INDEPENDENT AMENDMENTS | BILL XVIII/2026
National Crime (Interim) Agency Bill 2026
Independent proposed amendments addressing all 20 clauses of the temporary preparatory agency.
← Entire six-phase submission Official Bill record on Mauritius.name →
The central safeguard
The Interim Agency should be limited to necessary administration, recruitment, procurement, systems design and transition planning. It should not be used to conduct live investigations, coercive operations, interception or operational intelligence activity in advance of the permanent NCA legal safeguards.
Clause-by-clause amendment matrix (Phase V)
| Clause | Proposal | Subject | Main safeguard |
|---|---|---|---|
| 1 | RETAIN | Short title | Retained as adequate. |
| 2 | AMEND | Interpretation | Define preparatory work distinctly from investigation and introduce personal-data safeguards. |
| 3 | REWRITE | Establishment and mandate | Strictly transitional purpose; no coercive, investigative or live-intelligence functions. |
| 4 | REWRITE | Interim Director-General | Independent appointment and removal; no automatic conversion to permanent Director-General. |
| 5 | REWRITE | Director-General powers | Transition planning only, without control of live FCC investigations. |
| 6 | AMEND | Officers | Protect staff rights, command arrangements and role-based information access. |
| 7 | REWRITE | Preparatory recruitment | Merit-based preparatory recruitment subject to permanent NCA safeguards. |
| 8 | AMEND | Experts and consultants | Define roles, conflict controls and prohibit coercive powers. |
| 9 | REWRITE | Organisational structure | Proposals only, not irreversible decisions on permanent operational structure. |
| 10 | REWRITE | Guidelines and Codes | Draft codes cannot independently confer powers or authorise operations. |
| 11 | REWRITE | National Flagging Database | No live database or real-person markers during interim period; synthetic or anonymised testing only. |
| 12 | REWRITE | Operational Protocol | Protect other institutions, ongoing cases, evidence and statutory authority. |
| 13 | REWRITE | Surveillance/Interception Code | Drafting a code must not permit surveillance or interception before lawful authorisation. |
| 14 | AMEND | Interim Agency Fund | Lawful preparatory expenditure only, with comprehensive audit trail. |
| 15 | REWRITE | Estimates | Align estimates and reporting with public-body accounting requirements. |
| 16 | AMEND | Annual report | Disclose recruitment, procurement, systems, expenditure and data governance. |
| 17 | AMEND | Audit report | Avoid first-year reporting exemption and remedy statutory inconsistencies. |
| 18 | REWRITE | Confidentiality | Preserve lawful court, DPP, audit, data-protection and protected disclosures. |
| 19 | RETAIN | Consequential amendment | Retain inclusion in the statutory accounts-and-audit framework. |
| 20 | REWRITE | Commencement and cessation | A real sunset provision, tightly limited parliamentary extension and lawful transfer or destruction of data and records. |
Duration and cessation
Under the independent proposed consolidated text in Phase VI, clause 20 provides for cessation on the earlier of the permanent NCA establishment or 12 months from the Interim Agency’s establishment, with one parliamentary extension not exceeding six months if the permanent NCA has not commenced. These are proposed limits, not a statement of the currently enacted law.
Complete legislative text
Phase V provides the detailed amendments and reasons for all 20 clauses. Phase VI, Document II provides their consolidated proposed text. The table above is an editorial guide, not a full reproduction.
Original documents and complete legislative wording
The source documents are the six-phase technical package dated 27 September 2026. A PDF link appears only after its original file has been attached and its URL entered by the site administrator.
- Phase I - Covering Letter and Executive Legislative Brief Read original PDF ↗
- Phase V - Interim Bill, clauses 1-20, comparative amendments and reasons Read original PDF ↗
- Phase VI - Consolidated proposed legislative text of both Bills Read original PDF ↗