INTERACTIVE GAMBLING ACT, 2003

Part III - Miscellaneous

38. (1) There shall be appointed, by name or office, a Director of Interactive Gambling.

(2) The Director shall, under the general direction of the Minister, be responsible for the administration of this Act.

(3) The Minister shall provide the Director with the staff, office accommodation and other matter necessary for carrying out the functions of the Director under this Act.

39. The following persons are inspectors tor the purposes of this Act —

(a) the Director;

(b) a person appointed as inspector under this Act;

(c) a person authorised in writing by the Director to act as an inspector.

40. The Minister may appoint by name or office persons to be inspectors under this Act.

41. (1) The Director shall give each inspector an identity card.

(2) The identity card shall —

(a) contain a recent photograph of the inspector;

(b) be signed by the inspector; and

(c) shall include the date of issue and the expiry date of the identity card.

(3) An inspector may exercise a power in relation to a person only if the inspector at the first reasonable opportunity produces the inspector's identity card for that person's inspection.

42. An inspector may at any reasonable time enter—

(a) a public place;

(b) a place where an authorised game in conducted;

(c) a place where a licensee carries on gaming business for the purpose of discharging an inspector's functions under this Act.

43.(1) An inspector may apply to a judge or magistrate for a warrant to enter any place other than a place referred to in section 42.

(2) The application shall be accompanied by an affidavit that states the grounds on which the warrant is sought.

(3) The judge or magistrate may issue a warrant if the judge or magistrate is satisfied that there are reasonable grounds for suspecting—

(a) that there is a thing or activity that may provide evidence of an offence against this Act; and

(b) that the evidence is at the place or may be at the place within the next seven days.

(4) The warrant shall authorise the inspector, with reasonable help and force, to enter the place and exercise the powers of an inspector under this Act, and shall specify the date, within 14 days after the issue of the warrant, on which the warrant expires.

44. An inspector who enters a place for enforcing compliance with this Act may—

(a) search any part of the place;

(b) inspect, measure, test, photograph or film any part of the place;

(c) take a thing or a sample from a thing for analysis or testing;

(d) copy a document;

(e) access, electronically or in some other way, a system used at the place for any interactive game or for administrative purposes related to the conduct of any game;

(f) take into the place any person, equipment or materials the inspector requires for exercising a power under this Act;

(g) require the occupier of the place or any other person at the place to give the inspector reasonable help to exercise the inspector's powers under paragraphs (a) to (f);

(h) require the occupier of the place or any other person at the place to give the inspector information to help the inspector ascertain whether this Act is complied with.

45. (1) A person required to give reasonable help under section 44(g), or information under section 44(h), shall comply with the requirement unless the person has a reasonable excuse.

(2) If a requirement is to be complied with by a person giving information or producing a document, other than a document required to be kept by the person under this Act, it is a reasonable excuse for failing to comply with the requirement if so complying might tend to incriminate the person.

46.(1) An inspector who enters a place under this Act may seize a thing at the place if the inspector reasonably believes that the thing is evidence of an offence against this Act.

(2) An inspector shall return a thing that is seized to its owner —

(a) at the end of 6 months; or

(b) if proceedings for an offence involving the thing is started within 6 months, at the end of the proceedings and any appeal from the proceedings.

(3) Subject to subsection (2) the inspector shall promptly return a thing seized as evidence to its owner when the inspector is no longer satisfied that its continued retention as evidence is necessary.

47.(1) Where the inspector reasonably believes that—

(a) a thing used in the conduct of an authorised game is unsatisfactory for the purpose for which it is used; and

(b) the continued use of the thing may adversely affect the integrity of the conduct of authorised games;

the inspector may, by written notice, direct the person who has control over the thing to stop using the thing in the conduct of authorised games.

(2) A person to whom a direction under subsection (I) is given shall comply with the direction.

48.(1) Where an inspector finds —

(a) a person committing an offence against this Act;

or

(b) a person in circumstances that lead the inspector to suspect that the person has just committed an offence against this Act,

the inspector may require the person to state the person's name and residential address.

(2) A person of whom a requirement is made under subsection (I) shall comply with the requirement.

49.(1) An inspector may require a person to produce for inspection by the inspector at a reasonable time and place nominated by the inspector—

(a) a document issued to the person under this Act;

(b) a document required to be kept by the person under this Act;

(c) if the person is a licensee, a document relating to the conduct of authorised games.

(2) The inspector may keep the document to copy it and return the document after copying it.

50.(1) An inspector may require a person or an executive officer of a corporation to attend before the inspector to answer questions or give information about any document produced by such person or officer.

(2) An inspector may require any of the following persons to attend before the inspector to answer questions or give information about the operation of a licensee —

(a) a licensee, or if the licensee is a corporation an executive officer of the licensee corporation;

(b) an employee of the licensee;

(c) an agent of the licensee or if the agent is a corporation an executive officer of such corporation;

(d) an employee of an agent mentioned in paragraph (c);

(e) any person associated with the operation or management of a licensee.

(3) A requirement under this section shall be made by written notice and shall state a reasonable time and place for the person's attendance.

(4) It shall be the duty of a person of whom a requirement is made under this section to attend before the inspector and answer any question truthfully.

51. The Minister may make regulations for the better carrying into effect of the provisions of this Act and, without prejudice to the generality of the foregoing, make regulations—

(a) prescribing the form and manner of registration of players and authentication of player's identity, by licensees;

(b) specifying the general conditions attached to a licence to conduct interactive games;

(c) requiring licensees to submit returns of particulars of the licensee's employees to the Director;

(d) prescribing the fees payable under this Act;

(e) regulating the conduct of authorised games and the prizes in such games;

(f) requiring the place where authorised games are to be conducted and the equipment to be used in such games to be approved by the Director; and such equipment to be kept at such place;

(g) providing for the monitoring of licensees' operations;

(h) relating to the payment and collection of prizes in authorised games and the disposal of unclaimed prizes;

(i) relating to the interruption of games due to failure of operating system or telecommunication system and the duties of a licensee upon such interruption;

(j) providing for the prevention of irresponsible gambling;

(k) providing for the safekeeping of gambling records;

(l) exempting any class of licensees from the application of any provision of this Act or regulations made under this Act.

52. (1) Any person who acts in contravention of any of the provisions of sections 6, 7, 22, 27 to 36 and 44 is guilty of an offence and is liable on conviction to a fine not exceeding R250.000.

(2) Subject to subsection (3) any person who contravenes any regulation made under this Act is guilty of an offence and is liable on conviction to a fine not exceeding R250,000.

(3) Notwithstanding subsection (2), a regulation made under section 51 may provide for a fine not exceeding R250.000 in respect of the offence of contravening that regulation.

I certify that this is a correct copy of the Bill which was passed by the National Assembly on 15th July, 2003.

Mrs. Sheila Banks

Clerk to the National Assembly