Ghana Act or statute

Parliament of Ghana

National Signals Bureau Act, 2020 (Act 1040)

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Jurisdiction: Ghana
Structure: 40 provisions
Citation: Act 1040
Dates: Undated source snapshot

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Purpose and legislative effect

“This section establishes the National Signals Bureau, called the Bureau in the Act.”

This section establishes the National Signals Bureau, called the Bureau in the Act. The Bureau’s object is to provide an integrated signals system for national security and intelligence agencies to support state security and protect the State’s unity and stability. The Bureau must carry out listed security and intelligence functions, including monitoring and analyzing information, maintaining a secure nationwide information system, building technical monitoring capacity, collaborating with public institutions, and doing other tasks assigned by the Council or Minister. The Bureau is supervised by the National Security Council. The Minister may issue policy directives to the Bureau, and the Bureau must comply.

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Establishment of the National Signals Bureau

This section establishes the National Signals Bureau, called the Bureau in the Act.

Section 1

Secondment of public officers

Public officers may be seconded or transferred to the Bureau, and seconded officers must follow the Bureau’s conduct rules and any required in-house training.

Section 11

Use of internal grievance procedure

An aggrieved employee of the Bureau must first use the internal grievance procedures in the conditions of service and the Code of Conduct before using the procedure under the Act.

Section 21

Indemnity for an act or omission in good faith Miscellaneous Provisions

An authorised officer is not liable for acts or omissions done in good faith while carrying out, or intending to carry out, that officer’s duties.

Section 30

Transitional Provisions SCHEDULE FORMS OF OATH Oath of Office Oath of Secrecy on Taking Office Oath of Allegiance Oath of Secrecy on Leaving Office

Staff, assets, rights, obligations, liabilities, and money of the former Bureau of National Communications transfer to the new Bureau, and the schedule sets required oath language for office, secrecy, and allegiance.

Section 40

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Showing 40 of 40 provisions

Provision 35Offence 2Commencement 2Interpretation

§ 1Establishment of the National Signals BureauProvision

This section establishes the National Signals Bureau, called the Bureau in the Act.

Section 1—Establishment of the National Signals Bureau There is established by this Act the National Signals Bureau referred to in this Act as the "Bureau".

Section 1Verify source

§ 2Object of the BureauProvision

The Bureau’s object is to provide an integrated signals system for national security and intelligence agencies to support state security and protect the State’s unity and stability.

Section 2—Object of the Bureau The object of the Bureau is to provide an integrated signals system for the national security and intelligence agencies for the purpose of (a) the security of the State; and (b) protecting and preserving the unity and stability of the State.

Section 2Verify source

§ 3Functions of the BureauOffence

The Bureau must carry out listed security and intelligence functions, including monitoring and analyzing information, maintaining a secure nationwide information system, building technical monitoring capacity, collaborating with public institutions, and doing other tasks assigned by the Council or Minister.

Section 3—Functions of the Bureau (1) To achieve the object under section 2, the Bureau shall (a) monitor, collect, analyse, retain and disseminate in a secure manner, information and intelligence from cyberspace, electronic media, electromagnetic signals and other emissions and any equipment producing such signals to (i) counter threats to security or national well-being; 4 (ii) prevent the commission of a serious offence; or (iii) deter the commission of a serious offence; (b) establish and maintain a nationwide information and communication system that deploys the appropriate combination of connectivity, networking, encryption and any other security measure to facilitate secure intelligence sharing among security and intelligence stakeholders; (c) build capacity to check, monitor and analyse at the national and international levels, technological advances in the information industry, communications industry and, any other related industry, to identify potential impacts on national security and national well-being; (d) collaborate with relevant public institutions to determine technological enhancement requirements for improved effectiveness and efficiency of defence, security, signals and law enforcement operations; and (e) perform any other functions assigned by the Council or the Minister.

Section 3Verify source

§ 4Supervising body of the BureauProvision

The Bureau is supervised by the National Security Council.

Section 4—Supervising body of the Bureau The supervising body of the Bureau is the National Security Council.

Section 4Verify source

§ 5Policy directives Administrative ProvisionsProvision

The Minister may issue policy directives to the Bureau, and the Bureau must comply.

Section 5—Policy directives The Minister may give directives on matters of policy to the Bureau and the Bureau shall comply. Administrative Provisions

Section 5Verify source

§ 6Appointment of Director-GeneralProvision

The President must appoint a Director-General, and the Director-General serves as head of the Bureau.

Section 6—Appointment of Director-General (1) The President shall, in accordance with Article 195 of the Constitution, appoint a Director- General who shall be the head of the Bureau. (2) The Director-General shall hold office on the terms and conditions specified in the letter of appointment.

Section 6Verify source

§ 7Functions of the Director-GeneralProvision

The Director-General must run the Bureau efficiently and effectively, control and administer it impartially, brief the President and Council through the Minister on relevant intelligence, advise on national security strategy, and carry out other assigned functions.

Section 7—Functions of the Director-General (1) The Director-General (a) is responsible for the efficient and effective performance of the functions of the Bureau; (b) shall control and administer the Bureau and ensure impartiality in the performance of the functions of the Bureau; (c) shall through the Minister, brief the President, the Council and any other relevant stakeholder on intelligence gathered from cyberspace, electronic media, electromagnetic signals and other emissions or equipment producing signals relevant to the national security and national well-being of Ghana; (d) shall, through the Minister, advise the Council on national security strategies to mitigate the adverse impact of information and communication technology practices on national security and national well-being; and (e) shall perform any other function assigned by the Council or Minister. 5

Section 7Verify source

§ 8Appointment of Deputy Director-GeneralProvision

The President must appoint a Deputy Director-General for the Bureau, and the appointee holds office on the terms set out in the letter of appointment.

Section 8—Appointment of Deputy Director-General (1) The President shall, in accordance with article 195 of the Constitution, appoint a Deputy Director-General for the Bureau. (2) The Deputy Director-General shall hold office on the terms and conditions specified in the letter of appointment.

Section 8Verify source

§ 9Functions of the Deputy Director-GeneralProvision

The Deputy Director-General must help the Director-General carry out the Director-General’s functions and do any other task the Director-General assigns.

Section 9—Functions of the Deputy Director-General The Deputy Director-General shall (a) assist the Director-General in the performance of the functions of the Director-General; and (b) perform any other function assigned by the Director-General.

Section 9Verify source

§ 10Appointment of other StaffProvision

The President must appoint the Bureau’s needed staff and employees, and the Bureau controls selection, training, induction, and seniority matters; it may also hire consultants and advisers when necessary.

Section 10—Appointment of other staff (1) The President shall, in accordance with article 195 of the Constitution, appoint other staff and employees required for the effective and efficient performance of the functions of the Bureau. (2) The Bureau shall have control over the selection, training and appropriate induction of a person employed for the Bureau in accordance with the conditions of service of the Bureau. (3) The rank and seniority of a person appointed shall be determined in accordance with the conditions of service of the Bureau. (4) The Bureau may engage the services of consultants and advisers as the Bureau considers necessary for the effective and efficient performance of the functions of the Bureau.

Section 10Verify source

§ 11Secondment of public officersProvision

Public officers may be seconded or transferred to the Bureau, and seconded officers must follow the Bureau’s conduct rules and any required in-house training.

Section 11—Secondment of public officers (1) Other public officers may be seconded or transferred to the Bureau or may otherwise give assistance to the Bureau. (2) Subject to the rules and regulations of the Public Service, a directive for the secondment of a public officer to the Bureau, shall be issued by the institution of the public officer acting in accordance with the advice of the Minister, given in consultation with the Director General of the Bureau. (3) A public officer seconded to the Bureau shall, during the period of secondment, function under the direct supervision of the Director-General. (4) A public officer seconded to the Bureau shall (a) be bound by the Code of Conduct of the Bureau; and (b) undergo an in-house training or orientation that the Director-General may consider necessary for the effective and efficient performance of the duties of that public officer within the Bureau. 6 (5) The rank and seniority of a public officer seconded to the Bureau shall be determined in accordance with the conditions of service of the Bureau with reference to the analogous ranks of the institution of that public officer.

Section 11Verify source

§ 12Transfer of public officerProvision

A public officer transferred to the Bureau is issued a transfer directive by the officer’s institution, and the transfer changes the officer’s employment status and service terms.

Section 12—Transfer of public officer (1) Subject to the rules and regulations of the Public Service, a directive for the transfer of a public officer to the Bureau shall be issued by the institution of the public officer in accordance with the advice of the Minister, given in consultation with the Director General. (2) A public officer transferred to the Bureau shall hold office on the terms and conditions specified in the letter of appointment. (3) A public officer transferred to the Bureau ceases to be an employee of the institution from which the public officer was transferred. (4) The rank and seniority of a public officer who is transferred to the Bureau shall be determined under the conditions of service with reference to the analogous ranks of the institution of that public officer.

Section 12Verify source

§ 13Directorates of the Bureau Complaints TribunalProvision

The Council must establish Bureau directorates, after advice from the Director-General and consultation with the Minister, and each directorate must be headed by a Director.

Section 13—Directorates of the Bureau (1) The Council, on the advice of the Director-General and in consultation with the Minister shall establish directorates to achieve operational effectiveness, efficiency and excellence of the Bureau. (2) Without limiting subsection (1), the Council may establish the following directorates: (a) Engineering Directorate; (b) Intelligence Directorate; (c) Cyberspace and Information Assurance Directorate; (d) Emergency Command Centre Directorate; (e) Finance and Administration Directorate; and (f) Legal Directorate. (3) A directorate of the Bureau shall be headed by a Director. Complaints Tribunal

Section 13Verify source

§ 14Investigation of complaintsProvision

An aggrieved person may complain to the Director-General, who must respond within 30 days. If nothing is done in time, or the person is unhappy with the response, they may complain to the Chief Justice.

Section 14—Investigation of complaints (1) A person aggrieved by an act or omission of the Bureau shall submit a written or oral complaint to the Director-General. (2) The Director-General shall examine the complaint and take appropriate action within thirty days from the date of receipt of the complaint. (3) A person who makes a complaint to the Director-General under subsection (1), may, where (a) action is not taken on the complaint within thirty days; or 7 (b) the person is dissatisfied with the action taken by the Director-General submit a written complaint to the Chief Justice who shall refer the complaint to the tribunal provided for under section 15.

Section 14Verify source

§ 15Complaints TribunalProvision

The Chief Justice must appoint a three-person tribunal within sixty days after receiving a complaint under section 14.

Section 15—Complaints Tribunal (1) The Chief Justice shall, on receipt of a complaint submitted under section 14, appoint within sixty days, a tribunal of three persons to examine and determine the issues in the complaint. (2) The tribunal shall consist of (a) a Justice of the High Court, a retired Justice of the High Court or a lawyer who qualifies to be appointed a Justice of the High Court; and (b) two other persons, one of whom is a person with considerable knowledge in the area of the subject matter of the complaint and operation of intelligence agencies in general.

Section 15Verify source

§ 16Examination of complaintsProvision

The tribunal must examine and determine complaints referred to it by the Chief Justice, but must not determine complaints that are frivolous, vexatious, not made in good faith, already before a court, or prejudicial to state security.

Section 16—Examination of complaints (1) The tribunal shall examine and determine a complaint referred to the tribunal by the Chief Justice. (2) The tribunal shall not determine a complaint which (a) the tribunal considers frivolous or vexatious or is not made in good faith; (b) is the subject matter of an action before a Court; or (c) the tribunal considers to be prejudicial to the security of the State.

Section 16Verify source

§ 17Proceedings at investigationProvision

The tribunal can exclude people, call witnesses or documents, must give a fair hearing, and witnesses are entitled to allowances determined by the Chief Justice.

Section 17—Proceedings at investigation (1) The tribunal may exclude from the proceedings of the tribunal, persons other than parties to the proceedings and the lawyers of those persons, where the tribunal considers it necessary in the interest of defence, public safety, public order, public morality, public health or the protection of the private lives of persons concerned in the proceedings. (2) The tribunal may call a witness who, or request the production of documents, which the tribunal considers necessary in the interest of justice. (3) A witness appearing before the tribunal shall be paid travelling and any other allowances determined by the Chief Justice. (4) The tribunal shall give a fair hearing to persons appearing before the tribunal, and for that purpose, the rules of procedure of the High Court shall apply to proceedings of the tribunal with the modifications that are necessary.

Section 17Verify source

§ 18Notification to the Director-GeneralCommencement

The tribunal must not start examining a complaint referred by the Chief Justice unless it has first given the Director-General a written notice with the substance of the complaint.

Section 18—Notification to the Director-General The tribunal shall not commence the examination of a complaint referred to the tribunal by the Chief Justice, unless the tribunal has submitted to the Director-General, a written notice together with the substance of the complaint.

Section 18Verify source

§ 19Representation before TribunalProvision

A person appearing before the tribunal may make a representation, be represented by a lawyer of their choice, and produce evidence they consider necessary for the investigations.

Section 19—Representation before Tribunal A person appearing before the tribunal may 8 (a) make a representation to the tribunal; (b) be represented by a lawyer chosen by the person; and (c) produce the evidence the person considers necessary for the investigations.

Section 19Verify source

§ 20Decision of the TribunalProvision

The tribunal must notify the Director-General and the complainant when it finishes investigating a complaint, and if it awards money compensation, it must direct payment from public funds.

Section 20—Decision of the Tribunal (1) The tribunal shall, on the conclusion of an investigation of a complaint, notify the Director- General and the complainant of the decision of the tribunal. (2) Where the tribunal decides that compensation in the form of money should be paid to the complainant, the tribunal shall direct that the money is paid from public funds.

Section 20Verify source

§ 21Use of internal grievance procedureProvision

An aggrieved employee of the Bureau must first use the internal grievance procedures in the conditions of service and the Code of Conduct before using the procedure under the Act.

Section 21—Use of internal grievance procedure Despite the provisions of this Act on redress of grievances, an aggrieved employee of the Bureau shall, at the first instance, resort to the internal grievance procedures set out in the conditions of service and the Code of Conduct, before resorting to the procedure set out under this Act.

Section 21Verify source

§ 22Appeal to the Court of Appeal WarrantsProvision

An appeal against a tribunal decision lies as of right to the Court of Appeal.

Section 22—Appeal to the Court of Appeal An appeal against a decision of the tribunal lies as of right to the Court of Appeal Warrants

Section 22Verify source

§ 23Application for warrant 2Provision

The Director-General of the Bureau, or a designated employee, may apply for a warrant when there are reasonable grounds to think it is needed for the Bureau’s functions, and the application must be in writing to a Justice of the Superior Court of Judicature.

Section 23—Application for warrant (1) Where the Director-General of the Bureau or an employee designated by the Director- General has reasonable grounds to believe that a warrant is required to enable the Bureau to perform a function under this Act, the Director-General or the designated employee may apply for the issue of a warrant. (2) The application for the warrant shall be made in writing to a Justice of the Superior Court of Judicature. (3) Subject to the provisions of this section, the Chief Justice shall designate a Court or a Justice of the High Court for the purpose of considering a request for a warrant made under this section.

Section 23Verify source

§ 24Matters to be specified in an application for warrantProvision

An application for a warrant must state the facts, urgency, and other details needed to justify the warrant request. A warrant for intercepting communications must be signed personally by a Justice of the Superior Court of Judicature.

Section 24—Matters to be specified in an application for warrant (1) An application for a warrant shall specify (a) the facts relied on to justify the belief, or reasonable grounds, that a warrant is required to enable the Bureau investigate a threat to security or to perform functions under the Act; (b) that the urgency of the matter is of a nature that it would be impracticable to carry out the investigation using other investigative procedures or that without a warrant under this section, it is likely that information of importance relating to a threat to security or the performance of the functions under this Act would not be obtained; (c) where the purpose is to intercept communications (i) the type of communication proposed to be intercepted, the type of information, records, documents or things proposed to be obtained and the powers in paragraphs (a) and (b) proposed to be used; and 9 (ii) the identity of the person, if known, whose communication is proposed to be intercepted or who has possession of information, record, document or thing proposed to be obtained; (d) the person or class of persons to whom the warrant is proposed to be directed; (e) a general description of the place where the warrant is proposed to be executed, if a general description of that place can be given; (f) the period, not exceeding sixty days, for which the warrant requested is to be in force where necessary; and (g) a previous application made in relation to a person identified pursuant to subparagraph (ii) of paragraph (c), the date on which the application was made, the name of the Justice to whom the application was made and the decision of the Justice in respect of the application. (2) A warrant authorising the interception of communications shall be signed personally by a Justice of the Superior Court of Judicature.

Section 24Verify source

§ 25Effect of warrant Financial ProvisionsProvision

A warrant under section 23 may authorise named persons to use the warrant’s powers to intercept communications and obtain specified information or items, and may also authorise assistance for that activity.

Section 25—Effect of warrant (1) A warrant issued under section 23 shall authorise a person or a person in a class of persons to whom the warrant is issued, to exercise the powers specified in the warrant for the purpose of intercepting communications, obtaining information, records, documents and things of the type specified in the warrant. (2) The warrant shall further authorise the provision of assistance to the person exercising the powers specified in the warrant by a person who believes that, on reasonable grounds, that person is exercising the powers in accordance with the warrant. Financial Provisions

Section 25Verify source

§ 26Expenses of the BureauProvision

Parliament must approve the money needed for the Bureau’s expenses from public funds.

Section 26—Expenses of the Bureau Parliament shall approve moneys required for the expenses of the Bureau from public funds.

Section 26Verify source

§ 27Accounts and AuditProvision

The Bureau must keep accounting records in a form approved by the Auditor-General, the Council through the Minister must submit the Bureau’s accounts for audit at year-end, and the Auditor-General must audit the account within six months after the prior financial year ends.

Section 27—Accounts and audit (1) The Bureau shall keep books of accounts, records, returns and other documents relevant to the account in a form approved by the Auditor-General. (2) The Council, through the Minister shall, at the end of the financial year, submit the accounts of the Bureau to the Auditor-General for audit. (3) The Auditor-General shall, within six months after the end of the immediately preceding financial year, audit the account and (a) submit the report to Parliament; and (b) forward a copy of the audit report to the Minister. (4) The financial year of the Bureau shall be the same as the financial year of the Government.

Section 27Verify source

§ 28Annual report and other reports General ProvisionsProvision

The Minister must submit an annual report to Parliament within 30 days after receiving the audit report.

Section 28—Annual reports and other reports (1) The Minister shall, within thirty days after receipt of the audit report, submit an annual report to Parliament. 10 (2) The annual report shall include (a) a report on the activities and operations of the Bureau; (b) the report of the Auditor-General; and (c) any other report that the Minister may consider necessary General Provisions

Section 28Verify source

§ 29Power to use armsProvision

An authorised officer of the Bureau may use firearms when carrying out duties under this Act or another enactment.

Section 29—Power to use arms An authorised officer of the Bureau may, in the discharge of duties under this Act or any other enactment, use fire arms.

Section 29Verify source

§ 30Indemnity for an act or omission in good faith Miscellaneous ProvisionsProvision

An authorised officer is not liable for acts or omissions done in good faith while carrying out, or intending to carry out, that officer’s duties.

Section 30—Indemnity for an act or omission in good faith Subject to this Act, an authorised officer is not liable for an act or omission on the part of the officer, if the act or omission was in good faith and in the execution or intended execution of the duties of that officer. Miscellaneous Provisions

Section 30Verify source

§ 31OathsCommencement

The Director-General and Bureau employees must take the official oaths before starting office or functions, and must be sworn out when they stop being employees.

Section 31—Oaths (1) The Director-General and any other employee of the Bureau shall, before assumption of office and the commencement of functions under this Act, take and subscribe to the official oaths specified in the Schedule. (2) The Director General and any other employee of the Bureau shall on ceasing to be an employee of the Bureau, be sworn out of office in accordance with the official oath specified in the Schedule.

Section 31Verify source

§ 32Authorised disclosure of informationProvision

Employees of the Bureau must not disclose information they obtained through their work, unless another law or this Act requires it. The Bureau may allow disclosure with the Minister’s prior authorisation.

Section 32—Authorised disclosure of information (1) An employee of the Bureau shall not disclose any information obtained in the performance of a function under this Act except as required by this Act or any other enactment. (2) Despite subsection (1), the Bureau may, with the prior authorisation of the Minister, permit the disclosure of information by any employee under this Act to (a) a public officer who has authority to investigate an alleged contravention of a law or to the Attorney-General if the information is required for an investigation or prosecution; (b) the Minister responsible for Foreign Affairs or a person designated by the Minister responsible for Foreign Affairs if the information relates to the conduct of the international affairs of the country; (c) the Minister responsible for Defence or a person designated by the Minister responsible for Defence if the information is relevant to the defence of the country; (d) the Minister responsible for the Interior or a person designated by the Minister responsible for the Interior if the information is relevant to the internal security of the country; (e) the Minister responsible for Finance or a person designated by the Minister responsible for Finance if the information is relevant to the finance or economy of the country; (f) the Chief Justice, if the information is required by a court of competent jurisdiction; or 11 (g) a Minister of State or person in the public service, if in the opinion of the Director General, the disclosure of the information is essential in the public interest, and the public interest outweighs an invasion of privacy that may result from the disclosure.

Section 32Verify source

§ 33Offences for disclosure of information and identityOffence

A person must not disclose information obtained or accessed while carrying out functions under the Act if that information could reveal the identity of a confidential source or a Bureau employee.

Section 33—Offences for disclosure of information and identity (1) Subject to the Constitution and section 32, a person shall not disclose any information obtained by that person or to which that person had access in the performance of functions under this Act or to which that person had access in the administration or enforcement of this Act and from which there can be inferred the identity of (a) any other person who is or was a confidential source of information or assistance to the Bureau; or (b) a person who is or was an employee engaged in operational activities of the Bureau. (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a term of imprisonment of not less than five years and not more than ten years.

Section 33Verify source

§ 34Disclosure before ParliamentProvision

A Bureau employee does not have to produce a document or other evidence before Parliament if the Speaker or the Bureau’s supervising body certifies public-interest or security concerns.

Section 34—Disclosure before Parliament (1) An employee of the Bureau shall not be required to produce before Parliament a document or any other evidence where (a) the Speaker certifies that the (i) document or the other evidence belongs to a class of documents of evidence, the production of which is injurious to the public interest; or (ii) disclosure of the evidence or of the contents of the document will be injurious to the public interest; or (b) the supervising body of the Bureau certifies that the (i) documents or any other evidence belong to a class of documents or evidence the production of which is prejudicial to the security of the Republic; or (ii) disclosure of the evidence or of the contents of the document is prejudicial to the security of the Republic. (2) Where there is doubt as to the nature of a document or any other evidence referred to in subsection (1), the Speaker or the Council shall refer the matter, in accordance with article 135 of the Constitution, to the Supreme Court for determination of whether the production, or the disclosure of the contents or the document or any other evidence would be injurious to the public interest or prejudicial to the security of the Republic.

Section 34Verify source

§ 35Application of Evidence Act, 1975 (N.R.C.D. 323)Provision

The disclosure provisions in this Act do not override a person's privilege under the Evidence Act, 1975 for disclosure of information.

Section 35—Application of Evidence Act, 1975 (N. R. C. D. 323) The provision on disclosure of information in this Act are without prejudice to the privilege conferred on a person under the Evidence Act, 1975 (N.R.CD. 323) in relation to disclosure of information.

Section 35Verify source

§ 36Protection of employeesProvision

An employee of the Bureau, when performing functions under this Act and subject to the Constitution, has the same rights and powers as a police officer.

Section 36—Protection of employees 12 Subject to the Constitution, an employee of the Bureau, in the performance of functions under this Act, has the same rights, powers and protections as are conferred by law on a police officer.

Section 36Verify source

§ 37RegulationsProvision

The Minister must make Regulations within 12 months of the Act coming into force.

Section 37—Regulations (1) The Minister shall, within twelve months of the coming into force of this Act, by legislative instrument, make Regulations for the effective and efficient implementation of this Act. (2) Without limiting subsection (1), the Regulations may provide for (a) the conditions of service of employees of the Bureau; (b) matters relating to code of conduct and discipline of the employees; (c) matters relating to reporting procedures; and (d) matters relating to the Scheme of service of the Bureau.

Section 37Verify source

§ 38Collaboration with other public institutionsProvision

The Bureau must collaborate with other public institutions when carrying out its functions, and public institutions must provide the Bureau with the assistance it requires.

Section 38—Collaboration with other public institutions The Bureau shall, in the performance of the functions of the Bureau, collaborate with other public institutions and the public institutions shall provide the assistance required by the Bureau.

Section 38Verify source

§ 39InterpretationInterpretation

This section defines key terms used in the Act.

Section 39—Interpretation In this Act, unless the context otherwise requires, "authorised officer" means an officer of the Bureau or an officer of an intelligence agency performing a function under this Act; "communications" means signal systems, broadcasting, information and communications technologies in general; "Council" means the National Security Council established by article 83 of the Constitution; "cyberspace" means a global domain within the information environment consisting of the interdependent network of information systems infrastructures such as the internet, telecommunications networks, computer systems, and imbedded processors and controllers; "employee" means a person who is appointed as an employee of the Bureau or has become an employee of the Bureau under this Act whether by transfer, secondment, or otherwise; "Minister" means the Minister responsible for National Security; "national security and intelligence agencies" includes all security and intelligence agencies operating under the (a) Ministry responsible for National Security; (b) Ministry responsible for the Interior; and (c) Ministry responsible for Defence; "National Security Strategy" means a document prepared periodically by the government to outline the major national security concerns of the country and the plans of Government to address the concerns; 13 "national well-being" means the creation of conditions by the nation for the population to thrive and involves the quality of life, prosperity and positive physical and mental health of the population; "Officer" includes senior and junior staff of the Bureau; "serious offences" include (a) participation in an organised criminal group, terrorism and terrorist financing, money laundering, human trafficking, people smuggling, sexual exploitation, illicit trafficking in narcotic drugs, illicit arms trafficking, trafficking in stolen and other goods, corruption and bribery, serious fraud, counterfeiting and piracy of products, smuggling, extortion, forgery, insider trading and market manipulation. (b) murder, grievous bodily harm, robbery or stealing, where these are predicate offences for a serious offence, and (c) any other similar offences or related prohibited activity punishable with imprisonment for a period of not less than five years and not more than twenty-five years; "security and intelligence stakeholders" include intelligence, defence and law enforcement communities, critical infrastructure operators, border security agencies, the ambulance service, disaster response agencies, protectors of transport and maritime systems; and "Republic" means the Republic of Ghana.

Section 39Verify source

§ 40Transitional Provisions SCHEDULE FORMS OF OATH Oath of Office Oath of Secrecy on Taking Office Oath of Allegiance Oath of Secrecy on Leaving OfficeProvision

Section 40—Transitional provisions (1) The assets, rights, obligations and liabilities of the Bureau of National Communications in existence immediately before the coming into force of this Act, are transferred to the Bureau established under this Act. (2) A person in the employment of the Bureau of National Communications immediately before the coming into force of this Act shall, on the coming into force of this Act, be considered to have been employed by the Bureau established by this Act on terms and conditions which are not less in aggregate to the terms and conditions attached to the post held by that person before the coming into force of this Act. (3) Any moneys held by or on behalf of the Bureau of National Communications in existence immediately before the coming into force of this Act are transfered to the Bureau established under this Act. SCHEDULE (section 31) Forms of Oath OATH OF OFFICE I, ...................................................................................................................................................... .......................................................do (in the name of the Almighty God swear) (solemnly 14 affirm) that I will faithfully and impartially to the best of my abilities, perform the functions required of me as the Director-General or employee of the Bureau. So help me God. OATH OF SECRECY ON TAKING OFFICE I, ...................................................................................................................................................... ......., do (in the name of the Almighty God swear) (solemnly affirm) that I will not, without due authority, directly or indirectly communicate or disclose or make known to a person an information acquired by me by reason of the functions performed by me on behalf, of or under the direction of, the National Signals Bureau or by any reason of an office or employment held by me pursuant to the National Signals Bureau Act, 2020 (Act ..... ). So help me God. OATH OF ALLEGIANCE I, ...................................................................................................................................................... ......... do (in the name of the Almighty God swear) (solemnly affirm) that I will bear true faith and allegiance to the Republic of Ghana, to the President of Ghana, to the Government of Ghana, as by law established, that I will uphold the sovereignty and integrity of the Republic of Ghana and that I will preserve, protect and defend the Constitution of the Republic of Ghana. So help me God. OATH OF SECRECY ON LEAVING OFFICE I, ...................................................................................................................................................... ........., having retired or resigned from my appointment in or having had my appointment terminated by the National Signals Bureau, do hereby (in the name of the Almighty God swear) (solemnly affirm) that I will not directly or indirectly communicate or disclose or make known to any person any matter which was considered by me or came to my knowledge in the discharge of my official duties save as may be specifically required by law. So help me God. Date of Gazette Notification: 29th December, 2020.

Section 40Verify source

Legislative relationships

8 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

7 instruments

Bureau may use firearms when carrying out duties under this Act
Section 29
Bureau must first use the internal grievance procedures in the conditions of service and the Code
Section 21
Bureau of National Communications in existence immediately before the coming into force of this Act
Section 40
Bureau or an officer of an intelligence agency performing a function under this Act
Section 39
Bureau shall not disclose any information obtained in the performance of a function under this Act
Section 32
Director-General. (4) A public officer seconded to the Bureau shall (a) be bound by the Code
Section 11
Evidence Act, 1975
Section 35

N–S

1 instrument

National Signals Bureau There is established by this Act
Section 1

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