National Strategic Intelligence Act, 1994 (Act No. 39 of 1994)6. Regulations |
| (1) | The Minister may, after consultation with the Joint Standing Committee on Intelligence, subject to subsection (2), make regulations regarding— |
| (a) | the protection of information and intelligence; |
| (b) | the carrying out of vetting investigations by members of the National Intelligence Structures; |
[Paragraph (1)(b) substituted by section 7(a) of Act No. 11 of 2013]
| (c) | the conduct of counter-intelligence operations, counter-measures and intrusive operations; |
[Paragraph (1)(c) substituted by section 7(a) of Act No. 11 of 2013]
| (d) | production and dissemination of intelligence for consideration by Cabinet and the executive; |
| (e) | the co-ordination of counter-intelligence by the Agency; |
| (f) | the supply of intelligence products to the Minister; |
[Paragraph (1)(f) substituted by section 7(b) of Act No. 11 of 2013]
| (fA) | the manner and form in which departmental intelligence shall be supplied to State departments; |
[Paragraph (1)(fA) inserted by section 7(c) of Act No. 11 of 2013]
| (fB) | the manner and form in which Nicoc may be tasked to gather and produce intelligence products; |
[Paragraph (1)(fB) inserted by section 7(c) of Act No. 11 of 2013]
| (fC) | the provision of staff required for the administration of this Act; |
[Paragraph (1)(fC) inserted by section 7(c) of Act No. 11 of 2013]
| (fD) | any matter necessary for the effective execution and administration of counter-intelligence functions and the co-ordination and interpretation of intelligence products; and |
[Paragraph (1)(fD) inserted by section 7(c) of Act No. 11 of 2013]
| (g) | any other matter necessary for the effective administration of this Act. |
| (2) | Any regulation which may affect a function of the National Defence Force or the South African Police Service shall be made in consultation with the Minister responsible for that Force or Service, as the case may be. |
| (3) | A vetting investigation contemplated in subsection (1)(b) may entitle the relevant members of the National Intelligence Structures concerned to subject the person undergoing a vetting investigation to a polygraph examination as prescribed, in order to determine the reliability of information provided by him or her. |
[Subsection (3) substituted by section 7(d) of Act No. 11 of 2013]
| (4) | A regulation made under this Act may not be published in the Gazette, but where such a regulation only affects the members of the National Intelligence Structures or their functioning, the affected parties must be notified in a manner determined by the Minister. |
| (5) | A regulation made under this section may provide that any person who contravenes a provision thereof or fails to comply therewith shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding five years. |
[Section 6 substituted by section 7 of Act No. 67 of 2002]