Section 106 - State secrets

(1) Except as otherwise provided by section 107 or by any other enactment, the Government has a privilege to refuse to disclose, and to prevent a person from disclosing, a State secret unless the need to preserve the confidentiality of the information is outweighed by the need for disclosure in the interests of justice.

(2) A State secret is information considered confidential by the Government, which has not been officially disclosed to the public, and which it would be prejudicial to the security of the State or injurious to the public interest to disclose.

(3) The Government’s privilege under subsection (1) may be claimed only by a Minister of the Government responsible for administering the subject matter to which the State secret relates, or by a person authorised in writing by the Minister to claim the privilege.

(4) In an action in a Court where the Government’s privilege under subsection (1) is claimed, other than for an official document, the Court shall act in accordance with article 135 of the Constitution.