POOL BETTING ACT 1967 (REVISED 2018)

Pool Betting LAWS OF MALAYSIA Act 809 POOL BETTING ACT 1967 (Revised—2018) REVISED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2018 1 2 Act 809 Laws of Malaysia POOL BETTING ACT 1967 Revised up to … … … 1 November 2018 … … 12 November 2018 Date appointed for coming into operation of this revised edition pursuant to paragraph 6(1)(xxiii) of the Revision of Laws Act 1968 [Act 1] … … 12 November 2018 Date of publication in the Gazette of this revised edition … First enacted in 1967 as Act of Parliament No. 72 of 1967 PREVIOUS Revision First Revision … … … 1989 (Act 384 w.e.f. 21 September 1989) Pool Betting LAWS OF MALAYSIA Act 809 POOL BETTING ACT 1967 ARRANGEMENT OF SECTIONS Section 1. Short title and application 3. Presumption of pool betting 2. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. Interpretation Pool betting duty Licence Establishment of the Board Members of the Board Chairman of the Board Procedure, etc., of the Board Officers, agents, etc., of the Board Contracts of the Board Power to borrow Audit Rules of the Board Report of the Board Schemes Calculation of dividend Advertisements Distribution of funds of the Board Authority for pool betting investments, etc. Offences Offences relating to investments Arrest without warrant 3 4 Laws of Malaysia Section 24. Powers of entry, examination of books, etc. 26. Prosecution 25. 27. 28. 29. 30. 31. 32. Management of pool betting Application of the Act to licensee Regulations Unclaimed winnings to be credited to revenue Exemption Application of Betting and Sweepstake Duties Act 1948 Saving Act 809 5 Pool Betting LAWS OF MALAYSIA Act 809 POOL BETTING ACT 1967 An Act to provide for the issue of a licence or the establishment of a Board for the operation or promotion of pool betting and for incidental matters. [1 November 1967] Short title and application 1. (1) This Act may be cited as the Pool Betting Act 1967. (2) This Act applies throughout Malaysia. Interpretation 2. In this Act, unless the context otherwise requires— “agency” includes sub-agency; “agent” means an agent licensed under an approved scheme and includes a sub-agent so licensed; “Board” means the Board established under section 6; “Minister” means the Minister charged with the responsibility for finance; “licensee” means the person issued with a licence under section 5; “pool betting” means a bet made by means of a totalisator situated in or outside Malaysia in respect of any prescribed event; 6 Laws of Malaysia Act 809 “prescribed event” means football matches or a series of such matches held in or outside Malaysia and any other event in respect of which it is prescribed under this Act that totalisator investments may be received; “approved scheme” means a scheme for the operation, promotion or management of a totalisator for pool betting or of pool betting as such, the collection of pool betting and the establishment of pool betting agencies approved by the Minister pursuant to section 16; “totalisator” means the contrivance for betting known as the totalisator or pari-mutuel, or any other machine or instrument of betting of a like nature, whether mechanically operated or not. Presumption of pool betting 3. (1) For the purposes of this Act, any bet shall be deemed to be made by way of pool betting unless it is a bet at fixed odds and in particular bets shall be held to be made by way of pool betting wherever a number of persons make bets— (a) on terms that the winnings of such of those persons as are winners shall be, or be a share of, or be determined by a reference to, the stake money paid or agreed to be paid by those persons, whether the bets are made by means of a totalisator or by filling up and returning coupons or other printed or written forms, or otherwise howsoever; (b) on terms that the winnings of such of those persons as are winners shall be, or shall include, an amount (not determined by reference to the stake money paid or agreed to be paid by those persons) which is divisible in any proportion among such of those persons as are winners; or (c) on the basis that the winners or their winnings shall, to any extent, be at the discretion of the licensee or the Board by his or its own operation or promotion of pool betting, or by his or its operation or promotion with an operator or promoter outside Malaysia as may be authorized in accordance with this Act. Pool Betting 7 (2) A bet is a bet at fixed odds within the meaning of this section only if each of the persons making it knows or can know at the time he makes it, the amount he will win, except in so far as that amount is to depend on the result of the event or events betted on, or on any event taking place or producing a result or on the numbers taking part in any such event or on the starting prices or totalisator odds for any such event or there being totalisator odds on any such event or on the time when his bet is received by any person with or through whom it is made. (3) For the purpose of subsection (2)— (a) the expression “starting prices”, in relation to any event, refers to the odds ruling at the scene of the event immediately before the start; and (b) the expression “totalisator odds”, in relation to football matches or such other prescribed events, refers to the odds made by means of a totalisator at the scene of the matches or events, as the case may be. (4) Where payments are made for the chance of winning any money or money’s worth on terms under which payers have a power of selection which may directly or indirectly determine the winner, then, for the purposes of this Act those payments shall be treated as debts notwithstanding that the power is not exercised. Pool betting duty 4. (1) A duty to be known as the pool betting duty shall be charged on every bet made by way of pool betting being a bet wherever made to the licensee or the Board in respect of pool betting. (2) The pool betting duty shall be such amount as may be prescribed by the Minister. (3) The pool betting duty shall be paid in the case of bets received by the licensee, the Board or agents. 8 Laws of Malaysia Act 809 (4) For the purpose of the pool betting duty, any payment which entitles a person to make a bet by way of pool betting shall, if he makes the bet, be treated as stake money on the bet. (5) Subsection (4) shall apply to any payment entitling a person to take part in a transaction which is, on his part only, not a bet made by way of pool betting by reason of his not in fact making any stake as if the transaction were such a bet, and the transaction shall accordingly be treated as a bet for the purpose of the pool betting duty. Licence 5. (1) Unless there is established a Board under section 6, the Minister may issue a licence to a person for the collection, operation or promotion of pool betting. (2) The Minister may refuse to issue or renew a licence to any person without assigning any reason and his decision shall be final. (3) A licence issued under subsection (1)— (a) shall be in such form as the Minister may think fit; (b) shall be subject to the payment of such fee for its issue or renewal as may be prescribed; (c) shall be valid for one calendar year and may be renewed from year to year from the date of expiration of the licence; (d) shall be subject to such conditions or restrictions as the Minister may impose during the currency of the licence; and (e) may be revoked by the Minister during the currency of the licence without assigning any reason. (4) After such date as the Yang di-Pertuan Agong may direct, the Minister shall not issue or renew any licence under this section. Pool Betting 9 Establishment of the Board 6. (1) For the purposes of operating, promoting or managing pool betting and for the other purposes of this Act, the Yang di-Pertuan Agong may establish a Board by such name as may be prescribed. (2) The Board shall have perpetual succession and a common seal, and may sue and be sued in its name. (3) Subject to and for the purposes of this Act, the Board may, upon such terms as the Board thinks fit— (a) enter into contracts; and (b) in respect of movable and immovable property of every description— (i) acquire, purchase and take such property; and (ii) hold, enjoy, convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of or deal with such property or any interest in the property vested in the Board. Members of the Board 7. (1) The Board shall consist of not more than ten members whom the Minister may appoint by name or office. (2) The members of the Board shall, subject to this Act, be appointed to hold office for such term not exceeding three years as the Minister may determine upon making the appointment, provided that the Minister may determine the office of any members without assigning any reason. (3) A member of the Board shall be eligible for reappointment. 10 Laws of Malaysia Act 809 (4) The seat of a member of the Board shall be vacated and the vacancy shall be deemed to be an extraordinary vacancy if he— (a) is absent without the permission of the Board from four consecutive meetings of the Board; (b) becomes bankrupt or compounds with his creditors; (c) is convicted of any offence by a court of law in Malaysia and sentenced to imprisonment for a term of not less than one year, and has not received a free pardon; (d) becomes insane; (e) accepts or holds any office of profit under the Board or is directly or indirectly concerned in any contract with the Board or participates in or derives or is entitled to any benefit either directly or indirectly from any work done or to be done for or goods supplied to or to be supplied to the Board; (f) resigns; or (g) dies. (5) On the occurrence of any vacancy in the office of a member of the Board, a person shall be appointed pursuant to this Act to fill the vacancy and any person appointed to fill an extraordinary vacancy shall, subject to this Act, hold office for the remainder of the term of office of the person in whose place he is appointed. (6) The Minister may appoint such public officers as are necessary to take part in the proceedings of the Board and any committee of the Board, but such officers shall have no votes in any such proceedings. Chairman of the Board 8. (1) The Chairman of the Board shall be appointed by the Minister from amongst members of the Board. Pool Betting 11 (2) The Chairman shall vacate his office if he ceases to be a member of the Board. (3) Any vacancy occurring in the office of the Chairman shall be filled by the appointment of a member of the Board. (4) A person ceasing to be the Chairman of the Board shall be eligible for reappointment. (5) At any meeting of the Board— (a) held during any vacancy in the office of the Chairman; or (b) at which the Chairman is not present, a member elected for that purpose from amongst members present at the meeting shall act as the Chairman of the meeting and may exercise the powers conferred on the Chairman. Procedure, etc., of the Board 9. (1) The quorum of the Board shall be a majority of members appointed to the Board but subject to the quorum the Board may act notwithstanding any vacancy in its number. (2) All questions at the meeting of the Board shall be determined by a majority of the members personally present and voting. (3) Each member present at the meeting is entitled to cast one vote. (4) In the event of an equality of votes, the member presiding at the meeting shall have a second or casting vote. (5) Except as provided in this Act, the Board may regulate its own procedure. (6) The members of the Board shall not be entitled to any remuneration but allowances may be paid by the Board in respect of such matters and at such rates as may be fixed by the Board with the approval of the Minister. 12 Laws of Malaysia Act 809