39 "designated judge" means a designated judge as defined in section 1 of the Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002 (Act No. 70 of 2002); "law enforcement agency" means— (a) the South African Police Service referred to in section 5 of the South African Police Service Act, 1995 (Act No. 68 of 1995); and (b) the State Security Agency referred to in section 3(1) of the Intelligence Services Act, 2002 (Act No. 65 of 2002); "magistrate" includes a regional court magistrate; “public available data” means data which is accessible in the public domain without restriction; and “specifically designated member of a law enforcement agency” means— (a) a commissioned officer referred to in section 33 of the South African Police Service Act, 1995 (Act No. 68 of 1995), who has been designated in writing by the National Commissioner; or (b) a member as defined in section 1 of the Intelligence Services Act, 2002 (Act No. 65 of 2002), who has has been designated in writing by the Director-General: State Security; to— (i) make oral applications for a search warrant or an amendment of a warrant contemplated in section 30; (ii) issue expedited preservation of data directions contemplated in section 40; or (iii) serve a disclosure of data direction from the designated judge on a person or electronic communications service provider contemplated in section 41(7). Application of provisions in this Chapter