The new element introduced by this Bill relates to the establishment of a Games of Chance Administration, and defining the tasks and competences of this Administration; no changes or amendments of the present Law with regard to material regulations are envisaged.
Historically speaking, the establishment of this Administration is not a novel concept, given that such an Administration has previously existed, from 2004 to October 2012, when it was discontinued, and its competences transferred to a sector attached to the Tax Administration. This Bill once again establishes the Administration as a separate body within the Ministry.
The Administration will take on all matters currently within the competence of the Tax Administration pertaining to games of chance, objects, employees, information system, archive, and will also monitor compliance with the law and perform duties relating to prevention of money laundering and financing of terrorism. The Director of the Administration will be nominated by the Minister of Finance and appointed by the Government.
The Bill regulates office and on-site inspections carried out by the Administration. Moreover, the Administration's inspector will be authorized to render an immediate decision on temporary closure of facilities and seizure of equipment and objects used in the organizing of games of chance if he/she finds that games of chance are being organized without authorization or in contravention of the law.
Preventing the inspector from carrying out an on-site inspection or from examining premises, business books, reports and records, software and other data of relevance for the lawfulness of business operations constitutes an offence punishable by a fine ranging from RSD 100,000 to RSD 2.000.000.
As specified in the Bill, the law is scheduled to be applied as from March 1, 2019.
By Jelena Stankovic Lukic, PartnerJPM Jankovic Popovic Mitic