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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 fund

38. 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by the Minister, in consultation with the Cabinet member responsible for national financial matters, and may be withdrawn when required.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.