INTERACTIVE GAMBLING ACT, 2003

Part II - Regulation of Interactive Games

3. (1) An application for a licence to conduct interactive games shall be made in the prescribed form accompanied by the prescribed application fee.

(2) The Minister may by written notice require an applicant to furnish the Minister with further information that would be necessary to deal with the application.

(3) An application by an individual shall contain a declaration that the applicant agrees to the applicant's photograph and fingerprints being taken.

(4) Where a person who is a non-Seychellois or a corporate body incorporated outside Seychelles applies for a licence the person or body shall appoint an individual who is a resident of Seychelles to be the authorised agent of the person or body.

(5) The individual nominated shall declare that he or she accepts the appointment.

(6) If a licence is granted to a person or body referred to in subsection (4) the authorised agent shall, for all purposes, be treated as the licensee and the references in this Act to a licensee shall be read and construed as references to such authorised agent.

4. The Minister may grant an application under section 3 if the Minister is satisfied that—

(a) the applicant is a fit and proper person to hold the licence; and

(b) each business associate or executive associate of the applicant is a fit and proper person to be associated with the licensee's operations.

5. In deciding to grant or refuse to grant an application for a licence, the Minister may have regard to the following matters—

(a) the applicant's character or business reputation;

(b) the applicant's current financial position and financial background;

(c) the ownership or corporate structure of the applicant where the applicant is not an individual;

(d) the availability of appropriate resources and services with the applicant;

(e) the character or business reputation and the current financial position and financial background of any body corporate or unincorporate with which the applicant has a business association.

For the purpose of this section, "appropriate resources" means financial resources that are, in the opinion of the Minister, sufficient to ensure the financial viability of operations under a licence under this Act and are not tainted with illegality.

6. The Minister may have regard to the following matters when deciding whether a business or executive associate of an applicant is a fit and proper person to be associated with a licensee's operations:—

(a) the character or business reputation of such associate;

(b) the current financial position and financial background of such associate; and

(c) the character, business reputation, current financial position and financial background of any body corporate or unincorporate with which such associate has a business association.

7.(1) A licence under section 4 shall be subject to such general conditions as may be prescribed and such special conditions as may be included in the licence by the Minister.

(2) The Minister may by notice addressed to the licensee change any condition of, or add any condition to, a licence if the Minister considers it necessary to do so for the proper conduct of authorised games.

(3) A notice under subsection (2) shall take effect on the day the notice is served on the licensee or on such later date as may be specified in the notice.

8. A licence under section 4 shall not be transferable.

9.(1) A licensee may surrender the licence by written notice given to the Minister.

(2) The surrender of a licence shall take effect —

(a) 3 months after notice is given to the Minister; or

(b) on a later day specified in the notice; or

(c) on a day earlier than 3 months after notice is given if that day is approved by the Minister.

10. A licence may be revoked or suspended if the licensee—

(a) is not, or is no longer, a fit and proper person to hold the licence;

(b) has a business or executive associate who is not, or is no longer, a fit and proper person to be associated in the licensee's operations;

(c) has been convicted of an offence against this Act or an indictable offence;

(d) has contravened a condition of the licence;

(e) has failed to discharge the financial commitments for the licensee's operations;

(f) is bankrupt;

(g) is affected by any restriction under the Companies Act;

(h) has obtained the licence by making a false or misleading representation.

11. The Minister shall, before revoking a licence under section 10 give the licensee written notice of the proposed revocation and the grounds therefor, and require the licensee to show cause before a specified date why the licence should not be revoked.

12.(1) The Minister may suspend a licence immediately if the Minister believes it is in the public interest to do so.

(2) Where the Minister suspends a licence, a written notice of the suspension shall be given to the licensee, which shall also specify a date before which representations may be made against the suspension of the licence.

(3) The suspension shall operate until it is withdrawn or the licence revoked having regard to such representations.

13.(1) The Minister may, as an alternative to the revocation or suspension of a licence, by written notice, direct the licensee to rectify any matter within a period specified in the notice.

(2) A licensee shall comply with a direction given under subsection (1).

14. (1) The Minister may approve an audit programme for the periodic investigation of licensees and their business and executive associates for the purposes of this Act, and appoint an officer (hereinafter referred to as ''authorised officer") to conduct the audit programme.

(2) The authorised officer may, by written notice given to any person, require the person to give the authorised officer any information or document that the authorised officer considers necessary for the conduct of the audit programme and such person shall comply with the requirements of such notice.

15. The Minister may, on application made by a licensee authorise, in writing, the licensee to conduct a particular interactive game subject to such conditions as may be specified in the authorisation.

(2) The Minister has an absolute discretion to grant or refuse an application for an authorisation.

(3) The Minister shall inform every applicant of the decision on the application.

16.(1) The Minister may, by written notice given to a licensee, change the conditions of an authorisation under section 15 where—

(a) the conditions are not sufficiently stringent to prevent cheating or other contravention of this Act;

(b) compliance with the conditions cannot be effectively monitored or enforced; or

(c) there is some other good reason to change the conditions.

(2) The Minister may change any condition under this section only after giving the licensee written notice of the proposed change and allowing the licensee an opportunity to make representations if any.

17. The Minister may revoke an authorisation given under section 15 after giving the licensee written notice of the proposed revocation and the reasons for it and after allowing the licensee an opportunity to make representations if any.

18.(1). A person shall not conduct an interactive game wholly or partly in Seychelles or allow-any other person to participate in an interactive game, unless

(a) the game is an authorised game; and

(b) the person is licensed under this Act to conduct the game.

(2) A person in Seychelles shall not participate, or encourage or facilitate participation by another person, in an interactive game knowing that it is not an authorised game.

19.(1) A licensee shall not permit a person to participate as a player in an authorised game unless the person is registered with the licensee as a player.

(2) A person shall not participate as a player in an authorised game unless the person is registered as a player with the licensee who conducts the game.

20. An account (hereinafter referred to as "player's account") may be established in the name of every player at a financial institution or other prescribed body —

(a) against which account the licensee has a right to debit the amount of a wager in an authorised game; and

(b) which account may be operated by the player only to obtain the balance of the funds in the account and close the account or to obtain the whole or part of the amount paid into the account as a prize in an authorised game, or as authorised by the licensee.

21. A licensee may accept a wager from a player in an authorised game only if—

(a) the player's account has sufficient funds to cover the amount of the wager; or

(b) the funds in respect of the wager are provided in a manner authorised by regulations.

22.(1) A licensee may conduct an authorised game only if—

(a) the licensee has an approved control system; and

(b) the game is conducted under that system.

23.(1) A licensee may make a submission of a control system to the Director for approval.

(2) The submission shall be made in writing—

(a) at least 90 days before the licensee proposes to start conducting interactive games; or

(b) if the Director allows a submission to be made at a later time, within the time so allowed.

(3) The submission shall describe and explain the proposed control system.

(4) The submission shall include information about—

(a) the following things to be used for conducting interactive games:

(i) accounting systems, procedures and charts of accounts;

(ii) administrative system and procedures;

(iii) computer software;

(iv) standard forms and terms;

(b) general procedures to be followed in conducting interactive games;

(c) procedures and standards for the maintenance, security, storage and transportation of equipment used in conducting interactive games;

(d) procedures for recording and paying prizes won in interactive games; and

(e) procedures for using and monitoring security facilities.

24.(1) A licensee may make a submission in writing to the Director for approval to change the licensee's approved control system.

(2) A submission under subsection (1) shall I be made at least 90 days before the licensee proposes to start conducting games under the approved control system as changed.

25. (1) The Director shall consider every submission and either approve or refuse to approve the proposed control system or the proposed change of such system, as the case may be.

(2) The Director may for the purpose of subsection (I) call for further information from the licensee or require the licensee to agree to subject the proposed control system or the system as proposed to be changed to a test.

(3) The Director may refuse to give an approval if the licensee fails to comply with a requirement under subsection (2) without a reasonable excuse.

(4) The Director shall give written notice of the Director's decision to give or refuse to give an approval.

(5) If the Director decides to refuse to give an approval, the notice shall state the reasons for the decision and if the submission can be rectified to enable the Director to give the approval the notice may state how the submission can be rectified and request the licensee to present the submission again after making the appropriate changes.

26.(1) The Director may by written notice direct a licensee to change the approved control system within the time and in the manner specified in the notice.

(2) The licensee shall comply with such a direction.

(3) If the licensee fails to comply with such direction the approval for the licensee's control system shall be deemed to be cancelled.

27. A licensee shall at the request in writing made by a player in whose name a player's account is established remit funds standing to the credit of the account as directed by the player not later than the first business day after the request is received.

28. A licensee shall not provide credit to a player or a player's account.

29. A licensee shall not have recourse to funds in a player's account except as follows: —

(a) debit to the account a wager made by the player or an amount the player indicates as the player's wager in the course of a game;

(b) remit the funds to the credit of the account to the player on request; or

(c) as otherwise authorised under this Act.

30. If no transaction is recorded for a period of three months the licensee shall remit any balance remaining in a player's account —

(a) to the player, or

(b) if the player cannot be found, to an account maintained by the Director for the purpose.

31. A licensee shall —

(a) keep accounting records that correctly record and explain the transactions and financial position of the licensee's operations; and

(b) prepare financial statements and accounts including trading accounts if applicable and profit and loss accounts for each financial year and a balance sheet as at the end of such year.

32.(I) The Director may by written notice require a licensee to furnish a report to the Director in respect of the licensee's operations.

(2) The licensee shall comply with the requirements of such notice within the time specified in the notice.

(3) A licensee shall not give the Director a report containing information the licensee knows to be false, misleading or incomplete in a material particular.

33.(1) A licensee shall keep an account with a financial institution to be used for all banking or similar transactions for the operations under the licence.

(2) A licensee shall not use an account kept as required by subsection (I) other than for a purpose referred to in that subsection.

34.(1) A licensee shall soon after the end of a financial year, cause the books of accounts and financial statements relating to the operations conducted under the licence during the financial year to be audited by an auditor at the licensee's expense.

(2) The auditor shall, on completion of the audit, send a copy of the audit report to the Director and the licensee.

(3) The Director may by written notice, require the licensee to provide the Director with further information on any matter mentioned in the audit report and the licensee shall comply with such requirement.

35.(I) An employee of a licensee shall not take part in an authorised game if the employee is directly involved in functions related to the conduct of the game.

(2) Any officer under the administrative control of the Director shall not participate in an authorised game, except with the written permission of the Director.

(3) A prize won by a person in an authorised game contrary to this section shall be forfeited to the State.

36. A licensee shall not allow a person below 18 years of age to participate in, or in the conduct of, authorised games.

37.(I) A licensee shall not unless authorised under subsection (2)-

(a) disclose information about the name or other identifying particulars of a player; or

(b) use information about a player for a purpose other than that for which the information is given.

(2) The disclosure and use referred to in subsection (I) is authorised —

(a) if the player has consented;

(b) if necessary for the conduct of authorised games;

(c) if required for the administration or enforcement of this Act or a corresponding law; or

(d) if otherwise required by law.