NATIONAL INTELLIGENCE SERVICE

CHAPTER 13:02
NATIONAL INTELLIGENCE SERVICE

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

PART II
THE NATIONAL INTELLIGENCE SERVICE

    3.    The National Intelligence Service

    4.    Duties and functions of the Service

    5.    The Director General

    6.    Deputy Director General

    7.    Staff

    8.    Oaths

    9.    Certificate of identification and appointment

    10.    Disciplinary Code

    11.    Prohibition of engagement in political activities

    12.    Prohibition of torture

    13.    Prohibition of unauthorized disclosure of information

    14.    Prohibition of unauthorized disclosure of information by former staff, etc.

    15.    Prohibition of unauthorized disclosure of information by third parties

    16.    Prohibition of false representation as to association with the Service

    17.    Prohibition of entry or access to premises and documents of the Service

    18.    Prohibition of disclosure of identity

    19.    Obstruction of officers of the Service

    20.    Submission of report to Parliament

    21.    Disclosure before Parliament

PART III
WARRANTS

    22.    Application for a warrant

    23.    Matters to be specified in an application for a warrant

    24.    Effect of a warrant

    25.    Prohibition of interception, monitoring and search without a warrant

PART IV
COMPLAINTS TRIBUNAL

    26.    Establishment and composition of a Complaints Tribunal

    27.    Functions of the Tribunal

    28.    Tenure of members of the Tribunal

    29.    Notification to the Director General

    30.    Representation before the Tribunal

    31.    Proceedings of the Tribunal

    32.    Determination of the Tribunal

    33.    Remedies of the Tribunal

    34.    Appeal to the High Court

    35.    Annual report of the Tribunal

PART V
FINANCIAL PROVISIONS

    36.    Funds of the Service

    37.    Expenses of the Service

    38.    Accounts

    39.    Audit

PART VI
MISCELLANEOUS

    40.    Annual reports

    41.    Immunity of staff of the Service

    42.    Pension and other funds

    43.    Regulations

    44.    Transitional arrangements

30 of 2018
G.N. 4/2021

    An Act to provide for the establishment of the National Intelligence Service, to define its powers, functions and duties; to regulate the administration and control of the Service; and to provide for matters connected with or incidental thereto

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the National Intelligence Service Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    “classified information” means information of a sensitive nature and value that its unauthorized publication or disclosure would lead to a security risk being posed to the State;

    “Deputy Director General” means the person appointed as the Deputy Director General of the Service under section 6;

    “Director General” means the person appointed as the Director General of the Service under section 5;

    “intelligence” means any information collected and processed by an intelligence officer which has a bearing on the security interest of the Republic;

    “intelligence officer” means an officer of the Service performing technical work relating to intelligence matters;

    “premises” means any place or location, and includes land, building, building works, instrument, equipment or means of transport;

    “security clearance” means an authorization entitling a person to have access to information of a determined sensitivity or classification;

    “security vetting investigations” means a systematic procedure used to examine and appraise a person to determine his or her security standing, including the continued monitoring thereof;

    “sensitive information” includes any information—

    (a)    which is likely to disclose the identity of, or provide details of, sources of information, other assistance or operational methods available to the Service;

    (b)    which relates to particular operations which have been, or are being proposed to be undertaken by the Service in pursuance of any of its functions; or

    (c)    which has been provided by an agency of a foreign government where that agency or government does not consent to the disclosure of the information;

    “Service” means the National Intelligence Service established under section 3 of this Act;

    “threat”, in relation to the security of the Republic, means—

    (a)    any activity relating to espionage, sabotage, terrorism or subversion or any activity directed against, or detrimental to the interests of the Republic and includes any other activity performed in conjunction with any activity relating to espionage, sabotage, terrorism and subversion, but does not include any lawful advocacy, protest or dissent not performed in conjunction with any such activity;

    (b)    any activity directed at undermining, or directed at or intended to bring about the destruction, or overthrow of the constitutionally established Government by unlawful means;

    (c)    any act or threat of violence or unlawful harm that is directed at or intended to achieve, bring about or promote any constitutional, political, industrial, social or economic objective or change in the Republic and…