GLOSSARY OF WORDS OR
PHRASES
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WORD OR
PHRASE
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MEANING IN THE
ACT
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“Central
Authority”
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The person or
authority designated by the Act as the Central Authority for
Trinidad and Tobago.
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“central
authority”
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In relation to any
Commonwealth country means the person or authority designated by
that country for the purpose of transmitting and receiving requests
for assistance under the Scheme.
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“Central
Authority for Trinidad and Tobago”
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The Attorney General
of Trinidad and Tobago shall be the Central Authority for the
purposes of the Act. The Attorney General may delegate to a public
officer any of his functions under this Act.
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“Commonwealth
country”
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A sovereign and
independent country within the Commonwealth, other than Trinidad
and Tobago, together with any dependent territory which that
country designates.
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“criminal
proceedings”
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For the purposes of
Requests by Commonwealth Countries to Trinidad and Tobago for
assistance, proceedings include restraint, confiscation and
forfeiture proceedings certified by the central Authority for any
Commonwealth country making a request for assistance under this Act
to be criminal proceedings which have been instituted or in which
investigations have commenced in that country.
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WORD OR
PHRASE
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MEANING UNDER
THE ACT
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“ duly
authenticated”
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A document is duly
authenticated if it purports to be - signed by a judge or
magistrate of a Commonwealth country making a request;
authenticated by the oath of witness, or of a public officer of a
Commonwealth country making a request; or sealed with an official
or public seal of a Minister or of a department or public office of
the Government, of such a country.
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“non-Commonwealth
country”
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A country other than
one included in the definition of Commonwealth country under the
Act.
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“Property”
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any movable or
immovable property, and includes- any right, interest, title,
claim, chose in action, power, privilege, whether present or future
and whether vested or contingent, in relation to any property, or
which is otherwise of value; any conveyance executed for conveying,
assigning, appointing, surrendering or otherwise transferring or
disposing of immovable property whereof the person executing the
conveyance is proprietor or possessed or wherein he is entitled to
a contingent right, either for his whole interest or for any lesser
interest; any monetary instrument; any other instrument or
securities; any business; and (f) any other tangible or intangible
property.
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WORD OR
PHRASE
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MEANING UNDER
THE ACT
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“Scheme”
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The Scheme for Mutual
Assistance in Criminal Matters within the Commonwealth as agreed by
Law Ministers at their 1986 Meeting in Harare and endorsed by the
Commonwealth Heads of Government at their 1987 Meeting in Vancouver
and any amendment thereof.
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“serious
offence”
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(a) in relation to
Trinidad and Tobago, an offence against the laws of Trinidad and
Tobago for which a sentence of death, or imprisonment for a minimum
term of not less than one year, may be, or is required to be,
imposed; or (b) in relation to a Commonwealth country, an offence
against the laws of the country- for which a sentence such as is
specified in paragraph (a) may be, or is required to be, imposed;
or (ii) the value of the property derived or obtained from the
commission of which is certified by the central authority for the
country to be not less than such amount as is prescribed by or
under the law of that country;
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“Subject to Negative
Resolution of Parliament”
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When used in relation
to statutory documents or instruments, this phrase means that as
soon as may be after they are made, those instruments or documents
shall be laid before the House of Representatives. Where the House
of Representatives, within the prescribed period, resolves that any
of those instruments or documents shall be annulled, that
instrument is void as from the date of the resolution.
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