REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI...
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sells, purchases or advertises listed equipment under the authority of a certificate of
exemption issued to him or her or it for that purpose by the Minister under section 46.
46
Exemptions
(1) (a) The Minister may, upon application and in consultation with the relevant
Ministers, exempt any(i)
Internet service provider from complying with section 30 (4) in respect of the
facilities and devices referred to in section 30 (2) (a) (ii);
(ii)
telecommunication service provider or any other person from one or all of
the prohibited acts referred to in section 45 (1); or
(iii)
law enforcement agency from the prohibited acts of possessing and
purchasing referred to in section 45 (1),
for such period and on such conditions as the Minister determines.
(b) A condition referred to in paragraph (a) may include that an Internet service
provider to whom an exemption has been granted under paragraph (a) (i) must pay as
an annual contribution to the Fund such amount as the Minister determines in each case.
(2) The Minister may only grant an exemption under subsection (1) (a) if he or she is
satisfied that(a)
in the case of an exemption under subsection (1) (a) (i), the Internet
service provider concerned carries on such a small business that he or
she cannot comply with section 30 (4); or
(b)
in the case of an exemption under subsection (1) (a) (ii), the purpose
for which the listed equipment will be manufactured, assembled,
possessed, sold, purchased or advertised is reasonably necessary;
and
(c)
such exemption is in the public interest; or
(d)
special circumstances exist which justify such exemption.
(3) (a) An exemption under subsection (1) (a) must be granted by issuing to the(i)
Internet service provider;
(ii)
telecommunication service provider or other person; or
(iii)
law enforcement agency,
concerned, a certificate of exemption in which his or her or its name and the scope,
period and conditions of the exemption are specified.
(b) A certificate of exemption issued under paragraph (a) (i)
must be published in the Gazette ; and
(ii)
becomes valid upon the date of such publication.
(4) (a) The Minister must, before he or she publishes a certificate of exemption in
terms of subsection (3) (b) (i), table such certificate in the National Assembly for
approval.
(b) The National Assembly may reject a certificate tabled in terms of paragraph (a)
within two months after it has been tabled, if Parliament is then in ordinary session, or, if
Parliament is not then in ordinary session, within 14 days after the commencement of its
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