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Cap. 391 · cap/391 (Cap. 391)

Cap. 391 Art. 9Authorisation of acts outside Malta.

In forceOfficial text

(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 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 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.