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 fund38. Establishment and control of Internet Service Providers Assistance Fund |
| (1) | There is hereby established a fund to be known as the Internet Service Providers Assistance Fund. |
| (2) | The Fund will be credited with— |
| (a) | the contributions referred to in section 46(1)(b); |
| (b) | interest derived from the investment of money in the Fund; and |
| (c) | money accruing to the Fund from any other source. |
| (3) | The money in the Fund must be utilised for— |
| (a) | acquiring, whether by purchasing or leasing, facilities and devices for purposes of section 46(1)(b)', and |
| (b) | the expenses involved in the control and management of the Fund. |
| (4) | The Director is the accounting officer of the Fund in terms of the Public Finance Management Act, 1999 (Act No. 1 of 1999). |
| (5) | The Fund is, subject to the directions of the Minister, in consultation with the relevant Ministers, under the control and management of the Director, who— |
| (a) | must utilise the money in the Fund in accordance with subsection (3); |
| (b) | will be charged with the responsibility of accounting for money received in, and payments made from, the Fund; and |
| (c) | must cause the necessary accounting and other related records to be kept. |
| (6) | The Minister, in consultation with the relevant Ministers, must make recommendations to the Director relating to the utilisation of the money in the Fund as contemplated in subsection (3)(a). |
| (7) | Any money in the Fund which is not required for immediate use must be invested by the Director with a banking institution approved by the Minister, in consultation with the Cabinet member responsible for national financial matters, and may be withdrawn when required. |
| (8) | Any unexpended balance of the money in the Fund at the end of any financial year must be carried forward as a credit in the Fund to the next financial year. |
| (9) | The Fund and the records referred to in subsection (5)(c) must be audited by the Auditor-General. |