POOL BETTING ACT 1967

Pool Betting LAWS OF MALAYSIA REPRINT Act 384 POOL BETTING ACT 1967 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 1 2 POOL BETTING ACT 1967 First enacted … ... ... ... … … … 1967 (Act No. 72 of 1967) Revised 1989 (Act 384 w.e.f. 21 September 1989) … … … … … … … PREVIOUS REPRINT First Reprint ... ... ... ... ... 2001 3 LAWS OF MALAYSIA Act 384 POOL BETTING ACT 1967 ARRANGEMENT OF SECTIONS Section 1. Short title and application 2. Interpretation 3. Presumption of pool betting 4. Pool betting duty 5. Licence 6. Establishment of the Board 7. Members of the Board 8. Chairman of the Board 9. Procedure, etc., of the Board 10. Officers, agents, etc., of the Board 11. Contracts of the Board 12. Borrowing powers of the Board 13. Audit 14. Rules of the Board 15. Report of the Board 16. Schemes 17. Calculation of dividend 18. Advertisements 19. Distribution of funds of the Board 20. Authority for pool betting investments, etc. 21. Offences 22. Offences relating to investments 23. Arrest without warrant 4 Laws of Malaysia Section 24. Powers of entry, examination of books, etc. 25. Management of pool betting 26. Restriction on prosecution 27. Application to licensee of provisions of the Act 28. Regulations 29. Unclaimed winning to be credited to revenue 30. Exemption 31. Adoption 32. Saving ACT 384 Pool Betting 5 LAWS OF MALAYSIA Act 384 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 matters incidental thereto. [1 November 1967] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: Short title and application 1. (1) This Act may be cited as the Pool Betting Act 1967. (2) This Act shall apply throughout Malaysia. Interpretation 2. In this Act, unless the context otherwise requires— “agency” includes subagency; “agent” means an agent licensed under an approved scheme and includes a subagent so licensed; “approved scheme” means a scheme for the operation, promotion or management of totalisator for pool betting or of pool betting as such, the collection of pool betting and the establishment of pool betting agencies for the time being approved by the Minister pursuant to section 16; “Board” means the Board established under section 6; 6 Laws of Malaysia ACT 384 “licensee” means the person issued with a licence under section 5; “Minister” means the Minister of Finance; “pool betting” means a bet made by means of a totalisator situated in or outside Malaysia in respect of any prescribed event; “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; “totalisator” means the contrivance for betting known as the totalisator or parimutuel, 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; or (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. In this subsection— (a) the expression “starting prices” in relation to any event means 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, the odds made by means of a totalisator at the scene of the matches or events as the case may be. (3) Where payments are made for the chance of winning any money or moneys 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) There 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 a duty to be known as the pool betting duty. (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. (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, and this subsection 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 8 Laws of Malaysia ACT 384 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 only 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 from time to time or during the currency of the licence; (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. 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 and, subject to and for the purposes of this Act, may enter into contracts and acquire, Pool Betting 9 purchase, take, hold and enjoy movable and immovable property of every description and may convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of or deal with any movable or immovable property or any interest therein vested in the Board upon such terms as the Board may think fit. 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. (4) If any member of the Board— (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 profits under the Board or is directly or indirectly concerned in any contract with the Board or participates in or drives 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; his seat shall thereupon become vacant, and every such vacancy shall be deemed to be an extraordinary vacancy. 10 Laws of Malaysia ACT 384 (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 thereof, 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. (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 Chairman shall be filled by the appointment of a member of the Board. (4) A person ceasing to be Chairman of the Board shall be eligible for reappointment as Chairman. (5) At any meeting of the Board— (a) held during any vacancy in the office of 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 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 thereto 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; and each present shall be entitled to cast one vote, and in the event of an equality of votes the member presiding shall have a second or casting vote. Pool Betting 11 (3) Except as provided in this Act, the Board may regulate its proceedings in such manner as it thinks fit. (4) Members of the Board shall not be entitled to any remuneration but may be paid by the Board allowances in respect of such matters and at such rates as may from time to time be fixed by the Board with the approval of the Minister. (5) The Board may invite a