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

Regulations

National Gambling Regulations, 2004

Chapter 2 : Restricted activities and status of gambling debt

8. Exempted machines and devices

 

 

Registration and certification of machines and devices

 

1) Playing cards and dice are exempted from the application of sections 9(1)(a) and (b).

 

2) All categories of gambling machine or device are exempt from the application of section 9(1)(b) with the exception of-
a) gambling machine cabinets;
b) tables manufactured for the purpose of gambling games or are capable in all material respects of being used in the conduct of such games;
c) roulette wheels;
d) bingo drawing devices; and
e) card shufflers,

provided that a licence holder may, for a period of five days prior to submitting an imported or newly manufactured machine or device for certification, take possession of such machine or device.

 

3) The following gambling machines or devices are exempt from the application of section 9(1)(b) and Part D of Chapter 2 of the Act-
a) A gambling machine or device that-
i) is located upon a cruise ship visiting the Republic;
ii) has been seized in the Republic as a result of alleged criminal activity, and is in the possession of the South African Police Service, or any provincial licensing authority or authorised agent thereof;
iii) is in transit in bond, as contemplated in section 18 of the Customs and Excise Act (Act 91 of 1964), through the Republic for the sole purpose of delivery to another country;
iv) has been submitted to a licensed testing agent solely for testing;
v) has been manufactured within the Republic solely for export and is possessed in compliance with the relevant provincial legislation;
vi) is located within the Republic solely for temporary exhibition on the prior written authorisation of the relevant provincial licensing authority; or
vii) is in the possession of a provincial licensing authority or the authorised agent thereof; and
b) Any other gambling machine or device, except a machine or device of a category listed in sub-regulation (2).

 

4) Where the standard applicable to a gambling machine or device is amended or substituted, any type, variation or model of gambling device certified as complying to the former standard may be exposed for play for a maximum of three years after such substitution or amendment and, if it is to continue to be exposed for play after such period, must be certified against the amended or substituted standard.

 

5) All gambling machines or devices that were approved by a provincial licensing authority and exposed for play prior to the effective date are exempt from the provisions of sections 9(1)(b), 19(1) and (2), 21, 22(2), 23(6) and 25, until a date to be determined by the Minister by notice in the Government Gazette, and may continue to be exposed for play subject to compliance with the relevant provincial legislation.

 

6) All gambling machines or devices submitted for testing prior to the effective date shall be exempt from the provisions of sections 9(1)(b), 19(1) and (2), 21, 22(2), 23(6), 24 and 25, until a date to be determined by the Minister by notice in the Government Gazette, provided that they are approved and registered in accordance with the relevant provincial legislation.

 

7) All gambling machines or devices are exempt from the provisions of Part D of Chapter 2, with the exception of sections 26 and 27, until a date to be determined by the Minister by notice in the Government Gazette, provided that such machines or devices comply with the relevant provincial legislation.

 

8) A holder of a manufacturer, distributor or supplier licence issued by a provincial licensing authority prior to the effective date is exempt from the provisions of section 9, until a date to be determined by the Minister by notice in the Government Gazette, provided that such licence holder complies with the relevant provincial legislation.