Critical Infrastructure Protection Act, 2019 (Act No. 8 of 2019)Chapter 7 : General and Transitional Provisions30. Transitional arrangements |
| (1) | Any National Key Point or National Key Point Complex declared under any of the laws referred to in the Schedule (‘‘the previous Acts’’), must be deemed to be a critical infrastructure until the Minister has decided whether or not to declare such National Key Point or National Key Point Complex as a critical infrastructure in terms of section 20(1). |
| (2) | Within a period of 48 months after the coming into operation of this Act, the National Commissioner must, after consultation with a person in control of a National Key Point, compile a report regarding the suitability of each National Key Point or National Key Point complex to be declared as a critical infrastructure or determined to be a critical infrastructure complex, as the case may be, and submit such report, together with a recommendation, to the Critical Infrastructure Council who must deal with the report in the manner contemplated in section 19. |
| (3) | Within a period of three months after the coming into operation of this Act, the person in control of a critical infrastructure contemplated in subsection (1) must ensure that the process of vetting any security service provider, including any security officer employed at the critical infrastructure, has been initiated. |
| (4) | Subject to subsection (5), this Act does not affect any proceedings instituted in terms of any of the previous Acts which were pending in a court immediately before the date of commencement of this Act and such proceedings must be disposed of in the court in question as if this Act had not been passed. |
| (5) |
| (a) | Proceedings contemplated in subsection (4) must be regarded as having been pending if the person concerned has pleaded to the charge in question. |
| (b) | No proceedings may continue against any person in respect of any contravention of a provision of any of the previous Acts if the alleged act or omission constituting the offence would not have constituted an offence if this Act had been in force at the time when the act or omission took place. |
| (6) |
| (a) | Despite the repeal of the previous Acts, any person who, before such repeal, committed an act or omission which constituted an offence under that Act and which constitutes an offence under this Act may, after this Act takes effect, be prosecuted under the relevant provisions of this Act. |
| (b) | Despite the retrospective application of this Act as contemplated in paragraph (a), any penalty imposed in terms of this Act in respect of an act or omission which took place before this Act came into operation, may not exceed the maximum penalty which could have been imposed on the date when the act or omission took place. |
| (7) | The functions, powers and duties assigned in terms of sections 3, 8 and 12 of the National Key Points Act, 1980 (Act No. 102 of 1980), and the regulations related to those sections shall remain in force for the period contemplated in subsection (2) insofar as they are not in conflict with the provisions of this Act. |
| (8) | The Minister must, by notice in the Gazette and within a period of 60 days after the coming into operation of this Act, publish a list containing the names of National Key Points or National Key Point Complexes which are deemed to be critical infrastructure in terms of subsection (1). |