[Chapter 11:20] Interception of Communications Act No. 6/2007 offences in order to obtain, directly or indirectly, a financial or other material benefit; “party”, in relation to a communication, means a person whose access to the communication is or might reasonably be known by all other parties; “protected information” means information that is encrypted by means of a key; “serious offence” means conduct constituting an offence punishable by a maximum deprivation of liberty of at least four years or a more serious penalty; “service provider” means the provider of a postal service or telecommunication service; “warrant” means a warrant issued in terms of section 6. (2) Any word or expression to which a meaning has been assigned in the Postal and Telecommunications Act [Chapter 12:05] (No. 4 of 2000) shall have the same meaning when used in this Act. PART II CONTROL OF INTERCEPTION AND ESTABLISHMENT OF MONITORING CENTRE 3 Control of interception (1) Subject to subsection (2), no person shall— (a) intercept any communication in the course of its transmission by means of a telecommunication system or radiocommunication system unless— (i) he or she is a party to the communication; or (ii) he or she has the consent of the person to whom, or the person by whom, the communication is sent; or (iii) he or she is authorised by warrant; (b) intercept any communication in the course of its transmission through the post unless— (i) he or she has the consent of the person to whom, or the person by whom, the communication is sent; or (ii) he or she is authorised by warrant. (2) Subsection (1) shall not apply to the bona fide interception of a communication for the purpose of or in connection with the provision, installation, maintenance or repair of a postal, telecommunication or radiocommunication service. (3) Subject to subsections (1) and (2), any person who intentionally intercepts or attempts to intercept, or authorises or procures any other person to intercept or attempt to intercept, at any place, any communication in the course of its occurrence or transmission shall be guilty of an offence and liable to a fine not exceeding level fourteen or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment. 4 Establishment of monitoring centre (1) There shall be established a centre to be known as Monitoring of Interception of Communications Centre (MICC). (2) The monitoring centre shall be the sole facility through which authorised interceptions shall be effected. —4—