National Gambling Act, 2004 (Act No. 7 of 2004)Chapter 6 : General Provision87. Regulations |
| 1) | The Minister may make regulations regarding- |
| a) | any forms required to be used for the purposes of this Act; |
| b) | the maximum number of any kind of licence, relating to gambling to be granted in the Republic or in each province, subject to section 45; |
| c) | the determination of norms and standards that will apply generally throughout the Republic relating to any matter in terms of this Act; |
| d) | the exercise by the board of its monitoring, investigative and evaluation functions in terms of sections 33 and 34; |
| e) | the periods, manner and form, and content of information to be provided in terms of section 35; |
| f) | minimum standards for the design, use and maintenance of premises that are, or are intended to be, licensed premises, which minimum standards must include- |
| i) | provisions to guard against the over-stimulation of gambling; and |
| ii) | provisions to protect minors from exposure to gambling activities; and |
| g) | matters contemplated in section 5, 6A, 11A, 13, 14, 15 , 17,or 48, any other matters to be prescribed in terms of this Act, and in general, any incidental matter that may be considered necessary or expedient to prescribe in order to achieve the objects of this Act. |
| 2) | After consulting the Council the Minister may make regulations concerning- |
| a) | norms and standards for the manner and nature of the regulation and control of- |
| i) | casinos, racing, gambling and wagering activities in general; or |
| ii) | any specific such activity; |
| b) | the regulation of betting across provincial boundaries; |
| c) | the types of games that may not be played in a casino; |
| d) | the control and restriction of bingo or any similar game; and |
| e) | minimum standards in respect of licensing procedures by provincial licensing authorities, including- |
| i) | the granting, issuing, suspension, withdrawal, reviewing and amendment of gambling licences; |
| ii) | procedures for the consideration of applications, including the investigations that must be conducted and the circumstances under which hearings in respect of licence applications must be conducted; |
| iii) | the criteria to be complied with before any licence is granted in terms of this Act or applicable provincial law; |
| iv) | the nature and manner of the auditing of the businesses of licensees and the documents and records which they must keep and submit to the relevant licensing authority; and |
| v) | the types, minimum standards and qualities of gambling equipment that may be used by any licensee. |
| 3) | The Minister may make regulations determining, in respect of applications for national licences under this Act- |
| a) | the manner and form in which applications for licences are to be submitted; |
| b) | the fees payable, and the manner of payment, in respect of various types of licences, including fees in respect of- |
| i) | applications, |
| ii) | probity investigations; or |
| iii) | licences; |
| c) | procedures for the consideration of applications, including the investigations that must be conducted and the circumstances under which hearings in respect of licence applications must be conducted; |
| d) | the period of duration of a licence and the procedures and fees for the amendment or renewal of licences; |
| e) | conditions that may be attached to a licence, in terms of section 48(5); and |
| f) | conditions and requirements for the transfer of a licence, or an interest in a licence. |
| 4) | Before making any regulations in terms of this Act, other than regulations contemplated in subsection (1)(a) and (d), the Minister- |
| a) | must- |
| i) | consult the Council, and |
| ii) | publish the proposed regulations for comment for a minimum of 45 days; and |
| iii) | table regulations in Parliament before publication in the Gazette. |
| b) | may consult the board and provincial licensing authorities. |