Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002 (Act 70 of 2002)Chapter 6 : Interception centres, office for interception centres and Internet service providers assistance fund36. Head and staff of interception centres |
| (1) | The Minister must in respect of every interception centre to be established by section 32(1), request the persons referred to in section 34(4)(a)(i) to (v) to second a member or an officer from among their respective Departments to such interception centre as head of the interception centre in terms of the laws regulating such secondment. |
| (2) | The head of an interception centre may exercise the powers and must perform the functions and carry out the duties conferred upon, assigned to or imposed upon him or her by the Director or under this Act, subject to the control and directions of the Director. |
| (3) | Whenever the head of an interception centre is for any reason unable to exercise, perform and carry out his or her powers, functions and duties or when the secondment of a member or an officer as head of an interception centre is pending, the Minister may request the persons referred to in section 34(4)(a) to (v), to designate, from among their respective Departments, a member or an officer to that interception centre as acting head of the interception centre concerned, to exercise the powers, perform the functions and carry out the duties of the head of that interception centre. |
| (4) | The head of an interception centre will in the exercise of the powers, performance of the functions and carrying out of the duties conferred upon, assigned to or imposed upon him or her by the Director or under this Act, be assisted, subject to his or her control and directions, by— |
| (a) | members of the law enforcement agencies, seconded or designated to the interception centre concerned for that purpose by the persons referred to in section 34(4)(a)(i) to (v); and |
| (b) | officers of any other Department of State seconded to the Office, for a particular service. |
| (5) | A member or an officer seconded or designated in terms of subsection (4) may exercise the powers and must perform the functions and carry out the duties conferred upon, assigned to or imposed upon him or her by the Director or the head of the interception centre concerned, subject to the control and directions of the head of the interception centre concerned. |
| (6) | In order to achieve the objects of this Act, the head of an interception centre must exercise control over members and officers seconded or designated to the interception centre in terms of subsection (4). |