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Lotteries And Betting - Totalizator Control (Ss 9-18)

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9.       Delegation

 

            The Permanent Secretary to the Minister for the time being responsible for Home Affairs may by directions in writing delegate to any public officer the exercise of any power or performance of any duty vested in him under this Part.

 

10.     Use of unlicensed totalizator an offence

 

            (1) No person shall use or permit the use of a totalizator in respect of which a licence has not been granted in terms of this Part.

            (2) Any person who contravenes the provisions of this section shall be guilty of an offence.

 

11.     Lottery conducted on totalizator not unlawful

 

            A lottery conducted on a totalizator licensed in accordance with section 12 shall be deemed to be a lottery authorized by law.

 

12.     Licensing of totalizator

 

            (1) The Permanent Secretary may, upon written application and payment of the prescribed fee, issue a licence in the prescribed form to a race-club to use a totalizator.

            (2) A separate licence shall be required in respect of each race-course and each day on which a race meeting is held.

            (3) No licence shall be issued in respect of a Sunday, Christmas Day or Good Friday.

            (4)        The Permanent Secretary may cancel any licence granted under this section if default is made in complying with any provision of this Part.

 

13.     Totalizator transactions to be recorded

 

            Every transaction effected by means of a totalizator shall be recorded in a manner approved by the Permanent Secretary and so that, as far as may be practicable, the recording shall be in the uninterrupted view of the public.

 

14.     Persons under 18 years may not use totalizator

 

            Any person in charge of or having control of a totalizator,or any assistant of such person, who issues a ticket to any person upon credit, or who accepts any money from or issues a ticket orpays any dividend or money to, a person apparently under the age of 18 years shall be guilty of an offence.

 

15.     Limiting commission and prescribing tax

 

            Where any totalizator is used under this Part-

     (a)     the totalizator commission deducted by the licence holder shall not exceed 15 per cent of the gross takings of each licensed totalizator;

     (b)     there shall be payable by the licence holder to the Government at the end of each day on which the totalizator is used a tax calculated, on the gross takings of each licensed totalizator for that day, at the rate of two and a half per cent.

 

16.     Act does not validate betting transactions

 

            Nothing in this Part shall be deemed to give any betting transaction any authoritative or legal effect not otherwise attached thereto or to affect the common law in that regard.

 

17.     Police powers of entry and inspection

 

            (1) Any police officer of or above the rank of Sub-Inspector-

     (a)     if he has reasonable grounds for suspecting that an offence against this Part is taking place or has taken place may without warrant at any time enter upon any race course or other place whatever and conduct a search thereon, and seize any articles thereon which will secure evidence of the commission of such offence; and

     (b)     may enter at any time any race course for the purpose of general police supervision, and may eject any drunken, noisy or disorderly person found on such premises.

            (2) Any person who resists, hinders or obstructs any police officer in the exercise of his powers under this section shall be guilty of an offence.

 

18.     Penalties

 

            Any person convicted of an offence under this Part shall be liable upon first conviction to be sentenced to a fine not exceeding P50 or, in default of payment, to imprisonment for a term not exceeding three months, and for a second or subsequent conviction thereof to imprisonment for a term not exceeding three months or to a fine not exceeding P50, or to both.