REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISION... Page 5 of 67
residential address is not available(aa)
(bb)
(ii)
(b)
the address where the person is employed;
the address where the business of the person is situated;
or
where such a person resides in an informal settlement and
cannot provide an address contemplated in subparagraph (i),
any other address, including that of a school, church or retail
store, where a person usually receives his or her post; or
in the case of a juristic person, the registered address or the address
where the business is situated;
[Definition of 'address' inserted by s. 1 (a) of Act 48 of 2008.]
'Agency' means the Agency as defined in section 1 of the Intelligence Services Act;
'applicant' means(a)
an officer referred to in section 33 of the South African Police Service
Act, if the officer concerned obtained in writing the approval in
advance of another officer in the Police Service with at least the rank
of assistant-commissioner and who has been authorised in writing by
the National Commissioner to grant such approval;
(b)
an officer as defined in section 1 of the Defence Act, if the officer
concerned obtained in writing the approval in advance of another
officer in the Defence Force with at least the rank of major-general
and who has been authorised in writing by the Chief of the Defence
Force to grant such approval;
(c)
a member as defined in section 1 of the Intelligence Services Act, if
the member concerned obtained in writing the approval in advance of
another member of the Agency or the Service, as the case may be,
holding a post of at least general manager;
(d)
the head of the Directorate or an Investigating Director authorised
thereto in writing by the head of the Directorate;
(e)
a member of a component referred to in paragraph (e) of the
definition of 'law enforcement agency', authorised thereto in writing
by the National Director; or
(f)
a member of the Independent Complaints Directorate, if the member
concerned obtained in writing the approval in advance of the
Executive Director;
'archived communication-related direction' means a direction issued under
section 18 (3) (a) or 19 (3) in terms of which a telecommunication service provider is
directed to provide archived communication-related information in respect of a customer;
'archived communication-related information' means any communication-related
information in the possession of a telecommunication service provider and which is being
stored by that telecommunication service provider in terms of section 30 (1) (b) for the
period determined in a directive referred to in section 30 (2) (a) , beginning on the first
day immediately following the expiration of a period of 90 days after the date of the
transmission of the indirect communication to which that communication-related
information relates;
'authorised person' means any(a)
law enforcement officer who may, in terms of section 26 (1) (a) (i),
execute a direction; or
http://juta/nxt/print.asp?NXTScript=nxt/gateway.dll&NXTHost=juta&function=fullact... 12/7/2009