AMENDMENTS
ADOPTED BY THE PORTFOLIO COMMITTEE
5
SEPTEMBER 2007
NATIONAL GAMBLING AMENDMENT BILL
LONG TITLE
1.
On page 2, to omit the long title and
to substitute:
“To amend the National Gambling Act, 2004, so as to change certain
definitions and insert new definitions; to provide for the regulation of
interactive gambling so as to protect society against the stimulation of the
demand for gambling; to provide for the registration of players and opening of
player accounts; to provide for the conditions applicable to interactive
gambling licenses; to provide for further protection of minors and other
persons vulnerable to the negative effects of gambling; to provide for the
remittance of winnings to foreign nationals; to ensure that the gambling
industry complies with the Financial Intelligence Centre Act; and to prevent
gambling from being associated with crime, money laundering or financing of
terrorist and related activities; and to provide for matters related
thereto.”
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 set out in section 1 of the Financial Intelligence
Centre Act, 2001 (Act No.38 of 2001)”.
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.
5. On page 7, from line 31, to omit
“terrorist funding” and to insert “financing of terrorist and related activities”
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) Any
person who provides any form of advertising or promotional services in respect
of interactive gambling, shall be guilty of an offence, and liable to
conviction.
(3B) Despite
the provisions of subsections (1), (2), (3) and (4),
an interactive provider who fails to comply with section 15 (3A), shall be
guilty of an offence, and liable to conviction.
NEW CLAUSES
1.
That the following be new clauses:
Amendment of section 30 of Act 7 of
2004
16. 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
17. 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 insert
the following subparagraph as subparagraph (v):
“(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 25, after “2004” to
insert “the Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998), the
Financial Intelligence Centre Act, the Protection of Constitutional Democracy
Against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004)”
CLAUSE 32
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, the Protection of Constitutional Democracy
Against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004)”
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 Council,
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
licenses.”
NEW CLAUSE
1.
That the following be a new clause:
42. 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.