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Mutual Assistance in Criminal Matters (Amendment) Act 2005

Commencement: 24 February 2006

REPUBLIC OF VANUATU

MUTUAL ASSISTANCE IN CRIMINAL MATTERS (AMENDMENT) ACT
NO. 31 OF 2005

Arrangement of Sections

1 Amendment
2 Commencement

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REPUBLIC OF VANUATU

Assent: 30/12/2005
Commencement: 24/02/2006

MUTUAL ASSISTANCE IN CRIMINAL MATTERS (AMENDMENT) ACT
NO. 31 OF 2005

An Act to amend the Mutual Assistance in Criminal Matters Act No. 14 of 2002.

Be it enacted by the President and Parliament as follows –

1 Amendment

The Mutual Assistance in Criminal Matters Act No. 14 of 2002 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 NO. 14 OF 2002

1 Section 1 (Definition)

Insert in its correct alphabetical position:

Counter Terrorism and Transnational Organised Crime Act means the Counter Terrorism and Transnational organised Crime Act No. of 2005.

Foreign State means:

(a) any country other than Vanuatu; and

(b) every constituent part of such country, including a territory, dependency or protectorate, which administers its own laws relating to international cooperation.

2 Subsection 18(1)

After “Vanuatu” insert “or in relation to terrorist property”

3 Paragraph 19(1)(a)

After “country” insert “or in relation to terrorist property”

4 Paragraph 20(2)(a)

After “offence” insert “or in relation to terrorist property”

5 Paragraph 38(1)(a)

After “Vanuatu” insert “under the Proceeds of Crime Act”

6 After paragraph 38(1)(a)

Insert

“(ab) a forfeiture order in connection with terrorist property made in Vanuatu under the Counter Terrorism and Transnational Organised Crime Act; or"

7 Section 39

After “offence (first occurring) insert “or in relation to terrorist property"

After “offence (second occurring) insert “or terrorist property)"

8 Subparagraph 40(1)(a)(i) and subsection 40(3)

After “offence” insert “or terrorist property”

9 Subsection 42(1)

After “Act” insert “ or the Counter Terrorism and Transnational Organised Crime Act”

10 Paragraph 46(a)

After “offence” insert “or terrorist property”

11 Paragraph 46(b)

After “property” insert “or terrorist property”

12 Section 47

After “offence” (first occurring) insert “or terrorist property”

13 Paragraph 48(1)(a)

After “offence” insert “or terrorist property”

14 Paragraph 48(1)(b)

Delete “a document” substitute “any document of the type described in subsection 79A(1) or (2) of the Proceeds of Crime Act”

15 Subparagraph 48(1)(c)(ii)

After “for” insert “obtaining the documents”.

16 Paragraph 48(2)(b)

After “for” insert “obtaining the documents”.

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