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(c)
if the application is successful, inform the National Director of Public
Prosecutions of the outcome of the application.
(4)
A person or an electronic communications service provider who—
(a)
fails to comply with an order referred to in section 46(6); or
(b)
makes a false statement in an application referred to in subsection (2),
is guilty of an offence and is liable on conviction to a fine not exceeding R5 million or
imprisonment not exceeding 5 years or to both such fine and imprisonment.
Informing foreign State of outcome of request for assistance and cooperation and
furnishing of data to foreign State
48.
(1)
The National Director of Public Prosecutions must inform a foreign
State of the outcome of its request for assistance and cooperation.
(2)
Any data which is intercepted or obtained in terms of an order
referred to in section 46(6) of this Act, must be—
(a)
provided to the 24/7 Point of Contact, established in terms of section 49 of this
Act, for submission to an authority, court or tribunal of a foreign State, in an
industry-standard format which ensures ease of access to the information and
which guarantees the authenticity, integrity and reliability of the information; and
(b)
accompanied by—
(i)
a copy of the order referred to in section 46(6); and
(ii)
an affidavit in the prescribed form by the person or authorised
representative of an electronic communications service provider, verifying
the authenticity, integrity and reliability of the information that is furnished.
(3)
A person or electronic communications service provider must keep
copies of any the information which is furnished to the 24/7 Point of Contact in terms of
subsection (2)(a), for a period of three years, in a manner which will ensure the
authenticity, integrity and reliability of the information.