REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI...

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(d) The first notice to be issued under paragraph (a) must be published in the Gazette
within three months after the fixed date.
(2) The forms of assistance referred to in subsection (1) (a) (i) must include, in the
case of a(a)
telecommunication service provider, the making available of a facility,
device or telecommunication system; and
(b)

decryption key holder, the(i)

disclosure of a decryption key; and

(ii)

provision of decryption assistance.

(3) The compensation payable to a postal service provider, telecommunication service
provider or decryption key holder in terms of this section will only be for direct costs
incurred in respect of personnel and administration which are required for purposes of
providing any of the forms of assistance contemplated in subsection (1) (a) (i).
(4) Any notice issued under subsection (1) must, before publication thereof in the
Gazette , be submitted to Parliament.

CHAPTER 6
INTERCEPTION CENTRES, OFFICE FOR INTERCEPTION CENTRES AND
INTERNET SERVICE PROVIDERS ASSISTANCE FUND (ss 32-38)
32

Establishment of interception centres

(1) The Minister, in consultation with the relevant Ministers and the Cabinet member
responsible for national financial matters, must, at State expense(a)
establish one or more centres, to be known as interception centres,
for the interception of communications in terms of this Act;
(b)

equip, operate and maintain such interception centres;

(c)

acquire, install and maintain connections between telecommunication
systems and interception centres; and

(d)

administer the interception centres.

(2) The Minister must exercise final responsibility over the administration and
functioning of interception centres.
(3) Notwithstanding the Electronic Communications Act, an interception centre will, for
purposes of performing its functions in terms of this Act, be exempted from(a)
obtaining any kind of licence required by that Act; and
(b)

paying any fees payable in terms of that Act.
[Sub-s. (3) amended by s. 97 of Act 36 of 2005.]

(4) The Minister must enter into service level agreements with the relevant Ministers in
respect of the provision of services by the interception centres to the law enforcement
agencies.
(5) The Executive Director may enter into agreements with the National Commissioner
and National Director to make use of the services of interception centres, including the
cost thereof.

33

Establishment of Office for Interception Centres

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