16   No. 42866 GOVERNMENT GAZETTE, 28 NOVEMBER 2019 Act No. 8 of 2019 Critical Infrastructure Protection Act, 2019 16 (17) Members of the Council who are appointed in terms of subsection (8) may be paid such remuneration and allowances as the Minister may, with the written concurrence of the Minister of Finance, determine. (18) The deputy chairperson referred to in subsection (11) must, when the chairperson is absent or unable to perform his or her duties, act in his or her stead and when so acting, exercise or perform any function of the chairperson. 5 Disqualification from appointment as member of Critical Infrastructure Council 5. A person is disqualified from being appointed or continuing to serve as a member of the Critical Infrastructure Council contemplated in section 4(2)(b) and (c), if he or 10 she— (a) is not a South African citizen; (b) does not have a valid top secret security clearance certificate issued to him or her by the State Security Agency; (c) is an unrehabilitated insolvent; (d) has, in the preceding 20 years, been sentenced in the Republic or elsewhere, 15 to imprisonment without the option of a fine; (e) has a direct or indirect financial or personal interest in any critical infrastructure; (f) has been removed from an office of trust; or 20 (g) is by virtue of any other law, disqualified from being appointed. Funding and remuneration 6. The expenses incurred in connection with the exercise of the powers, the carrying out of the duties and the performance of the functions of the Critical Infrastructure Council, including the remuneration and expenses contemplated in section 4(17), must be defrayed from the budget allocation of the Civilian Secretariat for the Police Service, 25 established in terms of section 4(1) of the Civilian Secretariat for Police Service Act, 2011 (Act No. 2 of 2011), as voted in terms of the annual Division of Revenue Act. Functions of Critical Infrastructure Council 7. (1) The functions of the Critical Infrastructure Council are to— (a) subject to subsection (2), consider any application for declaration of infrastructure as critical infrastructure referred to in Chapter 3 and make recommendations on such application to the Minister; (b) subject to subsection (3), approve guidelines regarding— (i) the assessment of an application contemplated in section 17; (ii) the implementation of the prescribed system for categorisation of critical infrastructure in a low-risk, medium-risk or high-risk category referred to in sections 19(1)(b) and 20(1)(b); (iii) policies, protocols and standards regarding any matter necessary to achieve the purpose of this Act; and (iv) the promotion of public-private sector cooperation in the protection of critical infrastructure; and (c) perform any other functions which may be assigned to the Council by the Minister. (2) When making a recommendation to the Minister on an application referred to in subsection (1)(a), the Council must consider the following before making such a recommendation— (a) The requirements referred to in section 16(1); (b) any criteria contemplated in section 16(2); (c) any report or submission that must accompany such application; (d) an appropriate risk categorisation of the infrastructure in question in accordance with the prescribed system of categorisation referred to in sections 19(1)(b) and 20(1)(b); and (e) any conditions for such declaration as contemplated in section 21(1)(c). This gazette is also available free online at www.gpwonline.co.za 30 35 40 45 50