18   No. 42866 GOVERNMENT GAZETTE, 28 NOVEMBER 2019 Act No. 8 of 2019 Critical Infrastructure Protection Act, 2019 18 (3) When approving guidelines referred to in subsection (1)(b), the Council must consider the following: (a) any submission by the National Commissioner as contemplated in section 9(2) ; (b) any relevant submission by any other person having an interest in the protection of critical infrastructure; (c) any budgetary implications related to critical infrastructure protection; (d) any other matter that may promote the purpose of this Act or affect the implementation thereof. (4) The guidelines referred to in subsection (1)(b) must include guidelines regarding— (a) the identification and management of risks relating to critical infrastructure; (b) the establishment and maintenance of a legitimate, effective and transparent process for identifying and declaring infrastructure as critical infrastructure; and (c) the procedures to coordinate the functions and activities of Government departments and the private sector insofar as those functions and activities are performed to achieve the purpose of this Act. (5) In addition to any function contemplated in this section, the Council may— (a) advise the Minister on the evaluation, monitoring and reviewing of the implementation of policy, protocols, standards and legislation related to the protection of critical infrastructure; and (b) make recommendations to the Minister on any function of the Minister contemplated in section 22 or section 23. (6) The Council must, on a bi-annual basis, submit a report to the Minister regarding— (a) the activities of the Council during the period preceding the report; (b) particulars pertaining to the number of declarations as critical infrastructure, including the names of the critical infrastructure; (c) particulars pertaining to any decision by the Council to depart from publication of the notice contemplated in section 17(7)(b); (d) particulars pertaining to any limitations or revocation as critical infrastructure; (e) the level and extent of public-private sector cooperation; and (f) any other matter that may impact on the protection of critical infrastructure or the functioning of the Council. 5 10 15 20 25 30 35 Meetings of Critical Infrastructure Council 8. (1) The Critical Infrastructure Council must meet at least quarterly. (2) The Secretary for the Police Service must ensure that secretarial services are 40 provided to the Critical Infrastructure Council. (3) The chairperson may at any time convene a special meeting of the Council and must also convene such a meeting at the written request of the Minister. (4) If at least three members of the Council request a special meeting in writing, the chairperson must convene such a meeting within seven days after receiving the request. (5) Seven members of the Council, which must include the chairperson or deputy 45 chairperson, will constitute a quorum at any meeting of the Council. (6) Decisions of the Council must be taken by majority of votes, and in the case of an equality of votes the chairperson has a casting vote in addition to his or her deliberative vote. This gazette is also available free online at www.gpwonline.co.za

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