Amendments to National Gambling Bill, 2003
Proposed by the dti pursuant to submissions to the Portfolio Committee on Trade
23 September 2003
1 Insert "or provincial legislation" at end of subsection (d) of definition of "casino";
2. Delete words "brother and sister" from definition of "family member";
3. Delete words "other than a totalisator bet, taken by a bookmaker" from definition of "fixed-odds bet";
4 Delete words "(a) a totalisator machine; or (b)" and the word "other" from definition of "gambling machine";
5. Delete definition of "Horseracing Authority";
6. Substitute definition of "open bet" with "means
(a) a bet, other than a totalisator bet, taken by a bookmaker on one or more contingencies, in which no fixed-odds are agreed at the time the bet is placed; or
a bet in respect of which the payour is determined after the outcome of the contingency on which such a bet is struck became known, with reference to dividends generated by a totalisator."
8. Delete words "being a player" from section 4(2)(a) and delete section 4(2)(b) in its entirety
9. Substitute section 9 with: "Despite any other law, a person must not -
(a) import, manufacture, supply, selI, lease, make available, possess, maintain or alter a gambling device unless that person is authorised to do so in terms of this Act or applicable provincial laws to do so
(b) possess or make available for play a gambling machine or gambling device for use in a gambling activity unless registered ownership or possession of the machine or device has been transferred to that person in terms of section 23(6)."
10. Delete the word "restricted" and the words "or an activity licensed as social gambling" from sections 12(1)©, (d), (e)(iii), 12(2)© and 12(3)© and (d)
11. Substitute section 13(1) with: "A person licensed to make any gambling activity available to the public must not extend credit, in the name of the licensee or a third party, to any person for the purposes of gambling contrary to this Act.
12. Substitute "at any time" with "within a prescribed time" in section 14(1)(b):
13. Substitute section 14(7) with "The Minister may, by regulation made in accordance with section 87 prescribe
(a) fees for services in connection with the maintenance and access to the register of excluded persons, other than the registration of excluded persons; and (b)Standards to be employed by licensees in giving effect to subsections (8) and (9)."
13. Substitute section 14(9) with:
"A person referred to in subsection (8) must take
(a) the prescribed measures to determine accurately whether or not a person is an excluded person, before permitting that person to do anything contemplated h~ subsection (8) (a) to (d); and
(b) Is not liable for admitting an excluded person provided the licensee has taken the required action. "Substitute "licensed" for "gambling" and insert "at which gambling activities are available" after premises in section 15(2)
15. Insert section 15(1)(d): "A person must not advertise any gambling activity or related service as being available to the public free of charge or at a discounted rate contrary to this Act." lnsert section 15(3): "The Minister may by regulation in accordance with section 87 exempt any specific type of advertising or advertising media from the application of this section if the Minister is satisfied that the advertising is not targeted to the general public. " Delete sections 17(1) and 17(3);
18. Substitute section 17(2) with: "No person may place or operate a cash dispensing machine at any location at which gambling activities are available to be played, contrary to this Act."
19. Insert "in which gambling activities may take place" after "licensed premises" in section 17(5).
20. Substitute section 19 with:
"(1) Every gambling machine or gambling device must be registered in accordance with this Act,
(2) Every gambling machine or gambling device made available for play by the public in the Republic of South Africa must be certified in accordance with the requirements of this Act as complying with the relevant standards for such a device, as determined in terms of the Standards Act, 1993 (Act No.29 of 1993). "Substitute "manner and form required by or in terms of a provincial law" with "prescribed manner and form" in section 20(1).
22. Section 23.
23. Insert "to the extent provided in provincial legislation" after "province" in sections
30(1) and 30(2)
24. Substitute section 38(1) with: "An applicant must apply to a provincial licensing authority for a national license as a testing agent, to test and calibrate gambling machines or gambling devices."
25. Delete "and social and economic consequences" from section 53(1)(a)(ii);
26. Insert section 53(1 )(b):"must consider the potential socio-economic impact on the community of the proposed location of the licensed premises." and renumber consequential sections
27. Substitute "At every anniversary of' with "At least once every year after" and insert "other than an employment license" after "license" in section 53(2)
28. Substitute section 65(2)(d) with: "monitor socio-economic patterns of gambling activity within the Republic and in particular must research and identify factors relating to, and patterns, causes, and consequences of (a) the socio-economic impact of gambling; and (b) habitual and obsessive gambling."
29. Insert section 65(2) (e):" provide public education about the risks and socio-economic impact of gambling" with consequential numbering changes
30. Insert "set out above or" after "any matter" in section 65(2)(f)
31. Delete "applicable provincial legislature" from section 66(2),
32. Delete section 3