Section 5, Smuggling Act, 2022

(1) There shall be a Task Force Secretariat, headed by an Executive Director appointed by the President, on the recommendation of the Minister of Social Welfare and subject to the approval by Parliament, to provide administrative, secretarial and other assistance to the Task Force. (2) The Executive Director shall be a person with a Masters Degree in Social Sciences from an accreditted University, with at least 10 years working experience in the field of Administration or related field of Discipline. (3) The Executive Director shall be responsible to the Task Force for – (a) the day-to-day management of the affairs of the Task Force; (b) the administration, organisation and control of the other staff of the Secretariat; Task Force Secretariat. 25. An indictment relating to an offence under this Act shall be preferred without a previous committal for trial and it shall in all respects be deem to have been preferred pursuant to subsection (1) of section 136 of the Criminal Procedure Act, 1965 and shall be proceeded with accordingly. 26. (1) Where an offence under this Act is committed by a body of persons, if the body of persons is – (a) a body corporate, every director or officer of that body shall be deemed to have committed that offence; (b) a firm, every partner of that firm shall be deemed to have committed that offence: (2) A person shall not be deemed to have committed an offence under section (1) if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of the offence. 27. (1) In a proceeding under this Act, electronic evidence is admissible if – (a) all parties to the proceedings agree to it being admitted, or (b) the court is satisfied that it is in the interests of justice for it to be admissible. Indictment preferred without previous committal. Admissibility of electronic evidence. Offences by body of persons. No. 12 The Anti-Human Trafficking and Migrant Smuggling Act, 2022No. 12 The Anti-Human Trafficking and Migrant Smuggling Act, 2022 (c) the management of the funds and other property of the Task Force; (d) organising cooperation with other Governments and international organisations against trafficking, and (e) performing such other functions as the Task Force may determine. (3) In addition to the Executive Director appointed under subsection (1), the Secretariat shall have other staff who may include Directors, Managers, Coordinators or such other officers appointed by the Task Force on terms and conditions as the Task Force may determine from time to time, or seconded from the various Ministries and other organisations represented on the Task Force, for the efficient performance of the functions of the Secretariat.