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National Gambling Act, 2004 (Act No. 7 of 2004)

Chapter 3 : Jurisdiction and Licensing

Part A : Jurisdiction

31. Responsibilities of provincial licensing authorities

 

1) Within its jurisdiction, each provincial licensing authority is responsible-
a) to ensure-
i) that unlawful activities related to casinos, racing, gambling and wagering and unlicensed gambling activities are prevented or detected and prosecuted;
ii) that undertakings made by licensees holding a provincial licence issued by it are carried out;
iii) that undertakings made by national licensees are carried out to the extent that those licensees are operating within that province;
iv) that employees within the gambling industry are licensed to the extent required by this Act or applicable provincial law;
v) that each gambling machine or gambling device being used, or made available for use, by a licensee is registered and certified in terms of this Act; and
vi) complete and timely collection and remittance of taxes, levies and fees;
b) to inspect premises within the relevant province-
i) that are operated in terms of a provincial licence issued by that licensing authority;
ii) that are operated in terms of a national licence issued by that licensing authority; or
iii) in or on which any activity takes place that is permitted in terms of-
aa) a provincial licence issued by that licensing authority;
bb) applicable provincial law, without being licensed; or
cc) a national licence issued by that licensing authority;
c) to inspect gambling machines or gambling devices used for any activity that is permitted in terms of-
i) a provincial licence issued by that licensing authority; or
ii) a national licence issued by that licensing authority, to the extent that the licensee is operating within that province;
d) to enforce this Act and applicable provincial law in respect of-
i) premises, activities or prescribed devices-
aa) licensed by that licensing authority; or
bb) within the jurisdiction of that licensing authority; and
ii) offences in terms of this Act or applicable provincial law;
e) to supervise and enforce compliance by licensees with the obligations of the accountable institutions in terms of the Financial Intelligence Centre Act, to the extent required by that law, in so far as it applies to the gambling industry, other than interactive gambling;
f) to review licences and the activities of licensees in accordance with this Act and applicable provincial law; and
g) to suspend or revoke any-
i) provincial licence issued by that licensing authority; or
ii) national licence issued by that licensing authority-
aa) for a cause arising within that province; or
bb) otherwise, as set out in section 43(1)(a) and (b).

 

2) Subject to any requirements set out in applicable provincial law, a provincial licensing authority may, by agreement with the board or with another provincial licensing authority, delegate to the board or to that other provincial licensing authority any power or duty that is to be exercised or performed by the provincial licensing authority in terms of this Act or applicable provincial law, in the manner contemplated in section 238 of the Constitution.