Where an interim designation is made by the Prime Minister, the Prime Minister MUST as soon as is reasonably practicable, make an application to the National Court for final designation pursuant to Section 9 of the Act. The Court can make a final designation of a person or entity on the following grounds:
- the person or entity is or has been involved in a terrorist act or terrorist financing including attempting, participating in or facilitating a terrorist act or terrorist financing; or
- the person or entity is owned or controlled by a person who is or has been involved in a terrorist act or terrorist financing; or
- the person or entity is acting on behalf of or at the direction of a person or entity that has been involved in a terrorist act or terrorist financing.
Where the Court makes a final designation, it MUST revoke the interim designation. In addition to the final designation, the court may make any other order within its power. Similar to the interim designation, the final designation has immediate effect in PNG which includes the imposing of prohibitions under the Sanctions Act.
DURATION OF FINAL DESIGNATION
A final designation by the Courts will remain in force until:
- The National Court revokes it following an application for revocation by the Prime Minister; or
- a Court revokes it following an appeal or an application for judicial review by the designated person or entity; or
- it expires
Where the Court does not revoke a final designation, the designation will expire three years from the date the final designation was made, unless the designation is revoked beforehand.