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[F.A.Q.]
Vanuatu Sessional Legislation |
Repealed
Commencement:
8 March 1993
REPUBLIC OF VANUATU
BETTING
(CONTROL) ACT
NO. 1 OF 1993
Arrangement of Sections
Part 1 - Preliminary
1.
Interpretation.
Part 2 - Totalizator Betting
2.
Establishment, and use and operation of totalizator or totalizator betting
facility to be lawful.
3. Betting by
means of a totalizator betting facility to be
lawful.
4. Betting events to be
prescribed or approved.
5.
Applications for a totalizator operator's
licence.
6. Grant of totalizator
operator's licence.
7. Approval of the
premises and equipment etc.
8. Licence
holder to comply with relevant
laws.
9. Renewal of
licence.
10. Any agreement or
arrangement to be approved by the
Minister.
11. Rules of licence
holder.
12. Cancellation or suspension
of licence.
13. Licence
fee.
14. Acceptance of bets by the
licence holder.
15. Application of
amounts not paid into totalizator.
16.
Credit accounts.
17. Offences related
to premises.
18. Totalizator betting,
by young persons to be an offence.
19.
No investment in respect of totalizator betting after starting of
race.
20. Commission on totalizator
betting investments.
21.
Dividends.
22. Return of money
received through totalizator
betting.
23. Unclaimed
dividends.
Part 3 - Bookmaking
24.
Bookmaking to be lawful subject to this
Act.
25. Bookmaker's permit to be held
by the bookmaker.
26. Bets to be made
on prescribed betting event.
27.
Applications for permit.
28. Grant of
permit.
29. Approval of the premises
by the Minister.
30. Renewal of a
permit.
31. Fees on bookmaker's
permit.
32. Rules of permit
holder.
33. Commission on net
turnover.
34. Betting with persons
under 18 to be an offence.
35. Betting
by persons under 18 to be an
offence.
36. Agent of bookmaker to be
authorized.
37. Cancellation of permit
on conviction,
38. Bets to be made in
accordance with the Act.
39. Offences
related to betting by certain persons.
Part 4 - Miscellaneous and General
40.
Bank accounts.
41. Access to Banking
Records.
42. Accounting
record.
44.
Audit.
43. Books and documents to be
kept on the approved premises.
45.
Offence to disclose information.
46.
Offences by body corporate.
47.
Compliance with requirement of an
inspector.
48. False
information.
49. False
representation.
50. Failure to provide
information.
51. Inducements, cheating
and dishonest practices.
52. General
administration and collection of fees
etc.
53. Appointment of
inspectors.
54. Delegation of powers
by the Collector.
55. Rights of
inspector in certain premises.
56.
Functions of inspectors.
57. Powers of
inspectors.
58. Search
warrant.
59. Offences relating to
obstruction of inspectors.
60.
Commission or fee in default or penalty to be a
debt.
61.
Regulations.
62.
Commencement.
------------------------------------------
REPUBLIC OF VANUATU
BETTING
(CONTROL) ACT
NO. 1 OF 1993
Assent:
19/2/93
Commencement:
8/3/93
An Act to make provision
for totalizator betting and bookmaking in Vanuatu, for their control and
regulation and for matters, connected
therewith.
BE
IT ENACTED by the President and
parliament is follows:-
PART 1 - PRELIMINARY
INTERPRETATION
1.
In this Act, unless the context otherwise re requires,-
'approved premises' means such premises as are approved by the Minister pursuant to this Act, for the conduct of totalizator betting or bookmaking;
'bet' does not include any bet made or stake hazarded in the course of, or incidentally to, any gaming;
'betting event' means any race event or sporting event;
'betting operation' means an operation of a business involving the receiving, transmitting or negotiating of bets;
'betting transaction' includes the collection or payment of winnings on a bet, and any transaction in which one or more parties is acting as a bookmaker;
'bookmaker' means any person who whether on his own account or as an employee or agent to any other person carries on the business of receiving or negotiating bets on a betting event, made otherwise than by means of a totalizator or with a totalizator betting facility and 'bookmaking' shall be construed accordingly;
'dividend' means the amount declared to be payable in respect of any prescribed betting event and shall include the unit or investment;
gaming means a playing of gave of chance for winning in money Or moneys worth and does not include betting;
'greyhound race' or 'greyhound racing' means a ease between dogs in competitive pursuit of a lure activated by mechanical means;
'harness race' or 'harness racing' means a race in which each horse or pony competing moves at a gait generally known as pacing or trotting;
'inspector' means an inspector appointed under Part 4 of this Act;
'investment' means an amount of money paid into the totalizator or totalizator betting facility in respect of any prescribed totalizator betting event;
'investor' means any person making an investment and includes a person purchasing a totalizator ticket;
'licence' means the totalizator operator's licence issued under this Act;
'licence holder' means a holder of the totalizator operator's licence;
'Minister' means the Minister responsible for finance;
'permit' means the bookmaker's permit issued under this Act;
'permit holder' means a holder of the bookmaker's permit;
'place' shall mean any place whatsoever whether within a building or not whether upon land or water whether defined as to area or not;
'pony race' means any race under conditions relating to the height of any horse, mare or gelding eligible to compete therein;
'premises' means any house, office, room or building and includes:
(a) a structure, aircraft, vehicle, or vessel; and
(b) a place;
'prescribed' means prescribed by regulations made by the Minister under the provision of this Act;
'race' or 'race event' means any horse race or greyhound race, harness race or pony race;
'regulation,' means regulations made by the Minister under this Act;
'rules' means rules of the licence holder or of the permit holder made with the approval of the Minister under this Act;
'ticket' means a totalizator ticket;
'totalizator' means the instrument or contrivance for betting known as totalizator and includes any other machine, instrument or contrivance of a like nature and conducted on the like principles;
'totalizator betting' means betting in Vanuatu on a prescribed totalizator betting event by means of an investment on a totalizator or with a totalizator betting facility;
'totalizator betting events' means betting events in respect of which bets may be made by means of a totalizator or totalizator betting facility;
'totalizator betting facility' means the facility operated and provided in Vanuatu, by any person in Vanuatu, through the services provided or extended by any prescribed person or prescribed body of persons, corporate or unincorporate, in a country outside Vanuatu, enabling or facilitating persons in Vanuatu to make bets on totalizators located outside Vanuatu, or any prescribed totalizator betting event conducted in a country outside Vanuatu;
'totalizator ticket' includes any ticket, card, token or thing entitling or purporting to enable any, person to any interest in any dividend, division, or distribution of money by means of or in connection with or as the result of the operation of a totalizator or totalizator betting facility.
PART
2
ESTABLISHMENT,
AND USE AND OPERATION OF TOTALIZATORS OR TOTALIZATOR BETTING FACILITY TO BE
LAWFUL
TOTALIZATOR
BETTING
2. Notwithstanding
anything in any Act to the contrary, but subject to the provisions of this Act
it shall be lawful for any person
-
(a) to establish a totalizator on any prescribed place within Vanuatu and use or conduct such totalizator for the purpose of making bets on any betting event conducted within Vanuatu; or
(b) to establish, and use or conduct a totalizator, or operate a totalizator betting facility in Vanuatu, for the purpose of enabling or facilitating persons in Vanuatu, to make bets on prescribed totalizator betting events conducted outside Vanuatu.
BETTING
BY MEANS OF A TOTALIZATOR OR TOTALIZATOR BETTING FACILITY TO BE
LAWFUL
3. Subject to the
provisions of this Act, the mere fact of persons betting by means of an
investment on a totalizator or with a totalizator
betting facility shall not
constitute such betting or investment an offence under any Act, either by those
persons or by the licence
holder or any of his agents or
employees.
BETTING
EVENTS TO BE PRESCRIBED OR
APPROVED
4. (1) Totalizator
betting on any events other than prescribed totalizator betting events shall be
unlawful.
(2) It shall not be
lawful for any person
to use or conduct totalizator in respect of
any betting event conducted in Vanuatu unless such betting event is held for a
charitable
purpose or is a betting event approved by the Minister for the
purposes of paragraph (a) of section
2.
APPLICATIONS
FOR A TOTALIZATOR OPERATOR'S
LICENCE
5. (1) Any person may
apply to the Minister for a totalizator operator's licence authorizing the
establishment, and use or conduct
of a totalizator or the provision or operation
of totalizator betting facility under the provisions of this
Act.
(2) Every application
referred to in subsection (1) shall be in such form and manner and shall contain
such particulars as may be
prescribed.
(3) In the case of an
application for a licence in respect of a totalizator betting facility, the
applicant shall submit to the Minister,
with his application, a copy of any
arrangement or agreement for or with respect to the provision and operation of
the totalizator
betting facility which he has entered into with any person or
body of persons outside
Vanuatu.
GRANT
OF TOTALIZATOR OPERATOR'S
LICENCE
6. (1) The Minister may
subject to the provisions of this Act and subject to such conditions as he
thinks fit, grant for such period
not exceeding 5 years, a totalizator
operator's licence.
(2) The
Minister may -
(a) after considering an application for the grant of a totalizator operator's licence refuse the grant of such licence; or
(b) revoke a licence or vary the conditions of a licence granted under subsection (1).
(3)
A licence granted under subsection (1) shall not be
transferable.
APPROVAL
OF THE PREMISES AND EQUIPMENT
ETC.
7. Before the grant of a
totalizator operator's licence under this Act the Minister shall
-
(a) satisfy himself that the applicant is a suitable person to be a holder of a licence under this Act; and
(b) approve -
(i) the totalizator and any machinery, or equipment used in the operation of or in connection with that totalizator or the betting facility; and
(ii) the proposed premises at which the intending licence holder proposes to operate,
which shall comply with the prescribed requirements and confirm such prescribed conditions or specifications.
LICENCE
HOLDER TO COMPLY WITH RELEVANT
LAWS
8. It shall be a condition of
a licence that in the case of a licence holder who uses or conducts a
totalizator or operates a totalizator
betting facility, in respect of any
prescribed totalizator betting events conducted in a country outside Vanuatu,
shall at all times
comply with the relevant laws of that country governing
betting and totalizators
operations.
RENEWAL
OF LICENCE
9. (1) The licence
holder may not less than three months before the expiry of the licence apply for
the renewal of such licence.
(2)
The Minister may after considering any such application under subsection (1)
refuse to renew such licence, or renew such licence
for a period or periods not
exceeding 3 years at
time.
ANY
AGREEMENT OR ARRANGEMENT TO BE APPROVED BY THE
MINISTER
10. The licence holder
may with the approval of the Minister and subject to the provisions of this Act
enter into any arrangement
or agreement with any person or body of persons,
corporate or unincorporate, outside Vanuatu for or with respect to the prevision
and operation of totalizator or totalizator betting
facility.
RULES
OF LICENCE HOLDER
11. Subject to
the provisions of this Act; the licence holder may with the approval of the
Minister make rules in respect of the conduct
or operation of the totalizator or
totalizator betting facility provided by
him.
CANCELLATION
OR SUSPENSION OF LICENCE
12. (1)
The Minister may suspend or cancel the licence issued under this Part; if the
licence holder-
(a) is convicted of an offence under this Act or any regulation made thereunder;
(b) fails to comply with any terms and conditions of the licence;
(c) is convicted of a cognizable offence.
(2)
Notwithstanding any other provisions of this Act, the Minister may when he is
satisfied that it is in the public interest to do
so-
(a) suspend the licence for such period as the Minister thinks fit; or
(b) cancel the licence.
LICENCE
FEE
13. (1) A fee of VT500,000
shall be paid by the licence holder to the Minister on the issue of the
totalizator operator's licence
and on the first day of each subsequent year
during the currency of the
licence.
(2) A daily penalty at
the rate of 20%, per annum shall be payable by the licence holder on any
principal amount of the licence fee
that remains unpaid after the fourteenth day
after the relevant time for payment of the
fee.
(3) The daily penalty payable
under subsection (2) compounds at 3 monthly
intervals.
(4) The Minister may,
for any reason the Minister thinks fit remit any part, or the whole, of the
daily penalty payable under this
section.
(5) The annual licence
fee and daily penalty payable under this section are debts due to the Government
and may be recovered by action
in any Court of competent
jurisdiction.
ACCEPTANCE
OF BETS BY THE LICENCE HOLDER
14.
(1) No bet shall be accepted by the licence holder or any of his employees or
agents unless it is made in accordance with this
act and the approved rules of
the licence holder, at approved premises either by the deposit of the amount of
the bet in cash, in
Vatu or in Australian dollars or by the deposit of money
credited in Vatu or in Australian dollars to the licence holder or a credit
account in Vatu or in Australian dollars established with such licence holder
using electronic transfer of funds or using any other
means approved by the
licence holder or by letter sent through the post or by telegram or telephone
message.
(2) No bet made using the
electronic transfer of funds or other approved means by letter or by telegram or
telephone message shall
be accepted by the licence holder on any prescribed
totalizator betting event unless:-
(i) the person making the bet has, before the start of the betting event, established with the licence holder in accordance with the rules of such licence holder a credit account sufficient to pay the amount of the bet and has maintained that amount up to the time of making the bet and the bet is charged against that account; or
(ii) alternatively, in the case of a but made by letter or telegram, the amount of the bet is forwarded through the post with the letter or payment thereof is arranged by telegram in accordance with the rules of the licence holder; or
(iii) alternatively in the case of a bet using the electronic transfer of funds or other approved means, the amount of the bet is transferred from an account kept in credit in accordance with the rules of the licence holder.
(3)
For the purpose of subsection (2) the tender by a person making a bet of a
betting voucher shall be deemed to be the investment
by that person of an amount
of cash equal to the monetary amount specified or the fact of the betting
voucher.
(4) In subsection (3)
"betting voucher" means a betting voucher issued by the licence holder, whether
or not for
consideration.
APPLICATION
OF AMOUNTS NOT PAID INTO
TOTALIZATOR
15. Where for any
reason the licence holder is not able to pay the amount of any bet into the
appropriate totalizator outside Vanuatu
the licence holder shall pay the amount
into a suspense account kept for the purposes of this section to be dealt with
as
prescribed.
CREDIT
ACCOUNTS
16. A credit account may
be established with the licence holder for any prescribed amount in Vatu or in
Australian dollars and may
in accordance with the rules of the licence holder be
maintained by the payment of further moneys or the crediting of winnings to
that
account.
OFFENCES
RELATED TO PREMISES
17. Any person
who:-
(a) having the management or control of the approved premises of a licence holder authorizes or permits or suffers such premises to be constituted or used, or any act or thing to be done or omitted in or in relation to such premises, in contravention of or failure of compliance with this Act or regulations; or
(b) having the management or control of f or being employed or acting in any capacity in connection with any approved premises of a licence holder:
(i) accepts a bet from or gives or sends a ticket or acknowledges in respect of a bet to any person who he has reason to believe is under the age of 18 years; or
(ii) accepts from any person any bet which is prohibited by or does not conform to this Act or the regulations or rules thereunder; or
(c) not being a person lawfully managing; or controlling or being employed in any approved premises of a licence holder sells or offers to sell any ticket or acknowledgment purporting to be issued by a licence holder in respect of a bet; or
(d) purchases any such ticket or acknowledgment from any person not authorized to sell the same,
shall
be guilty of an offence and shall be liable on conviction for a first offence to
a fine not exceeding VT200,000 or to imprisonment
for a term not exceeding 3
months, and for a second offence to a fine not exceeding VT1,000,000 or to
imprisonment for a term not
exceeding 6 months, and for any subsequent offence
to a fine not exceeding VT2,000,000 or to imprisonment for a term not exceeding;
12
months.
TOTALIZATOR
BETTING BY YOUNG PERSONS TO BE AN
OFFENCE
18. (1) Any person under
the age of 18 years who bets by means of totalizator betting shall be guilty of
an offence and shall be liable
on conviction to a fine not exceeding VT100,000
for a first offence, and to a fine not exceeding. VT500,000 for each subsequent
offence.
(2) A clearly printed
copy of subsection (1) of this section shall be affixed over every door or
opening in every approved premises
at which money is paid or received in respect
of totalizator betting and any licence holder who permits totalizator betting
without
having a copy of subsection (1) of this section affixed as aforesaid
shall be guilty of an offence and shall be liable on conviction
to a fine not
exceeding
VT500,000.
NO
INVESTMENT IN RESPECT OF TOTALIZATOR BETTING AFTER STARTING OF
RACE
19. Any licence holder who
receives or permits to be received any investment in any totalizator betting in
respect of any race after
the starting of such race shall be guilty of an
offence and shall be liable on conviction to a fine not exceeding VT500,000 or
to
imprisonment for a term not exceeding 2 years or to both such fine and term
of
imprisonment.
COMMISSION
ON TOTALIZATOR BETTING
INVESTMENTS
20. (1) Every licence
holder shall deduct as commission out of the moneys invested in a totalizator or
with a totalizator betting
facility in respect of each betting event,
10.8%.
(2) Out of the percentage
deducted pursuant to subsection (1) every licence holder shall pay to the
Minister ten per cent, half out
of which to be carried to and form part of the
Government Revenue Fund and the balance to be paid into the Community
Development
Fund.
(3) The amount
payable to the Minister under subsection (2) shall be paid to the Minister
within 14 days after the holding of each
relevant betting
event.
(4) After making payments
to the Minister, under subsection (3) the licence holder shall apply the residue
to the commission in accordance
with the prescribed
manner.
(5) For the purposes of
this section, moneys invested in a totalizator or with a totalizator betting
facility shall be taken to refer
to moneys paid or invested less any amount
payable to any investor by way of refund of persons making bets or investing in
that totalizator
or with that totalizator betting
facility.
DIVIDENDS
21.
(1) The licence holder shall, after making the deduction referred to in the
preceding section pay by way of dividends and refunds
all money invested in any
totalizator or with a totalizator betting
facility.
(2) A licence holder who
makes, authorizes or permits the payment to any person dividend which is not
calculated in accordance with
the rules or in the prescribed manner shall be
liable to a fine not exceeding
VT500,000.
RETURN
OF MONEY RECEIVED THROUGH TOTALIZATOR
BETTING
22. (1) Within 14 days
after the holding of any betting event which is the subject of totalizator
betting, every holder of a totalizator
operator's licence shall deposit with the
Collector of Rates and Taxes full and true statement of -
(a) all monies paid to the licence holder in respect of each race event with such details, if any, as are prescribed; and
(b) the commission deducted by the licence holder out of such monies pursuant to this Act.
(2)
If any licence holder contravenes or fails to comply with the provisions of
subsection (1) such licence holder shall be guilty
of an offence and shall be
liable on conviction for a first offence to a fine not exceeding VT500,000 and
for a second offence to
a fine not exceeding
VT1,000,000.
UNCLAIMED
DIVIDENDS
23. All monies payable
by way of dividends and refund s which are unclaimed for 1 month by any person
entitled to the payment thereof
shall be dealt with in such manner and subject
to such conditions as may be prescribed by the Minister.
PART
3
BOOKMAKING
BOOKMAKING
TO BE LAWFUL SUBJECT TO THIS
ACT
24. Notwithstanding anything
in any Act to the contrary but in accordance with the provisions of this Act, it
shall be lawful for
any person to act as a bookmaker in
Vanuatu.
BOOKMAKER'S
PERMIT TO BE HELD BY THE
BOOKMAKER
25. No person shall act
as a bookmaker in Vanuatu unless he is the holder of a bookmaker's permit issued
under this Part, authorizing
him to engage in bookmaking in
Vanuatu.
BETS
TO BE MADE ON PRESCRIBED BETTING
EVENT
26. No betting transactions
related to bookmaking shall be carried out in respect of any event unless such
event is a prescribed betting
event for the purposes of this
Part.
APPLICATIONS
FOR PERMIT
27. (1) Every
application for the grant of bookmakers permit authorizing any person to engage
in bookmaking shall be made to the Minister
in such form and manner and shall
contain such particulars as may be
prescribed.
(2) The Minister may,
after considering an application for the grant of a permit under subsection (2),
refuse to grant the
permit.
GRANT
OF PERMIT
28. (1) The Minister may
subject to the provisions of this Act and subject to such conditions as he may
impose, grant any person a
permit in the prescribed form, authorizing that
person to engage in
bookmaking.
(2) The period for
which a permit is issued under subsection (1) shall not exceed 5
years.
(3) The Minister may revoke
a permit or vary the conditions of a permit granted under subsection
(1).
(4) A permit issued under
subsection (1) shall not be
transferable.
APPROVAL
OF THE PREMISES BY THE
MINISTER
29. Before the grant of a
permit under this Part-
(a) the Minister shall satisfy himself that the applicant is a suitable person to be a holder of a bookmaker's permit under this Act;
(b) the proposed place or premises which the intending permit holder proposes to operate shall meet the prescribed standard or requirements.
RENEWAL
OF A PERMIT
30. (1) A bookmaker
may apply from time to time for the renewal of a
permit.
(2) The Minister may,
after considering an application for the renewal of a permit made under this
section, refuse to renew the permit,
or renew such permit for a period or
periods not exceeding 3 years at a
time.
FEES ON
BOOKMAKER'S PERMIT
31. (1) A fee
of VT500,000 shall be paid by the permit holder to the Minister on the issue of
the bookmaker's permit, and on the first
day of each subsequent year during the
currency of the permit.
(2) A
daily penalty at the rate of 20% per annum shall be payable by the permit holder
on any principal amount of the fee that remains
unpaid after the fourteenth day
after the relevant time for payment of the
fee.
(3) The daily penalty payable
under subsection (2) compounds at 3 monthly
intervals.
(4) The Minister may
for any reason the Minister thinks fit remit any part or the whale of the daily
penalty payable under this
section.
(5) The annual fee and
daily penalty payable under this section are debts due to the Government and may
be recovered by action in
any court of competent
jurisdiction.
RULES
OF PERMIT HOLDER
32. Subject to
the provisions of this Act, the permit holder may with the approval of the
Minister make rules in respect of his betting
operation.
COMMISSION
ON NET TURNOVER
33. (1) Every
permit holder shall deduct as commission payable to the Government, out of the
moneys received by him by way of a bet
in respect of each prescribed betting
event the sum of 5% of net turnover of
betting.
(2) The sum deducted
under subsection (1) shall be paid to the Minister by the permit holder, out of
which sum, half shall be paid
to the Government Revenue Fund and the remaining
half to the Community Development
Fund.
(3) The sum referred to in
subsection (1) shall be paid to the Minister within 14 days after the holding o
each relevant betting event.
(4)
For the purposes of this section, 'net turnover' means the amount paid by
persons who make bets; to the permit holder less any
amount payable to any
person by way of refund on account of non-operative bets due to abandonment or
postponement of any prescribed
betting event or scratching or withdrawal of any
runners or participant on which a bet has been
made
BETTING
WITH PERSONS UNDER 18 TO BE AN
OFFENCE
34. If any person
-
(a) has any betting transaction with a person under the age of 18 years;
(b) employs a person under the age of 18 years in the effecting of any betting transaction, or in an approved premises; or
(c) receives or negotiates any bet through a person under the age of 18 years,
and
knows or ought to know that such person is under the age of 18 years, he is
guilty of an offence and shall be liable on conviction
for a first fence to a
fine not exceeding VT200,000 or to imprisonment for a term not exceeding 3
months, and for a second offence
to a fine not exceeding VT1,000,000 or to
imprisonment for a term not exceeding 6 months and for any subsequent offence to
a term
not exceeding 12
years.
BETTING
BY PERSONS UNDER 18 TO BE AN
OFFENCE
35. (1) Any person under
the age of 18 years who makes a bet with a bookmaker shall be guilty of an
offence and shall be liable on
conviction to a fine not exceeding VT100,000 for
a first offence and to a fine not exceeding VT500,000 for each subsequent
offence.
(2) A clearly printed
copy of subsection (1) of this section shall be affixed over every door or
opening in every approved premises
at which money is paid or received in respect
of betting with a bookmaker and any holder of a bookmaker's permit who permits
betting
without having a copy of subsection (1) of this section affixed as
aforesaid shall be guilty of an offence and shall be liable on
conviction to a
fine not exceeding
VT500,000.
AGENT
OF BOOKMAKER TO BE AUTHORIZED
36.
No person, other than a person who holds a bookmaker's permit, shall by way of
business receive or negotiate bets as an employee
or agent to another bookmaker
unless,-
(a) he has attained the age of 21 years; and
(b) he is authorized in that behalf in writing by that other bookmaker; and
(c) in the case of a person acting as employee or agent to another bookmaker that other bookmaker is the holder of a bookmaker's permit.
(2)
If any bet is received or negotiated by any person as employee or agent to
another bookmaker in contravention of subsection (1),
both that person and that
other bookmaker shall be guilty of an offence and shall be liable on conviction
to a fine not exceeding
VT500,000 or to a term of imprisonment not exceeding 2
years.
(3) Every bookmaker shall
keep a register in the prescribed form showing every person who is for the time
being authorized for the
purposes of subsection (1) by that bookmaker, and shall
not grant any such authorization without making the appropriate entry in
the
register.
(4) If any person who
holds any authority in writing issued; for the purposes of subsection (1) or who
is required by subsection (3)
to keep a register, on being required by an
authorized officer to produce that authority or register for examination,
refuses or
without reasonable cause fails so to do, he shall be guilty of an
offence and shall be liable on conviction to a fine not exceeding
VT500,000 or
to a term of imprisonment not exceeding 2
years.
(5) Any person who
contravenes or fails to comply with subsection (3) is guilty of an offence and
shall be liable on conviction to
a fine not exceeding VT500,000 or to a term of
imprisonment not exceeding 2
years.
CANCELLATION
OF PERMIT ON CONVICTION
37. (1)
The Minister may suspend or cancel the permit issued under this Part, if the
bookmaker:
(a) is convicted of an offence under this Act or any regulation made thereunder;
(b) fails to comply with any terms and conditions of the permit;
(c) is convicted of a cognizable offence.
(2)
Notwithstanding any other provisions of this Act, the Minister may when he is
satisfied that it is in the public interest to do
so -
(a) suspend the permit for such period as the Minister thinks fit; or
(b) cancel the permit.
BETS
TO BE MADE IN ACCORDANCE WITH THE
ACT
38. (1) No bet shall be
accepted by a holder of a bookmaker's permit or any of his employees or agent
unless it is made-
(a) in accordance with this Act and the approved runes of that permit holder; and
(b) at the approved premises, in which the betting transactions are permitted to be carried out.
(2)
Any person who contravenes or fails to comply with subsection (1) shall be
guilty of an offence and shall be liable on conviction
to a fine not exceeding
VT500,000, or to a term of imprisonment not exceeding 2 years or to both such
fine and term of
imprisonment.
OFFENCES
RELATED TO BETTING BY CERTAIN
PERSONS
39. Any person who
-
(a) having the management or control of the approved premises authorizes or permits or suffers such premises to be constituted or used, or any act or thing to be done or omitted to be done or in relation to such premises in contravention of or in failure of compliance with this Act or regulation;
(b) not being a permit holder or lawfully managing or controlling or being employed in any approved premises of a permit holder receives or negotiates bets;
(c) makes a bet with any person not authorized to act as a bookmaker,
shall
be guilty of an offence and shall be liable, on conviction to a fine not
exceeding VT500,000 or to imprisonment for a term not
exceeding 2 years or to
both such fine and term of imprisonment.
PART
4
MISCELLANEOUS AND
GENERAL
BANK
ACCOUNTS
40. (1) The holder of a
licence or permit shall open and maintain separate bank accounts as approved by
the Minister, at a bank or
banks in Vanuatu for use for all banking transactions
arising in relation to his licence or permit as the case may
be.
(2) Every holder of a licence
or permit who contravenes or fails to comply with subsection (1) is guilty of an
offence and shall be
liable on conviction to a fine not exceeding
VT1,000,000.
ACCESS
TO BANKING RECORDS
41. (1) The
Minister may, by written notice to a bank referred to in section 40 require the
bank to give an inspector authorized by
him and specified in that notice, on the
day during the hours specified in the notice, access to a statement of an
account referred
to in that section and such other particulars relating to the
account as are specified in that
notice.
(2) The Minister may, by
written notice to a bank refer red to in section 40 require the bank, within 30
days after receiving that
notice to give an inspector specified in that notice,
a copy of a statement of an account referred to in that
section.
(3) The hours specified
in a notice to a bank under subsection (1) shall be the normal business hours of
the bank.
(4) Where pursuant to
subsection (1.) an inspector may inspect a statement of an account, the
inspector may also make a copy of or
take extracts from the
statement.
(5) Any bank who,
without reasonable excuse, refuses or, fails to comply with a requirement made
under subsection (1) or (2) is guilty
of an offence and shall be liable on
conviction to a fine not exceeding
VT1,000;000.
ACCOUNTING
RECORDS
42. (1) The holder of a
licence or permit shall keep such accounting records as correctly record and
explain the transactions and
financial position of the operations of such
licence holder or permit holder as the case may
be.
(2) The accounting records
shall be kept in such prescribed form and in such manner as will enable true and
fair financial statements
and accounts to be prepared from time to time and the
financial statements and accounts to be conveniently and properly
audited.
(3) The holder of a
licence or a permit shall
as soon as practicable, after the end of
each financial year, prepare financial statements and accounts,
including:-
(a) trading accounts, where applicable, for the financial year; and
(b) profit and loss accounts for the financial year; and
(c) a balance sheet as at the end of the financial year that gives a true and fair view of the financial operations of the licence holder or permit holder as the cases may be;
(4)
Any holder of a licence or a permit who contravenes or fails to comply with
subsections (1), (2) or (3) is guilty of an offence
and shall be liable on
conviction to a fine not exceeding
VT500,000.
BOOKS
AND DOCUMENTS TO BE KEPT ON THE APPROVED
PREMISES
43. (1) The holder of a
licence or permit shall ensure that all documents relating to the operations of
his licence or permit, as
the case may be, are-
(a) kept at the approved premises of such licence holder or permit holder, as the case may be; and
(b) retained for not less than 7 years after the completion of the transactions to which they relate.
(2)
Every licence holder or permit holder who contravenes or fails to comply with
subsection (1) is guilty of an offence and shall
be liable on conviction to a
fine not exceeding
VT1,000,000.
AUDIT
44.
(1) The holder of a licence or permit shall as soon as practicable after the end
of each financial year, cause the books, accounts
and financial statements of
such licence holder or permit holder to be audited by the Auditor General or a
person approved by the
Minister.
(2) The Auditor General
or person so approved, as the case may be, shall audit the books, accounts and
financial statements referred
to in subsection (i) and for that purpose make
such enquires as to him shall seem proper and
necessary.
(3) The holder of the
licence or permit shall cause a report of the audit carried out pursuant to
subsection (2) to be lodged with
the Minister as soon as practicable after the
end of the financial year to which the report
relates.
(4) If the Minister so
directs the cost of examination of audit carried out pursuant to subsection (2)
or any part thereof specified
in the direction shall be recoverable as a debt
due to the Government from the licence holder or permit holder, as the case may
be.
OFFENCE TO
DISCLOSE INFORMATION
45. (1) A
person who is or has at any time been a manager, director, secretary, officer,
employee, agent, adviser or consultant of
a licence holder or permit holder
shall not, except in the performance of duties or the exercise of functions
under this Act, either
directly or indirectly make a record of or disclose to
any person any information in respect of the betting activities of any
individual
or the affairs of any licence holder or permit holder obtained in the
course of those duties of functions, or make use of any such
information for any
purpose other than performance of those duties or the exercise of those
functions.
(2) Any person who
contravenes or fails to comply, with the provisions of subsection (1) is guilty
of an offence and shall be liable
on conviction to a fine not exceeding
VT500,000 or to imprisonment for a term not exceeding 2 years or to both such
fine and imprisonment.
(3)
Subsection (1) does not preclude a person from producing a document or
disclosing information to-
(a) a court in the course of criminal proceedings or any proceedings under this Act; or
(b) the Minister; or
(c) an inspector; or
(d) a member of the police force who produces a warrant duly executed.
(4)
Subsection (1) does not preclude a person from producing a document, or
disclosing information which relates to the personal affairs
of another person
if that other person consents in
writing.
OFFENCES
BY BODY CORPORATE
46. A body
corporate contravenes any provision of this Act, each person who is a director
of the body corporate or who is concerned
in the management of the body
corporate is to be taken to have contravened the same provision if the person
knowingly authorized
or permitted the contravention or
failure.
(2) A person may be
proceeded against and convicted under a provision, in accordance with subsection
(1) whether or not the body corporate
has been proceeded against or convicted
under that provision.
(3) Nothing
in this section affects any liability imposed on a body corporate for an offence
committed by the body corporate against
this
Act.
COMPLIANCE
WITH REQUIREMENT OF AN
INSPECTOR
47. Any person who,
without reasonable excuse, refuses or fails to comply with a requirement made of
that person or directions given
to that person by an inspector in the exercise
of that inspector's powers or the performance of the inspector's functions under
this
Act is guilty of an offence and shall be liable on conviction to a fine not
exceeding VT500,000 or to imprisonment for a term not
exceeding 2 years or to
both such fine and term of
imprisonment.
FALSE
INFORMATION
48. (1) Any person
who, in relation to any matter arising under this Act, knowingly or
recklessly:
(a) furnishes information that is false or misleading in a material particular; or
(b) makes a material omission from information furnished in purported compliance with a requirement under this Act,
is
guilty of an offence and shall be liable on conviction to a fine not exceeding
VT500,000 or to imprisonment for a term not exceeding
2 years or to both such
fine and term of imprisonment.
(2)
It is a defence to a prosecution of a person for an offence under subsection (1)
if it is proved that at the time the information
was given, the. person
believed,; on reasonable grounds -
(a) in the case of false information, that the information was true; or
(b) in the case of misleading information, that the information was not misleading.
FALSE
REPRESENTATION
49. Any person who
-
(a) impersonates the holder of a licence or permit or of a form of identification used for the purposes of this Act; or
(b) falsely represents himself or herself to be an inspector or other authorized person,
is
guilty of an offence and shall be liable on conviction to a fine not exceeding
VT1,000,000 or to imprisonment for a term not exceeding
5 years or to both such
fine and term of
imprisonment:
FAILURE
TO PROVIDE INFORMATION
50. Any
person who, without reasonable excuse, fails to furnish information or a
document that the person is required under this Act to furnish, is
guilty of an offence and shall be liable on conviction to a fine not exceeding
VT1,000,000.
INDUCEMENTS,
CHEATING AND DISHONEST
PRACTICES
51. (1) A person shall
not dishonestly-
(a) by any scheme or practice; or
(b) by the use or operation of totalizator or totalizator betting facility; or
(c) by the use of an instrument or article of a type used in connection with betting operation, or appearing to be of a type used in connection with betting operation, or of any other thing,
in
relation to betting operation or the conduct of betting induce-
(d) a licence holder or a permit holder under this Act; or
(e) a person acting on behalf of that licence holder or permit holder;
to
deliver, give or credit to the person or another person, any money, ticket,
token, benefit, advantage; valuable consideration or
security.
(2) A holder of a
licence or permit dishonestly-
(a) by any scheme or practice; or
(b) by the use or operation of totalizator or totalizator betting facility; or
(c) by the use of an instrument or article of a type used in connection with betting or appearing to be of a type ,used in connection with betting, or of any other thing,
in
relation to betting or the conduct of betting, induce a person to deliver, give
or credit to the licence holder or permit holder
or another person tickets or
token, any money, benefit, advantage, valuable consideration or
security.
(3) A person shall not
dishonestly cause totalizator or totalizator betting facility to deliver, give
or to the person or another
person any ticket, token, benefit, advantage,
valuable consideration or
security.
(4) A person shall not,
for the purpose of cheating or stealing in relation to betting or the conduct of
betting, use or be in possession
of-
(a) any ticket or token that the person knows are bogus or counterfeit; or
(b) anything that permits or facilitates cheating or stealing.
(5)
Any person who contravenes or fails to comply with subsection(1) is guilty of an
offence e and on conviction shall be liable to
a fine not exceeding VT1,000,000
or to imprisonment for a term not exceeding 5 years or to both such fine and
term of
imprisonment.
GENERAL
ADMINISTRATION AND COLLECTION OF FEES
ETC.
52. The Collector of Rates
and Taxes shall be responsible for the collection of fees and commission under
this Act and shall:
(a) be in charge of the general administration of this Act;
(b) have power to do all things necessary or convenient to be done for or in connection with the performance of his functions; and
(c) have and may exercise any of the powers of an inspector.
APPOINTMENT
OF INSPECTORS
53. (1) The Minister
may appoint inspectors for effective administration of the
Act.
(2) An inspector appointed
under subsection (1) shall perform such functions and duties as are required by
this
Act.
DELEGATION
OF POWERS BY THE COLLECTOR
54. (1)
The Collector may, by writing delegate to any inspector any of his powers or
functions under this Act, and such officer shall
exercise or perform such power
or function so delegated.
(2) A
delegation this section does not prevent or prejudice the exercise or
performance of a power or function by the
Collector.
RIGHTS
OF INSPECTOR IN CERTAIN
PREMISES
55. (1) An inspector or a
member of the police force may at any` time enter and remain on the approved
premises of the holder of a
licence or permit for the purposes of doing any one
or more of the following-
(a) observing any of the betting operations on such premises;
(b) inspecting any instrument or contrivance used for the conduct, of totalizator betting or bookmaking;
(c) ascertaining whether the operation of any such premises is being properly conducted, supervised and managed;
(d) ascertaining whether the provisions of this Act and the regulations are being complied with;
(e) in any other respect, exercising his functions under this Act.
FUNCTIONS
OF INSPECTORS
56. (1) The
functions of inspectors under this Act are as follows:-
(a) to supervise betting operations on approved premises and to inspect the machines and totalizator betting facilities used and records kept in such premises, for the purpose of ascertaining whether or not the licence holder or permit holder as the case may be, is complying with the provisions of this Act, the conditions of the relevant licence or permit;
(b) to receive and investigate complaints from persons relating to the conduct of betting operations at approved premises;
(c) to assist in any other manner, where necessary, in the detection of offences committed against this Act;
(d) to report to the Minister as required;
(e) such other functions as are conferred upon inspectors under this Act, or regulations made thereunder.
(2)
Inspectors shall not participate in betting while on duty other than as requited
in the course of their
employment.
(3) Any person who
contravenes or fails to comply with subsection (2) is guilty of an offence and
shall be liable on conviction to
a fine not exceeding
VT200,000.
POWERS
OF INSPECTORS
57. (1) An inspector
may do any one or more of the following -
(a) require any person in possession of, or having control of, any betting equipment, machine, instrument connected with betting operations or records to produce the equipment or records for inspection and to answer questions or provide information relating to the equipment or records;
(b) inspect any betting equipment or records and take copies of extracts from, or notes relating to, any records;
(c) if the inspector considers it necessary to do so for the purpose of obtaining evidence of the commission of an offence, seize any equipment or records;
(d) by notice in writing require -
(i) the licence holder or permit holder as the case may be;
(ii) any employee; or
(iii) any other person associated with betting operations or their management in approved premises the inspector is authorized to enter,
(iv) to attend before the inspector at a specified time or place and answer questions, or provide information; with respect to betting operations on the approved premises;
(e) examine and test any equipment connected with the betting operation in such premises and order the person in charge of the premises to withdraw unsatisfactory equipment from use on the premises;
(f) call to his aid a member of the police force if he is obstructed, or believes on reasonable grounds that he will be obstructed, in the exercise of his functions;
(g) any other thing authorized under this Act to be done by an inspector.
(2)
If an inspector seizes equipment or records under this section, they may be
retained by the inspector until the completion of
any proceedings, including
proceedings on appeal, in which they may be evidence but only if, in the case of
records, the person from
whom the records were seized is provided within a
reasonable time after the seizure, with a copy of the records certified by the
inspector as a true copy.
(3)
Subsection (2) ceases to have effect in relation to things seized if, on the
application of a person aggrieved by the seizure,
the court in which proceedings
referred to in that subsection are instituted so
orders.
(4) A copy of records
provided under subsection (2) is, as evidence, of equal validity to the records
of which it is ..............
[illegible]
(5)
A person is not required by this section to answer a question that might
incriminate the person.
(6) A
member of the police force has the functions of an inspector under this
Act.
SEARCH
WARRANTS
58. (1) An inspector,
with the consent of the Minister, or a member of the police force, may apply to
a magistrate for the issue of
a search warrant if the inspector or member
believes on reasonable grounds -
(a) that there are on any approved premises machines, instruments or equipment related to betting operations or records -
(i) in relation to which an offence has beer., being, or is likely to be, committed; or
(ii) that those articles may be evidence of an offence;
(b) that there is or has been a contravention of this Act or the regulations on any premises other than the approved premises of a licence holder or a permit holder.
(2)
A magistrate to whom such an application is made, if satisfied by evidence on
oath or by affidavit that there are reasonable grounds
for doing se, may issue a
search warrant in the prescribed form authorizing an inspector or member of the
police force named in the
warrant and any assistant to enter the premises, or
part of premises, specified in the warrant, for the purpose of searching for
and
seizing any equipment, machine, instrument related to the betting operation or
records referred to in subsection
(1).
OFFENCES
RELATING TO OBSTRUCTION OF
INSPECTORS
59. (1) A person shall
not -
(a) assault, obstruct, hinder, threaten, abuse, insult or intimidate an inspector or a member of the police force when the inspector or such member is exercising or attempting to exercise his functions under this Act;
(b) fail to produce for inspection any instrument, machine or equipment, related to the betting operation or records in the possession or under the control of the person when required so to do by an inspector or member of the police force in the exercise of his functions under this Act; or
(c) fail without reasonable excuse to attend before an inspector or member of the police force and answer questions or supply information when required so to do by the inspector or member of the police force in the exercise of his functions under this Act; or
(d) except with the permission of an inspector or member of the police force, take any machine, equipment related to the betting operation or records seized, impounded or retained under the authority of this Act; or
(e) when directed by an inspector or member of the police force, in the exercise of his functions under this Act, to cease to have available for use, any instrument, machine or equipment related to the betting operation considered by the inspector or such member of the police force to be unsatisfactory for use, failed to comply with the direction; or
(f) prevent, directly or indirectly, a person from attending before an inspector or member of the police force, producing to an inspector or such member of the police force any instrument, equipment or machine related to the betting operation or records or answering any question of, or supplying any information to a an inspector or member of the police force when that person is required to do so under this Act.
(2)
Any person who contravenes subsection (1) is guilty of an offence and shall be
liable on conviction to a fine not exceeding VT500,000
or to imprisonment for a
term not exceeding 2 years.
(3) If
any inspector or a member of the police force requires a person at the approved
premises of a licence holder or a permit holder,
as the case may be, to state
his full name and residential address the person must not -
(a) fail to comply with the requirement; or
(b) in purported compliance with the requirement, state a name or address that is false.
(4)
Any person who contravenes or fails to comply with subsection (3) is guilty of
an offence and shall be liable on conviction to
a fine not exceeding
VT100,000.
(5) An inspector or a
member of the police force is not authorized to require a person at the premises
referred to in subsection (3)
to state his full name or residential address
unless the inspector or such member of the police force -
(a) suspects on reasonable grounds that the person has committed an offence; or
(b) has informed the person, at the time of stating the requirement, that it is an offence to fail to comply with the requirement.
COMMISSION
OR FEE IN DEFAULT OR PENALTY TO BE A
DEBT
60. The commission or fee in
default, or the daily penalty in respect of such commission or fee, or any part
thereof shall be a debt
due to the Government which shall notwithstanding any
thing contained in any other Act be paid in
priority.
REGULATIONS
61.
(1) The Minister may make regulations for the purpose of carrying out or giving
effect to the principles and provisions of this
Act.
(2) In particular and without
prejudice to the generality of the powers conferred by subsection (1), the
Minister may make regulations
for or in respect of all or any of the following
matters -
(a) all matters stated or required by this Act to be prescribed;
(b) the form of any order or notice, issued or made under this Act;
(c) the minimum standards for approved premises;
(d) specifications of equipment, instrument or machine required or used under this Act;
(e) fees for the purpose of this Act;
(f) days on which any betting operation shall be prohibited;
(g) regulation and management of totalizators;
(h) technical standards to which licences and permits must conform;
(i) any matters relevant the proper conduct totalizator betting;
(j) any matters relevant to the proper conduct bookmaking.
COMMENCEMENT
62.
This Act shall come into force on the date of its publication in the
Gazette.
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