OFFICIAL SECRETS ACT (as amended at 31 December 2004) 11 Authority of Attorney-General required for institution of criminal proceedings Where any person is brought before a court on a charge of— (a) committing an offence in terms of this Act; or (b) attempting to commit or inciting another person or conspiring with another person to commit an offence in terms of this Act; or (c) being an accessory after the fact of the commission of an offence in terms of this Act; no further proceedings in respect thereof shall be taken against him without the authority of the Attorney-General except such as the court may think necessary by way of remand to secure the due appearance of the person charged. 13 Declaration of prohibited place (1) If it appears to the President to be necessary or expedient that any premises or area should be a prohibited lace for the purposes of this Act, he may by order declare such premises or area to be a prohibited place for the purposes of this Act. (2) An order in terms of subsection (1)— (a) shall be made in writing signed by or on behalf of the President and addressed to the owner or occupier of the premises or area; and (b) shall specify— (i) the extent of the premises or area declared to be a prohibited place; and (ii) any measures necessary for demarcating the premises or area; and (c) shall be served on the owner or occupier of the premises or area by a person appointed by the President: Provided that where the premises or area is owned by the State or occupied by a department of the State, the order shall be addressed to and served on the Secretary to the Ministry responsible for the administration of the premises or area or occupying the premises or area, as the case may be. (3) The owner or occupier of any premises or area on whom an order is served in terms of subsection (2) shall, at his own expense, erect or cause to be erected at or near such premises or area, within such period as may be specified by the President in the order, warning notices in accordance with such provisions as may be specified by the Minister by notice in a statutory instrument. (4) If the owner or occupier fails to comply with subsection (3), the Minister may cause such measures to be taken and recover by action in a competent court the expenses incurred in doing so from the owner or occupier concerned. (5) The President may at any time revoke or amend an order in terms of subsection (1) by causing a further order in writing signed by him or on his behalf to be served on the owner or occupier of the premises or area to which the firstmentioned order relates. 12 Extra-territorial application of Act (1) This Act shall apply also in respect of any act which constitutes an offence in terms of this Act and is committed outside Zimbabwe by a person who is a citizen or resident of Zimbabwe. (2) A person shall not be deemed to have ceased to be a resident of Zimbabwe for the purposes of subsection (1) by reason only of his absence therefrom, if— (a) he retains a home in Zimbabwe; or (b) he is absent from Zimbabwe for a temporary purpose; or (c) he is domiciled in Zimbabwe. (3) In any proceedings for any offence referred to in subsection (1) it shall be presumed, unless the contrary is proved, that the person accused was at all times a citizen or resident of Zimbabwe. Note on recent amendments The amendment has been amended on two occasions since the publication of the Revised Edition in 1996⎯ • as regards penalties, in sections 4, 5, 6 and 7, by the Criminal Penalties Amendment Act, 2001 (No. 22 of 2001), with effect from the 20th May, 2002 • by the insertion of a new subsection (1a) in section 4 by section 92 of the Access to Information and Protection of Privacy Act [Chapter 10:27] (No. 5 of 2002) with effect from the 15th March, 2002. All the amendments are reflected in this print-out. 161 [Chapter 11:09]