REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI... (b) Page 20 of 67 if such steps included the interception of an indirect communication, any recording of that indirect communication that has been obtained by means of that interception, any full or partial transcript of the recording and any notes made by that telecommunication service provider of that indirect communication. (6) A designated judge must keep all written confirmations and affidavits and any recordings, transcripts or notes submitted to him or her in terms of subsections (4) (b) and (c) and (5), or cause it to be kept, for a period of at least five years. 9 Interception of communications authorised by certain other Acts (1) Any communication may, in the course of its occurrence or transmission, be intercepted in any prison as defined in section 1 of the Correctional Services Act, 1998 ( Act 111 of 1998 ), if such interception takes place in the exercise of any power conferred by or under, and in accordance with, any regulations made under that Act. (2) If any regulations referred to in subsection (1)(a) were made prior to the fixed date, the Cabinet member responsible for correctional services must within one month after the fixed date, if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within one month after the commencement of its next ensuing ordinary session, submit a copy of those regulations to Parliament; or (b) are made after the fixed date, the Cabinet member responsible for correctional services must, before the publication thereof in the Gazette , submit those regulations to Parliament. 10 Monitoring of signal for purposes of installation or maintenance of equipment, facilities or devices Any person who is lawfully engaged in duties relating to the(a) installation or connection of any equipment, facility or device used, or intended to be used, in connection with a telecommunication service; (b) operation or maintenance of a telecommunication system; or (c) installation, connection or maintenance of any interception device used, or intended to be used, for the interception of a communication under an interception direction, may, in the ordinary course of the performance of those duties, monitor a signal relating to an indirect communication where it is reasonably necessary for that person to monitor that signal for purposes of performing those duties effectively. 11 Monitoring of signal and radio frequency spectrum for purposes of managing radio frequency spectrum Any person appointed as an inspector in terms of section 17F of the Independent Communications Authority of South Africa Act and who is lawfully engaged in performing the functions of the Authority relating to the management of the radio frequency spectrum, as contemplated in section 30 (1) of the Electronic Communications Act, may, in the ordinary course of the performance of those functions, monitor a signal or radio frequency spectrum relating to an indirect communication which is transmitted over radio, where it is reasonably necessary for that employee to monitor that signal or radio frequency spectrum for purposes of identifying, isolating or preventing an unauthorised or interfering use of such a signal or frequency or of a transmission. [S. 11 substituted by s. 97 of Act 36 of 2005.] Part 2 http://juta/nxt/print.asp?NXTScript=nxt/gateway.dll&NXTHost=juta&function=fullact... 12/7/2009