52 GOVERNMENT GAZETTE. 2 AUGUST 2002 No. 23708 Act No. 25,2002 ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, 2002 (2) A critical database administrator that fails to take the remedial action within the period stated in the notice is guilty of an offence. CHAPTER X DOhlAIN NAMEAUTHORITY AND ADMINISTRATION Part 1 5 Establishment and incorporationof .za domain name authority Establishment of Authority Incorporation of Authority 60. (1) The Ministermust. within 12 months of the date of commencement of this Act, take all steps necessary for the incorporation of the Authority as acompany contemplated in section 21(1) of the Companies Act. 1973 (Act No. 61 of 1973). 15 ( 2 )All citizens and permanent residents of the Republic are eligible for membership ofthe Authority and must be registered as members upon application and on payment of a nominal fee to cover the cost of registration of membership and without having to comply with any formality. ( 3 ) For the purpose of the incorporation of the Authority a person representing the 20 Minister and the members of Namespace ZA as at the date of applicationfor incorporation must be deemed to be members of the Authority. AuthoritF's memorandum and articles of association 61. ( 1 ) The memorandum of association and articles of association of the Authority InLlstbe consistent with this Chapter and, except where this Chapter provides to the contrary. also with the Companies Act, 1973 (Act No. 61 of 1973). ( 7 )Notwithstanding the CompaniesAct. 1973. an amendment to the memorandum of association or articles of association affecting any arrangement made by any provision of this Chapter. does not have any legal force and effect unless theMinisterhas consented in writing to such an amendment, which consent may not be withheld unreasonably. ( 3 ) No fee is payable in terms of the Companies Act. 1973, in respect of the reser\,ation of the name of the company, the registration of the said memorandum and articles and the issue of thc certificate to commence business. (4) Thememorandum and articles of association of the Authority must,amongst others. providc for( o j the rules for the convening and conducting of meetings of the Board, including the quorum required for and the minutes to be kept of those meetings: ( h i the manner in \vhich decisions are to be made: (c) the establishment of any division of the Authority to performspecialised functions; i d ) the establishment and functioning of committees,includingamanagement committee; ( e ) the co-opting by the Board or a committee of any person to assist the Authority or committee in the consideration of any particular matter; If) the preparation by the Board of an annual business plan in terms of which the activities of the Authority are planned annually; ( g ) the banking and in\,estment of funds by the Board; (17) provisions to regulate the manner in which, and procedures whereby, expertise from any person is obtained in order to further the objects of the Authority: 25 30 35 40 45 50