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LOTTERIES AND GAMING ACT.

ARRANGEMENT OF SECTIONS.

   Section

PART I
PRELIMINARY.

   1.   Interpretation.

PART II
NATIONAL LOTTERIES AND GAMING REGULATORY BOARD.

The National Lotteries and Gaming Regulatory Board.

   2.   Establishment of the National Lotteries and Gaming Regulatory Board.

   3.   Objective of the Board.

   4.   Functions of the Board.

   5.   Powers of the Board.

   6.   Composition of the Board.

   7.   Tenure of office of members of the Board.

   8.   Meetings of the Board.

   9.   Remuneration of members of the Board.

Staff of the Board.

   10.   Secretariat of the Board.

   11.   Chief Executive Officer.

   12.   Functions of the Chief Executive officer.

   13.   Tenure of office of Chief Executive officer.

   14.   Exemption from personal liability.

PART III
FINANCES OF THE BOARD.

   15.   Funds of the Board.

   16.   Power to open bank accounts.

   17.   Borrowing powers.

   18.   Estimates of income and expenditure.

   19.   Financial year of the Board.

   20.   Accounts.

   21.   Audit of accounts.

   22.   Annual report.

PART IV
LICENSING AND REGULATION OF LOTTERIES.

National lottery.

   23.   Licence to conduct the national lottery.

Public lotteries.

   24.   Licence to conduct a public lottery.

Regulation of lotteries.

   25.   Lottery rules.

PART V
CASINO, GAMING AND BETTING LICENCES.

   26.   Casino, gaming and betting licence.

   27.   Board to issue licences.

   28.   Licence to operate a casino.

   29.   Suitability of premises.

   30.   Specific licence conditions.

   31.   Licensing of certain casino employees.

   32.   Casino games and rules.

   33.   Gaming and betting and betting equipment within the casino.

PART VI
SPECIFIC PROVISIONS ON GAMING AND BETTING MACHINES.

   34.   Specific conditions for gaming or betting machines licence.

Registration of gaming and betting machines and devices.

   35.   Registration of gaming and betting machines or devices.

   36.   National register of gaming and betting machines and devices.

   37.   Technical standards for gaming or betting machines.

   38.   Gaming and betting software standards.

PART VII
GENERAL PROVISIONS ON LICENSING.

   39.   Minimum capital requirements.

   40.   Bond.

   41.   Application for a licence.

   42.   Processing of application by the Board.

   43.   General licence conditions.

   44.   Form of licence.

   45.   Duration of licence.

   46.   Suspension and revocation of licence.

   47.   Renewal of licence.

PART VIII
TAXATION OF CASINOS, GAMING AND BETTING ACTIVITIES.

   48.   Tax on casinos, gaming and betting.

   49.   Interest on unpaid tax.

   50.   Returns.

   51.   Assessment.

   52.   Objection to assessment.

   53.   Remission of tax.

   54.   Recovery of unpaid tax and interest.

   55.   Penal tax.

   56.   Commissioner to collect tax.

PART IX
GENERAL.

Restrictions on minors.

   57.   Licensee or agent not to accept entry or payment from minor.

   58.   Adults not to enter or subscribe to public lottery on behalf of minor.

   59.   Display of notice prohibiting minors from entering lottery.

   60.   Prohibited items.

Electronic monitoring system.

   61.   National central electronic monitoring system.

   62.   Display of licence.

Appeals.

   63.   Appeals.

Offences and penalties.

   64.   Conducting a lottery or related competition without a licence.

   65.   Promoting or advertising unlicensed lottery.

   66.   Forging tickets or selling forged tickets.

   67.   Offences relating to casinos, gaming and betting.

   68.   Offences relating to tax.

   69.   Amendment of Schedules.

   70.   Regulations.

Repeal and savings.

   71.   Repeal of Cap. 191 and Cap. 292.

 

      Schedule 1   Currency point.

      Schedule 2   Meetings of the Board and related matters.

      Schedule 3   Matters to be provided for by lottery rules.

      Schedule 4   Rate of tax.

      Schedule 5   Prohibited Items.

 

LOTTERIES AND GAMING ACT.

Commencement: 8 April, 2016.

   An Act to reform the law relating to the conduct of lotteries, gaming, betting and casinos; to establish the National Lotteries and Gaming Regulatory Board; to provide for licensing and regulation of lotteries, gaming and betting; to provide for taxation of casinos, gaming and betting activities; to repeal the National Lotteries Act, Cap. 191 and the Gaming and Pool Betting (Control and Taxation) Act, Cap. 292; and for related matters.

 

PART I
PRELIMINARY.

 

1.   Interpretation.

   In this Act, unless the context otherwise requires—

   "agent of a licensee" means an agent appointed or approved in accordance with the conditions of the licence held by the licensee;

   "betting" means making or accepting a bet on—

   (a)   the outcome of a race, competition or other event or process;

   (b)   the likelihood of anything occurring or not occurring; or

   (c)   whether anything is or is not true;

   "Board" means the National Lotteries and Gaming Regulatory Board;

   "casino" means a private club, or a room in a club, hotel, or other establishment, where gambling takes place or place where people gamble by playing card games, roulette, or slot machines which has been issued with a licence under this Act;

   "Commissioner" means the Commissioner General appointed under the Uganda Revenue Authority Act;

   "conducting a public lottery" includes promoting, organising and operating a public lottery;

   "currency point" has the value assigned to it in Schedule 1;

   "gaming" means the playing of a game of chance for winnings in money or money's worth and for the avoidance of doubt, includes gambling;

   "gaming and betting machine or device" means any equipment or mechanical, electromechanical or electronic contrivance, component or machine; or software used remotely or directly in connection with gaming and betting or any game which affects the result of a wager by determining a win or loss;

   "licence" means a licence issued under this Act;

   "licensee" means the holder of a licence;

   "lottery" includes any game, scheme or arrangement, system, plan, promotional competition or device for distributing prizes or property by lot or chance, whether by throwing or casting of dice, tickets, cards, lots, numbers or figures;

   "Minister" means the Minister responsible for finance;

   "minor" means a person below 25 years;

   "National lottery" means lottery conducted by or on behalf of the Minister responsible for finance with the view of raising funds for a purpose defined by the Minister;

   "numbers" include—

   (a)   symbols;

   (b)   a single number or symbol;

   (c)   a group or groups of numbers or of symbols or of numbers and symbols;

   (d)   a combination or combinations of numbers or of symbols or of numbers and symbols; or

   (e)   a distribution or distributions of numbers or of symbols or of numbers and symbols; and

a person chooses numbers if the person chooses the numbers personally or if the numbers are chosen for the person;

   "pool" means any competition organised for gain, in which for monetary or other material regard, the public is invited to forecast or tell the result of any game, race, or event and includes a pool operated on the system known as fixed odds betting on the results of that game, race or event;

   "pool bet" means any stake or wager in a pool, whether in money or money's worth and includes any portion of that stake or wager;

   "prize" means the prize awarded to the winner of a lottery;

   "promotional competition" means a lottery, game or contest conducted for the purpose of promoting the sale or use of any goods or services;

   "public lottery" includes—

   (a)   a game of chance, including a game such as draw lottery or bingo, in which—

      (i)   a person chooses or is allocated numbers;

      (ii)   certain numbers are subsequently selected at random as prize winning numbers, and

      (iii)   prizes are distributed to persons holding the prize winning numbers;

   (b)   a game of chance including an instant lottery in which—

      (i)   certain numbers are designated as prize winning numbers;

      (ii)   persons are allocated numbers that have previously been selected at random;

      (iii)   prizes are distributed to persons holding the prize winning numbers;

   (c)   a game of chance such as lotto, keno or powerball in which persons choose or attempt to forecast, from designated numbers, fewer numbers to be drawn on a random basis; or

   (d)   the game known as soccer football pool in which persons choose or attempt to forecast, from designated numbers, fewer numbers that represent the outcome of soccer football matches;

   "wager" means a sum of money or representative of value that is risked on an occurrence for which the outcome is uncertain.

 

PART II
NATIONAL LOTTERIES AND GAMING REGULATORY BOARD.

 

The National Lotteries and Gaming Regulatory Board.

 

2.   Establishment of the National Lotteries and Gaming Regulatory Board.

   (1) There is established a Board, known as the National Lotteries and Gaming Regulatory Board.

   (2) The Board is a body corporate with perpetual succession and a common seal and may for the discharge of its function under this Act—

   (a)   sue and be sued in its corporate name;

   (b)   acquire, hold, manage and dispose of movable and immovable property; and

   (c)   do all acts and things a body corporate may lawfully do.

   (3) The application of the seal of the Board on any document shall be authenticated by the signatures of the Chairperson of the Board and the Chief Executive Officer, and in the absence of the Chairperson, by any two members of the Board, and the Chief Executive Officer.

   (4) Every document purporting to be an instrument issued by the Board, sealed with the seal of the Board and authenticated in accordance with subsection (3), shall be deemed to be an instrument of the Board and shall be received in evidence without further proof.

 

3.   Objective of the Board.

   The objective of the Board is to supervise and regulate the establishment, management and operation of lotteries, gaming, betting and casinos in Uganda, and to protect the citizens from the adverse effects of gaming and betting in Uganda.

 

4.   Functions of the Board.

   The Board shall—

   (a)   regulate and supervise the establishment, management and operation of lotteries, gaming, betting and casinos in Uganda;

   (b)   licence casinos in Uganda;

   (c)   licence persons operating in a casino and any other employee of a casino;

   (d)   approve devices or equipment for lotteries, gaming, betting and casinos;

   (e)   designate and licence premises for lotteries, gaming, betting and casinos;

   (f)   collect lottery, gaming, betting, and the casino tax from both the owners and the gamblers;

   (g)   approve games that may be made available for casinos lotteries, gaming, betting and casinos;

   (h)   approve and set standards for the supply, installation or adaptation of gaming and betting software;

   (i)   participate and contribute to good causes in accordance with this Act;

   (j)   protect members of the public from adverse effects of gaming and betting including the promotion of transparency and accountability;

   (k)   implement Government policy relating to lotteries, gaming, betting and casinos;

   (l)   promote public awareness of the gaming and betting industry;

   (m)   receive, investigate and arbitrate complaints relating to lotteries, gaming, betting and casinos and take appropriate action;

   (n)   advise and make recommendations to the Minister on matters relating to lotteries, gaming, betting and casinos; and

   (o)   perform any other function conferred upon it under this Act.

 

5.   Powers of the Board.

   To carry out its objectives, the Board may exercise, perform and discharge any of the following powers—

   (a)   control, supervise and administer the assets of the Board in such manner and for such purposes to promote the purpose for which the Board is established;

   (b)   conduct any investigation or inquiry relevant to the gaming and betting industry in Uganda;

   (c)   conduct any inspection and examination of books of accounts, records, returns and any document or premises of a licensed person;

   (d)   issue guidelines, directives or instructions to any licensed person for the proper management of a casino, lottery, or game;

   (e)   search the premises of any licensed person in accordance with this Act;

   (f)   delegate any of its powers other than the powers of revocation, licensing, delegation or variation of such delegation; and

   (g)   do such other things to ensure efficiency in the management of casinos, lottery, or gaming.

 

6.   Composition of the Board.

   (1) The Board shall consist of—

   (a)   a representative of the Ministry responsible for finance appointed by the Permanent Secretary;

   (b)   a representative of the Ministry responsible for internal affairs appointed by the Permanent Secretary;

   (c)   three persons, not being public officers, who are knowledgeable and experienced in matters relating to the administration of c

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