SECURITY SERVICE ACT

SECURITY SERVICE

CHAPTER 391

SECURITY SERVICE ACT

To make provision about the Security Service including provision for the

issue of warrants and authorisations enabling certain actions to be taken

and for the issue of such warrants and authorisations to be kept under

review; to establish a procedure for the investigation of complaints about

the Security Service and to make provision for the establishment of a

Security Committee to scrutinise this Service; to prohibit the interception

of communications and for connected purposes.

(26th July, 1996)

(6th September, 1996) *

Enacted by ACT XVII of 1996 as amended by Acts XVI of 1997 and

XXI of 2020.

This Act may be cited as the Security Service Act.

(article 13)

INVESTIGATION OF COMPLAINTS

Preliminary

1. Any person may complain to the Commissioner if he is aggrieved by

anything which he believes the Security Service has done in relation to him or to any

property of his; and unless the Commissioner considers that the complaint is

frivolous or vexatious he shall deal with it in accordance with this Schedule.

Investigations by the Commissioner

2. The Commissioner shall investigate -

(a) whether the Security Service has obtained or provided information or

performed any other tasks in relation to the actions or intentions of the

complainant; and

(b) if so, whether the Security Service had reasonable grounds for doing

what it did.

Functions of the Commissioner in relation to complaints

3. (1)

The Commissioner shall investigate, as the case may require -

(a) whether a warrant was issued under article 6 in relation to the property

or communications concerned; or

(b) whether an authorisation was given under article 9 to the doing of the

act in question.

(2) If the Commissioner finds that a warrant was issued or an authorisation was

given, he shall determine whether the Minister was acting properly in issuing,

modifying or renewing the warrant or, as the case may be, in giving, modifying or

renewing the authorisation.

Report of conclusions

4. (1) Where the Commissioner determines under paragraphs 2 or 3 that the

Security Service or the Minister did not have reasonable grounds for doing what it or

he did, he shall -

(a) give notice to the complainant that he has made a determination in his

favour; and

(b) make a report of his findings to the Prime Minister.

(2) Where in the case of any complaint no such determination as is mentioned in

sub-paragraph (1) is made by the Commissioner, he shall give notice to the

complainant that no determination in his favour has been made on his complaint.

Special references

5. If in any case investigated by the Commissioner -

(a) his conclusions on the matters which he is required to investigate are

SECURITY SERVICE

such that no determination is made by him in favour of the complainant;

but

(b) it appears to him from the allegations made by the complainant that it is

appropriate for there to be an investigation into whether the Security

Service has in any other respect acted unreasonably in relation to the

complainant or his property,

he shall so investigate and report to the Prime Minister.

Remedies

6. (1) Where the Commissioner gives a complainant notice of such a

determination as is mentioned in sub-paragraph (1) of paragraph 4, the

Commissioner may do one or more of the following, namely

(a) direct that the obtaining and provision of information in relation to the

complainant or, as the case may be, the conduct of other activities in

relation to him or to any property of his shall cease and that any records

relating to such information so obtained or provided or such other

activities shall be destroyed;

(b) quash any warrant or authorisation which the Commissioner has found

to have been improperly issued, renewed, given or modified and which

he considers should be quashed;

(c) recommend to the Prime Minister that the complainant be paid such sum

by way of compensation as may be specified by him.

(2) Where the Prime Minister receives a report under paragraph 5, he may take

such action in the light of the report as he thinks fit, including any action which the

Commissioner has power to take or direct under the preceding provisions of this

paragraph.

Procedure

7. (1) Subject to sub-paragraph (2) of paragraph 8, the Commissioner shall

carry out his functions under this Act in such a way as to secure that no document or

information disclosed or given to him by any person is disclosed without his consent

to any complainant, or to any other person; and accordingly the Commissioner shall

not, except in reports under item (b) of sub-paragraph (1) of paragraph 4 of this

Schedule, give any reasons for a determination notified by him to a complainant.

(2) Subject to sub-paragraph (1), the Commissioner may determine his own

procedure.

Staff and expenses

8. (1) The Prime Minister may, after consultation with the Minister responsible

for finance, provide the Commissioner with such staff and shall defray such

expenses as he thinks necessary for the proper discharge of his functions under this

Act.

(2) The Commissioner may authorise any member of staff provided in terms of

sub-paragraph (1), to obtain any documents or information on his behalf.

SECURITY SERVICE

References

9. Any reference in this Schedule to a complainant's property includes -

(a) a reference to any communication originated or received or intended to

be received by him; and

(b) a reference to any place where the complainant resides or works.

Supplementary

10. The persons who may complain to the Commissioner under this Schedule

include any organisation and any association or combination of persons.

Transitory

11. Any person who feels aggrieved by anything which he believes the Security

Service has done in relation to him or to any property of his before the coming into

force of this Act shall complain to the Commissioner within six months after the

coming into force of this Act and the Commissioner may unless he considers that the

complaint is frivolous or vexatious grant any remedy in accordance with paragraph 6

as if such thing shall have been done by the Security Service pursuant to a warrant

by the Minister under this Act.

(1)

In this Act-

"address" means any postal or telecommunication address;

"the Commissioner" means the Commissioner who holds office

in terms of article 12;

"copy", in relation to intercepted information, means any of the

following, whether or not in documentary form -

(a) any copy, extract or summary of the information; and

(b) any record of the identities of the persons to or by

whom the information was sent,

and cognate expressions shall be construed accordingly;

"external communication" means a communication sent or

received outside Malta;

"interception", in relation to a warrant, includes the obtaining

possession of, disrupting, destroying, opening, interrupting,

suppressing, stopping, seizing, eavesdropping on, surveilling,

recording, copying, listening to and viewing of communications

and the extraction of information from such communications;

"the Minister" means the Minister from time to time designated

by the Prime Minister as being responsible for the Security Service;

"person" includes a body corporate established by law;

"postal" includes anything which in terms of the Post Office Act

is transmissible by post as well as anything which is covered by

article 21 of the Official Secrets Act;

"radiocommunications" has the same meaning as in the

Electronic Communications (Regulation) Act;

"senior government official" is a reference to a Permanent

*See Article 1(2) as originally enacted, which subarticle has been omitted under the

Statute Law Revision Act, 1980, and Legal Notice 141 of 1996.

SECURITY SERVICE

Secretary and the Cabinet Secretary;

"telecommunication" means the transmission of messages or of

sound or visual images by wire activated by electricity or by radio

waves or by any other electromagnetic energy or by optical energy

or by a combination of any two or more of such systems and shall

include telegraphy and telephony;

"working day" means any day other than a Saturday or a public

holiday.

(2) For the purposes of this Act a communication which is in

the course of its transmission otherwise than by means of a

radiocommunications or telecommunication system shall be

deemed to be in the course of its transmission by means of such a

system if its mode of transmission identifies it as a communication

which -

(a) is to be or has been transmitted by means of such a

system; and

(b) has been sent from, or is to be sent to, a country or

territory outside Malta.

(3) For the purposes of this Act conduct which constitutes or, if

it took place in Malta, would constitute one or more offences shall

be regarded as serious crime if, and only if -

(a) it involves the use of violence, results in substantial

financial gain or is conduct by a large number of

persons in pursuit of a common purpose; or

(b) the offence or one of the offences is an offence for

which a person who has attained the age of eighteen

and has no previous convictions would be liable on

conviction to imprisonment for a minimum term of not

less than three years; or

(c) the offence or one of the offences being a crime is an

offence which has been scheduled as such by the Prime

Minister by notice in the Gazette.

[Article 14(3)]

THE SECURITY COMMITTEE

Procedure

1. Subject to the following provisions of this Schedule, the Committee may

determine their own procedure.

2. (1)

The Committee shall be chaired by the Prime Minister.

(2) If on any matter there is an equality of voting among the members of the

Committee, the chairman shall have a second or casting vote.

(3) The chairman may appoint one of the members of the Committee to act, in

his absence, as chairman at any meeting of the Committee.

(4)

The quorum of the Committee shall be two.

Access to information

3. (1) If the head of the Security Service is asked by the Committee to disclose

any information, then, as to the whole or any part of the information which is sought,

he shall either -

(a) arrange for it to be made available to the Security Committee subject to

and in accordance with arrangements approved by the Prime Minister;

or

(b) inform the Committee that it cannot be disclosed either -

SECURITY SERVICE

(i)

because it is sensitive information (as defined in paragraph 4)

which, in his opinion, should not be made available under item

(a); or

(ii) because the Prime Minister has determined that it should not be

disclosed.

(2) The fact that any particular information is sensitive information shall not

prevent its disclosure under item (a) of sub-paragraph (1) if the head of the Security

Service considers it safe to disclose it.

(3) Information which has not been disclosed to the Security Committee on the

ground specified in sub-item (i) of item (b) of sub-paragraph (1) shall be disclosed to

them if the Prime Minister considers it desirable in the public interest.

(4) The Prime Minister shall not make a determination under sub-item (ii) of

item (b) of sub-paragraph (1) with respect to any information on the grounds of

national security alone and, subject to that, he shall not make such a determination

unless the information appears to him to be of such a nature that, if he were

requested to produce it before a Select Committee of the House of Representatives,

he would think it proper not to do so.

(5) The disclosure of information to the Security Committee in accordance with

the preceding provisions of this paragraph shall be regarded for the purposes of this

Act as necessary for the proper discharge of the functions of the Security Service.

Sensitive Information

4. The following information is sensitive information for the purposes of

paragraph 3

(a) information which might lead to the identification of, or provide details

of, sources of information, other assistance or operational methods

available to the Security Service;

(b) information about particular operations which have been, are being or

are proposed to be undertaken in pursuance of any of the functions of

the Security Service; and

(c) information provided by, or by an agency of, a foreign government

where that government does not consent to the disclosure of the

information.

(1) There shall continue to be a Security Service (in this

Act referred to as "the Service") under the authority of the Minister.

(2) The function of the Service shall be to protect national

security and, in particular, against threats from organised crime,

espionage, terrorism and sabotage, the activities of agents of

foreign powers and against actions intended to overthrow or

undermine parliamentary democracy by political, industrial or

violent means.

(3) It shall also be the function of the Service to act in the

interests of -

(a) the economic well-being of Malta; and

(b) public safety, in particular, the prevention or detection

of serious crime.

SECURITY SERVICE

(1) The operations of the Security Service shall continue to

be under the control of a head of the Service appointed by the

Prime Minister.

(2) The head of the Service shall be responsible for the

efficiency of the Service and it shall be his duty to ensure -

(a) that there are arrangements for securing that no

information is obtained by the Service except so far as

necessary for the proper discharge of its functions and

that no information is disclosed by it except so far as

necessary for that purpose or for the purposes of any

criminal proceedings; and

(b) that the Service does not take any action to further the

interests of any political party.

(3) The arrangements mentioned in subarticle (2)(a) shall be

such as to ensure that information in the possession of the Service

is not disclosed for use in determining whether a person should be

employed, or continue to be employed, by any person, or in any

office or capacity except in accordance with provisions in that

regard approved by the Minister.

(4) Without prejudice to the generality of subarticle (2)(a), the

disclosure of information shall be regarded as necessary for the

proper discharge of the functions of the Service if it consists of -

(a) the disclosure of records subject to the approval of the

Minister and in accordance with the National Archives

Act; or

(b) the disclosure, subject to and in accordance with

arrangements approved by the Minister, of information

to the Auditor General personally for the purposes of

his functions in relation to the Service.

(5) The head of the Security Service shall make an annual

report on the work of the Service to the Prime Minister and the

Minister and may at any time report to either of them on any matter

relating to its work.

Members of the Service shall be appointed by the head of

the Service under such terms and conditions as may be approved by

the Minister and shall include -

(a) any public officer;

(b) any member of and any other person employed or

appointed in or for the purposes of the armed forces of

Malta;

(c) any member of and any other person employed or

appointed in or for the purposes of the Malta Police

Force as well as of any other disciplined force of the

State;

(d) any person who, in terms of the Official Secrets Act is

either

(i) a member or employee of a prescribed body or a

body of a prescribed class, a holder of a

SECURITY SERVICE

prescribed office or an employee of such a

holder; or

(ii) a government contractor;

(e) any director of and any other person employed or

appointed in or for the purposes of -

(i) any body set up by law;

(ii) any company where a majority of its voting

shares are controlled by the Government;

(iii) any

company

providing

postal,

radio-

communications or telecommunication services;

for the time being required in writing by head of the

Security Service to assist it in carrying out its

functions.

(1) No entry on or interference with property shall be

unlawful if it is authorised by a warrant issued by the Minister

under this article.

(2) No interception of or interference with communications in

the course of their transmission by post or by means of a

radiocommunications or telecommunication system or by any other

means shall be unlawful if it is authorised by a warrant issued by

the Minister under this article.

(3) The Minister may, on an application made by the Security

Service, issue or modify a warrant under this article authorising the

taking of such action as is specified in the warrant in respect of any

property so specified or in respect of any communications so

specified if the Minister -

(a) thinks it necessary for the action to be taken on the

ground that it is likely to be of substantial value in

assisting the Service in carrying out any of its

functions under this Act; and

(b) is satisfied that what the action seeks to achieve cannot

reasonably be achieved by other means; and

(c) is satisfied that satisfactory arrangements are in force

under this Act with respect to the disclosure of

information obtained by virtue of this article and that

any information obtained under the warrant will be

subject to those arrangements.

(1) Subject to subarticle (2), the interception or

interference with communications required by a warrant shall be

the interception of or interference with -

(a) such communications as are sent to or from one or

more addresses specified in the warrant, being an

address or addresses likely to be used for the

transmission of communications, to or from -

(i) one particular person specified or described in

the warrant; or

(ii) one particular set of premises so specified or

SECURITY SERVICE

described; and

(b) such other communications (if any) as it is necessary

to intercept or interfere with in order to intercept or

interfere with communications falling within

paragraph (a).

(2)

Subarticle (1) shall not apply to a warrant if -

(a) the interception or interference required by the warrant

is the interception or interference, in the course of

their transmission by means of a radiocommunications

or telecommunication system, of -

(i) such external communications as are described

in the warrant; and

(ii) such other communications (if any) as it is

necessary to intercept or interfere with in order

to intercept or interfere with such external

communications as are so described; and

(b) at the time when the warrant is issued, the Minister

issues a certificate certifying the descriptions of

information the examination of which he considers

necessary as mentioned in article 6(3)(a).

(1)

A warrant shall not be issued or modified except -

(a) under the hand of the Minister; or

(b) in an urgent case where the Minister has expressly

authorised its issue or modification and a statement of

that fact is endorsed on it, under the hand of a senior

government official.

(2) A warrant shall, unless renewed under subarticle (3), cease

to have effect -

(a) if the warrant was under the hand of the Minister, at

the end of the period of six months beginning with the

day on which it was issued; and

(b) in any other case, at the end of the period ending with

the second working day following that day.

(3)

A warrant may at any time be modified.

(4) If at any time before the day on which a warrant would

cease to have effect the Minister considers it necessary for the

warrant to continue to have effect for the purpose for which it was

issued, he may by an instrument under his hand renew it for a

period of six months beginning with that day.

(5) The Minister shall cancel a warrant if he is satisfied that the

action authorised by it is no longer necessary.

(6) In the preceding provisions of this article "warrant" means

a warrant under article 6.

(1) If, apart from this article, a person would be liable

under any law in Malta for any act done outside Malta, he shall not

be so liable if the act is one which is authorised to be done by virtue

SECURITY SERVICE

of an authorisation given by the Minister under this article and is

one which the Minister may authorise under this Act or consists in

the arrest of any person or is an act done in furtherance of any of

those acts or for the purpose of retrieving property of the

Government of Malta to return the same to Malta.

(2) The Minister shall not give or modify an authorisation

under this article unless he is satisfied -

(a) that any acts which may be done in reliance on the

authorisation or, as the case may be, the operation in

the course of which the acts may be done will be

necessary for the proper discharge of a function of the

Security Service; and

(b) that there are satisfactory arrangements in force to

secure-

(i) that nothing will be done in reliance on the

authorisation beyond what is necessary for the

proper discharge of a function of the Security

Service; and

(ii) that, in so far as any acts may be done in reliance

on the authorisation, their nature and likely

consequences will be reasonable, having regard

to the purposes for which they are carried out;

and

(c) that there are satisfactory arrangements in force under

this Act with respect to the disclosure of information

obtained by virtue of this article and that any

information obtained by virtue of anything done in

reliance on the authorisation will be subject to those

arrangements.

(3) Without prejudice to the generality of the power of the

Minister to give an authorisation under this article, such an

authorisation -

(a) may relate to a particular act or acts, to acts of a

description specified in the authorisation or to acts

undertaken in the course of an operation so specified;

(b) may be limited to a particular person or persons of a

description so specified; and

(c) may be subject to conditions so specified.

(4) An authorisation shall not be given or modified under this

article except -

(a) under the hand of the Minister; or

(b) in an urgent case where the Minister has expressly

authorised it to be given or modified and a statement

of that fact is endorsed on it, under the hand of a senior

government official.

(5) An authorisation shall, unless renewed under subarticle (6),

cease to have effect -

(a) if the authorisation was given under the hand of the

SECURITY SERVICE

Minister, at the end of the period of six months

beginning with the day on which it was given;

(b) in any other case, at the end of the period ending with

the second working day following the day on which it

was given.

(6) An authorisation given under this article may be modified

at any time.

(7) If at any time before the day on which an authorisation

would cease to have effect the Minister considers it necessary for

the authorisation to continue to have effect for the purpose for

which it was given, he may by an instrument under his hand renew

it for a period of six months beginning with that day.

(8) The Minister shall cancel an authorisation if he is satisfied

that any act authorised by it is no longer necessary.

(1) The requirements of article 6(3)(c) are satisfied in

relation to any information if each of the following, namely -

(a) the extent to which the information is disclosed;

(b) the number of persons to whom any of the information

is disclosed;

(c) the extent to which the information is copied; and

(d) the number of copies made of any of the information,

is limited to the minimum that is necessary as mentioned in article

6(3)(a).

(2) The requirements of 6(3)(a) are satisfied in relation to any

intercepted information if each copy made of any of that

information is destroyed as soon as its retention is no longer

necessary as mentioned in 6(3)(a).

Where it appears to him to be necessary to do so, the Prime

Minister may exercise any of the powers of the Minister under this

Act subject to the same review of the exercise of those powers as

would apply to the exercise of those powers by the Minister.

(1) The Prime Minister shall appoint as a Commissioner

for the purposes of this Act a person who holds or has held the

office of judge of the superior courts or who has held the office of

Attorney General

Provided that if a Commissioner is not so appointed by the

Prime Minister the Attorney General shall automatically assume

the functions of Commissioner until such time as a Commissioner

shall be so appointed.

(2) The Commissioner shall hold office in accordance with the

terms of his appointment and, in the case of a Commissioner who is

not a serving judge of the superior courts or the Attorney General,

there shall be paid to him by the Minister such allowances as the

Prime Minister may determine.

(3)

(a) In addition to his functions under the subsequent

provisions of this Act, the Commissioner shall keep

SECURITY SERVICE

under review the exercise by the Minister of his powers

under articles 6 to 10.

(b) In the discharge of his functions under the Act, the

Commissioner shall act in his individual judgment and

shall not be subject to the direction or control of any

other person or authority and shall not be liable to be

questioned by any court.

(4) It shall be the duty of any person falling under one of the

descriptions contained in article 18(2) to disclose or give to the

Commissioner such documents or information as he may require

for the purpose of enabling him to discharge his functions.

(5) The Commissioner may at any time report to the Prime

Minister on any matter relating to the discharge of his functions

under this Act.

(6) The Commissioner shall make an annual report on the

discharge of his functions.

(7) The Prime Minister shall put before the Security Committee

a copy of each annual report made by the Commissioner under

subarticle (6) together with a statement as to whether any matter

has been excluded from that copy in pursuance of subarticle (8).

(8) If it appears to the Prime Minister, after consultation with

the Commissioner, that any matter in a report would be prejudicial

to the continued discharge of the functions of the Security Service,

the Prime Minister may exclude that matter from the copy of the

report as put before the Security Committee.

(1) The Commissioner shall also investigate complaints

about the Security Service in the manner specified in Schedule 1 to

this Act.

(2) The decisions of the Commissioner under Schedule 1 to this

Act shall not be subject to appeal or liable to be questioned in any

court.

(1) There shall be a Committee, to be known as the

Security Committee, to examine the expenditure, administration

and policy of the Security Service.

(2) The Security Committee shall consist of the Prime Minister,

the Minister, the Minister responsible for Foreign Affairs and the

Leader of the Opposition.

(3) Schedule 2 to this Act shall have effect with respect to the

procedure of and other matters relating to the Security Committee.

(4) The Security Committee shall make an annual report of the

discharge of their functions.

(5) The Prime Minister shall lay before the House of

Representatives a copy of each annual report made by the Security

Committee under subarticle (4) together with a statement as to

whether any matter has been excluded from that copy in pursuance

of subarticle (6).

SECURITY SERVICE

(6) If it appears to the Prime Minister, after discussion in the

Security Committee, that the publication of any matter in a report

would be prejudicial to the continued discharge of the functions of

the Security Service, the Prime Minister may exclude that matter

from the copy of the report as laid before the House of

Representatives.

(1) Subject to the following provisions of this article, a

person who intentionally intercepts or interferes with a

communication in the course of its transmission by post or by

means of a radiocommunications or telecommunication system or

by any other means shall be guilty of an offence and shall be liable,

on conviction, in respect of each offence to imprisonment for a

term not exceeding two years or to a fine (multa) not exceeding

eleven thousand, six hundred and forty-six euro and eighty seven

cents (€11,646.87) or to both such imprisonment and fine.

(2)

A person shall not be guilty of an offence under this article

if -

(a) the communication is intercepted or interfered with in

obedience to a warrant issued by the Minister under

article 6; or

(b) that person has reasonable grounds for believing that

the person to whom, or the person by whom, the

communication is made or sent has consented to the

interception or interference.

(3) A person shall not be guilty of an offence under this article

if the communication is intercepted or interfered with for purposes

connected with the provision of postal, radiocommunications or

telecommunication services or with the enforcement of any

enactment relating to the use of those services.

(1) A person engaged in the business of providing a

postal, radiocommunications or telecommunication service who

otherwise than in the course of his duty intentionally discloses to

any person -

(a) the contents of any communication which has been

intercepted in the course of its transmission by means

of that service; or

(b) any information concerning the use made of postal,

radiocommunications or telecommunication services

provided for any other person by means of that service,

shall be guilty of an offence.

(2)

Subarticle (1) does not apply to -

(a) any disclosure which is made for the prevention or

detection of crime or for the purposes of any criminal

proceedings;

(b) any disclosure of matter falling within paragraph (a) of

that subarticle which is made in obedience to a warrant

issued by the Minister under article 6 or in pursuance

of a requirement imposed by the Commissioner under

SECURITY SERVICE

article 12(2); or

(c) any disclosure of matter falling within paragraph (b) of

that subarticle which is made in the interests of

national security, the economic well-being of Malta or

public safety, or in pursuance of the order of a court.

(3) For the purposes of subarticle (2)(c) a certificate signed by

the Minister, or by the Attorney General, certifying t hat a

disclosure was made in the interests of national security, the

economic well-being of Malta or public safety shall be conclusive

evidence of that fact; and a document purporting to be such a

certificate shall be received in evidence and deemed to be such a

certificate unless the contrary is proved.

(4) Any person who intentionally discloses the contents of any

communication which has been intercepted in the course of its

transmission by means of a postal, radiocommunicationsy or

telecommunication service, where he knows or reasonably ought to

have known, that such contents have been unlawfully obtained,

shall be guilty of an offence.

(5) A person guilty of an offence under this article shall be

liable, on conviction, in respect of each offence to imprisonment

for a term not exceeding one year or to a fine (multa) not exceeding

eleven thousand, six hundred and forty-six euro and eighty seven

cents (€11,646.87) or to both such imprisonment and fine.

No prosecution for any offence against this Act shall be

instituted without the authority of the Attorney General.

(1) In any proceedings before any court or tribunal no

evidence shall be adduced and no question in cross-examination

shall be asked which (in either case) tends to suggest -

(a) that an offence under articles 15 or 16 has been or is to

be committed by any of the persons mentioned in

subarticle (2); or

(b) that a warrant has been or is to be issued to any of

those persons

Provided that nothing in this subarticle shall be deemed to

preclude the disclosure in evidence of any information which may

be disclosed in accordance with or under any other provision of this

Act.

(2)

The persons referred to in subarticle (1) are -

(a) any member of the Security Service;

(b) any public officer;

(c) any person engaged in the business of providing

postal, radiocommunications or telecommunications

services;

(d) any person who, in terms of the Official Secrets Act is

either

(i) a government contractor; or

SECURITY SERVICE

(ii) a member or employee of a prescribed body or a

body of a prescribed class, a holder of a

prescribed office or an employee of such a

holder.

(3)

Subarticle (1) does not apply -

(a) in relation to proceedings for a relevant offence or

complaints proceedings before the Commissioner; or

(b) where the evidence is adduced or the question in cross-

examination is asked for the purpose of establishing

the fairness or unfairness of a dismissal on grounds of

an offence under article 15 or of conduct from which

such an offence might be inferred;

and paragraph (a) of that subarticle does not apply where a person

has been convicted of the offence under that article.

(4)

In this article "relevant offence" means -

(a) an offence under articles 15 and 16 or under articles 46

and 47 of the Telemalta Corporation Act * or articles

50, 51 and 55 of the Post Office Act;

(b) an offence under article 3 of the Official Secrets Act

relating to any sketch, plan, model, article, note,

document or information which tends to suggest as

mentioned in subarticle (1);

(c) an offence under article 9 of the Official Secrets Act

relating to any such information, document or article

as is mentioned in subarticle (3) of that article;

(d) perjury committed in the course of proceedings for a

relevant offence;

(e) that offence committed by whosoever attempts, aids,

abets, counsels or procures the commission of an

offence falling within any of the preceding paragraphs;

and

(f) contempt of court committed in the course of, or in

relation to, proceedings for a relevant offence.

(5) Notwithstanding the provisions of any other law, no warrant

or other order shall be issued or made by any court restraining any

person or authority from the exercise of any of the powers

conferred by this Act.

*Repealed by the Telecommunications (Regulation) Act (Chapter 399).

SECURITY SERVICE

SCHEDULES