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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Repealed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.
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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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URL: http://www.paclii.org/vu/legis/num_act/ba1993181