Betting Levy Board

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Betting Levy Board
L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Act
35 of 1989

Amended by
5 of 1995

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–8 ..

BETTING LEVY BOARD ACT

CHAPTER 21:53

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LAWS OF TRINIDAD AND TOBAGO

2 Chap. 21:53 Betting Levy Board

Note on Subsidiary Legislation

This Chapter contains no subsidiary legislation.

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L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Betting Levy Board Chap. 21:53 3

CHAPTER 21:53

BETTING LEVY BOARD ACT

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.

2. Interpretation.

3. Establishment and incorporation of Board.

4. Constitution of Board.

5. Meetings.

6. Custody and use of seal.

7. Function.

8. Taxes, duties, fees.

9. Collection of taxes, duties, fees, etc.

10. General powers.

11. Financial year and Annual Report.

12. Application of funds.

13. Accounts and audit.

14. Regulations.

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LAWS OF TRINIDAD AND TOBAGO

4 Chap. 21:53 Betting Levy Board

CHAPTER 21:53

BETTING LEVY BOARD ACT

An Act for the establishment and incorporation of a Betting
Levy Board and for matters incidental thereto.

[15TH NOVEMBER 1989]

1. This Act may be cited as the Betting Levy Board Act.

2. In this Act—
“Board” means the Betting Levy Board established under

section 3;

“member” means a member of the Board appointed in accordance
with section 4;

“Minister” means the Minister with responsibility for Industry and
Enterprise.

3. There is hereby established a body to be known as the
Betting Levy Board, hereafter referred to as “the Board”, which
shall be a body corporate.

4. (1) The Board shall consist, not exceeding, eleven
members appointed by the President as follows:

(a) four persons appearing to him to be suitably
qualified, of whom one shall be the Chairman;

(b) three persons nominated by the Trinidad Race
Club;

(c) one person nominated by the Tobago Race
Club; and

(d) one person nominated by each of the following:
(i) the Racehorse Owners Association of

Trinidad and Tobago;
(ii) the Stud Farm Association of Trinidad and

Tobago; and
(iii) licensed betting pool operators.

35 of 1989.

Commencement.
[186/1989].

Short title.

Interpretation.

Establishment
and
incorporation of
Board.

Constitution of
Board.
[5 of 1995].

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Betting Levy Board Chap. 21:53 5

(2) A member shall hold office for a fixed term of three
years as specified in his instrument of appointment and shall be
eligible for reappointment.

(3) The Chairman may resign his office by instrument in
writing addressed to the President.

(4) Any member other than the Chairman may resign his
office by instrument in writing addressed to the Chairman.

(5) Resignation shall take effect on the date of the receipt
of the instrument by the President or the Chairman as the case
may be.

(6) The appointment and termination of office of every
member shall be notified in the Gazette.

(7) A member of the Board shall be paid such
remuneration and allowance as the President may determine.

(8) The validity of the proceedings of the Board shall not
be affected by any vacancy in its membership or by any defect in
the appointment of a member or by the presence or participation
of any person not entitled to be present or to participate.

5. (1) The Board shall meet at such times as may be
necessary or expedient for the transaction of its business and
meetings shall be held at such places and times as the Board may
determine.

(2) The Chairman shall preside at all meetings of the
Board and shall call a special meeting within seven days of a written
request therefor addressed to him by any three members.

(3) In the absence of the Chairman, the members present
shall elect another person appointed under section 4(1)(a) to preside
at the meeting.

(4) Where the position of Chairman becomes vacant the
procedure at subsection (3) applies until the appropriate
appointment is made under section 4(1)(a).

(5) Decisions of the Board shall be by a majority of votes
and where the voting is equal the person presiding shall have a
casting vote.

Meetings.

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6 Chap. 21:53 Betting Levy Board

(6) Five members of whom at least one shall be a member
appointed under section 4(1)(a), shall constitute a quorum.

(7) Subject to this section, the Board may regulate its own
procedure.

6. (1) The Board shall have a seal which shall be kept in the
custody of the Chairman or of any member of its staff authorised
by the Board.

(2) The seal of the Board shall be attested by the signatures
of the Chairman and such other member as the Board may authorise.

7. The Board shall be responsible for—
(a) the development and improvement of every

aspect of horse and dog racing, including the
breeding of race horses and dogs, as well as
the provision of benefits for jockeys and stable
lads; and

(b) monitoring compliance with any rules relating to
the operation of pool betting offices and pool
betting outlets, including their opening and
closing hours.

8. Notwithstanding any written law relating to racing, the
taxes, fees, duties and other payments in respect of—

(a) the granting of any permit or licence for betting
on horse or dog races; and

(b) betting on any such race,

may be varied by the President by Order from time to time subject
to affirmative Resolution of Parliament.

9. The Board shall collect all taxes, duties, fees or other
payments referred to in this Act, and any such sums payable to it
under the Gambling and Betting Act, and shall put all
administrative, technical and other systems in place to ensure
compliance with the provisions of any written law relating to the
payment of any tax or levy, the collection of which is the
responsibility of the Board.

Custody and use
of seal.

Function.
[5 of 1995].

Taxes, duties,
fees.

Collection of
taxes, duties,
fees, etc.

Ch. 11:19.

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Betting Levy Board Chap. 21:53 7

10. The Board has power to do all things necessary or
convenient to be done for, or in connection with the performance
of its function.

11. (1) The financial year of the Board shall be the twelve-
month period ending 30th June.

(2) The Board shall, within three months of the end of
each financial year, make a report of its activities during that
year to the Minister, the first such report being in respect of the
period commencing with the incorporation of the Board and
ending 30th June, 1990.

12. (1) The Board shall by means of monthly remittances pay
one-half of the monies collected under section 9, into the
Consolidated Fund.

(2) The remaining half of the monies collected under
subsection (1) shall be applied—

(a) to meet its own expenses incurred in the
performance of its function;

(b) to meet the administrative expenses of the Racing
Authority established under the Racing Authority
Act on the basis of a budget prepared by that
Authority, in consultation with the Board, and
where there is a dispute regarding the said budget,
an appeal may be made to the Minister.

(3) The monies received by the Board under section 7,
shall not be liable to corporation or any other tax, and disbursements
made by it, shall not be liable to tax in the hands of the recipient
except where these monies are to be used towards the making of
profits or gains of a business of a commercial nature.

13. (1) The Board shall keep proper accounts and other
records in relation to its functions and shall prepare annually a
statement of its accounts.

(2) The accounts of the Board shall be audited by auditors
to be appointed annually by the Board.

General powers.

Financial year
and Annual
Report.

Application of
funds.

Ch. 21:50.

Accounts and
audit.

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(3) As soon as possible and in any case not later than six
months after the termination of each financial year the Board shall
submit an annual report to the Minister in such a form as the
Minister may prescribe.

(4) The report shall include a balance sheet, such other
statements as the Minister may from time to time require and the
annual report of the auditor appointed in accordance with
subsection (2).

(5) The Minister shall lay the report before Parliament—
(a) within fourteen days of receiving it; or
(b) where Parliament is not then in session, within

fourteen days of the commencement of the
next session.

14. The President may, for the purposes of giving effect to
the provisions of this Act, make such Regulations as may be
necessary or expedient.

Regulations.

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