{"kind":"expression","expression":{"expr_id":"1613","doc_id":"1613","label":"Anti-Corruption (Amendment) Act, 2022 (Act 23 of 2022)","is_as_enacted":"f","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/amending\/2022\/23\/eng@2022-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/amending\/2022\/23\", \"expression\": \"\/akn\/ky\/act\/amending\/2022\/23\/eng@2022-01-01\", \"manifestation\": \"\/akn\/ky\/act\/amending\/2022\/23\/eng@2022-01-01.pdf\"}, \"pdf\": {\"md5\": \"d4cbab8b9554d598f164cb3dc431a3f1\", \"path\": \"\/Users\/q\/kyleg-data\/working\/AMENDING\/2022\/2022-0023\/2022-0023.pdf\", \"pages\": 13, \"filename\": \"2022-0023.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 2995, \"paragraph_count\": 17, \"text_char_count\": 18869}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"8. Amendment of section 20 - duty of a public officer and member of the Parliament to 9. 10. Insertion of section 25A - refusal of an ICT licensee to produce records to a senior 11. 12. 13. 14. Amendment of Part heading of PART VI - application of the Proceeds of Crime Act (2018 15. Amendment of section 35 - orders of the court in relation to the proceeds of a corruption Anti-Corruption (Amendment) Act, 2022 ANTI-CORRUPTION (AMENDMENT) ACT, 2022 AN ACT TO AMEND THE ANTI-CORRUPTION ACT (2019 REVISION) IN ORDER TO DESIGNATE THE ANTI-CORRUPTION COMMISSION AS A LAW ENFORCEMENT AGENCY IN THE ISLANDS; TO PROVIDE FOR ADDITIONAL POWERS OF INVESTIGATING OFFICERS; TO CLARIFY THE CIRCUMSTANCES IN WHICH THE COMMISSION SHALL INVESTIGATE REPORTS; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title and commencement 1. (1) This Act may be cited as the Anti-Corruption (Amendment) Act, 2022. (2) This Act shall come into force on such date as may be appointed by Order made by the Cabinet and different dates may be appointed for different provisions of this Act and in relation to different matters.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Amendment of section 2 of the Anti-Corruption Act (2019 Revision) - definitions 2. The Anti-Corruption Act (2019 Revision), in this Act referred to as the \u201cprincipal Act\u201d, is amended in section 2 as follows \u2014 (a) by deleting the section heading and substituting the following section heading \u2014 I Assent, Martyn Roper Governor Date: 29th day of December, 2022 Anti-Corruption (Amendment) Act, 2022 \u201cInterpretation\u201d; and (b) by inserting, after the definition of the word \u201cexercise\u201d the following definition \u2014 \u201c \u201cfinancial year\u201d means a year ending on 31st December.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Amendment of section 3 - establishment of the Commission 3. The principal Act is amended in section 3(2) by deleting the words \u201cand has the powers, duties and functions set out in this Law\u201d and substituting the words \u201c, has the powers, duties and functions set out in this Act and is a law enforcement agency in the Islands\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Amendment of section 3A - appointment of staff of the Commission 4. The principal Act is amended in section 3A(2)(c), by inserting after the word \u201cCommission\u201d the words \u201c, either personally or by delegating such duties to a senior investigating officer\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Insertion of section 3DA - power of search upon arrest 5. The principal Act is amended by inserting after section 3D the following section \u2014 \u201cPower of search upon arrest 3DA.(1) An investigating officer may search an arrested person, in any case where the person to be searched has been arrested at a place other than a police station, if the investigating officer has reasonable grounds to believe that the arrested person may present a danger to himself, herself or others. (2) Subject to subsections (3) to (5), an investigating officer shall also have power in that case \u2014 (a) to search the arrested person for anything \u2014 (i) which the arrested person might use to assist in escaping from lawful custody; or (ii) which might be evidence relating to an offence; and (b) to enter and search any premises without a warrant in which the arrested person was when arrested or immediately before the arrested person was arrested for evidence relating to the offence for which the arrested person was arrested. (3) The power to search conferred by subsection (2) is only a power to search to the extent that is reasonably required for the purpose of discovering any such thing or any such evidence. (4) The powers conferred by this section to search an arrested person \u2014 Anti-Corruption (Amendment) Act, 2022 (a) are not to be construed as authorising an investigating officer to require an arrested person to remove any more of the arrested person\u2019s clothing in public than is reasonably necessary; and (b) are to be construed as authorising a search of the arrested person\u2019s mouth. (5) An investigating officer may not search an arrested person in the exercise of the power conferred by subsection (2)(a) unless the investigating officer has reasonable grounds to believe that the arrested person may have concealed on his or her person, anything for which a search is permitted under subsection (2)(a). (6) An investigating officer may not search premises in the exercise of the powers conferred by subsection (2)(b) unless the investigating officer has reasonable grounds to believe that there is evidence for which the search is permitted under subsection (2)(b). (7) An investigating officer searching an arrested person in the exercise of the power conferred by subsection (1) may seize and retain anything the investigating officer finds, if the investigating officer has reasonable grounds to believe that the arrested person searched might use it to cause physical injury to himself, herself or any other person. (8) An investigating officer searching an arrested person in the exercise of the power conferred by subsection (2)(a) may seize and retain anything the investigating officer finds, if the investigating officer has reasonable grounds to believe \u2014 (a) that the arrested person might use it to assist himself or herself in escaping from lawful custody; or (b) that it is evidence of an offence or has been obtained in consequence of the commission of an offence. (9) The search of an arrested person under this section shall be carried out by an investigating officer of the same gender as the arrested person. (10) This section is without prejudice to the court\u2019s power under section 31 to issue a warrant authorising a search of specified premises.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Amendment of section 4 - powers, duties and functions of the Commission under this Act 6. The principal Act is amended in section 4 as follows \u2014 (a) in subsection (1), by repealing paragraph (a) and substituting the following paragraph \u2014 Anti-Corruption (Amendment) Act, 2022 \u201c(a) receive and consider any report of the alleged or suspected commission of a corruption offence and, subject to this Act, investigate such report where the Commission has reason to suspect \u2014 (i) the commission of an offence under this Act; (ii) an attempt to commit an offence under this Act; or (iii) any conspiracy to commit an offence under this Act;\u201d; and (b) in subsection (2)(ea) \u2014 (i) by deleting the words \u201cof arrangement\u201d and substituting the words \u201cor arrangement\u201d; (ii) by inserting after the words \u201clocal law enforcement authority\u201d the words \u201cor local body\u201d; and (iii) by deleting the words \u201cof performance\u201d and substituting the words \u201cor performance\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Repeal and substitution of section 17 - abuse of office 7. The principal Act is amended by repealing section 17 and substituting the following section \u2014 \u201cAbuse of office\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"(1) A public officer or a member of the Parliament who intentionally does, or directs to be done, in abuse of the authority of his or her office, any arbitrary act prejudicial to the rights of another person commits an offence and is liable on conviction on indictment to imprisonment for a term of four years. (2) If a public officer or a member of the Parliament intentionally does, or directs to be done, the act under subsection (1) for the purposes of a loan, reward, advantage or other benefit, the public officer or the member of Parliament commits an offence and is liable on conviction on indictment to imprisonment for a term of five years.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Amendment of section 20 - duty of a public officer and member of the Parliament to whom a bribe is offered etc. 8. The principal Act is amended in section 20 as follows \u2014 (a) in subsection (1), by inserting after the words \u201cthis Act shall\u201d the words \u201c, at the earliest opportunity thereafter,\u201d; and (b) in subsection (5) \u2014 (i) in paragraph (c), by deleting the semi-colon and substituting a comma; and Anti-Corruption (Amendment) Act, 2022 (ii) by inserting after the words \u201cthis Act, shall\u201d the words \u201c, at the earliest opportunity thereafter,\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Amendment of section 22 - bribing a foreign public officer 9. The principal Act is amended in section 22 by repealing subsection (4).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Insertion of section 25A - refusal of an ICT licensee to produce records to a senior investigating officer 10. The principal Act is amended by inserting after section 25 the following section \u2014 \u201cRefusal of an ICT licensee to produce records to a senior investigating officer 25A. (1) An ICT licensee shall comply with a request of a senior investigating officer to produce any document, message, record, thing, statement or information, whether in electronic form or otherwise, relating to its ICT network, ICT service or the users thereof and required by a senior investigating officer appointed under this Act, upon the written request of a senior investigating officer, for the prevention or detection of crime or for the purposes of any criminal proceedings. (2) Subject to subsection (3), an ICT licensee who \u2014 (a) without reasonable excuse, refuses or fails to produce any document, message, record, thing, statement or information, whether in electronic form or otherwise, relating to its ICT network, ICT service or the users of its ICT network or ICT service and required by a senior investigating officer appointed under this Act, upon the written request of a senior investigating officer appointed under this Act, for the prevention or detection of crime or for the purposes of any criminal proceedings; (b) without reasonable excuse, destroys or alters, or causes to be destroyed or altered, any document, message, record, thing, statement or information, whether in electronic form or otherwise, relating to its ICT network, ICT service or the users of its ICT network or ICT service and required, upon the written request of a senior investigating officer appointed under this Act, to be produced for the prevention or detection of crime or for the purposes of any criminal proceedings; or (c) knowingly gives false or misleading information to an investigating officer requiring the information, upon the written request of a senior investigating officer appointed under this Act, for the prevention or detection of crime or for the purposes of any criminal proceedings, Anti-Corruption (Amendment) Act, 2022 commits an offence and is liable, on summary conviction, to a fine of ten thousand dollars, or to imprisonment for a term of one year, or to both. (3) Subsection (2) applies to any document, including a reverse directory, message, record, thing, statement or information, whether in electronic form or otherwise, held by an ICT licensee and relating to its ICT network, ICT service or the users of its ICT network or ICT service, other than any such message transmitted earlier than 15th November, 2000. (4) For the purposes of this section \u2014 \u201cICT licensee\u201d means a person to whom a licence in respect of information and communications technology is granted under the Information and Communications Technology Act (2019 Revision); \u201cICT network\u201d has the meaning assigned by section 2 of the Information and Communications Technology Act (2019 Revision); and \u201cICT service\u201d has the meaning assigned by section 2 of the Information and Communications Technology Act (2019 Revision).\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Amendment of section 28 - operations of the Commission 11. The principal Act is amended in section 28 as follows \u2014 (a) in subsection (1), by deleting the words \u201c, after consultation with the Director of Public Prosecutions,\u201d; (b) in subsection (2)(b), by deleting the words, \u201c, after consultation with the Director of Public Prosecutions,\u201d; (c) in subsection (3), by deleting the words \u201csubsection (2)\u201d and substituting the words \u201csubsection (1)\u201d; and (d) by repealing subsections (6) and (7) and substituting the following subsections \u2014 \u201c(6) Where, pursuant to subsection (4), the Commission directs an investigating officer to carry out an investigation, if, after consultation with the Director of Public Prosecutions, the investigating officer is satisfied that \u2014 (a) the complaint is trivial, frivolous, vexatious or not made in good faith; or (b) the investigation would be unnecessary, improper or futile, the investigating officer may recommend to the Commission that it decline to conduct an investigation into any report alleging an offence under this Act or to proceed further with any investigation. Anti-Corruption (Amendment) Act, 2022 (7) Where, in accordance with subsection (6), the investigating officer wishes to recommend to the Commission that it decline to conduct an investigation into any report alleging an offence under this Act or to proceed further with any investigation \u2014 (a) the investigating officer shall \u2014 (i) inform the Commission in writing of the recommendation; and (ii) provide the Commission with the reasons for the recommendation and a statement indicating that the Director of Public Prosecutions was consulted prior to the recommendation being made; and (b) the Commission, after reviewing the submissions referred to under paragraph (a) \u2014 (i) may, in its discretion, follow the recommendation and, if it does so, the Commission may, in its discretion, inform the complainant or the subject of the complaint, in writing of its decision; and (ii) shall not be bound to give reasons for its decision.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Amendment of section 30 - order to make material available 12. The principal Act is amended in section 30 as follows \u2014 (a) in subsection (9), by deleting the words \u201csection 29\u201d and substituting the words \u201csection 31\u201d; and (b) in subsection (11), as follows \u2014 (i) in paragraph (a), by deleting the words \u201cto a fine of five thousand dollars and to imprisonment for a term of two years\u201d and substituting the words \u201cto a fine of five thousand dollars or to imprisonment for a term of two years, or to both\u201d; and (ii) in paragraph (b), by deleting the words \u201cto a fine and to imprisonment for a term of five years\u201d and substituting the words \u201cto a fine or to imprisonment for a term of five years, or to both\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Insertion of section 31A - offence in relation to an investigation under section 13. The principal Act is amended by inserting after section 31 the following section \u2014 Anti-Corruption (Amendment) Act, 2022 \u201cOffence in relation to a warrant under section 31 31A. (1) Where, in relation to an investigation into an offence to which this Act applies, a warrant under section 31 has been issued, a person who, knowing or suspecting that the investigation is taking place, makes any disclosure which is likely to prejudice the investigation commits an offence. (2) In proceedings against a person for an offence under subsection (1), it is a defence for that person to prove \u2014 (a) that the person did not know or suspect that the disclosure was likely to prejudice the investigation; or (b) that the person had lawful authority or reasonable excuse for making the disclosure. (3) A person who commits an offence under subsection (1) is liable \u2014 (a) on summary conviction, to a fine of five thousand dollars or to imprisonment for a term of two years, or to both; or (b) on conviction on indictment, to a fine or to imprisonment for a term of five years, or to both.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Amendment of Part heading of PART VI - application of the Proceeds of Crime Act (2018 Revision) to this Act 14. The principal Act is amended in Part VI, in the Part heading, by deleting the words \u201c(2018 Revision)\u201d and substituting the words \u201c(2020 Revision)\u201d. Anti-Corruption (Amendment) Act, 2022\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Amendment of section 35 - orders of the court in relation to the proceeds of a corruption offence 15. The principal Act is amended in section 35 as follows \u2014 (a) by renumbering section 35 as section 35(1); (b) in section 35(1) as renumbered, by deleting the words \u201cProceeds of Crime Act (2019 Revision)\u201d and substituting the words \u201cProceeds of Crime Act (2020 Revision)\u201d; and (c) by inserting after section 35(1) as renumbered the following subsection \u2014 \u201c(2) For the purposes of subsection (1), references to an \u201cappropriate officer\u201d or \u201csenior appropriate officer\u201d under the Proceeds of Crime Act (2020 Revision) shall be construed as including an investigating officer or senior investigating officer appointed under this Act.\u201d. Passed by the Parliament the 14th day of December, 2022. Hon. 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definitions .......................5\n3.\nAmendment of section 3 - establishment of the Commission .....................................................6\n4.\nAmendment of section 3A - appointment of staff of the Commission ..........................................6\n5.\nInsertion of section 3DA - power of search upon arrest ..............................................................6\n6.\nAmendment of section 4 - powers, duties and functions of the Commission under this Act ........7\n7.\nRepeal and substitution of section 17 - abuse of office...............................................................8\n8.\nAmendment of section 20 - duty of a public officer and member of the Parliament to\nwhom a bribe is offered etc. .......................................................................................................8\n9.\nAmendment of section 22 - bribing a foreign public officer .........................................................9\n10.\nInsertion of section 25A - refusal of an ICT licensee to produce records to a senior\ninvestigating officer ....................................................................................................................9\n11.\nAmendment of section 28 - operations of the Commission ....................................................... 10\n12.\nAmendment of section 30 - order to make material available ................................................... 11\n13.\nInsertion of section 31A - offence in relation to an investigation under section 31 .................... 11\n14.\nAmendment of Part heading of PART VI - application of the Proceeds of Crime Act (2018\nRevision) to this Act ................................................................................................................. 12\n15.\nAmendment of section 35 - orders of the court in relation to the proceeds of a corruption\noffence .................................................................................................................................... 13\n\nAnti-Corruption (Amendment) Act, 2022\nSection 1\n\nc\nAct 23 of 2022\nPage 5\n\nCAYMAN ISLANDS\n\nANTI-CORRUPTION (AMENDMENT) ACT, 2022\n(Act 23 of 2022)\nAN ACT TO AMEND THE ANTI-CORRUPTION ACT (2019 REVISION) IN ORDER TO\nDESIGNATE THE ANTI-CORRUPTION COMMISSION AS A LAW ENFORCEMENT\nAGENCY IN THE ISLANDS; TO PROVIDE FOR ADDITIONAL POWERS OF\nINVESTIGATING OFFICERS; TO CLARIFY THE CIRCUMSTANCES IN WHICH THE\nCOMMISSION SHALL INVESTIGATE REPORTS; AND FOR INCIDENTAL AND\nCONNECTED PURPOSES\nENACTED by the Legislature of the Cayman Islands.\n1.\nShort title and commencement\n1.\n(1) This Act may be cited as the Anti-Corruption (Amendment) Act, 2022.\n(2) This Act shall come into force on such date as may be appointed by Order made\nby the Cabinet and different dates may be appointed for different provisions of\nthis Act and in relation to different matters.\n2.\nAmendment of section 2 of the Anti-Corruption Act (2019 Revision) -\ndefinitions\n2.\nThe Anti-Corruption Act (2019 Revision), in this Act referred to as the \u201cprincipal\nAct\u201d, is amended in section 2 as follows \u2014\n(a)\nby deleting the section heading and substituting the following section\nheading \u2014\n(Act 23 of 2022)\nI Assent,\nMartyn Roper\nGovernor\nDate: 29th day of December, 2022\n\nSection 3\nAnti-Corruption (Amendment) Act, 2022\n\nPage 6\nAct 23 of 2022\nc\n\n\u201cInterpretation\u201d; and\n(b) by inserting, after the definition of the word \u201cexercise\u201d the following\ndefinition \u2014\n\u201c \u201cfinancial year\u201d means a year ending on 31st December.\u201d.\n3.\nAmendment of section 3 - establishment of the Commission\n3.\nThe principal Act is amended in section 3(2) by deleting the words \u201cand has the\npowers, duties and functions set out in this Law\u201d and substituting the words \u201c, has the\npowers, duties and functions set out in this Act and is a law enforcement agency in\nthe Islands\u201d.\n4.\nAmendment of section 3A - appointment of staff of the Commission\n4.\nThe principal Act is amended in section 3A(2)(c), by inserting after the word\n\u201cCommission\u201d the words \u201c, either personally or by delegating such duties to a senior\ninvestigating officer\u201d.\n5.\nInsertion of section 3DA - power of search upon arrest\n5.\nThe principal Act is amended by inserting after section 3D the following section \u2014\n\u201cPower of search upon arrest\n3DA.(1) An investigating officer may search an arrested person, in any case\nwhere the person to be searched has been arrested at a place other\nthan a police station, if the investigating officer has reasonable\ngrounds to believe that the arrested person may present a danger to\nhimself, herself or others.\n(2) Subject to subsections (3) to (5), an investigating officer shall also\nhave power in that case \u2014\n(a)\nto search the arrested person for anything \u2014\n(i)\nwhich the arrested person might use to assist in escaping\nfrom lawful custody; or\n(ii) which might be evidence relating to an offence; and\n(b) to enter and search any premises without a warrant in which the\narrested person was when arrested or immediately before the\narrested person was arrested for evidence relating to the offence\nfor which the arrested person was arrested.\n(3) The power to search conferred by subsection (2) is only a power to\nsearch to the extent that is reasonably required for the purpose of\ndiscovering any such thing or any such evidence.\n(4) The powers conferred by this section to search an arrested person \u2014\n\nAnti-Corruption (Amendment) Act, 2022\nSection 6\n\nc\nAct 23 of 2022\nPage 7\n\n(a)\nare not to be construed as authorising an investigating officer to\nrequire an arrested person to remove any more of the arrested\nperson\u2019s clothing in public than is reasonably necessary; and\n(b) are to be construed as authorising a search of the arrested\nperson\u2019s mouth.\n(5) An investigating officer may not search an arrested person in the\nexercise of the power conferred by subsection (2)(a) unless the\ninvestigating officer has reasonable grounds to believe that the\narrested person may have concealed on his or her person, anything\nfor which a search is permitted under subsection (2)(a).\n(6) An investigating officer may not search premises in the exercise of\nthe powers conferred by subsection (2)(b) unless the investigating\nofficer has reasonable grounds to believe that there is evidence for\nwhich the search is permitted under subsection (2)(b).\n(7) An investigating officer searching an arrested person in the exercise\nof the power conferred by subsection (1) may seize and retain\nanything the investigating officer finds, if the investigating officer\nhas reasonable grounds to believe that the arrested person searched\nmight use it to cause physical injury to himself, herself or any other\nperson.\n(8) An investigating officer searching an arrested person in the exercise\nof the power conferred by subsection (2)(a) may seize and retain\nanything the investigating officer finds, if the investigating officer\nhas reasonable grounds to believe \u2014\n(a)\nthat the arrested person might use it to assist himself or herself\nin escaping from lawful custody; or\n(b) that it is evidence of an offence or has been obtained in\nconsequence of the commission of an offence.\n(9) The search of an arrested person under this section shall be carried\nout by an investigating officer of the same gender as the arrested\nperson.\n(10) This section is without prejudice to the court\u2019s power under section\n31 to issue a warrant authorising a search of specified premises.\u201d.\n6.\nAmendment of section 4 - powers, duties and functions of the Commission\nunder this Act\n6.\nThe principal Act is amended in section 4 as follows \u2014\n(a)\nin subsection (1), by repealing paragraph (a) and substituting the following\nparagraph \u2014\n\nSection 7\nAnti-Corruption (Amendment) Act, 2022\n\nPage 8\nAct 23 of 2022\nc\n\n\u201c(a) receive and consider any report of the alleged or suspected\ncommission of a corruption offence and, subject to this Act,\ninvestigate such report where the Commission has reason to\nsuspect \u2014\n(i)\nthe commission of an offence under this Act;\n(ii)\nan attempt to commit an offence under this Act; or\n(iii)\nany conspiracy to commit an offence under this Act;\u201d;\nand\n(b) in subsection (2)(ea) \u2014\n(i)\nby deleting the words \u201cof arrangement\u201d and substituting the words\n\u201cor arrangement\u201d;\n(ii) by inserting after the words \u201clocal law enforcement authority\u201d the\nwords \u201cor local body\u201d; and\n(iii) by deleting the words \u201cof performance\u201d and substituting the words\n\u201cor performance\u201d.\n7.\nRepeal and substitution of section 17 - abuse of office\n7.\nThe principal Act is amended by repealing section 17 and substituting the following\nsection \u2014\n\u201cAbuse of office\n17. (1) A public officer or a member of the Parliament who intentionally\ndoes, or directs to be done, in abuse of the authority of his or her\noffice, any arbitrary act prejudicial to the rights of another person\ncommits an offence and is liable on conviction on indictment to\nimprisonment for a term of four years.\n(2) If a public officer or a member of the Parliament intentionally does,\nor directs to be done, the act under subsection (1) for the purposes of\na loan, reward, advantage or other benefit, the public officer or the\nmember of Parliament commits an offence and is liable on conviction\non indictment to imprisonment for a term of five years.\u201d.\n8.\nAmendment of section 20 - duty of a public officer and member of the\nParliament to whom a bribe is offered etc.\n8.\nThe principal Act is amended in section 20 as follows \u2014\n(a)\nin subsection (1), by inserting after the words \u201cthis Act shall\u201d the words \u201c,\nat the earliest opportunity thereafter,\u201d; and\n(b) in subsection (5) \u2014\n(i)\nin paragraph (c), by deleting the semi-colon and substituting a\ncomma; and\n\nAnti-Corruption (Amendment) Act, 2022\nSection 9\n\nc\nAct 23 of 2022\nPage 9\n\n(ii) by inserting after the words \u201cthis Act, shall\u201d the words \u201c, at the\nearliest opportunity thereafter,\u201d.\n9.\nAmendment of section 22 - bribing a foreign public officer\n9.\nThe principal Act is amended in section 22 by repealing subsection (4).\n10.\nInsertion of section 25A - refusal of an ICT licensee to produce records to a\nsenior investigating officer\n10. The principal Act is amended by inserting after section 25 the following section \u2014\n\u201cRefusal of an ICT licensee to produce records to a senior\ninvestigating officer\n25A. (1) An ICT licensee shall comply with a request of a senior investigating\nofficer to produce any document, message, record, thing, statement\nor information, whether in electronic form or otherwise, relating to\nits ICT network, ICT service or the users thereof and required by a\nsenior investigating officer appointed under this Act, upon the\nwritten request of a senior investigating officer, for the prevention or\ndetection of crime or for the purposes of any criminal proceedings.\n(2) Subject to subsection (3), an ICT licensee who \u2014\n(a)\nwithout reasonable excuse, refuses or fails to produce any\ndocument, message, record, thing, statement or information,\nwhether in electronic form or otherwise, relating to its ICT\nnetwork, ICT service or the users of its ICT network or ICT\nservice and required by a senior investigating officer appointed\nunder this Act, upon the written request of a senior investigating\nofficer appointed under this Act, for the prevention or detection\nof crime or for the purposes of any criminal proceedings;\n(b) without reasonable excuse, destroys or alters, or causes to be\ndestroyed or altered, any document, message, record, thing,\nstatement or information, whether in electronic form or\notherwise, relating to its ICT network, ICT service or the users\nof its ICT network or ICT service and required, upon the written\nrequest of a senior investigating officer appointed under this\nAct, to be produced for the prevention or detection of crime or\nfor the purposes of any criminal proceedings; or\n(c)\nknowingly gives false or misleading information to an\ninvestigating officer requiring the information, upon the written\nrequest of a senior investigating officer appointed under this\nAct, for the prevention or detection of crime or for the purposes\nof any criminal proceedings,\n\nSection 11\nAnti-Corruption (Amendment) Act, 2022\n\nPage 10\nAct 23 of 2022\nc\n\ncommits an offence and is liable, on summary conviction, to a fine\nof ten thousand dollars, or to imprisonment for a term of one year, or\nto both.\n(3) Subsection (2) applies to any document, including a reverse\ndirectory, message, record, thing, statement or information, whether\nin electronic form or otherwise, held by an ICT licensee and relating\nto its ICT network, ICT service or the users of its ICT network or\nICT service, other than any such message transmitted earlier than\n15th November, 2000.\n(4) For the purposes of this section \u2014\n\u201cICT licensee\u201d means a person to whom a licence in respect of\ninformation and communications technology is granted under the\nInformation and Communications Technology Act (2019 Revision);\n\u201cICT network\u201d has the meaning assigned by section 2 of the\nInformation and Communications Technology Act (2019 Revision);\nand\n\u201cICT service\u201d has the meaning assigned by section 2 of the\nInformation and Communications Technology Act (2019 Revision).\u201d.\n11.\nAmendment of section 28 - operations of the Commission\n11. The principal Act is amended in section 28 as follows \u2014\n(a)\nin subsection (1), by deleting the words \u201c, after consultation with the\nDirector of Public Prosecutions,\u201d;\n(b) in subsection (2)(b), by deleting the words, \u201c, after consultation with the\nDirector of Public Prosecutions,\u201d;\n(c)\nin subsection (3), by deleting the words \u201csubsection (2)\u201d and substituting\nthe words \u201csubsection (1)\u201d; and\n(d) by repealing subsections (6) and (7) and substituting the following\nsubsections \u2014\n\u201c(6) Where, pursuant to subsection (4), the Commission directs an\ninvestigating officer to carry out an investigation, if, after\nconsultation with the Director of Public Prosecutions, the\ninvestigating officer is satisfied that \u2014\n(a)\nthe complaint is trivial, frivolous, vexatious or not made in good\nfaith; or\n(b) the investigation would be unnecessary, improper or futile,\nthe investigating officer may recommend to the Commission that it\ndecline to conduct an investigation into any report alleging an\noffence under this Act or to proceed further with any investigation.\n\nAnti-Corruption (Amendment) Act, 2022\nSection 12\n\nc\nAct 23 of 2022\nPage 11\n\n(7) Where, in accordance with subsection (6), the investigating officer\nwishes to recommend to the Commission that it decline to conduct\nan investigation into any report alleging an offence under this Act or\nto proceed further with any investigation \u2014\n(a)\nthe investigating officer shall \u2014\n(i)\ninform the Commission in writing of the recommendation;\nand\n(ii) provide the Commission with the reasons for the\nrecommendation and a statement indicating that the\nDirector of Public Prosecutions was consulted prior to the\nrecommendation being made; and\n(b) the Commission, after reviewing the submissions referred to\nunder paragraph (a) \u2014\n(i)\nmay, in its discretion, follow the recommendation and, if\nit does so, the Commission may, in its discretion, inform\nthe complainant or the subject of the complaint, in writing\nof its decision; and\n(ii) shall not be bound to give reasons for its decision.\u201d.\n12.\nAmendment of section 30 - order to make material available\n12. The principal Act is amended in section 30 as follows \u2014\n(a)\nin subsection (9), by deleting the words \u201csection 29\u201d and substituting the\nwords \u201csection 31\u201d; and\n(b) in subsection (11), as follows \u2014\n(i)\nin paragraph (a), by deleting the words \u201cto a fine of five thousand\ndollars and to imprisonment for a term of two years\u201d and substituting\nthe words \u201cto a fine of five thousand dollars or to imprisonment for\na term of two years, or to both\u201d; and\n(ii) in paragraph (b), by deleting the words \u201cto a fine and to imprisonment\nfor a term of five years\u201d and substituting the words \u201cto a fine or to\nimprisonment for a term of five years, or to both\u201d.\n13.\nInsertion of section 31A - offence in relation to an investigation under section\n31\n13. The principal Act is amended by inserting after section 31 the following section \u2014\n\nSection 14\nAnti-Corruption (Amendment) Act, 2022\n\nPage 12\nAct 23 of 2022\nc\n\n\u201cOffence in relation to a warrant under section 31\n31A. (1) Where, in relation to an investigation into an offence to which this\nAct applies, a warrant under section 31 has been issued, a person\nwho, knowing or suspecting that the investigation is taking place,\nmakes any disclosure which is likely to prejudice the investigation\ncommits an offence.\n(2) In proceedings against a person for an offence under subsection (1),\nit is a defence for that person to prove \u2014\n(a)\nthat the person did not know or suspect that the disclosure was\nlikely to prejudice the investigation; or\n(b) that the person had lawful authority or reasonable excuse for\nmaking the disclosure.\n(3) A person who commits an offence under subsection (1) is liable \u2014\n(a)\non summary conviction, to a fine of five thousand dollars or to\nimprisonment for a term of two years, or to both; or\n(b) on conviction on indictment, to a fine or to imprisonment for a\nterm of five years, or to both.\u201d.\n14.\nAmendment of Part heading of PART VI - application of the Proceeds of\nCrime Act (2018 Revision) to this Act\n14. The principal Act is amended in Part VI, in the Part heading, by deleting the words\n\u201c(2018 Revision)\u201d and substituting the words \u201c(2020 Revision)\u201d.\n\nAnti-Corruption (Amendment) Act, 2022\nSection 15\n\nc\nAct 23 of 2022\nPage 13\n\n15.\nAmendment of section 35 - orders of the court in relation to the proceeds of\na corruption offence\n15. The principal Act is amended in section 35 as follows \u2014\n(a)\nby renumbering section 35 as section 35(1);\n(b) in section 35(1) as renumbered, by deleting the words \u201cProceeds of Crime\nAct (2019 Revision)\u201d and substituting the words \u201cProceeds of Crime Act\n(2020 Revision)\u201d; and\n(c)\nby inserting after section 35(1) as renumbered the following subsection \u2014\n\u201c(2) For the purposes of subsection (1), references to an \u201cappropriate\nofficer\u201d or \u201csenior appropriate officer\u201d under the Proceeds of Crime\nAct (2020 Revision) shall be construed as including an investigating\nofficer or senior investigating officer appointed under this Act.\u201d.\nPassed by the Parliament the 14th day of December, 2022.\nHon. 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