Page:Cybersecurity Act 2018.pdf/67

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68
NO. 9 OF 2018


(a) to disclose the name, address or other particulars of an informer who has given information with respect to that offence, or the substance of the information received from the informer; or
(b) to answer any question if the answer would lead, or would tend to lead, to the discovery of the name, address or other particulars of the informer.

(2) If any document which is in evidence or liable to inspection in any proceedings mentioned in subsection (1) contains any entry in which any informer is named or described or which might lead to the informer’s discovery, the court must cause the entry to be concealed from view or to be obliterated so far only as may be necessary to protect the informer from discovery.

(3) If, during any proceedings—

(a) the court, after full inquiry into the case, believes that the informer wilfully made in the informer’s complaint a material statement which the informer knew or believed to be false or did not believe to be true; or
(b) the court is of the opinion that justice cannot be fully done between the parties to the proceedings without the discovery of the informer,

it is lawful for the court to require the production of the original complaint, if in writing, and permit inquiry, and require full disclosure of the informer.

General exemption

46.—(1) The Minister may, by order in the Gazette, exempt any person or any class of persons from all or any of the provisions of this Act, either generally or in a particular case and subject to such conditions as may be prescribed.

(2) If any exemption is granted under subsection (1) with conditions, the exemption operates only if the conditions are complied with.