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Interception
of Communications Bill,
2006 (HB 4, 2006) - Differences between the original
and consolidated versions
Veritas
November 27, 2006
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Differences
between the original Bill HB 4, 2006, gazetted on 26th May, 2006,
and new consolidated text substituted by resolution of House of
Assembly on 7th November, 2006
House of Assembly
Votes & Proceedings for 7th November, 2006, recorded approval
of the following motion moved by the Minister of Justice, Legal
and Parliamentary Affairs:–
"That
the present text of the Interception of Communications Bill (H.B.
4, 2006) currently on the Order Paper be withdrawn and be replaced
by a new consolidated text of the bill in terms of Standing Order
No. 128 and that the new bill be treated as having been introduced
in terms of Standing Order No. 103 and referred to the Parliamentary
Legal Committee."
Earlier, Press
reports had predicted that there would be a new text designed to
meet constitutional objections to the original Bill identified by
the Parliamentary Legal Committee and drawn to the attention of
the responsible Minister. The Committee's report on the new consolidated
text is yet to be presented.
The new consolidated
text of the Bill differs from the original H.B. 4, 2006 in several
respects, as follows:–
clause 2 (Interpretation)
- definition of "interception subject" or "target"
omitted, definition of "organised criminal group" inserted
and definition of "serious offence" rewritten
clause 6 (Issue
of warrant) – in subsection (1) paragraph (a) has been rewritten
and paragraph (d) has been omitted. The original subclause (2) permitting
unwritten urgent applications has also been omitted.
clause 7 (Scope
of warrant renewal thereof) – renewal of a warrant is handled
differently (involving the Attorney-General and the Administrative
Court in certain circumstances)
clause 12 (Interception
capability of telecommunication service) – in subclause ()(b)
the words "with this section and" have been omitted
clause 13 (Compensation
payable to service provider or protected information key holder)
– the order of subclauses (2) and (3) has been reversed.
clause 18 (Appeals)
– there will be no appeal to the Minister; appeals will go
to the Administrative Court
clause 19 (Review
of exercise of Minister's powers under this Act) – new clause,
providing for annual review by the Attorney-General of the Minister's
use of his power to issue warrants for interception of communications
The following
table sets out extracts from both texts in order to facilitate comparison
of the old and new. New wording is emphasised by use of underlining
and bold font. Endnotes contain further material to assist the reader
in assessing the effect of references to the Criminal Procedure
and Evidence Act [Chapter 9:07] and the Courts and Adjudicating
Authorities (Publicity Restriction) Act [Chapter 7:04].
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