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

Schedule : Transitional Provisions

2. General preservation of regulations, rights, duties, notices and other instruments

 

1) Despite the repeal of the previous Act, Regulation No. R 1425 promulgated under section 17 of the previous Act on 21 December 2000 continues in force as if it had been promulgated in terms of section 87, with the following exceptions:
a) The definition of "site" in Regulation 1 is repealed; and
b) Regulations 4, 8, 10, 11, 12, 16, 28, 29, 39, 40, 41(1), 42, 62, 63 and 64 are 20 repealed.

 

2) A licence that had been issued in terms of applicable provincial law by a provincial licensing authority, and in force immediately before the effective date, continues in force, subject to the provisions of this Act, and applicable provincial law.

 

3) In respect of a licence contemplated in sub-item (2)-
a) regulations made in terms of section 87(1)(f) do not apply until the first anniversary of the date on which such regulations are promulgated; and
b) section 46 does not apply until the third anniversary of the effective date.

 

4) Any other right or entitlement enjoyed by, or obligation imposed on, any person in terms of any provision of the previous Act, that had not been spent or fulfilled immediately before the effective date must be considered to be a valid right or entitlement of, or obligation imposed on, that person in terms of any comparable provision of this Act, as from the date that the right, entitlement or obligation first arose, subject to the provisions of this Act.

 

5) A notice given by any person to another person in terms of any provision of the previous Act must be considered as notice given in terms of any comparable provision of this Act, as from the date that the notice was given under the previous Act.

 

6) A document that, before the effective date, had been served in accordance with the previous Act must be regarded as having been satisfactorily served for the purposes of this Act.

 

7) An order given by an inspector, in terms of any provision of the previous Act, and in effect immediately before the effective date, continues in effect, subject to the provisions of this Act.