Lotteries And Gaming Act [Chapter 10:26]

 

Chapter 10:26

 

Lotteries And Gaming Act

Acts 26/1998, 22/2001 (s. 4), 14/2002 (s. 16)

Arrangement Of Sections

PART I

PRELIMINARY Section

1. Short title and date of commencement.

PART II

LOTTERIES ANDGAMINGBOARD

3. Establishment of Lotteries and Gaming Board.
4. Functions of Board.
5. Constitution of Board.
6. Disqualifications for appointment to Board.
7. Terms of office and conditions of service of members.
8. Members to disclose business interests and assets.
9. Vacation of office by member.
10. Suspension of member.
11. Dismissal of Board.
12. Filling of vacancies on Board.
13. Meetings and procedure of Board.
14. Secretary and staff of Board.
15. Committees of Board.
16. Members of Board or committees to disclose certain connections and interests.
17. Minutes of proceedings of Board and committees.
18. Remuneration and allowances of members of Board or committees.
19. Policy directions to Board.
20. Reports of Board.
21. Validity of decisions and acts of Board and committees.

PART III

FINANCIALPROVISIONS RELATING TO BOARD

22. Grants to Board from Fund.
23. Funds of Board.
24. Investment of moneys not immediately required by Board.
25. Financial year of Board.
26. Accounts of Board.
27. Audit of Board’s accounts.
28. Powers of auditors.
29. Internal auditor.

PART IV

REGULATION AND LICENSING OF LOTTERIES ANDGAMING

30. Prohibition against conduct of unlicensed lottery.
31. Prohibition against unlicensed gaming activities.
32. Application for and issue or refusal of licence.
33. Form and period of validity of licence.
34. Terms and conditions of licence.
35. Renewal of licence.
36. Transfer or amendment of licence.
37. Suspension or cancellation of licence.
38. Special provisions relating to casino licences.

PART V

CONDUCT OFLOTTERIES BY OR ONBEHALF OFSTATE

39. Interpretation in Part V.
40. Power of Minister to conduct or authorise the conduct of State lotteries.
41. Promotion and conduct of State lotteries.
42. Minors not to be sold tickets nor entitled to prizes.
43. State Lotteries Account.
44. Payment of prizes.
45. Proportion of proceeds of State lotteries to be used for charity or sport.
46. Director of State Lotteries and other officers.
47. Minister may delegate powers.
48. Non-liability of State and officers.
49. Audit of State Lotteries Account.

PART VI

LEVIES

50. Imposition of levies.
51. Withdrawal, suspension or increase of levy.
52. Recovery of unpaid levy.

PART VII

LOTTERIES ANDGAMING FUND

53. Establishment and objects of Lotteries and Gaming Fund.
54. Composition of Fund.
55. Administration of Fund.
56. Financial year of Fund.
57. Books of account and audit of Fund.

PART VIII

GENERAL

58. Powers of entry and inspection.
59. Information to be kept confidential.
61. Cheating in game or lottery.
62. Prohibition against gaming by minors.
63. Validity of certain gaming contracts.
64. Recovery of subscriptions and prizes in illegal lottery.
66. Amendment of Cap. 10:02.
67. Repeals and savings.

AN ACT to regulate and control lotteries and gaming and activities connected therewith; to establish the Lotteries and Gaming Board and to provide for its functions; to establish the Lotteries and Gaming Fund and to provide for its management and control; to provide for the promotion and conduct of State lotteries and the safeguarding and application of revenues derived therefrom; to provide for the imposition of levies on persons who conduct lotteries and gaming activities and to regulate the payment of such levies; to amend the Betting and Totalizator Control Act [Chapter 10:02] and to repeal the Gaminghouses Suppression Act [Chapter 9:09], the Lotteries Prohibition Act [Chapter 9:14], the Casino Act [Chapter 10:03], the Lotteries and Gaming (Exemption) Act [Chapter 10:13] and the State Lotteries Act [Chapter 17:07]; and to provide for matters connected with or incidental to the foregoing.

[Date of commencement : 1st October, 2000]

PART I

PRELIMINARY

1    Short title and date of commencement

This Act may be cited as the Lotteries and Gaming Act [Chapter 10:26].

                       2    Interpretation

In this Act—

“Board” means the Lotteries and Gaming Board constituted in terms of section three;

“casino” means premises upon which gaming is conducted in accordance with this Act;

“casino area” means the area specified in terms of subparagraph (ii) of paragraph (d) of subsection (1) of section thirty-three;

“casino licence” includes a temporary casino licence referred to in subsection (4) of section thirty-eight;

“committee” means a committee of the Board;

“Fund” means the Lotteries and Gaming Fund established by section fifty-three;

“game” means any game, irrespective of whether or not its result is determined by chance, played with playingcards, dice or a gaming device for money, property, credit or anything of value, other than an opportunity to play a further game, and includes, without derogating from the foregoing, roulette, bingo, twenty-one, blackjack, chemin de fer, baccarat and computerised racing;

“gaming device” means any equipment or mechanical, electro-mechanical or electronic device, component or machine which is used, directly or indirectly, for the purposes of a game and which brings about the result of a wager by determining win or loss;

“levy” means a levy imposed in terms of section fifty;

“licence” means a licence issued under this Act;

“licensed premises” means premises in respect of which a licence is in force;

“liquor” has the meaning assigned to it by the Liquor Act [Chapter 14:14];

“lottery”