  SECURITY SERVICE   [ CAP. 391.     1
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 Act XVI of 1997.
Short title.
Interpretation.
"address" means any postal or telecommunication address;
"the Commissioner" means the Commissioner who holds office
in terms of section 12 of this Act;
"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;
Cap. 254.
Cap. 50.
"postal" includes anything which in terms of the Post Office Act
is transmissible by post as well as anything which is covered by
section 21 of the Official Secrets Act;
"senior government official" is a reference to a Permanent
Secretary and the Cabinet Secretary;
"telecommunication" means the transmission of messages or of
* See  subsection  ( 2 )  of section 1 of the Act as originally enacted, which subsection has
been omitted under the Statute Law Revision Act, 1980, and Legal Notice 141 of
1996.
  2      CAP. 391. ]                SECURITY SERVICE
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;
Cap. 49. "wireless telegraphy" has the same meaning as in the Wireless
Telegraphy Ordinance;
"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 wireless
telegraphy 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.
The Security 
Service.
3. (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   [ CAP. 391.     3
The head of the 
Security Service.
Amended by:
XVI. 1997.8.
4. (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 paragraph ( a )   of subsection
(2) above 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 paragraph   ( a ) of
subsection (2) above, the disclosure of information shall be
regarded as necessary for the proper discharge of the functions of
the Service if it consists of -
Cap. 339.
( 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 
Security Service.
5. 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;
Cap. 50.
either:
(i) a member or employee of a prescribed body or a
  4      CAP. 391. ]                SECURITY SERVICE
body of a prescribed class, a holder of a
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, wireless
telegraphy or telecommunication services;
for the time being required in writing by the Minister
following a request by the head of the Service to assist
the Security Service in carrying out its functions.
Warrants: general. 6. (1) No entry on or interference with property shall be
unlawful if it is authorised by a warrant issued by the Minister
under this section.
(2) No interception of or interference with communications in
the course of their transmission by post or by means of a wireless
telegraphy or telecommunication system or by any other means
shall be unlawful if it is authorised by a warrant issued by the
Minister under this section.
(3) The Minister may, on an application made by the Security
Service, issue or modify a warrant under this section 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 section and that
any information obtained under the warrant will be
subject to those arrangements.
Warrants: 
interception.
7. (1) Subject to subsection (2) below, 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
  SECURITY SERVICE   [ CAP. 391.     5
(ii) one particular set of premises so specified or
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 ) above.
(2) Subsection (1) above 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 wireless telegraphy 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 paragraph ( a ) of subsection
(3) of section 6 above.
Warrants: 
procedure and 
duration, etc.
8. (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 subsection (3)
below, 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 section "warrant" means
a warrant under section 6 above.
  6      CAP. 391. ]                SECURITY SERVICE
Authorisation of 
acts outside Malta.
9. (1) If, apart from this section, 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
of an authorisation given by the Minister under this section 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 section 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 section 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 section, 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
section 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.
  SECURITY SERVICE   [ CAP. 391.     7
(5) An authorisation shall, unless renewed under subsection (6)
below, cease to have effect -
( a ) if the authorisation was given under the hand of the
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 section 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.
Safeguards.
section 6 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
paragraph   ( a ) of subsection (3) of section 6.
(2) The requirements of paragraph ( c )   of subsection (3) of
section 6 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 paragraph   ( a )
of subsection (3) of section 6 above.
Powers of the 
Prime Minister.
11. 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.
The 
Commissioner.
12. (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
  8      CAP. 391. ]                SECURITY SERVICE
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
under review the exercise by the Minister of his powers
under sections 6 to 10 above.
( 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 subsection (2) of section 18 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
subsection (6) above together with a statement as to whether any
matter has been excluded from that copy in pursuance of subsection
(8) below.
(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.
Investigation of 
complaints.
13. (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.
The Security 
Committee.
14. (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.
  SECURITY SERVICE   [ CAP. 391.     9
(5) The Prime Minister shall lay before the House of
Representatives a copy of each annual report made by the Security
Committee under subsection (4) above together with a statement as
to whether any matter has been excluded from that copy in
pursuance of subsection (6) below.
(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.
Prohibition of 
interception.
15. (1) Subject to the following provisions of this section, a
person who intentionally intercepts or interferes with a
communication in the course of its transmission by post or by
means of a wireless telegraphy 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 five
thousand liri or to both such imprisonment and fine.
(2) A person shall not be guilty of an offence under this section
if -
( a ) the communication is intercepted or interfered with in
obedience to a warrant issued by the Minister under
section 6 above; 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 section
if the communication is intercepted or interfered with for purposes
connected with the provision of postal, wireless telegraphy or
telecommunication services or with the enforcement of any
enactment relating to the use of those services.
Disclosure of 
messages, etc.
16. (1) A person engaged in the business of providing a
postal, wireless telegraphy 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,
wireless telegraphy or telecommunication services
provided for any other person by means of that service,
shall be guilty of an offence.
(2) Subsection (1) above 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;
  10      CAP. 391. ]                SECURITY SERVICE
( b ) any disclosure of matter falling within paragraph ( a ) of
that subsection which is made in obedience to a
warrant issued by the Minister under section 6 of this
Act or in pursuance of a requirement imposed by the
Commissioner under subsection (2) of section 12 of
this Act; or
( c ) any disclosure of matter falling within paragraph (b) of
that subsection 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 paragraph ( c )   of subsection (2) above a
certificate signed by the Minister, or by the Attorney General,
certifying that 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, wireless telegraphy 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 section 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
five thousand liri or to both such imprisonment and fine.
No proceedings to 
be taken without 
sanction of the 
Attorney General.
17. No prosecution for any offence against this Act shall be
instituted without the authority of the Attorney General.
Exclusion of 
evidence.
18. (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 sections 15 or 16 above has been
or is to be committed by any of the persons mentioned
in subsection (2) below; or
( b ) that a warrant has been or is to be issued to any of
those persons:
Provided that nothing in this subsection 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 subsection (1) above are -
( a ) any member of the Security Service;
( b ) any public officer;
( c ) any person engaged in the business of providing
postal, wireless telegraphy or telecommunications
services;
  SECURITY SERVICE   [ CAP. 391.     11
Cap. 50.
either:
(i) a government contractor; or
(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) Subsection (1) above 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 section 15 above or of conduct from
which such an offence might be inferred;
and paragraph ( a )   of that subsection does not apply where a person
has been convicted of the offence under that section.
(4) In this section "relevant offence" means -
Cap. 250.
Cap. 254.
( a ) an offence under sections 15 and 16 above or under
sections 46 and 47 of the Telemalta Corporation Act *
or sections 50, 51 and 55 of the Post Office Act;
Cap. 50.
relating to any sketch, plan, model, article, note,
document or information which tends to suggest as
mentioned in subsection (1) above;
( c ) an offence under section 9 of the Official Secrets Act
relating to any such information, document or article
as is mentioned in subsection (3) of that section;
( 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).
  12      CAP. 391. ]                SECURITY SERVICE
SCHEDULES
SCHEDULE 1
(Section 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 section 6 of this Act in relation to
the property or communications concerned; or
( b ) whether an authorisation was given under section 9 of this Act 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 above 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) above 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   [ CAP. 391.     13
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 above, 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 above, 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 below, 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) above, 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) above, to obtain any documents or information on his behalf.
  14      CAP. 391. ]                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
above as if such thing shall have been done by the Security Service pursuant to a
warrant by the Minister under this Act.
SCHEDULE 2
[Section 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   [ CAP. 391.     15
(i) because it is sensitive information (as defined in paragraph 4
below) which, in his opinion, should not be made available under
item   ( a ) above; 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) above 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) above 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) above 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 above:
( 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.
