Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002 (Act 70 of 2002)Chapter 8 : General prohibitions and exemptions44. Listed equipment |
(1)
| (a) | The Minister must, by notice in the Gazette, declare any electronic, electro-magnetic, acoustic, mechanical or other instrument, device or equipment, the design of which renders it primarily useful for purposes of the interception of communications, under the conditions or circumstances specified in the notice, to be listed equipment. |
| (b) | A notice issued under paragraph (a) may at any time in like manner be amended or withdrawn. |
| (c) | The first notice to be issued under paragraph (a) must be published in the Gazette within three months after the fixed date. |
(2)
| (a) | Before the Minister exercises the powers conferred upon him or her by subsection (1), he or she must— |
| (i) | consult the relevant Ministers; and |
| (ii) | cause to be published in the Gazette a draft of the proposed notice, together with a notice inviting all interested parties to submit to him or her in writing and within a specified period, comments and representations in connection with the proposed notice. |
| (b) | A period of not less than one month must elapse between the publication of the draft notice and the notice under subsection (1). |
| (3) | Subsection (2) does not apply— |
| (a) | if the Minister, in pursuance of comments and representations received in terms of subsection (2)(a)(ii), decides to publish a notice referred to in subsection (1) in an amended form; and |
| (b) | to any declaration in terms of subsection (1) in respect of which the Minister is of the opinion that the public interest requires that it be made without delay. |
| (4) | Any notice issued under subsection (1) must, before publication thereof in the Gazette, be submitted to Parliament. |