Council as sole authority on equipment

(1) The Council shall be the only agency responsible or authorising the importation, exportation, manufacture, assembly, disassembly, operation, sale, or purchase of any electronic, electromagnetic, acoustic, mechanical or other instrument, device or equipment, the design of which renders it useful for purposes of the interception of communications and the acquisition of protected information or traffic data. (2) Subject to sub-section (4) of this section, the Council shall, by Order published in the Gazette, and one or more national newspapers declare any electronic, electromagnetic, acoustic, mechanical or other instrument or device, the design of which renders it useful for purposes of the interception of communications and the acquisition of protected information or traffic data, to be listed equipment subject to sub-section (1) of this section. (3) An Order under sub-section (2) of this section, may at any time in like manner be amended or withdrawn. (4) The Order to be issued by the Council under sub-section (2) of this section, shall be published in the Gazette and one or more national newspapers within twelve months after the date of commencement of this Act. (5) Subject to sub-section (7) of this section, before the Council exercises the powers conferred under sub-section (2) of this section, the Council shall cause to be published in the Gazette and one or more national newspaper the Order, together with a notice inviting all interested parties to submit in writing and within a specified period, comments and representations in connection with the Order. Interception of Communications[CAP. 229:01 45 (6) A period not exceeding three months shall elapse between the publication of the Order under sub-section (5) and the Order under sub-section (2) of this section. (7) Sub-section (5) of this section shall not apply– (a) if the Council, pursuant to comments and representations received in terms of sub- section (5) decides to publish an Order referred to in sub-section (2) of this section in an amended form; or (b) to any declaration in terms of sub-section (2) of this section in respect of which the Council is of the opinion that the public interest requires that it be made without delay.