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Protection of Information Act, 1982 (Act No. 84 of 1982)

1. Definitions

 

(1)        In this Act, unless the context otherwise indicates—

 

"agent"

means any person who is or has been or is reasonably suspected of being or having been directly or indirectly used by or in the name of or on behalf of any foreign State or any hostile organization for the purpose of committing in the Republic or elsewhere an act prejudicial to the security or interests of the Republic, or who has or is reasonably suspected of having committed or attempted to commit such an act in the Republic or elsewhere in the interests of any foreign State or any hostile organization;

 

"armaments"

means armaments as defined in section 1 of the Armaments Development and Production Act, 1968 (Act No. 57 of 1968);

 

"document"

means—

(a) any note or writing, whether produced by hand or by printing, typewriting or any other similar process;
(b) any copy, plan, picture, sketch or photographic or other representation of any place or article;
(c) any disc, tape, card, perforated roll or other device in or on which sound or any signal has been recorded for reproduction;

 

"foreign State"

means any State other than the Republic;

 

"Government"

includes the South African Transport Services, the Department of Posts and Telecommunications and any provincial administration;

 

"hostile organization"

means—

(a) any organization declared by or under any Act of Parliament to be an unlawful organization;
(b) any association of persons or any movement or institution declared under section 14 to be a hostile organization;

 

"military"

includes army, air force and naval;

 

"model"

includes any design, pattern or specimen;

 

"prohibited place"

means—

(a) any work of defence belonging to or occupied or used by or on behalf of the Government, including—
(i) any arsenal, military establishment or station, factory, dockyard, camp, ship, vessel or aircraft;
(ii) any telegraph, telephone, radio or signal station or office; and
(iii) any place used for building, repairing, making, keeping or obtaining armaments or any model or document relating thereto;
(b) any place where armaments or any model or document relating thereto is being built, repaired, made, kept or obtained under contract with or on behalf of the Government of the Government or of any foreign State;
(c) any place or area declared under section 14 to be a prohibited place;

 

"security matter"

includes any matter which is dealt with by—

(a) the Agency as defined in section 1 of the Intelligence Services Act, 2002 (Act No. 65 of 2002); or
(b) the Office as defined in section 1 of the Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002 (Act No. 70 of 2002),

or which relates to the functions of the Agency or the Office or the relationship existing between any person and the Agency or the Office.

[Definition substituted by section 53 of the General Intelligence Laws Amendment Act, 2013 (Act No. 11 of 2013)]

 

(2) In this Act, unless the context otherwise indicates—
(a) any reference to the disclosing or receiving of anything includes a reference to the disclosing or receiving of any part or the substance, effect or description thereof;
(b) any reference to the obtaining or retaining of anything includes a reference to the obtaining or retaining of any part or the copying or causing to be copied of the whole or any part thereof, whether by photography or otherwise;
(c) any reference to the disclosing of anything includes a reference to the transmission or transfer thereof; and
(d) any reference to any offence or prosecution under any provision of this Act includes a reference to an offence or a prosecution under the provisions of section 18 of the Riotous Assemblies Act, 1956 (Act No. 17 of 1956), read with the relevant provisions of this Act.

 

 


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