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South Africa
NATIONAL LEGISLATION OVERVIEWS
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National Gambling Act, No. 7 of 2004

Long title


To provide for the co-ordination of concurrent national and provincial legislative competence over matters relating to casinos, racing, gambling and wagering, and to provide for the continued regulation of those matters; for that purpose to establish certain uniform norms and standards applicable to national and provincial regulation and licensing of certain gambling activities; to provide for the creation of additional uniform norms and standards applicable throughout the Republic; to retain the National Gambling Board; to establish the National Gambling Policy Council; to repeal the National Gambling Act, 1996; and to provide for matters incidental thereto.

Table of contents

SECTION TITLE

ARRANGEMENT OF SECTIONS

CHAPTER 1. INTERPRETATION AND APPLICATION
1. Definitions
1A. Interpretation [...inserted by Act 2008_010_002_20080714]
2. Application of Act
2A. Purpose of Act [...inserted by Act 2008_010_004_20080714]

CHAPTER 2. NATIONAL GAMBLING POLICY

Part A. Gambling activities
3. Gambling activities generally
4. Bets and wagers
5. Gambling games
5A. Interactive gambling transaction [...inserted by Act 2008_010_008_20080714]
6. Pay-out and opportunity to play further game
6A. Payment of prizes and remittance of profits and winnings [...inserted by Act 2008_010_009_20080714]
6B. Dispute resolution and complaint procedures [...inserted by Act 2008_010_009_20080714]
6C. Remittance to foreign nationals and external companies [...inserted by Act 2008_010_009_20080714]

Part B. Prohibited gambling, restricted activities and status of gambling debt
7. Gambling in relation to illegal activities unlawful
8. Unlicensed gambling activities unlawful
9. Unlicensed dealing in machines and devices unlawful
10. Unlicensed use of premises unlawful
11. Unauthorised interactive gaming unlawful
11A. Provision of interactive gambling facilities [...inserted by Act 2008_010_011_20080714]
12. Protection of minors
13. Restrictions on granting credit to gamblers
14. Excluded persons
15. Restrictions on advertising and promotion of gambling activities and granting of discounts
16. Enforceability of gambling debts and forfeiture of unlawful winnings

Part C. Gambling premises and websites [...title amended by Act 2008_010_016_20080714 - was entitled "Gambling premises"]
17. Standards for gambling premises and websites [...title amended by Act 2008_010_017_20080714 - was entitled "Standards for gambling premises"]
18. Sites
18A. Websites [...inserted by Act 2008_010_018_20080714]

Part D. Registration and certification of machines and devices
19. Gambling machines or gambling devices
20. Identification of gambling machines and devices
21. National register of gambling machines and devices
22. Gambling machines and devices to be registered
23. Transfer of registered ownership or possession
24. Criteria for issuing testing agent licence
25. Calibration and certification of gambling machines or gambling devices
26. Limited pay-out machines
27. National central electronic monitoring system

Part E. Licensing of persons employed in gambling industry
28. Gambling industry employees to be licensed
29. Conditions of employment licensing

CHAPTER 3. JURISDICTION AND LICENSING

Part A. Jurisdiction
30. Jurisdiction of provincial licensing authorities
31. Responsibilities of provincial licensing authorities
32. Jurisdiction of board
33. Responsibilities of board
34. Oversight function of board
35. Information sharing
36. Conflicting exercise of concurrent jurisdiction

Part B. National licences
37. Authority of national licence
37A. Maximum number of interactive gambling licences [...inserted by Act 2008_010_025_20080714]
38. Applicants for national licence
39. Authority to issue national licence
39A. Authority to issue interactive gambling operator licence [...inserted by Act 2008_010_028_20080714]
40. National licence procedures
41. Review of refusal to issue national licence
42. Review of proposal to issue national licence
43. Suspension and revocation of national licence

Part C. Provincial licences
44. Licensing by provinces to comply with national norms and standards
45. Maximum numbers of casino licences
46. Limitation of rights applicable to licence
47. Amusement games and machines

Part D. Licensing norms and standards
48. Licence criteria, categories and conditions
49. Disqualifications for employment licences
50. Disqualifications and restrictions for other licences
51. Disqualification after licence issued
52. Acquisition of interest by disqualified person

Part E. Additional norms and standards concerning non-employment licences
53. Economic and social development issues to be considered
54. Competition issues to be considered
55. State interests
56. Licence requirements, acquisitions and transfers

Part F. Licence investigations, decisions, transfer and surrender
57. External probity reports
58. Decisions
59. Licence transfers
60. Surrender of licence

CHAPTER 4. NATIONAL STRUCTURES

Part A. National Gambling Policy Council
61. Establishment of National Gambling Policy Council
62. Functions of National Gambling Policy Council
63. Council meetings

Part B. National Gambling Board
64. Continuation of National Gambling Board
65. Objects and functions of board
66. Relations with provincial licensing authorities
67. Composition of board
68. Conflicting interests
69. Resignation, removal from office, and vacancies
70. Meetings of board
71. Committees of board
72. Remuneration and allowances of members of board and committees
73. Staff of board and remuneration
74. Finances
75. Accountability, audits and reports

CHAPTER 5. ENFORCEMENT AND OFFENCES
76. National inspectorate
77. Powers and duties of inspector
78. Breach of confidence
79. Obstructing administration of Act
80. Self-incrimination
81. Failure to comply with Act
82. Offences and breach of licence condition
83. Penalties
84. Magistrate’s court jurisdiction to impose penalties
85. Serving documents
86. Proof of facts
86A. Delegation [...inserted by Act 2008_010_041_20080714]

CHAPTER 6. GENERAL PROVISIONS
87. Regulations
88. Repeal of laws
88A. Tax on interactive gambling** [...inserted by Act 2008_010_043_20080714]
89. Short title and commencement

SCHEDULE. TRANSITIONAL PROVISIONS [s0]
1 Definition
2 General preservation of regulations, rights, duties, notices and other instruments
3 National Gambling Board
4 National licences
5 Development of interactive gambling policy and legislation
6 Transitional maximum numbers of casino licences
7 Exclude persons
8 Regulations

Legislation Text Access Point

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