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1 1963

OFFICIAL SECRETS ACT, 1963

PART I

Preliminary

Short title.

1. —This Act may be cited as the Official Secrets Act, 1963.

Interpretation.

2. —(1) In this Act—

document” includes part of a document;

Minister” means a member of the Government;

model” includes design, pattern or specimen;

official document” includes a passport, official pass, permit, document of identity, certificate, licence or other similar document, whether or not completed or issued for use, and also includes an endorsement thereon or addition thereto;

official information” means any secret official code word or password, and any sketch, plan, model, article, note, document or information which is secret or confidential or is expressed to be either and which is or has been in the possession, custody or control of a holder of a public office, or to which he has or had access, by virtue of his office, and includes information recorded by film or magnetic tape or by any other recording medium;

public office” means an office or employment which is wholly remunerated out of the Central Fund or out of moneys provided by the Oireachtas, or an appointment to, or employment under, any commission, committee or tribunal set up by the Government or a Minister for the purposes of any inquiry, but does not include membership of either House of the Oireachtas.

sketch” includes a photograph or other mode of representing any place or thing;

State authority” means the Attorney General, the Comptroller and Auditor General, the Revenue Commissioners, the Commissioners of Public Works in Ireland or the Irish Land Commission.

(2) In this Act—

expressions referring to communicating or receiving include any communicating or receiving, whether in whole or in part and whether the sketch, plan, model, article, note, document or information itself or the substance, effect or description thereof only be communicated or received;

expressions referring to obtaining or retaining any sketch, plan, model, article, note or document include the copying or causing to be copied of the whole or any part of any sketch, plan, model, article, note or document; and

expressions referring to the communication of any sketch, plan, model, article, note or document include the transfer or transmission thereof.

(3) A certificate given by a Minister under his seal that any official code word or password or any sketch, plan, model, article, note, document or information specified or indicated in the certificate is secret or confidential shall be conclusive evidence of the fact so certified.

Repeals.

3. —The Official Secrets Acts, 1911 and 1920, are hereby repealed.