OFFICIAL SECRETS BILL EXPLANATORY NOTE THE present New Zealand law as to official seerets is contained in a United' Kingdom Aet, the Offieial Seerets Aet 1911 (1 & 2 Geo. V, eh. 28, Halsbury's Statutes of England, Vol. IV, p. 779), and in section 61 of the Defence Act 1909 (Reprint of Statutes, Vol. II, p. 596). The Defence Aet 1909 has been repealed by the New Zealand Army Aet 1950 whieh is to be brought into force by Proelamation, and does not contain any provisions as to official seerets. The Official Secrets Aet 1911 has been amended by two further United Kingdom Acts-namely, the Official Secrets Act 1920 (10 & 11 Geo. V, ch. 75, Halsbury's Statutes, Vol. IV, p. 843), and the Official Seerets Aet 1939 (2 & 3 Geo. VI, eh. 121). These two amending Acts are not in foree in New Zealand. The purpose of this Bill is to set out the law in one comprehensive New Zealand Act suited to New Zealand eonditions and requirements. The Bill is based on the three United Kingdom Aets, with the addition of clause 8 as to unlawful mapping, whieh is based on seetion 83 of the Crimes Act 1914, of Australia, and with sueh ineidental provisions and adaptations as are deemed necessary to meet New Zealand eonditions. The Bill is drafted so as to apply to the island territories and Western Samoa, as well as New Zealand proper, and so as to be in force in those territories. On the other hand, referenees to His Majesty are limited to His Majesty in right of New Zealand. The following notes explain the main clauses of the Bill:- Clause 3 (Spying) : This clause defines the crime of spying and provides a penalty of imprisonment for a term not exceeding fourteen years or, in the ease of a eompany, a fine not exceeding £5,000. Under subclause (2) a person charged with spying may be convicted of any of the less serious offenees under the Aet of which the evidence shows him to be guilty. Clause 4: This clause provides that the fact that an aeeused person has communicated or attempted to eommunicate with a foreign agent shall be evidenee that he has, for a purpose prejudieial to the safety or interests of the State, obtained or attempted to obtain information whieh is calculated to be or might be or is intended to be useful to an enemy. Clause 5 defines certain offenees in relation to the unlawful use of uniforms, the making pf false statements, the forging of passports, permits, and similar documents, impersonation, the unlawful use or possession of or dealing with official dies, seals, or stamps, and the wrongful retention or communication of- passports, &e., and eode words and passwords. No. 66-2 ii Clause 6 relates to the wrongful communication of information. Clause 7 relates to the method of proving that an aeeused person had a purpose prejudieial to the safety or interests of the State in doing some aet that he is proved to have eommitted. The elause provides that, unless the contrary is proved, sueh a purpose may be inferred from the eireumstanees of the ease, or his conduct, or his known character as proved, or from the wrongful collection or eommunieation of information in certain circumstances. Struck out Clause 8 prohibits unlawful mapping by any means. Clause 9 makes it an offence to interfere with the police, or with persons on guard, near a prohibited place. Clause 10 defines the offenee of harbouring spies. CZawB 11 relates to attempts and ineitements to commit offenees against the Act. Clause 12 relates to the duty to give information to the poliee in eases authorized by the Attorney-General or, in a ease of great emergency, by the Commissioner of Poliee. Clause 13 authorizes the arrest without warrant of persons found fommitting an offenee against the Aet, or reasonably suspected of having committed or of being about to commit sueh an offence. Clause 14 authorizes the issue of search warrants by a Justiee of the Peace or, in cases of great emergency, by an Inspeetor of Police. Clause 15 requires the eonsent of the Attorney-General to prosecutions for offenees against the Act. Clause 16 relates to the trial and punishment of offenees. Lighter maximum penalties are provided for eases that, with the eonsent of the Attorney-General, are tried summarily (that is, in a Magistrate's Court). Subdause (3) enables the Court to be cleared where a publication of the evidenee would be prejudieial to the safety or interests of the State. Sub- Clatise (4) relates to the liability of the directors and officers of a company or corporation that is eonvieted of an offence against the Aet. Clause 17 applies the Act to the aets of any person in New Zealand <ineluding the island territories and Western Samoa) and to aets done outside New Zealand by New Zealand citizens or New Zealand protected persons or persons holding office under the Government of New Zealand or owing allegianee to His Majesty in right of New Zealand, or by persons who obtained the relevant information while in New Zealand or owing allegiance to His Majesty. Clause 18 applies the Act in relation to, and as part of the law of, the island territories and Western Samoa, and declares it to be a reserved enaetment in Samoa. Clause 19 repeals the Official Seerets Aet 1911 in so far as it is part ·of the law of New Zealand. [As REPORTED FROM THE STATUTES REVISION COMMITTEE] House of Representatives, 4 December 1951 Words struck out by Statutes Revision Committee are shown in roman enclosed in panel; words inserted are shown in blaok. Hot%.Mr. Webb OFFICIAL SECRETS ANALYSIS Title. 9. Interfering with police or per- 1. Short Title. sons on guard. 2. Interpretation. 10. Harbouring spies. 3. Sping. 11. Attempts, ineitements, ke. 4. Communications with foreign 12. Duty of giving information as agents to be evidence of to offenees. eertain offenees. 13. Power to arrest. 5. Unlawful use of uiliforms, 14. Search warrants. forgery, personation, false 15. Restriction on prosecution. documents, &c. 16. Trial and punishment of offenees. 6. Wrongful communication of 17. Extent of Aet. information. 18. Application of Aet to island 7. Proof of purpose prejudicial to territories and Western safety or interests of State. Samoa. 8. Unlawful mapping. 19. Repeal. A BILL INTITULED AN AoT to make better provision in respect of official Title. secrets. BE IT ENACTED by the General Assembly of New 5 Zealand in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as the Official Secrets Act short Title, 1951. No. 66-2 2 Official Secrets Interpretation. 2. In this Act, unless the context otherwise Cf. Official requires,- Secrets Act, 1911 (1 & 2 " Document " includes a part of a document: Geo. V, ch. " Inspector of Police " includes any commissioned 28),ss. 3,12 officer of the Police Force of New Zealand; 5 Official Secrets and also includes any person upon whom the Aet, 1920 ( 10 & 11 Geo. powers of an Inspector of Police are for V, ch. 75), the purposes of this Aet conferred by the ss. 9 (2),10 (U.K.) Governor-General by Order in Council: " Model " ineludes a design, pattern, or specimen: 10 " Munitions of war " means any thing, material, or device, whether actual or proposed, intended or adapted for use in war, or capable of being adapted for use in war; and, for the purposes of this definition (without prejudice to its 15 generality), the expression " use in war " includes use in the production of munitions of war, and the expression " thing, material, or device " includes the whole or any part of any arms, ammunition, missile, implement, ship, 20 vessel, aircraft, vehicle, tank, mine, engine, machinery, apparatus, or naval, military, or air force stores: " Omee under His Majesty " includes any office or employment under the Government of New 25 Zealand; and also ineludes any office or employment on, in, or under any board, commission, corporation, or body that is an agent of His Majesty or an instrument of the Executive Government of New Zealand: 30 " Prohibited place " means- (a) Any work of defence belonging to or occupied or used by or £n behalf of His Majesty or the , Government of any other country, including arsenals, naval, military, 35 or air force establishments or stations, factories, dockyards, camps, ships, vessels, and aircraft; and also including telegraph, telephone, wireless, or signal stations or offices; and also including places used for 40 the purpose of building, repairing, making, or storing any munitions of war or any sketches, plans, models, or documents relating thereto, or for the purpose of getting any metals, oil, or minerals of use in time of war: 46 Oficial Secrets (b) Any place where any munitions of war, or any sketches, plans, models, or docu- ments relating thereto are being made, repaired, gotten, or stored under contract with 5 the Government of New Zealand or of any other country or with any person on behalf of any such Government, or otherwise on behalf of any such Government: (c) Any place which is for the time 10 being declared by the Governor-General by Order in Council to be a prohibited place for the purposes of this Aet: " Sketch " includes any mode of representing any place or thing, whether by photography or 15 otherwise, and in particular includes a map: Any reference to His Majesty means His Majesty in right of New Zealand: Any reference to a place belonging to His Majesty includes a place belonging to any Department 20 of the Government of New Zealand or to any board, commission, corporation, or body that is ali agent of His Majesty or an instrument of the Executive Government of New Zealand, whether the place is or is not actually vested 25 iii His Majesty: Expressions referring to communicating or receiv- ing include any communicating or receiving, whether in whole or in part, and whether the sketch, plan, model, article, note, document, or 30 information itself or the substance, effect, or description thereof only is communicated or received; expressions referring to obtaining or retaining any sketch, plan, model, article, note, or document include copying or causing 35 to be copied the whole or any part thereof (whether by photography or otherwise) ; and expressions referring to the communica- tion of any sketch, plan, model, artiele, note, or document include the transfer or trans- 40 mission thereof.