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

Chapter 2 : National Gambling Policy

Part B : Prohibited gambling, restricted activities and status of gambling debt

11A. Provision of interactive gambling facilities

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1)An interactive provider must—
a)not permit a person to participate in an interactive game unless that person—
i)is registered as a player and has opened a player account with that interactive provider in that person's name;
ii)has nominated an account held with an authorised financial institution for the movement of funds into and out of the player account in the prescribed manner; and
iii)has set a limit on the funds that may be transferred from that person's nominated account into the player account, in the prescribed manner, for the purpose of participating in interactive games;
b)immediately transfer funds in excess of the prescribed maximum amount held to the credit in the player account to the player's nominated account;
c)not conduct a further game if an interactive game conducted by an interactive provider is started but miscarries because of human error or a failure in the operating or telecommunications system and that further game is likely to be affected by the same error or fault; and
d)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.

 

2)For the purposes of this section, an interactive provider or a player, must not —
a)convert any funds in a player account into any other form of value; or
b)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.

 

3)The Minister must—
a)prescribe procedures for—
i)player registration;
ii)registration and control of player accounts; and
iii)dealing with an interactive game that was started but discontinued because of human error or a failure in the operating or telecommunication system; and
b)from time to time, publish a list of foreign countries from which an interactive provider may accept accounts for the purpose of movement of funds in the manner contemplated in subsection (1)(a)(ii).

 

4)The countries contemplated in subsection (3)(b) must meet the conditions set by the Financial Action Task Force or any international organisation of which the Republic is a member, and whose objective is to combat money laundering and financing of terrorist and related activities.