[Chapter 11:20]
Interception of Communications Act
No. 6/2007
13 Compensation payable to service provider or protected
information key holder
(1) The Minister, after consultation with the Authority, shall by notice in the Gazette
prescribe—
(a) the forms of assistance given by a service provider or protected information key holder
in the execution of a warrant, notice or directive issued in terms of this Act for which it
must be compensated by the State; and
(b) reasonable tariffs of compensation payable to a service provider or protected
information key holder for providing the forms of the assistance referred to in
paragraph (a).
(2) The forms of assistance referred to in subsection (1)(a) must include, in the case of—
(a) a telecommunication service provider, the making available of a facility, device or
telecommunication system; and
(b) a protected information key holder—
(i) the disclosure of the key; and
(ii) the provision of assistance in rendering intelligible the protected information.
(3) The tariffs prescribed under subsection (1)(b)—
(a) may differ in respect of different categories of service providers or protected
information key holders;
(b) must be uniform in respect of each service provider or protected information key
holder falling within the same category.
(4) The compensation payable to a service provider or protected information key holder
shall only be for direct costs incurred in respect of personnel and administration which are
required for purposes of providing any of the forms of assistance referred to in subsection
(1)(a).
PART IV
POSTAL ARTICLES
14 Application for detention order
(1) If an authorised person suspects on reasonable grounds that a postal article in the
custody of a postal service provider—
(a) contains anything in respect of which an offence or attempted offence is being
committed; or
(b) contains anything that will afford evidence of the commission of an offence; or
(c) is being sent to further the commission of an offence; or
(d) needs to be obtained and examined in the interests of defence, public safety or public
order;
he or she may apply to the Minister for a detention order to detain the postal article for the
purpose of examination.
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