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.”