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

Chapter 4 : National Structures

Part B : National Gambling Board

65. Objects and functions of board

 

1) The board has the following powers and duties to be exercised and performed in accordance with this Act:
a) Monitoring and investigating, when necessary, the issuing of national licences by provincial licensing authorities for compliance with this Act in accordance with sections 40 to 43;
b) investigating, monitoring and evaluating compliance with this Act by provincial licensing authorities, entering into agreements with those authorities in respect of steps to be taken to correct any deficiencies, and making recommendations to the Council in relation to such matters, in accordance with sections 33 and 34;
c) establishing and maintaining-
i) the national register of excluded persons, in accordance with section 14;
ii) the national central electronic monitoring system, in accordance with section 27;
iii) the national register of gambling machines and devices, in accordance with section 21;
iv) a central registry of information contemplated in section 35; and
v) the national probity register in terms of section 57;
d) monitoring socio-economic patterns of gambling activity within the Republic and in particular must research and identify factors relating to, and patterns, causes, and consequences of-
i) the socio-economic impact of gambling; and
ii) addictive or compulsive gambling;
e) carrying out the responsibilities set out in section 33;
eA) monitoring and evaluating the gambling industry’s international competitiveness and advising the Minister thereon; and
f) exercising any other powers and performing any other duties assigned to it in terms of this Act.

 

2) The board may-
a) advise the Council on the maximum number of any kind of licences relating to casinos, racing, gambling and wagering that should be awarded in the Republic or in any particular province;
b) advise the Council on matters of national policy relating to casinos, racing, gambling and wagering and on the determination of national norms and standards regarding any matter in terms of this Act that should apply generally throughout the Republic;
c) recommend to the Council guidelines for an effective, uniform and consistent implementation of this Act throughout the Republic and changes to bring about uniformity in the laws of the various provinces in relation to casinos, racing, gambling and wagering;
d) advise the Council, through the Minister, in respect of any matter referred to it by the Council;
e) monitor market share and market conduct in the gambling industry and refer any concerns regarding market share or possible prohibited practices to the Competition Commission in terms of the Competition Act, 1998 (Act No. 89 of 1998);
f) provide a broad-based public education programme about the risks and socio-economic impact of gambling; and
g) collate and make available to the Minister statistical data, information and reports necessary for monitoring the performance of the interactive gambling sector.

 

3) The board may liaise with any foreign or international authorities having any objects similar to the objects of the board.

 

4) In exercising its powers and performing its duties set out in this Act, the board-
a) must comply with directions issued to it by the Council relating to casinos, racing, gambling and wagering;
b) may have regard to international developments in the field of casinos, racing, gambling and wagering; and
c) may consult any person, organisation or institution with regard to any matter deemed necessary by the board; and
d) may, in consultation with the Minister, make rules not inconsistent with this Act, determining any matter that is considered necessary or expedient for purposes of achieving the objects of this Act.