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

Chapter 5 : Enforcement and Offences

77. Powers and duties of inspector

 

1) An inspector may attend at the offices of any provincial licensing authority for the purpose of carrying out any activity contemplated in section 33 or 34.

 

2) Without prior notice, an inspector in the company of an inspector appointed in terms of provincial law, may-
a) enter any licensed premises, or other premises in which licensed activities are engaged in, conducted or made available, or in which records of any of those activities are prepared or maintained;
b) enter any unlicensed premises in, on or from which it is suspected-
i) that any gambling activity is being engaged in, conducted or made available; or
ii) that any gambling machine or any equipment, device, object, book, record, note, recording or other document used or capable of being used in connection with the conducting of a casino or any other gambling activity may be found;
c) in any premises referred to in paragraph (a) or (b)-
i) conduct any enquiry that the inspector believes to be necessary, after having informed the person who appears to be in charge of the premises of the purpose of the inspector’s visit;
ii) require the person in control of such premises to produce any licence or written permission or authorisation required under this Act or any provincial law;
iii) question any person who is on or in those premises;
iv) examine any prescribed gambling equipment, device, object, book, record, note, recording or other document in, about, upon or around the premises referred to in paragraph (a) or (b); and
v) seize and remove from those premises, and impound-
aa) any such equipment for the purposes of examination and inspection; or
bb) any book, record, ledger, game device, cash box and its contents, counting room or its equipment or gambling operations;
cc) require any person who appears to be in charge of any premises referred to in paragraph (a) or (b)-
vi) to point out any equipment, device or object referred to in those paragraphs that the person has possession or custody of, or control over;
vii) to produce for the purpose of examination or of making copies or extracts, any book, record, note, recording or other document referred to in paragraph (a) or (b) that the person has possession or custody of, or control over; and
viii) to provide any information in connection with anything that has been pointed out or produced in terms of subparagraph (i) or (ii).

 

3) Without prior notice, an inspector may do any thing contemplated in subsection (2) for the purpose of carrying out the responsibilities of the board in terms of section 65(1)(a) or (b).

 

4) When performing a duty in terms of subsection (2) or (3), an inspector may be accompanied and assisted by an assistant, interpreter or a police official.

 

5) An inspector may request and receive information, materials and any other data from any licensee or applicant for a licence or registration under this Act, subject to the provisions of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000).