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

Part III : General provisions

66. Registration of illegal lotteries

 

 

1) Any juristic person-
a) authorised before 1 January 1997 to collect contributions from the public in terms of the Fund-raising Act, 1978;
b) who collects or has collected such contributions by means of any activity relating to a lottery which is prohibited in terms of the Gambling Act, 1965, or any other legislation pertaining to gambling or lotteries; and
c) who on a regular basis has paid or pays a percentage of its total income to a registered charity organisation,

may within a period of three months after the commencement of this Act in the prescribed manner apply to the Minister or the board for registration of such activity.

 

2) The Minister or the board may permit the registration of the juristic person contemplated in subsection (1) if it is in the Minister’s or the board’s opinion desirable to do so, subject to any conditions he or she or it may impose, including any conditions in respect of the auditing of the financial statements of that person.

 

3) Activities contemplated in subsection (1) shall be deemed to be lawful as from the date of registration until a date determined by the Minister by notice in the Gazette, which date shall be not later than seven days prior to the date on which tickets for the National Lottery are sold for the first time.

 

4) The Minister or the board may at any time and without any prior notice withdraw the registration in terms of subsection (2) of any juristic person if in the Minister’s or the board’s opinion it is desirable to do so.

 

5) No right other than is provided for in subsection (3) and no legitimate expectations shall accrue as a result of registration in terms of this section.

 

6) A juristic person who in terms of subsection (1) has applied for registration or who in terms of subsection (2) has been registered, shall provide the Minister or the board with any information he or she or it may require at any time.

 

7) Any person designated by the Minister or the board shall at any reasonable time have the right to-
a) examine any thing, machine, document or data captured in any form, found on or in the premises or facility of the person who has been registered, and make copies of or make extracts from that thing, machine, document or data;
b) seize, for the purpose of further examination or securing information, any thing, machine, document or data, excluding proprietary software, on or in those premises or facility; or
c) 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 activities contemplated in subsection (3) is stored or captured.

 

8) The Minister shall every four months until the date on which tickets for the National Lottery are sold for the first time table a report in Parliament on all matters provided for in this section, and if Parliament is not then in session, on the first day of its next session.

 

9) This section shall two years after the commencement of this Act cease to be of any force.