24   No. 42866 GOVERNMENT GAZETTE, 28 NOVEMBER 2019 Act No. 8 of 2019 Critical Infrastructure Protection Act, 2019 24 (b) the failure or refusal contemplated in paragraph (a) creates a substantial risk that the critical infrastructure in question cannot be secured in the event of a threat; and (c) in the event of a threat, a failure to secure the critical infrastructure in question is likely to cause an imminent disruption of— (i) the functioning or stability of the economy of the Republic; (ii) the maintenance of law and order; (iii) the provision of basic public services; or (iv) national security. (6) Despite the power of the Minister to take or cause steps to be taken in respect of the security of any critical infrastructure as contemplated in subsection (5), the Minister, when exigent circumstances dictate that the provisions of subsection (3) or (4) be dispensed with, may apply to a court having jurisdiction for— (a) an order compelling the person in control of critical infrastructure— (i) to comply with any provision of this Act or to cease contravening a provision of this Act; (ii) to comply with any notice issued under subsection (3) or take any other reasonable steps necessary to secure the critical infrastructure in question; or (iii) to cease any method or practice of safeguarding or securing the critical infrastructure in question that may cause a serious breach of the physical security measures of that critical infrastructure; or (b) any other order the court considers appropriate. (7) A notice referred to in subsections (3) and (4) must be given to the person in control of the infrastructure or a person designated by the person in control of the critical infrastructure or, in their absence, the most senior employee available at the critical infrastructure to whom the notice can be issued. (8) The Minister may, by notice in the Gazette, in consultation with the head of a public entity or statutory body, either generally or subject to such conditions as may be specified in the notice, extend the powers provided for in this section to any competent person employed by a public entity contemplated in section 1 of the Public Finance Management Act, 1999 (Act No. 1 of 1999), or any other statutory body if that person is a peace officer contemplated in section 1(1) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977). (9) The notice referred to in subsection (8) must set out— (a) the extent to, and the conditions under, which such powers are extended to such person; and (b) the extent to which the directives contemplated in subsection (2)(b)(ii) are applicable to such person in the exercise of such powers. (10) An inspector, prior to exercising any power in terms of this Chapter, must identify himself or herself to the person in control or the security manager of the critical infrastructure in question and must produce the certificate issued by the National Commissioner referred to in section 10(2). 5 10 15 20 25 30 35 40 Part C Committees, exemption and delegations 45 Ad hoc and standing committees 12. (1) The National Commissioner may, when he or she deems it necessary or expedient to obtain advice or assistance in order to perform any function contemplated in section 9(2) and (3), establish any ad hoc or standing committee to assist him or her. (2) A committee established under subsection (1) may establish ad hoc working 50 groups to assist it in the performance of its functions. (3) Any committee or working group established under subsections (1) and (2) may include persons who are not police officials. This gazette is also available free online at www.gpwonline.co.za