Acts Online
GT Shield

Lotteries Act, 1997 (Act No. 57 of 1997)

Part I : The National Lottery

Chapter 2 : Licensing of National Lottery

14. Requirements and conditions of licence

 

 

1) A licence granted in terms of section 13 or 13A shall be in writing, shall specify the conditions attached to it and shall be granted for a period not exceeding eight years: Provided that the Minister may, after consultation with the board and at least one year before the expiry of that licence, extend that licence for a non-renewable period not exceeding 24 months: Provided further that the licensee shall have no rights or legitimate expectations in respect of an extension of the period of validity of the licence other than the rights afforded by this subsection.

[Subsection (1) amended by section 14(a) of Act No. 32 of 2013]

 

2) The conditions contemplated in subsection (1) shall include such conditions as the Minister shall determine, after consultation with the board, and shall in particular include conditions requiring the licensee-
a) to obtain the consent of the Minister after consultation with the board before doing anything specified in the licence;

[Paragraph (a) amended by section 14(b) of Act No. 32 of 2013]

b) to refer specified matters to the board and the board must refer such matters to the Minister for approval;

[Paragraph (b) amended by section 14(b) of Act No. 32 of 2013]

c) to ensure that such requirements as the Minister after consultation with the board may from time to time determine or approve in terms of the licence are complied with, including the imposition of penalties as contemplated in section 62 in the event of the licensee not complying with any provision of this Act or the licence;

[Paragraph (c) amended by section 14(b) of Act No. 32 of 2013]

d) to provide the Minister and the board at times specified by the Minister or the board with such information as the Minister or the board may require;
e) to make such arrangements as may be specified in the licence for the payment of such sums out of the proceeds of the National Lottery as may be so specified to the fund or to the board, as the case may be, at such times as may be so specified;
f) to do such things in terms of the licence, including the transfer of property or any rights, excluding intellectual property rights or proprietary software, as the board may require, upon the expiration of the licence;
g) to obtain the approval of the Minister for any lottery and the rules thereof before that lottery is conducted under the licence for the National Lottery;
h) to allow the board or anyone designated by it to enter any premises or facility belonging to or under the control of the licensee or a member of the management of the licensee, or premises to which the licensee has a right of access, at any reasonable time, if such entry is necessary for the protection of the integrity of the National Lottery, and to-
i) examine or inspect any thing, machine, document or data captured in any form, excluding proprietary software, found on or in the premises or facility, and make copies of or make extracts from that thing, machine, document or data;
ii) seize, for the purpose of further examination or securing information, any thing, machine, document or data, excluding proprietary software, on or in such premises or facility which has a bearing on the conduct of the National Lottery;
iii) seal or otherwise secure any such premises, facility, thing or machine on or in which any document or data which has a bearing on the conduct of the National Lottery is stored or captured; and
iv) take such steps as may be reasonably necessary to protect the integrity and conduct of the National Lottery; and
i) to secure a valid and enforceable undertaking in writing from-
i) the person controlling the licensee in any way whatsoever not to change that control of the licensee for the duration of the licence without the consent of the Minister;
ii) the person controlling the licensee in any way whatsoever not to transfer, cede or in any other way encumber the licence to another person; and
iii) the licensee not to permit, require or compel any of its employees or agents knowingly to sell a ticket, or to award or to pay any prize to a director of the licence or a member of the board.

 

3) On-
a) requesting a copy of any document in terms of section 13(2)(a);
b) applying for the licence to be issued in terms of section 13(1); or
c) the granting of a licence under section 13,

the person requesting a copy of a document, the applicant or the licensee, as the case may be, shall pay to the board the prescribed fee.