PROPOSED
AMENDMENTS FOR CONSIDERATION BY THE PORTFOLIO COMMITTEE
NATIONAL GAMBLING AMENDMENT BILL
1. On
page 3, in line 31, to omit “a software license”
2. On page 3,
in line 31, to omit “personnel” and to substitute “employment”
3. On page 3, in line 39, to omit all the
words after “played” up to and including “means” in line 42.
4.
On
page 3, after line 42, to insert the following paragraph:
(j) by the insertion after the
definition of “minor” of the
following definition:
“money laundering” has the meaning ascribed to that expression in
section 1 of Financial Intelligence Centre Act”.
1. On page 6, in line 36, after “account”
to insert “in the prescribed manner”.
2. On page 6, from line 41, up to and
including line 49, to omit paragraph (b).
3. On page 7, from line 8, to omit
paragraph (e) and to substitute:
“(e) in the
prescribed manner and form-
(i)
establish and verify the identity of players;
(ii)
record the identity, address and account information of players;
(iii)
obtain and record a statement from a player confirming that a player is
18 years or older;
(iv)
obtain and record a statement from a player confirming that the law of a
country within which the player primarily resides, does not prohibit the player
from playing interactive games; and
(v)
report to the board any information which the interactive provider
suspects may relate to the commission of an offence.
4. On page 7,
after line 17, to add the following subsection:
(2) For the purposes of this section, an
interactive provider or a player, must not-
(i)
convert
any funds in a player account into any other form of value; or
(ii)
transfer
any funds from a player account to any account other than the account nominated
in terms of subsection (1)(a)(ii) where the funds initially originated from.
CLAUSE 15
Clause rejected
NEW CLAUSE
1.
That the following be a new clause:
Amendment of section 15 of Act 7 of 2004
15. Section 15 of the principal Act is hereby
amended by the addition of the following subsections:
(3A) No
person must provide any advertising or promotion services in respect of
interactive gambling.
(3B) Despite
the provisions subsections (1), (2), (3) and (4),
an interactive provider must not advertise or promote any interactive gambling
activity .
NEW CLAUSE
1.
That the following be new clauses:
Amendment of
section 30 of Act 7 of 2004
19. Section 30 of the principal Act is
hereby amended–
(a) by the substitution in subsection (1) for
subparagraph (ii) of paragraph (a) of the following subparagraph:
“(ii) subject to Part B of this Chapter,
national licences for any activity or purpose for which a national licence is required or optional in
terms of this Act, other than an interactive gambling licence;”
(b)
by the substitution in subsection (1) for item (aa) of subparagraph
(iii) of paragraph (b) of the following item:
“(aa) national licences issued by it,
subject to sections 33 and 34; or”
(c)
by the substitution in subsection (2) for paragraph (b) of
the following paragraph
“(b) ensure compliance with, conduct
investigations and issue offence notices under the Financial Intelligence
Centre Act, to the extent required by that law, in so far as it applies to the
gambling industry, other than interactive gambling;”
Amendment of section 31 of Act 7 of
2004
20. Section
31 of the principal Act is hereby amended–
(a) by the substitution in subsection (1) for
subparagraph (ii) of paragraph (b) of the following subparagraph:
“(ii) that are operated in terms of a national
licence issued by that licensing authority; or”
(b) by the substitution in subsection (1)
for item (aa) of subparagraph (iii) of paragraph (b) of the following item:
“(cc) a national licence issued by that
licensing authority;”
(c) by the substitution in subsection (1) for
subparagraph (ii) of paragraph (c) of the following subparagraph:
“(ii) a national licence issued by that
licensing authority, to the extent that the national licensee is operating
within that province;”
(d) by the substitution in subsection (1) for
paragraph (e) of the following paragraph:
“(e) to supervise and enforce compliance by
licensees with the obligations of the accountable institutions in terms of the
Financial Intelligence Centre Act, to the extent required by that law, in so
far as it applies to the gambling industry, other than interactive gambling;”
(e) by the substitution in subsection (1) for
subparagraph (ii) of paragraph (g) of the following subparagraph:
“(ii) national licence issued by that
licensing authority-”
CLAUSE 19
1.
On page 9, in line 23, to omit
“interactive”.
CLAUSE 20
1.
On page 9, after line 43, to add the
following subparagraph:
“(v) that
a person providing goods or services to an interactive provider which are
integral to the provision of interactive games, hold a certificate of suitability
issued by a relevant provincial licensing authority.
2.
On page 9, in line 44, to omit
“complete the” and to substitute “the complete and”
3.
On page 10, in line 12,to omit
“accordance with this Act” and to substitute
“the prescribed manner”.
4.
On page 10, in line 15, to omit “43A”
and to substitute “43(3)”
CLAUSE 22
1. On
page 10, in line 48, to omit “conditions to be attached” and to insert “
criteria or a framework of subject matter to be taken into account by the Board
in attaching conditions”
2. On
page 10, after line 56, to insert the following subparagraph:
“(ii) internal
systems and controls of an interactive provider, in particular regarding the
identification of customers and reporting of suspicious transactions”.
CLAUSE 24
1.
On
page 11, in line 43, to omit “personnel” and to substitute “employment”
1. On
page 12, in line 7, to omit “personnel” and to substitute “employment”
CLAUSE 31
1. On
page 13, in line 23, after “perjury” to insert “money laundering, terrorist
funding”.
2. On
page 13, in line 25, after “2004” to insert “the Prevention of Organised Crime
Act, 1998 (Act No. 121 of 1998), the Financial Intelligence Centre Act.
CLAUSE 32
1. On
page 13, in line 40, after “perjury” to insert “money laundering, terrorist
funding”.
1. On
page 13, in line 42, after “2004” to insert “the Prevention of Organised Crime
Act, 1998 (Act No. 121 of 1998), the Financial Intelligence Centre Act.
CLAUSE 36
1.
On page 14, after line 39, to add the
following paragraph:
(e) by the
addition in subsection (4) of the following paragraph:
“(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”.
CLAUSE 40
1.
On page 15, after line 20, to insert:
“Section 87 of the
principal Act is hereby amended by the substitution for paragraph (d) of
subsection (3) of the following paragraph:
“(d) the period of duration of a licence and the
procedures and fees for the amendment or renewal of licences.”
NEW CLAUSE
1.
That the following be a new clause:
41 Insertion in Act 15 of 2004
15. The following
section is hereby inserted in the principal Act after section 88:
Tax on interactive gambling
88A Tax on
interactive gambling activities will be imposed in terms of appropriate legislation.
LONG TITLE
1. On
page 2, in the second line, after “regulation” to insert “and control”
2.
On page 2, in the second line, after
“gambling” to insert “so as to protect society against over-stimulation of the
demand for gambling”
3.
On page 2, in the sixth line, after
“nationals” to insert “ prevent gambling from being a source of, or associated
with crime or disorder, or used to support crime, disorder or money
laundering”.