SECTION |
TITLE |
|
ARRANGEMENT
OF SECTIONS |
|
CHAPTER
1. INTRODUCTORY PROVISIONS |
1. |
Definitions and interpretation |
|
CHAPTER
2. PROHIBITION OF INTERCEPTION OF COMMUNICATIONS AND PROVISION OF
REAL-TIME OR ARCHIVED COMMUNICATION -RELATED IN FORMATION AND EXCEPTIONS |
|
Part 1. Prohibition of interception
of
communications and exceptions |
2. |
Prohibition of interception of
communication |
3. |
Interception of communication under
interception direction |
4. |
Interception of communication by
party to
communication |
5. |
Interception of communication with
consent
of party to communication |
6. |
Interception of indirect
communication in
connection with carrying on of business |
7. |
Interception of communication to
prevent
serious bodily harm |
8. |
Interception of communication for
purposes
of determining location in case of emergency |
9. |
Interception of communications
authorised
by certain other Acts |
10. |
Monitoring of signal for purposes of
installation or maintenance of equipment, facilities or devices |
11. |
Monitoring of signal and radio
frequency
spectrum for purposes of managing radio frequency spectrum |
|
Part 2. Prohibition of provision of
real-time or archived communication-related information and exceptions |
12. |
Prohibition of provision of
real-time or
archived communication-related information |
13. |
Provision
of real-time or archived communication-related information under
real-time communication-related direction or archived
communication-related direction |
14. |
Provision of real-time or archived
communication-related information upon authorisation by customer |
15. |
Availability of other procedures for
obtaining real-time or archived communication related information |
|
CHAPTER
3. APPLICATIONS FOR, AND ISSUING
OF, DIRECTIONS AND ENTRY WARRANTS |
16. |
Application for, and issuing of,
interception direction |
17. |
Application for, and issuing of,
real-time
communication-related direction |
18. |
Combined
application for, and issuing of, interception direction, real-time
communication-related direction and archived communication-related
direction or interception direction supplemented by real-time
communication related direction |
19. |
Application 'for, and issuing of,
archived
communication-related direction |
20. |
Amendment or extension of existing
direction |
21. |
Application for, and issuing of,
decryption direction |
22. |
Application for, and issuing of,
entry
warrant |
23. |
Oral application for, and issuing
of,
direction, entry warrant, oral direction or oral entry warrant |
23A. | Disclosure that the person
in respect of whom a direction, extension of a direction or entry
warrant is sought is a journalist or practising lawyer [...inserted by
Constitutional Court Case under its remedial powers in Case 2021_003
that declared Act 2002_070_000 partially unconstitutional, suspended
for 36 months from 2021/02/04] |
24. |
Reports on progress |
25. |
Cancellation of direction, entry
warrant,
oral direction or oral entry warrant |
25A. | Post-surveillance notification [...inserted by
Constitutional Court Case under its remedial powers in Case 2021_003
that declared Act 2002_070_000 partially unconstitutional, suspended
for 36 months from 2021/02/04] |
|
CHAPTER
4. EXECUTION OF DIRECTIONS AND
ENTRY WARRANTS |
26. |
Execution of direction |
27. |
Execution of entry warrant |
28. |
Assistance by postal service
provider and
telecommunication service provider |
29. |
Assistance by decryption key holder |
|
CHAPTER
5. INTERCEPTION CAPABILITY AND
COMPENSATION |
30. |
Interception capability of
telecommunication services and storing of communication-related
information |
31. |
Compensation payable to postal
service
provider, telecommunication service provider and decryption key holder |
|
CHAPTER
6. INTERCEPTION CENTRES, OFFICE
FOR INTERCEPTION CENTRES AND INTERNET SERVICE PROVIDERS ASSISTANCE FUND |
32. |
Establishment of interception centres |
33. |
Establishment of Office for
Interception
Centres |
34. |
Director and staff of Office |
35. |
Powers, functions and duties of
Director |
36. |
Head and staff of interception
centres |
37. |
Keeping of records by heads of
interception centres and submission of reports to Director |
38. |
Establishment and control of
Internet
Service Providers Assistance Fund |
|
CHAPTER
7. DUTIES OF TELECOMMUNICATION
SERVICE PROVIDER AND CUSTOMER |
39.. |
Information to be obtained and kept
by
certain telecommunication service providers |
40. |
Information
to be obtained and kept by electronic communication service provider
who provides a mobile cellular electronic communications service [...Title amended by Act 2008_048_002_20090109 - was entitled
"Information to be obtained and kept in respect of
cellular phone and SIM-card"] |
41. |
Loss, theft or destruction of
cellular
phone or SIM-card to be reported |
|
CHAPTER
8. GENERAL PROHIBITIONS AND
EXEMPTIONS |
42. |
Prohibition on disclosure of
information |
43. |
Disclosure of information by
authorised
person for performance of official duties |
44. |
Listed equipment |
45. |
Prohibition on manufacture,
possession and
advertising of listed equipment |
46. |
Exemptions |
|
CHAPTER
9. CRIMINAL PROCEEDINGS, OFFENCES
AND PENALTIES |
47. |
Use of information in criminal
proceedings |
48. |
Proof of certain facts by certificate |
49. |
Unlawful interception of
communication |
50. |
Unlawful provision of real-time or
archived communication-related information |
51. |
Offences and penalties |
52 |
Failure to give satisfactory account
of
possession of cellular phone or SIM-card |
53. |
Absence of reasonable cause for
believing
cellular phone or SIM-card properly acquired |
54. |
Unlawful acts in respect of
telecommunication and other equipment |
55. |
Failure to report loss, theft or
destruction of cellular phone or SIM-card and presumption |
56. |
Revoking of licence to provide
telecommunication service |
57. |
Forfeiture of listed or other
equipment |
|
CHAPTER
10. GENERAL PROVISIONS |
58. |
Supplementary directives regarding
applications |
59. |
Amendment of section 205 of Act 51
of
1977, as substituted by section 11 of Act 204 of 1993 |
60. |
Amendment of section 11 of Act 140
of 1992 |
61. |
Amendment of section 3 of Act 40 of
1994,
as amended by section 3 of Act 31 of 1995 and section 3 of Act 42 of
1999 |
62. |
Repeal of law and transitional
arrangements |
62A. |
Determination of tariffs [...inserted by Act
2008_048_005_20090109] |
62B. |
Information to be provided to
customers [...inserted
by Act
2008_048_005_20090109] |
62C. |
Keeping of information by juristic
persons
and persons who lease SIM-cards [...inserted by Act
2008_048_005_20090109] |
63. |
Short title and commencement |
Sch.1 |
SCHEDULE I. [s1] [...relabeled by Act 2020_019_058_20210601 - was labeled "Schedule (Section 1)"] |
Sch. 2 | SCHEDULE II. [s1] [..inserted by Act 2020_019_058_20210601] |