REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI...
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(aa)
(ii)
natural person, to a fine not exceeding R2 000 000 or to
imprisonment for a period not exceeding 10 years; or
(bb)
juristic person, to a fine not exceeding R5 000 000; or
an employee, to a fine not exceeding R2 000 000 or to imprisonment for a
period not exceeding 10 years.
(3A) Any electronic communication service provider who fails to comply with(a)
the directives issued in terms of section 30 (2) (a) ;
(b)
section 40 (1), (2), (3), (4) or any determination made thereunder,
(6), (7), (9) or (10); or
(c)
section 62 (6) (a) , (b) , (c) or (d) ,
is guilty of an offence and liable on conviction to a fine not exceeding R100 000 for each
day on which such failure to comply continues.
[Sub-s. (3A) inserted by s. 3 (b) of Act 48 of 2008.]
(3B) Any customer or person who fails to comply with section 40 (5) is guilty of an
offence and liable on conviction to a fine or to imprisonment for a period not exceeding
12 months.
[Sub-s. (3B) inserted by s. 3 (b) of Act 48 of 2008.]
(3C) An employee or agent of an electronic communication service provider who fails
to comply with section 40 (8), is guilty of an offence and liable on conviction to a fine or
to imprisonment for a period not exceeding 12 months.
[Sub-s. (3C) inserted by s. 3 (b) of Act 48 of 2008.]
(3D) Any(a)
(b)
juristic person contemplated in section 62C (1); or
person contemplated in section 62C (2),
who fails to comply with section 62C, is guilty of an offence and liable on conviction to a
fine not exceeding R2 000 000 or to imprisonment for a period not exceeding 10 years.
[Sub-s. (3D) inserted by s. 3 (b) of Act 48 of 2008.]
(4) (a) Any decryption key holder or any employee of a decryption key holder who(i)
contravenes or fails to comply with section 29 (1);
(ii)
(iii)
contravenes or fails to comply with section 29 (2), (3) (b) , (5) or (7) or 42
(2); or
performs an act contemplated in subsection (1) (a) (iii), (v) or (vii),
is guilty of an offence.
(b) Any decryption key holder or employee of a decryption key holder who is convicted
of an offence referred to in paragraph (a) is liable, in the case of(i)
a decryption key holder who is a(aa)
(ii)
natural person, to a fine not exceeding R2 000 000 or to
imprisonment for a period not exceeding 10 years; or
(bb)
juristic person, to a fine not exceeding R5 000 000; or
an employee, to a fine not exceeding R2 000 000 or to imprisonment for a
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