22   No. 42866 GOVERNMENT GAZETTE, 28 NOVEMBER 2019 Act No. 8 of 2019 Critical Infrastructure Protection Act, 2019 22 Designation of inspectors 10. (1) The National Commissioner may designate police officials who are in possession of an appropriate security clearance certificate, experienced in infrastructure protection, on at least the rank level of a warrant officer, as inspectors. (2) The National Commissioner must issue each inspector designated in terms of subsection (1) with a certificate in the prescribed form, stating that the police official has been designated as an inspector in terms of this Act. 5 Functions of inspectors 11. (1) An inspector may, at any reasonable time, conduct an inspection at a critical infrastructure to— (a) verify whether the person in control of that critical infrastructure took the steps to secure the critical infrastructure contemplated in section 24(1); (b) verify any information relating to the declaration as critical infrastructure as well as the physical security assessment report contemplated in section 17(4)(c)(i) or any other subsequent physical security assessment; (c) review the physical security assessment and evaluate the status of the physical security of the critical infrastructure; (d) verify compliance with this Act; and (e) compile a report on the matters referred to in paragraphs (a) to (d) for the National Commissioner and the person in control of the critical infrastructure. (2) An inspector must— (a) preserve, or aid in preserving, confidentiality with regard to all matters concerning the operational activities of the critical infrastructure that may come to his or her knowledge in the performance of his or her duties and may not communicate any such matter to any person except the National Commissioner, or unless a court of law orders such communication, or insofar as such communication is necessary to properly carry out the inspection; (b) carry out his or her duties and exercise his or her powers— (i) subject to any prescribed procedure; (ii) in accordance with any directives issued by the Minister; (iii) in a manner that does not hamper or endanger the operational activities of the critical infrastructure where an inspection is being conducted; and (iv) with strict regard to decency and order. (3) Where the person in control of a critical infrastructure fails or refuses to allow an inspector access to the critical infrastructure concerned, the inspector may issue the prescribed compliance notice in the prescribed manner to the person in control of the critical infrastructure, requiring of that person to provide the inspector with access to the critical infrastructure within seven days, for the purpose of conducting the inspection. (4) If an inspector has reasonable grounds to believe that any method or practice of safeguarding or securing the critical infrastructure in question or any failure or refusal to comply with this Act, may negatively affect the physical security measures of that critical infrastructure, the inspector may, by written notice in the prescribed form and manner, order the person in control of that critical infrastructure to take, within a period specified in the notice, such steps in respect of the security of the critical infrastructure as may be specified in the notice. (5) Despite subsection (4), the Minister may take or cause steps to be taken in respect of the security of any critical infrastructure, when credible information on oath is brought to his or her attention to the effect that— (a) the person in control of critical infrastructure fails or refuses to— (i) comply with the provisions of this Act; or (ii) take the steps contemplated in the notice referred to in subsection (4); This gazette is also available free online at www.gpwonline.co.za 10 15 20 25 30 35 40 45 50