GAMBLING MACHINES ACT - 1973 (NRCD 174)

    • (1) No person shall import a gambling machine into Ghana without the prior consent in writing of the Commissioner responsible for Internal Affairs.

      (2) Application for a consent under this section shall be made in the form contained in the First Schedule and shall be accompanied with a fee of c500,000; [As substituted by the Gambling Machines (Amendment) Act, 2001 (Act 610), s. 1(a)].

      (3) The grant or refusal of a consent under this section shall be in the absolute discretion of the Commissioner.

      (4) A consent given under this section shall be in addition to the requirements of any other law relating to importation.

    • (1) No person shall sell, let on hire or in any way dispose of a gambling machine or any interest therein to any other person without the prior consent in writing of the Commissioner.

      (2) Application for a consent under this section shall be made in the form contained in the Second Schedule.

    • (1) No person shall instal or operate a gambling machine except in accordance with a licence granted by the Commissioner.

      (2) Application for a licence under this section shall be made by the true owner of the gambling machine in the form contained in the Third Schedule and shall be accompanied with a fee of c500,000. [As substituted by the Gambling Machines (Amendment) Act, 2001 (Act 610), s. 1(b)].

      (3) A separate application shall be submitted in respect of each machine.

      (4) The grant or refusal of a licence under this section shall be in the absolute discretion of the Commissioner.

      (5) A licence granted under this section shall not be transferable, and shall not authorise any person other than the person named in the licence to instal or operate the gambling machine.

    • (1) A licence granted under section 3 shall have effect for twelve months from the date of issue, and may be renewed on payment of an annual renewal fee of c200,000. [As substituted by the Gambling Machines (Amendment) Act, 2001 (Act 610), s. 1(c)].

      (2) On the expiry of a licence granted under section 3 the licensee shall within seven days surrender it to the Commissioner.

    • (1) A licence granted under section 3 shall be subject to such terms and conditions as the Commissioner may specify in the licence.

      (2) The Commissioner may at any time in writing vary, revoke, or add to the terms or conditions of a licence, as he thinks fit.

    • (1) The Commissioner may at any time revoke a licence granted under section 3-

      (a) if he is satisfied that the licensee has contravened or failed to comply with any of the terms or conditions of a licence or any requirement of this Decree; or

      (b) if he is satisfied that it is in the public interest so to do; or

      (c) if the licensee is convicted of any offence in relation to gambling machines.

    • (1) Every person who is licensed to operate a gambling machine under section 3 shall pay to the Commissioner of Income Tax a tax of c20,000.00 per machine per annum, and shall before operating the machine deliver to the Commissioner of Income Tax a copy of his licence issued under section 3 and a statement of the number of gambling machines which he maintains at any place.

      (2) The tax imposed by this section shall be payable by quarterly instalments of c5,000.00 payable in advance on or before 1st January, 1st April, 1st July, and 1st October in any year. [As substituted by the Gambling Machines (Amendment) Law, 1985 (PNDCL 129), s.1(a).]

      (3) The Commissioner of Income Tax or any public officer authorised by him may-

      (a) request in writing from any person any information which he considers reasonably necessary for the purposes of giving effect to this section;

      (b) enter and inspect any premises for the said purpose.

      (4) The tax payable under this section shall be a debt due to the Government and recoverable as such by the Commissioner of Income Tax.

      (5) Any person who-

      (a) fails without reasonable excuse (proof of which shall be on him) to pay the tax within the period prescribed by this section; or

      (b) fails without reasonable excuse (proof of which shall be on him) to provide any information requested by the Commissioner of Income Tax under subsection (3) of this section; or

      (c) obstructs the Commissioner of Income Tax or any public officer authorised by him in the inspection of any premises under subsection (3) of this section,

      shall be guilty of an offence and liable on summary conviction (without prejudice to any civil liability for the recovery of the tax) to a fine not exceeding c2,000.00 or to imprisonment not exceeding twelve months or to both.

      (6) [Repealed by the Gambling Machines (Amendment) Law, 1985 (PNDCL 129), s.1(b).]

      (7) The Commissioner of Income Tax may request from the Commissioner returns of all persons licensed under section 3 of this Decree.[As substituted by the Gambling Machines (Amendment) Decree, 1974 (NRCD 274), s.1].

    • No person shall install or operate a gambling machine except at a place approved for that purpose by the Commissioner.

    • No person shall permit any person under the age of 18 years to use a gambling machine, or to enter any place in which a gambling machine is used.

    • A gambling machine which is within Ghana on the commencement of this Decree shall be deemed to be forfeited to the Republic unless within 28 days from such commencement the true owner of the machine applies for a licence under section 3 and pays the prescribed licence fee.

    • A gambling machine which is illegally imported into Ghana, whether before or after the commencement of this Decree, shall be deemed to be forfeited to the Republic.

    • (1) Where the true owner of a gambling machine is uncertain, unknown or cannot be found, the Commissioner may order any police officer to seize that machine.

      (2) A gambling machine seized under this section shall be forfeited to the Republic unless within thirty days of such seizure it is claimed by a person who establishes to the satisfaction of the Commissioner that he is the true owner thereof.

    • Where it is suspected that an offence may have been committed in relation to any gambling machine, the Commissioner may order any police officer to seize that machine.

    • (1) A gambling machine which is seized under section 11 or 12 shall be retained in the custody of the police until the Commissioner otherwise directs.

      (2) A gambling machine which is forfeited under this Decree may be seized by any police officer at any time and at any place, and shall be delivered forthwith into the control of the Commissioner.

      (3) A gambling machine which is forfeited under this Decree shall be disposed of in such manner as the Commissioner may direct.

    • (1) The Commissioner may at any time order any person to remove a gambling machine forthwith from any place which the Commissioner considers to be unsuitable for the operation of such machine.

      (2) When the Commissioner refuses to grant a licence for a gambling machine under section 3, he may at any time order any person to remove it and deliver it into the custody of the police.

      (3) A gambling machine delivered into police custody under subsection (2) shall be retained by the police until the true owner of the machine disposes of it to a person approved by the Commissioner under section 2, or until the Commissioner otherwise directs.

    • (1) No person shall operate, or permit any other person to use, a defective gambling machine.

      (2) Where a gambling machine becomes defective, the person having charge of the operation of that machine shall immediately seal the slot or other apparatus for the insertion of money into the machine, in such manner that the machine cannot be used by any member of the public.

      (3) For the purposes of this section, a gambling machine is defective if-

      (a) it fails to pay prize money; or

      (b) it fails to pay the correct amount of prize money; or

      (c) its operations fail to comply with any requirement of regulations made under this Decree; or

      (d) its normal operations are impaired in any other manner.

    • (1) Any person who-

      (a) imports a gambling machine without the consent required by section 1; or

      (b) sells, lets on hire or in any way disposes of a gambling machine or any interest therein without the consent required by section 2; or

      (c) installs or operates a gambling machine without the licence required by section 3; or

      (d) contravenes or fails to comply with any of the terms or conditions of a licence granted under section 3; or

      (e) obstructs or frustrates any lawful seizure of a gambling machine under this Decree; or

      (f) fails to comply with any order of the Commissioner given under section 14; or

      (g) operates, or permits any other person to use, a defective gambling machine contrary to section 15; or

      (h) wilfully alters any gambling machine so as to render it defective within the meaning of section 15 (3),

      shall be guilty of an offence and liable on summary conviction to a fine not exceeding c500 penalty units or to imprisonment not exceeding two years or to both.

      (2) Any person who permits any other person under the age of 18 years to use a gambling machine, or to enter any place in which a gambling machine is used, shall be guilty of an offence and liable on summary conviction to a fine not exceeding c250 penalty units.

      (3) Any person under the age of 18 years who uses a gambling machine, or enters any place in which a gambling machine is used, shall be guilty of an offence and liable on summary conviction to a fine not exceeding c100 penalty units. [As amended by the Gambling Machines (Amendment) Act, 2001 (Act 610) Section 1(d)].

    • The Commissioner may in writing grant an exemption from any provision of this Decree in respect of a gambling machine operated by a private association or club, where he is satisfied that the machine is used only by the members of that association or club and that the application of any provision of this Decree might cause hardship.

    • The Commissioner may by legislative instrument make regulations-

      (a) for the further control of gambling machines;

      (b) for the prevention of fraudulent or dishonest practices relating to gambling machines;

      (c) regulating the payment of prize money;

      (d) prohibiting the importation or use of any type of gambling machine whose importation or use is contrary to the public interest;

      (e) otherwise for carrying out the principles and purposes of this Decree.

    • (1) This Decree shall have effect notwithstanding the provisions of the Customs and Excise Decree, 1972 (NRCD 114) or any other enactment to the contrary.

      (2) Notwithstanding subsection (1), this Decree shall not render lawful anything which is declared to be unlawful by the Lotteries and Betting Act, 1960 (Act 31) or any other enactment relating to gaming.

    • In this Decree-

      "Commissioner" means the Commissioner responsible for Internal Affairs;

      "defective" has the meaning assigned to it in section 15 (3);

      "gambling machine" means any machine played for a prize by the insertion of coins or tokens, and includes, but is not restricted to, machines of the type commonly referred to as slot machines, fruit machines, and one-arm bandits;

      "licence" means a licence to instal or operate a gambling machine.

    • Gambling Machines (Amendment) Act, 1994 (Act 470) is hereby repealed. [Inserted and to be cited as the Gambling Machines (Amendment) Act, 2001 (Act 610), s. 2].