REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI...

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There is hereby established an office to be known as the Office for Interception
Centres.

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Director and staff of Office

(1) The Minister and the relevant Ministers must, from among their respective
Departments, second a member or an officer to the Office as the Director: Office for
Interception Centres, who will be the head of the Office.
(2) The Director may exercise the powers and must perform the functions and carry
out the duties conferred upon, assigned to or imposed upon him or her by the Minister or
under this Act, subject to the control and directions of the Minister.
(3) Whenever the Director is for any reason unable to exercise, perform and carry out
his or her powers, functions and duties or when the secondment of a member or an
officer as Director is pending, the Minister and the relevant Ministers may, from among
their respective Departments, designate a member or an officer to the Office as Acting
Director, to exercise the powers, perform the functions and carry out the duties of the
Director.
(4) The Director will in the exercise of the powers, performance of the functions and
carrying out of the duties conferred upon, assigned to or imposed upon him or her by the
Minister or under this Act, be assisted, subject to his or her control and directions, by(a)
members of the law enforcement agencies, seconded or designated to
the Office for that purpose by the-

(b)

(i)

National Commissioner;

(ii)

Secretary for Defence;

(iii)

Director-General: National Intelligence Agency;

(iv)

Director-General: South African Secret Service; and

(v)

National Director; and

officers of any other Department of State seconded to the Office, for a
particular service.

(5) A member or an officer may only be seconded or designated as contemplated in
this section and section 36(a)
in terms of the laws regulating such secondment;

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(b)

with his or her consent; and

(c)

after a security clearance has been issued by the Agency in respect of
that member or officer.

Powers, functions and duties of Director

(1) In order to achieve the objects of this Act, the Director(a)
must carry out the administrative duties relating to the functioning of
the Office;
(b)

must exercise control over heads of interception centres and staff of
the Office;

(c)

must manage, and exercise administrative control over, interception
centres;

(d)

must regulate the procedure and determine the manner in which the
provisions of this Act must be carried out by interception centres;

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