National Crime (Interim) Agency Bill 2026

INDEPENDENT AMENDMENTS | BILL XVIII/2026

Independent proposed amendments addressing all 20 clauses of the temporary preparatory agency.

27 September 2026Dave Kissoondoyal, LL.M. (Cyberlaw) | MBA (Information Systems)

Independent proposal, not an official Bill. This analysis and the six-phase amendment package were prepared from the two Bills circulated in September 2026. They do not constitute Government legislation, an enacted Act or Parliamentary Counsel text. The precise wording must be reconciled against the Bills subsequently listed on the Order Paper of 20 October 2026 (Nos. XVII and XVIII) and related Bills before any clause-by-clause comparison is described as current.

← 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 ↗

National Crime (Interim) Agency Bill 2026 – Independent Amendments