Supreme Court Act, 1959
R 385
National Gambling Act, 2004 (Act No. 7 of 2004)Chapter 2 : National Gambling PolicyPart D : Registration and certification of machines and devices23. Transfer of registered ownership or possession |
| 1) | A person who proposes to transfer registered ownership of a gambling machine or gambling device to another person must apply in the prescribed manner and form to a provincial licensing authority for approval to transfer registered ownership of that machine or device. |
| 2) | Subject to subsections (3) and (4), a person who proposes to lease, or transfer possession of a gambling machine or gambling device to another person, while retaining legal title to that machine or device, must apply in the prescribed manner and form to a provincial licensing authority, for approval to lease or transfer possession of that machine or device. |
| 3) | A registered owner of a gambling machine or gambling device who repossesses that machine or device from a lessee or other person to whom possession had been transferred in terms of this section is not required to apply for approval in terms of this section, but must notify the licensing authority who approved the lease or transfer of possession that the machine or device has been repossessed. |
| 4) | A person is not required to apply for approval in terms of this section before transferring a gambling machine or gambling device to another person solely for purpose of- |
| a) | transporting it from one place to another; or |
| b) | performing essential maintenance work on, or repairing, that gambling machine or device. |
| 5) | An application in terms of subsection (1) or (2)- |
| a) | for a transfer or lease to a person who has a provincial licence, must be made to the provincial licensing authority that issued that licence; or |
| b) | for a transfer to a person who has a national licence, must be made to the provincial licensing authority of the province in which the proposed transferee intends to locate or use that gambling machine or device. |
| 6) | A provincial licensing authority may approve a transfer of ownership, a lease or transfer of possession of a gambling machine or gambling device only if- |
| a) | the proposed transferor is the registered owner of that machine or device; |
| b) | the machine or device has been certified in terms of this Act and the certification has not expired; and |
| c) | the proposed transferee- |
| i) | holds a valid licence of a manufacturer, supplier or maintenance provider permitting that person to possess that category of gambling machine or gambling device, or has concurrently applied for such a licence; |
| ii) | holds a valid licence, issued by the applicable licensing authority in terms of a provincial law to engage in or conduct gambling or to make available gambling activities that include the operation of that category of gambling machine or gambling device, or has concurrently applied for such a licence; or |
| iii) | is otherwise authorised to possess that category of prescribed gambling machine or device in terms of a provincial licence, or applicable provincial law. |
| 7) | A provincial licensing authority- |
| a) | may approve a lease, a transfer of ownership or possession of a gambling machine or gambling device concurrently with the issuing of a licence to the transferee; |
| b) | must not refuse a lease or a transfer of ownership or possession of a gambling machine or gambling device on any grounds other than those set out in subsection (6); and |
| c) | must advise the board in the prescribed manner and form when it has- |
| i) | approved a lease or a transfer of ownership or possession of a gambling machine or gambling device; or |
| ii) | been notified of the repossession of a prescribed gambling machine or device by a registered owner. |
