REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI...
Page 53 of 67
(b)
real-time or archived communication-related information provided
under that direction,
(i)
disclose such contents or evidence or real-time or archived
communication-related information to another law enforcement
officer, to the extent that such disclosure is necessary for the proper
performance of the official duties of the authorised person making or
the law enforcement officer receiving the disclosure; or
(ii)
use such contents or evidence or real-time or archived
communication-related information to the extent that such use is
necessary for the proper performance of his or her official duties.
may-
44
Listed equipment
(1) (a) The Minister must, by notice in the Gazette , declare any electronic, electromagnetic, acoustic, mechanical or other instrument, device or equipment, the design of
which renders it primarily useful for purposes of the interception of communications,
under the conditions or circumstances specified in the notice, to be listed equipment.
(b) A notice issued under paragraph (a) may at any time in like manner be amended
or withdrawn.
(c) The first notice to be issued under paragraph (a) must be published in the Gazette
within three months after the fixed date.
(2) (a) Before the Minister exercises the powers conferred upon him or her by
subsection (1), he or she must(i)
consult the relevant Ministers; and
(ii)
cause to be published in the Gazette a draft of the proposed notice, together
with a notice inviting all interested parties to submit to him or her in writing
and within a specified period, comments and representations in connection
with the proposed notice.
(b) A period of not less than one month must elapse between the publication of the
draft notice and the notice under subsection (1).
(3) Subsection (2) does not apply(a)
if the Minister, in pursuance of comments and representations
received in terms of subsection (2) (a) (ii), decides to publish a notice
referred to in subsection (1) in an amended form; and
(b)
to any declaration in terms of subsection (1) in respect of which the
Minister is of the opinion that the public interest requires that it be
made without delay.
(4) Any notice issued under subsection (1) must, before publication thereof in the
Gazette , be submitted to Parliament.
45
Prohibition on manufacture, possession and advertising of listed
equipment
(1) Subject to subsection (2) and section 46, no person may manufacture, assemble,
possess, sell, purchase or advertise any listed equipment.
(2) Subsection (1) does not apply to any telecommunication service provider or other
person who, or law enforcement agency which, manufactures, assembles, possesses,
http://juta/nxt/print.asp?NXTScript=nxt/gateway.dll&NXTHost=juta&function=fullact... 12/7/2009