(1) The Commission may, with the approval of the Minister, by regulation, order or notice, prescribe matters
that, by this Act, are required or permitted to be prescribed or that in the opinion of the Commission are necessary
or convenient to be prescribed for carrying out or giving effect to this Act.
[Subsection substituted by section 21 of Act 20 of 2007]
(2) Without derogating from the generality of subsection (1), regulations, orders or notices made in terms of
subsection (1) may provide for—
(a) the form, manner and period in which applications for registration shall be made;
(b) the form, manner and period in which complaints against public bodies, mass media services and journalists shall be dealt with;
(c) the amount of annual levy payable to the Fund;
(d) the manner in which moneys held in the Fund may be invested;
(e) the fees to be paid for applications, accreditation and registration and the manner of their payment;
(f) the form, manner and period in which requests for information from public bodies shall be made;
(g) the standards to be observed by employees of public bodies when responding to requests for information;
(i) the procedures to be followed when disclosing information;
(j) persons, organisations or institutions exempted from the provisions of this Act;
(k) the fee to be paid to a public body to access information or a record;
(l) personal information that may be disclosed by a public body;
(m) the information to be contained in an application for registration of a mass media service;
(n) information to be disclosed for research or statistical purposes;
(o) the form and manner of publisher’s imprints;
(p) the qualifications for accreditation as a journalist;
[Paragraph amended by section 25 of Act 5 of 2003]
(q) the period for when contributions to the Fund will be made;
(r) periodicals or publications exempt from registration.
92 Amendment of section 4 of Cap. 11:09
The Official Secrets Act [Chapter 11:09] is amended in section 4 by the insertion after subsection (1) of the
following subsection
“(1a) For the avoidance of doubt it is declared that subsection (1) shall not apply to the disclosure in accordance with the Access to Information and Protection of Privacy Act [Chapter 10:27] (Act No. 5 of 2002) of any
document or information by a person who, being the head of a public body as defined in that Act, has lawful access to that document or information.”.
93 Transitional provisions
(1) Any person who, immediately before the date of commencement of this Act, was lawfully operating a
mass media service shall be deemed to be registered for the purpose of providing the same service for a period of
three months from the date of commencement of this Act, and any application for registration made after that date
in terms of this Act for a certificate of registration to provide that service shall be treated as an application for a
new certificate and not for the renewal of a certificate.
[Subsection amended by section 24 of Act 5 of 2003]
(2) Any journalist who was accredited before the coming into operation of this Act shall be deemed to be accredited for the remainder of the year 2002.
FIRST SCHEDULE (Section 4)
RECORDS EXCLUDED FROM APPLICATION OF ACT
(a) A personal note, communication or draft decision of a person who is acting in a judicial or quasi-judicial
capacity;
(b) any record that is protected in terms of the Privileges, Immunities and Powers of Parliament Act [Chapter 2:08];
(c) a record that is created by or for, or is in the custody or control of a person in terms of the Children’s
Act [Chapter 5:06] and relates to the exercise of that person’s functions under that Act;
(d) a record of a question that is to be used in an examination or test;
(e) a record containing teaching materials or research information of employees of a post-secondary educational body;
(f) material placed in the National Archives or the archives of a public body by or for a person or agency
other than a public body;
(g) any record or information relating to any matter or issue referred to in section 31K of the Constitution,
and any matter or issue relating to the exercise of the functions and powers of the President.