ACT No. XVIR of 1996 An Act to rep/ace section 6 of the Official Secrets Ordinance by provisions protecting more limiud classes of official information. (ooulliu)

(1.S.)

Uoo MIfSUD BONNICI

President

26th July. 1996

ACT No. XVIR of 1996

An Act to rep/ace section 6 of the Official Secrets Ordinance by

provisions protecting more limiud classes of official information.

BE IT ENACTED by lhe President, by and with advice andconscnt

of the House of Representatives, in this present Parliarnenl assembled,

and by the authority of the same, as follows: -

( I ) This Act may be cited as the OHicial Secrets StIonIilk

(Amendment) Act, 1996 and shall be read and construed as one with : . ~

the Official Secrets Ordinance, hereinafter referred to as 'ibeOrdinance", CAp».

(2)

This Acl shall come into force in such date as the Prime

Minister may by nOlice in the Gazette establish and different dales may

be so established for different provisions or different purposes.

(1) For the words "Official Secrets Ordinance" in the title GmmoI

m

and in section I of the Ordinance there shall be substilUted the words

"Official Secrets Act",

(2) Section t3 of the Ordinance shall be repealed. and

sections 7 to 12 and 14 to 18 of the Ordinance shall be renumbered

respectively as sections 15 to 20 and sections 21 to 25.

(3) (a) Any reference in any law to the Official Secrets

Ordinance shall be read as a reference to the Official Secrets Act;

(b) Any reference in the Ordinance or in any other

law enacted before the coming into force of this Act, to any of

sections 7 to 12 and sections 14 to 18 of the Ordinance shall be

read as a reference to the respective section as renumbered by this

(4) In the Ordinance other than in sections 19 and 24 as

renumbered by subsection (2) of this section, for the words "this

Ordinance" wherever they appear there shall be substituted the words

(I) For section 2 afthe Ordinance there shall be substituted

2 . (I)

In this Act , unless the context otherwise

requires

"disclose" and "d isclosure" in relation to a

document or other article. include parting with possession

of it;

"document" includes part of a document;

"Governme nt contractor" means subject to

subsection (3) of Ihis section, any person who is not a

public servant but wh.o provides, or is employed in th.e

provision of, goods or services -

(a) for th.e purposes o f any Minister or

Parliamentary Secretary, of any of the services,

forces or bodies mentioned in the definition of

public servant or of the holder of any office

prescribed under that definition; or

(b) under an agreement or arrangement

cenified by the Prime Minister or by the Minister

as being one to which the government of a State

other than Malta or an international organisation is

a pany or which is subordinate to, or made for the

purposes of implementing, any such agreement or

arrangement;

"international organisation" means, subjcct to the

following subsections of this section, an organisation of

which only States are memben and includes a reference

10 any organ of such an organisation;

"Minister" means the Minister from time to time

designated by the Prime Minister as being responsible

for the Security Service;

"model" includes design, pattern, and specimen;

"munitions of war" includes the whole or any part

of any ship, submarine, aircraft, tank, or similar engine,

arms and ammunition, torpedo or mine intended or

adapted for use in war, and any other article. material or

device. whether actual or proposed, intended for such

use;

"offence under this Act" includes any act. omission.

or other thing which is punishable under this Act;

"prescribed" means prescribed by an order made

by the Prime Minister;

"prohibited place" means -

(a) any work of defence. arsenal. naval.

military or airforce establishment or station. with

the water adjacent thereto. factory .dockyard. mine.

minefield, camp. ship or aircraft belonging to or

occupied by or on behalf of the Government of

Malta. or any telegraph, telephone, wireless or

signal station or office so belonging or occupied,

and any place belonging to or occupied by or on

behalf of the Government of Malta and used for

the purpose of building, repairing. making or storing

any munitions of war , or any sketches, plans,

models or documents relating thereto, or for the

purpose of getting any metals, oils or minerals of

use in lime of war; and

(b) any place not belonging Co Che

Government of Malta where any munitions of war

or any sketches, models. plans, or documents

relating thereto, are being made, repaired, gotten,

or stored under contract with , or with any person

on behalf of me Government ofMaha or otherwise

on behalf of the Government of Malta; and

(c) any place belonging to or used for the

purposes of the Government of Malta which is for

ti me being declared by the Prime Minister to

the time

be a prohibited place for the pu.rpo5('s

purpo5('s of this section

on the ground that information with respect thereto,

or damage therelo,

thereto , would be useful 10 any eoc

eoemy;

my;

"'.

on.

(d) any

road, way. or

channel, or

other means

orcbannel,

orother

anyroad,

conununication by land or water (including any

of communication

works or structures being part thereof or connected

therewith) or any place used for gas, water, or

worts or other works for purposes of a

electricity works

public character, or any place where any munitions

of war or any ships,

ships. arms,

anns, or other materials or

instruments of use in time of war, or any sketches,

models, plans or documents relating thereto, are

being made, repaired,

repaired. or stored otherwise than on

behalf of the Government of Malta. which is for

lared by the Prime Minister to

declared

the time being dec

be a prohibited place for the purposes of this section,

on the ground that information with respect thereto,

or the destruction

destruc tion or obs!ruction

obslruction thereof, or

interference therewi

th, would be useful 10 any

therewith,

enemy;

"public serv

servant"

anl" means -

<a)

a Minister or Parliamentary Secretary;

(b)

any public officer;

(c) any member of and any other person

employed or appointed in or for the purposes of

the Armed Forces of Malta;

(d) any member o of f and any other person

pe rson

employed or appointed in or for the purposes of

the Malta Police Force as we

ll as of any other

well

disciplined force of the State;

(e) any person who is a member or employee

of a prescribed body or a body of a prescribed class

ei ther is prescribed for the purposes of this

and either

paragraph

ragraph or belongs to a presc

prescribed

ribed class of

pa

members or employees of any such body;

(f)

an)' person who is the holde

holder r of a

prescribed office or who is an employee of such a

holde r and either is prescribed for the purposes of

holder

this paragraph or belongs to a prescribed class of

such employees;

"Security Service" means the service referred to in

the Security Service Act, 1996;

"sketch" incl udes any photograph or other mode

o f representing any place or th ill!!;

"State" includes the government of a State and any

organ of its government.

In this Act -

(2)

expressions referring to communicating o r

rece iving include any communication or receiving,

whether in whole or in part, and whether the skeoch , plan,

model , article, note, document, or information itse lf or

the substance, effect, or description thereof only be

communicated or rece ived;

expressions referring to obtaining or retaining any

sketch, plan, model, an icle, note, or document , include

the copying or causing to be copied the whole or any

part of any sketch, plan, model, article, note or document;

"'.

expressions referring to the communication of any

sketch, plan, mode l, article, n()(e, or document, include

the transfer or transmission of the sketch, plan, model ,

article, note or document.

(3) Where an employee or class of employees of

any body , or of any holder of an o ffice, is prescribed by an

order made for the purposes of the defi nition of public servant

in subsection ( I) of this section -

(a) any employee of that body, or of the holderof

that omce, who Is not prescribed or is not within the

prescribed class; and

(b) any person who does not provide, or is not

employed in the provision of goods or services for the

pu rposes of the performance of those functions of the

body or the holder of the office in connection with which

the em ployee or prescribed class of employees is

engaged,

shall not be a Government contractor for the purposes of this

(4) (a) The reference 10 an international

organisation in parag rap h (b) of the defi nition of

government contractor in subsection ( 1) of this section

incl udes a reference to any such organisation whethe r

or 1'101 oncofwhich only Slates are members and includes

a commercial organisation.

(b) In determini ng for the purposes of

subsection (I) of this section whether only States are

members of an organisation, any member which is itself

an organisation of which only States are members, or

which is an organ of such an organ of such a n

organisation, shall be treated as a State.

In paragraph Cd) of subsection (1) of section 4 ortlle Ordinance

for the words "a person bolding. or in the employment of a person

ho ldi ng office under the Government of Malta" there shall be substituted

the words "a public servant or a Government contractor" .

S. For section 6 of the Ordinance there shall be ~ubsti tuted the

following sections 6 to 14.

Minflok I-artikolu 6 ta' l-Ordinanza ghandhom jidhlu dawn 1-

artikoli 6 sa 14 Ii gejjin:-

A person who is or has been-

(I)

a me mber of the Security Service, or

(a)

(b) a person notified that he is subject to the

provisions of this subsection,

is guiily of an offence if without lawful au thority he discloses

any infonnation, document or other anicle re lating to security

which is or has been in his possession by vinue of his position

as a member of that service or in the course of his work while

the notification is or was in force.

(2) T he refe rence in subsection ( I) above to

disclosing information relati ng to security includes a reference

to maki ng any statemcnt which purpons to be a disclosure of

such infonnation or is intended to be taken by those to whom

it is addressed as being such a disclosure.

(3) A person who is or has been a public servant

or government contractor is guilty of an offence if without

lawful au thority he makes a damaging disclosure of any

infonnation, document or other anicle relating to security which

is or has been in his possession by virtue o f his position as

such but otherwise than as mentioned in subsection ( I) above.

For the purposes of subsection (3) above a

(4)

disclosure is damaging if

(a) it causes damage to the work of, or of any

part of, the Security Service; or

(b) it is of infonnation or a document or other

article which is such that its unauthorised d isclosure

would be likely to cause such damage or which falls

within a class or description of infonnation, documents

or articles the unauthorised disclosure o f which would

be likely to have that effect.

(5) It is a defence for a person charged with an

offence under this section to prove that at the time of the alleged

offence he did not know, and had no reasonable cause to believe,

that the infonnation, document or article in question related to

securi ty or, in the case of an offence under subsection (3), that

the disclosure would be damaging within the meaning of that

subsection.

(6 ) Notification that a perso n is subject to

subsection (I) above shall be effected by a notice in writing

served on him by the Prime Minister or the Minister, and such

a notice may be served if, in the opinion o f the Prime Minister

or the Minister, the work undertaken by the person in question

is or includes work connected with the Security Service and

its nature is such th at tbe interests of nati onal security require

that he should be subject to the provisions of that subsection.

(7) Subject to subsection (8) below, a notification

for the purposes of subsection ( I) above shall be in force for

the period of five years beginning wi th the day on which it is

served but may be renewed by funher notices under subsection

(6) above for periods of five years at a time.

(8) A notification for the purposes of subsection

(I) above may at any time be revoked by a further notice in

writing served by the Prime Minister or the Minister on the

person concerned; and the Prime Minister or the Minister shall

serve such a further nOlice as soon as, in his opinion, the work

undertaken by that person ceases to be such as is mentioned in

subsection (6) above.

(9) In this section "security" means the wort of,

or in suppo" of, the Security Service or any pan o f it. and

references to information relating to security include references

to infonnation held or transmiued by that Service or by persons

in support of, or of any pan of it.

( I) A person who is or has been a public servant

or Government contractor is guilty of an offence if without

lawful authority he makes a damaging disclosure of any

information, documcm or other article relating to defence

which is or has been in his posseSSion by virtue or his position

as such.

(2) For the purposes of subsection (1) above a

disclosure is damaging if -

(a) it damages the capability of, or of any pan of,

the armed forces to carry out their tasks or leads to loss

of life or injury to members of those forces or serious

damage 10 theequipmem or installations of those forces;

0'

(b) otherwise than as mentioned in paragraph (a)

above, it endangers the interests of Malta abroad,

seriously obstructs the promotion or protection by Malta

of those interests or endangen the safety of Maltese

citizens abroad; or

(c) it is of information or of adocument or article

which is such that its unau thorised disclosure would be

likely to have any of those effects.

(3) It is a defence for a person charged with an

offcocc undcr Ihis seclion 10 prove thaI al the timc of the

alleged offence he did nOl know, and had no reasonable cause

to believe, that the information, document or article in question

related to defence or that its disclosure would be damaging

within the meaning of subsection (I) above.

(4)

In this section "defence" means -

(a) the size, shape, organisation.logiSlicS. order

of battle. deployment, operations. state of readiness and

training of the anned forces of Malta;

the weapons, st.ores or other equipment of

(b)

those forces and the invention, development, production

and operation of such equipment and research relating

to it;

(c) defence policy and strategy and military

planning and intelligence;

(d) plans and measures for the maintenance o f

essential supplies and services that are or would be

needed in time of war.

(I) A person who is or has been a public servant

or GovernmeOl contractor is gUilty of an offence jf without

lawful authority he makes a damaging disc losure of -

(a) any infonnation, document or other article

relating to international relations; or

any confidential infonnation, document of

(b)

other anicle which was obtained from a State other than

Malta or an international organisation,

being infonnation or a document or anicle which is or has

been in his possession by vinue of his position as a public

servant or Government contractor.

(2) For the purposes of subsection (I) above I

disclosure is damaging if -

(a) it endangers the interests of Malta abroad,

seriously obstructs the promotion or protection by Malta

of those interests or endangers the safety of Maltese

citizens abroad; or

it is ofinfonnation or of a document or article

(b)

which is such that its unauthorised disclosure would be

likely to have any of those effects.

(3) In the case of infonnation or a document or

article within paragraph (b) of subsection (1) above -

(a)

the fact that it is confidential, or

its nature or contents,

(b)

may be sufficient to establish for the purpose of paragraph

(b) of subsection (2) above that the information, document or

article is such that ils un authorised disclosure would be likely

to have any of the effects there mentioned.

(4)

It is a defence for a person charged with an

offence under this section to prove that at the lime of tbe

alleged offence be did not know, and had no reasonablecau.se

to believe, thai the information, docu ment or article in question

was such as is mentioned in subsection ( 1) above or thai its

disclosure would be damaging within the meaning of that

subsection.

(5)

In thi s section "intemational relations" means

t he re latio ns between Stales, between international

organisations or between onc or more States and one or more

such organisations and includes any matter relating to a State

other than Malta or to an international organisation which is

capable of affecting the relations of Malta with another State

or with an internation al organisation.

(6 ) For th e purposes of th is sec t ion any

information, document or article obtained from a State or

organisation is confidenti aJ at any time whi le the terms on

which it was obtained require it to be held in confidence or

while the circumstances in which it was obtained make it

reasonable for the State or organisation to expect that it would

be so held.

9 . (I) A person who is or has been a public servant

or government contractor is guilty of an offence if without

lawful authority he discloses any infonnation, document or

other article 10 which this !l;eClion applies and which is or has

been in his possession by virtue of his position as such.

(2 ) Th is section applies to any information,

document or ot her anicle-

(a)

the disc losure of which-

(i)

results in the commissio n of an offence;

(ii) facilitates an escape from legal custody

or Ihe doi ng of any Olher act prej udicial 10 the

safekeeping o f persons in legal custody; or

(iii) impedes the prevention or detection of

offences or the apprehension or prosecution of

suspected offenders; or

(b) which is such that its unauthorised disclosure

would be likely to have any of those effects.

(3) This section also applies to any information

obtained by reason of action authorised by a warrant issued

under section 6 of the Security Service Act, 1996, or by an

authorisalion given un de r section 9 of that Act, any

information relating to the obtaining ofinfonnation by reason

of any such action and any document or other article which is

or has been used or held for use in, or has been obtained by

reason of, any such action.

(4) It is a defence for a person charged with an

offence under this section in respect of a disclosure fall ing

within paragraph (a) of subsection (2) above to prove that at

the time of the alleged offence he did not know, and had no

reasonable cause to believe, that the disclosure would have

any of the effects there mentioned.

(5) It is a defence for a person charged with an

offence under this section in respect of any other disclosure

to prove that at the time of the alleged offence he did not

know, and had no reasonable cause to believe, that the

information, document or article in question was information

or a document or article 10 which this section applies.

(6) I n this section " legal custody" includes

de tention in pursuance of any enactment or any instrument

made under an enactment.

(1) Pe rsu na Ii tkun jew Ii kienet funzjonarju

~ ''; pubbliku jew kuntraUat mill-Gvem tkun hatja ta' reat jekk

.;:::.r." hija liber mingbajr awtorilllegittima xi infonnazzjoni,

dokumenljew oggelt iehor Ii dan I-artikolu japplika ghalihom

u Ii jkunjew Ii kien ghandha minhabba fiI-kariga taghha bhala

tali.

(2) Dan I-arli kolu jappJilca

ghal

kull

infonnazzjoni, dokument jew oggett iehor-

(a)

Ii I-hif laghhom-

(i) jirrii.ulta n-ghemil ta' reat; jew

(H) jiffaeilita harba minn kustodja legalijew

I-ghemil ta' xi at! bi pregudizzju ghas-salvagwardja

la' persuni Ii jkunu qedjiniammu fkustodja legali;

jew

(Hi) jimpedixxi I-prevenzjonijew il-bifla'

reali jew i1-qbid jew il-prosekuzzjoni la' persuni

suspetti; jew

(b) Ii jkunu tali Ii 1-lotifmhux aWlorizzat laghhom

x'aklarx ikollu xi wiehed minn dawk l-cffeui.

(3) Dan 1-artikolu japplilca wkoll ghall kull

informazzjoni miksuba rninhabba Cazzjoni aWlo rizzala

b' mandat mahrug bis-sahha la' I-artikolu 6la' I-Au la' I-I996

dwar Servin la' Sigurtll,jew b'awtorizzazzjoni moghlija bis-

sahha ta'l-artikolu 9 la' dak I-All,kull informazzjoni Ii jkollha

x' taqsam mal-ksib la' infonnaz.zjoni minhabba rkull azzjoni

bhal dik u kull dokument jew oggett iehor Ii jkun jew Ii gie

ul.atjew lijiniamrnjew iniamm ghall-uw fi,jew ikun inkiseb

minhabba fi, kull azzjoni bhal dik.

(4 ) Tkun difiia ghal persuna Ii tkun akkuzata

b'reallahl dan l-anikolu Ii ggib praya ghar-rigward la' bifli

jaqa' tal'll i1-paragrafu (a) tas-subartikolu (2) la' dan I-artikolu

Ii fil-waqt tar-reat allegat hija ma kienetx taf, u ma kellha

ebda raguni Ii lemmen,li I-kxifkien se jkollu xi wiehed mill-

effeui hemm imsernmija.

(5) Tkun difiza ghal persuna Ii Ikun akkuiata

b'reat laI'Il dan I-anikolu Ii ggib praya ghar-rigward ta' kull

Ior.if iehor Ii fil-waqt tar-reat allegat hija ma kienetx taf, u rna

kellha ebda ragun i Ii lemmen, Ii I-informaz.zjoni, dokumenl

jew oggeu relatliYi kien u infonnazzjoni jew dokumen t jew

oggeul i ghaJihom japplika dan I-anikolu.

(6) P'dan I-artikolu "kustodja legali" tinkludj

detenzjoni b'konsegwenza ta' xi legislazzjoni jew ta' xi

strumenl maghmul bis-sahha la' xi legislazzjoni.

(I)

Subsection (2) below applies where -

.... 11ilII from

(a) any information, document or other article

diocl<>oumo Of

protected against disclosure by the foregoing provisions

in confidence.

of this Act has come intoa person's possession as a result

of having been -

(i) disclosed (whether to him or another) by

a public servant or government contractor without

lawful aUlhoriiy; or

(ii) entrusted to him by a public servant or

Governmen t contractor on tCflDll requiring it to be

held in confidence or in circumstances in which

the public se rvant or Government contractor could

reasonably ellpecl that it would be so held; or

(iii) disclosed (whether to him or another)

without lawful authority by a person 10 whom it

was entrusted as mentioned in sub-paragraph (ii)

above; and

the disclosure without lawful authority ofthe

(b)

in[onnation, document or article by the person into

whose possession it has come is not an offence under

any of those provisions.

(2)

Subject to subsections (3) and (4) below, the

person into whose possession the infonnalion, document or

article has come is guilty of an offence ifhe discloses it without

lawful authority kn owing , or having reasonable cause to

believe, thaI it is protected against disclosure by the foregoing

provisions orlhis Act and thai it has come into his possession

as mentioned in subsection (I) above.

(3) In the case or infonnation or a document or

article protected against disclosure by sections 6 to 8 above.

a person does nOl commit an offence under subsection (2)

above unless -

(a)

he disc losure by hi m is damaging: and

(b) he makes it knowing. or having reasonable

cause to believe, that it would be damaging;

and the question whether a disclosure is damaging shall be

detennined for the purposes of this subsection as it would be

in relation to a disclosure of that information. document or

article by a public servant in contravention of subsection (3)

of section 6. subsection ( I) of section 7 or subsection ( I ) of

section 8 above.

(4) A person does not conunit an offence under

subsection (2) above in respect of information or a document

or other article which has come into his possession as a result

of having been disclosed-

(a) as mentioned in sub-paragnph (i) ofparagnph

<a) of subsection (1) above by a government Contnlctor,

(b) as men tioned in sub-paragraph (iii) of

paragnph (a) of subsection (I) above,

unless that disclosure was by a Maltese citizen or took place

in Malta.

(5) For the purposes of this section information or a

documen t or article is protected against disclosure by the

foregoing provisions of this Ac t if-

(a) it relates to security, defence or international

relations within the meaning of section 6, 7 or 8 above

or is such as is mentioned in paragraph (b) of subsection

( I ) o f section 8 above; or

(b) it is inform ation or a document or article to

which section 9 above applies;

and infonn ation or a document or article is protected agai nst

disclosure by sections 6 to 8 above ifit falls wi thin paragraph

(a) above .

(6) A person is guilty of an offence if without lawfu l

authority be disc loses any information , document or other

article which he knows, or has reasonab le cause to believe to

have come into his possession as a result of a contravention

of section 3 of this Act.

(I ) This section applies where -

(a) any information, document or other arnele

which-

(i) relates to security, defence or international

relations; and

has becncommunicated in confidence by

(ii)

or on behalf of Malta 10 another State or to an

international organisation,

has come into a person's possession as a result of having .

been disclosed (whethe r to hi m or another) withoullhe

authority of that State or organisation or, in the (;asc uf

an organisation, of a member of it; and

(b) the disclosure withoutlawCul authority of

the infonnation, document or article by the person into

whose possession it has come is nOI an offence under

liny of the fureguing provillilJfls of this Act.

(2) Subject 10 subsection (3) below, the person

into whose possession the infonnation, document or article

has come is gUilty of an offence if he makes a damaging

disclosure of it knowing. or having reasonable cause to

believe, that it is such as is mentioned in subsection (I) above,

that it has come into his possession as there mentioned and

that its disclosure would be damaging.

(3) A person docs not commit an offence under

subsection (2) above if the infonnation, document or article

is disclosed by him with lawful authority or has previously

been made available to the public with the authori ty of the

State or organisation concerned or, in the case of an

organisation. of a member of it.

(4) For tbe purposes of this section "security".

"defence" and "international relations" have the same meaning

as in sections 6. 7 and 8 above and the question whether a

disclosure is damaging shall be detennined as it would be in

relation to a disclosure of the infonnation, document or article

in question by a public servant in contravention of subsection

(3) of section 6, subsection (I) of section 7 and subsection

( I) of section 8 above.

For the purposes of this section information

(5)

or a document or article is communicated in confidence if it

is conununicated on terms requiring it to be held in confidence

or in circumstance in which the person conununicating it eQuid

reasonably expect that it would be so held.

For the purposes of this Act a disclosure

( I)

Dan I-artikolu japplika meta-

(a) xi infonnazzjoni.dokumentjew oggen ichor

Ii -

(i) jkollu x'jaqsam rna' siguru., difiia jew

rclazzjonijict intcmazzjonali , U

(ii) jkun g-ie komunikat b'mod ufficjali minn

jew f'is em Malta Iii xi Stat ichor jew iii xi

organizzazzjoni intemazzjonati,

jkun gie fiI- pusses.s la' persuna billi jkun inkixef (lilu

jew iii xi hadd iehor) minghajr J-awloritA la' dak I-Istat

jew organizzazzjoni jew, fiJ -kai ta' organiZ2D2Zjoni. ta'

xi membru taghha; u

(b)

il-kxif minghajr awtoritl legittima ta' 1-

informazzjoni, dokument jew aggen mill-persuna Ii

jkunu gew fil-pussess taghha majkunx reat taht xi waMa

mid-dispozizzjonijiet ta' qabel ta' dan I-Att.

(2) Bl a hsara ghas-subani kolu (3) t a' dan 1-

art ikolu, iI-persuna Ii jkoll ha pussess ta' l-informazzjoni,

doku ment jew oggett lleun halja ta' reat jekk hija taghmel

kxi f laghhom meta Ikun tar, jew ikoJlha raguni bii-icjjed

b iex le mme n, Ii dawn h uma lax-xona msem m ija fis-

subartikolu (1) ta' dan l-art.ikolu,li gew fi l-pussess lieghu kif

hem rn imsemmi u Ii I-b.if laghhom ikun ta' hsara.

(3) Persuna rna taghrnilx real tal'll is-subartikolu

(2) la' dan I-artikolu jekk I-info rmazzjoni, dokument jew

oggetl jinkixfu minnu b'awtoritA legitti ma jew ikunu qabel

saru disponibbli ghall. pubbliku bl-awtoritA ta' I-Istatjew ta'

l-organizzazzjoni in voluta jew, fil- kaz ta' organizzazzjoni ,

ta' xi membru taghha.

(4) Ghall-ghan ijiet ta' dan I-artikolu "sigurt!" ,

"difi:ia" u "relazzjonijiel intemazzjonali" ghandhom I·istess

tifs ir bhalma ghandh om fl-anikoli 6,7 u 8 ta' dan I·Att u I·

kwistjoni dwar jekk kxif ikunx ta' hsara jew Ie gh.andha ligi

deci za bhalma Iku n gha r. rigw a rd ta ' kxif ta' dik 1-

infonnazzjoni, dak id-dokument jew dak I-ogget! minn

funzjomuju pubbliku hi bur tas-subartikolu (3) ta' \-artikolu

6, tas-subartikolu (1) ta' \-artikolu 7 u tas-subartikolu (I) ta'

l-artikolu 8 la' dan J-Au.

(5) Ghall-ghanijict la' dan l-arliko1u ,

inforrnazzjoni jew dokument jew oggell jigu komunikati

b'mod konfidenzjaJi jekk dawn jigu komunikati b'patti Ii

jehtiguhomjiniammu b'mod konfidenzjaJi jew rcirkostanzi

Ii fihom min jikkomunikahom jisla' b'mod ragonevoli

jipprctcndi Ii jkunu hekk se jiniammu.

(1) Ghall-ghanijict ta' dan I-At! kxif minn -

( 1)

by -

(a)

a public servant; or

(b) a person, not being a public servant or

government contractor, in whose case a notification for

the purposes of subsection ( I) of section 6 above is in

force ,

is made with lawful authority if, and only if, it is made in

accordance with his official duty.

(2) For the purposes of this Act a disclosure by a

government contractor is made with lawful authority if, and

only if, it is made -

(a)

in accordance: with an official authorisation;

0'

(b) for the purposes of the function s by virtue of

which he is a government contractor and without

contravening an official re.~triclion .

(3) For the purposes of this Act a disclosure made

by any other person is made with lawful authority if,and only

if, it is made -

(a) to a public servant for the purposes of his

functions as such; or

in accordance with an official authorisation.

(b)

(4) It is a defence for a penon charged with an

offence under any of the foregoing provisions of this Act to

prove that at the time of the alleged offence he believed that

he had lawful authority to make the disclosure in question

and had no reasonable cause to belie ve otherwise.

(5) In this section "official authorisation" and

"official restriction" mean, subject to subsection (6) below,

an authorisation or restriction duly given or imposed by a

public servant or government contractor or by or on behalf of

a prescribed body or a body of a prescribed class.

(6) In relation to section II above "official

authorisation" includes an authorisation duly given by or on

behalf of the State or organisation concerned or, in the case

of an OTBRniSRlion, a member of it.

(I) Where a public servant or government

contractor, by virtue of his position as suc h, has in his

possession or under his control any document or other article

which it would be an offence: under any of the foregoing

provisions of this Act for him 10 disclose without lawful

authority he is guilty of an offence if -

(a) being a public servant, he retains the document

or article conlrary to his official duty; or

(b) being a Government contractor, he fai ls to

comply w ith an offkial direction for the return or disposal

of the document or article,

or if he fail s to take such care to prevent the unauthorised

disclosure of the document or article as a person in his position

may reasonably be expected to take.

II is a defence for a public servant charged

(2)

with an offence under parngmph (a) ofsubsection (I ) above

to prove that at the time of the alleged offence he believed

that he was aCling in accordance with his official duty and

had no reasonable cause to believe othetwise.

In subsections (I) and (2) above references to

(3)

II. public servant include any person, nor being a public servant

or government contractor, in whose case a notification for

the purposes of subsection (I) of section 6 above is in force.

(4) Where a person has in his possession or under

his control any document or other article which it would be

an offence under section 10 above for him to disclose without

lawful authority, he is guilty of an offence jf -

<a) he fails to comply with an official direction

for its retum or disposal; or

where he obtained it from a public servant or

(b)

Government contractor on terms requiring it to be held

in confidence or in circumstances in which that servant

or contractor could reasonably expect that it would be

so held , he fails to take such care to prevent its

unauthorised disclosure as a person in his position may

reasonably be expected to lake.

(5) Where a person has in his possession or under

his control any document or othe r article which it would be

an offence under section II above for him to disclose without

lawful authority, he is guilty of an offence ifhe fails to comply

with an official direction for its return or disposal.

(6) A person is guilty of an offence ifhe discloses

any official information, document or other article which can

be used forthe purpose of obtaining access to any infonnation,

document or other article protected against disclosure by the

foregoing provisions of this Act and the circumstances in

which it is disclosed are such that it would be reasonable to

expect thaI it might be used for that purpose without authority.

(7) For the purposes of subsection (6) above a

person discloses information or a document or article which

is official if -

(a) he has or has had it in his possession by virtue

of his position as a public servant or Government

contractor; or

he knows or has reasonable cause to believe

(b)

thai a public servant or government contractor has or

has had it in his possession by virtue of his position as

such.

(8)

Subsection (5) of section 10 above applies for

the purposes of subsection (6) above as it applies (or the

purposes of that section.

(9) In this section "officiaJ direction" means a

direction duly given by a public servant or government

contractor or by or on behalf of a prescribed body or a body

of a prescribed class.

(I) Every person charged with an offence under

sections 6 to 13 of this Act other than subsection (I), (4) or

(5) of section 13 shall be liable, on conviction, in respect of

each offence, to imprisonment for a tenn not exceeding two

years or to a fine (mulLa) not exceeding five thousand liri or

to both such imprisonment and fine,

(2) A person guilty ofan offence under subsection

(I), (4) or (5) of section 13 o f this Act shaH be liable on

conviction to imprisonment for a tenn not exceeding three

months or a fine (mulla) not exceeding two thousand liri or

to both such imprisonment and fine,",

6. In section IS of the Ordinance, as renumbered by section 2 of _ 0 1

this Act, for the words ''ten li ri" there shall be substituted words "a ~'1.1! ,0I1ho

hundred liri",

7, In section 18 of the Ordinance as renumbered by section 2 of Amtndmcll\

this Act, for the words "President of Malta" wherever they occur there .~-=.ll oflho

shall be substituted the words "Attorney General",

8. In section 19 of the Ordinance as renumbered by section 2 of

this Act for the words "an offenceunderthis Ordinance" wherever they

occur there shall be substituted tbe words " an offence under this Act,

other than an offence under subsections (1), (4) and (~) of section 13".

9. Section 21 of the Ordinance as renumbered by section 2 of

Ihis Act shall be amended as follows:-

(a) for the wo rd " telegram" and the word " te legrams"

wherever they occur . the re shall be substituted the words

"communication" and "communications" respectively;

(b)

for the words "postal packets" and the words Mposlal

packet" wherever they occur there shall be substituted the words

"packets" and "packet" respectively;

(c)

in subsection (I) thereof

(i) for the words "to the superintendent of police" and

the words "by the superintendent of Police" wherever they

occur there shall be substituted respeetive1y the words "to

the Commissioner of Police" and "by the Commissioner of

Police";

(ii) the words "for the district in which such business

is carried on" shall be deleted; and

(iii) for the words "each superintendent of Police" there

shall be substituted the words "the Commissioner of Police";

(d)

in subsection (2) thereof

(i) for the words "cause to be entered in a book kept

for the purpose" there shall be substituted the words "make a

record for retention purposes";

(ii) for the words "date of posling (as shown by the

postmarkin g)" in paragraph (c) thereor, Ihere Shlll! be

substituted the words "date of sending"; and

for the words from "and shall nol deliver" to the

(iii)

words "in such book as aforesaid", there shall be substituted

the words "and shall not deliver a packet to any person until

that person has signed a receipt for the same";

(e) in subsection (3) thereof, forthe words from "The books

so kept" to the words "packets received" there shall be substiMed

the words "the records so kept";

( f)

in subsection (4) thereof: -

0) for the words "of Judicial Police" there shall be

substituted the words "(Malta) or the Court of Magistrates

(Gozo) as the case may be"; and

for the words "ten liri " there shall be substituted

(ii)

the words "one hundred liri"; and

(g) immediately after subsection (6) thereof, there shall be

added the followin g

"(7) Forthe purposes oflhis section the word "packet"

shall have the same meaning attributed to the word "packet"

in section 2 of the Post Office Act." .

10. In section 24 of the Ordinance as renumbered by section 2 of .. ~~~

this Act, for the words "an offence under this Ordinance" wherever : : - - ~

they occur there shall be substituted the words "an offence under this 0rdiJIan00 .

Act, other than an offence under subsections (I ). (4) or (5) of section

13", and for the words "President of Malta" in subsection (2) thereof,

there shall be substituted the words "Attorney General".

11. lmmediately after section 25 of the Ordinance, as renumbered ~ cI

:w.:~;­

by section 2 of this Act there shall be added the following sections

.~

(I) The Prime Minister may by order prescribe

anything that in accordance with this Act may be prescribed.

(2) Any power of the Prime Minister or the

Minister under this Act to make orders shall be exercisable

by legal notice.

Any act done by a Maltese citizen or public servant

shall, if it would be an offence by that person under any

provision of this Act when done by him in Malta, be an offence

under that provision wherever such offence may have been

done ....

A

Passed by the House of Representatives at Sitting No. 565 of the 16th July ,

1996. LAWRENCE GoNZl

Speaker

RICHARD J. CAUOU

Clerk to the House of Repre:Jentatives.