawful Acts
Relating to International Aviation.
__________
The Counter Terrorism Act 2014 is administered
by the Ministry of Police and Prisons.