REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI...
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(b) If any place referred to in paragraph (a) (i)
is established as an interception centre as contemplated in that paragraph,
all assets, liabilities, rights and obligations of that place will vest in the
interception centre so established; or
(ii)
ceases to exist as contemplated in that paragraph, all(aa)
assets, including liabilities and obligations relating thereto,
and rights of that place will, as from the date on which it
ceases to exist, vest in interception centres established by
section 32 (1) (a) and specified by the Cabinet member
responsible for intelligence services for that purpose, without
formal transfer and without payment of any fees, duties,
taxes or other charges; and
(bb)
other liabilities and obligations of that place remain with the
Police Service, Defence Force, Agency, Service or Directorate,
whichever used that place for purposes referred to in
paragraph (a) .
[Date of commencement of sub-s. (5): 30 June 2008.]
(6) (a) Notwithstanding section 40 (1), an electronic communication service provider
who, prior to the date of commencement of this section, provides a mobile cellular
electronic communications service must, within 18 months from the said date, record and
store the information contemplated in section 40 (2) in respect of all customers whose
SIM-cards are activated on its system, if the information in question has not already been
recorded and stored in terms of section 40.
(b) Section 40 (2), (3), (4), (9) and (10) applies with the necessary changes in respect
of the information recorded and stored in terms of paragraph (a) .
(c) The obligations and rights conferred upon a person and an applicant in terms of
section 40 (7) and (8) apply with the necessary changes.
(d) An electronic communication service provider shall not allow service continuation
on its electronic communication system in respect of any activated SIM-card if the
information referred to in paragraph (b) has not been recorded and stored at the expiry
of the 18-month period contemplated in paragraph (a) .
[Sub-s. (6) substituted by s. 4 of Act 48 of 2008.]
[Date of commencement of sub-s. (6): 1 July 2009.]
62A
Determination of tariffs
The Minister may, in consultation with the Cabinet member responsible for
communications, at the request of any electronic communication service provider who
provides a mobile cellular electronic communications service, determine uniform tariffs of
compensation payable by the electronic communication service providers who provide a
mobile cellular electronic communications service, to persons employed to record and
store the information contemplated in sections 40 and 62 (6) of the Act.
[S. 62A inserted by s. 5 of Act 48 of 2008.]
62B
Information to be provided to customers
An electronic communication service provider who provides a mobile cellular electronic
communications service must, from the date of commencement of this section, inform(a)
a customer of his or her obligations in terms of sections 40, 41 and 62
(6) and 62C of the Act;
(b)
a customer of the manner in which the obligations must be complied
with; and
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