RACECOURSE BETTING ORDINANCE

RACECOURSE BETTING

CHAPTER 78

RACECOURSE BETTING ORDINANCE

To legalise the use of totalisators on certain racecourses and to make

further provision with regard to betting thereon.

(2nd February, 1934) *

ORDINANCE V of 1934, as amended by Government Notice No. 188 of

1936; Legal Notices: 4 of 1963, 46 of 1965; Acts: LVIII of 1974, XIV of

1975 and XIII of 1983; and Legal Notice 408 of 2007.

The short title of this Ordinance is the Racecourse Betting

Ordinance.

[ ARTICLE 4]

CONSTITUTION AND PROCEEDINGS OF THE BOARD

The Board shall consist of a chairman and four other

members to be appointed by the President of Malta.

2. The chairman shall be such person as the President of

Malta shall appoint in that behalf.

3. The members of the Board shall hold office for such time

as may be specified in their respective appointments

Provided that any member of the Board may be removed at

any time from the Board.

4. Any person ceasing to be an appointed member of the

Board shall be eligible for reappointment.

5. The quorum of the Board shall be three, but subject thereto

the Board may act notwithstanding any vacancy in their number.

6. The Board may appoint a member of the Board to be vice-

chairman of the Board, and in the absence of the chairman the vice-

chairman shall preside at meetings of the Board.

7. The Board may regulate their proceedings in such manner

as they think fit, but on any matter on which the votes of the Board

are equally divided the person presiding at the meeting shall have a

second or casting vote.

8. The Board may appoint officers, servants or agents, and

prescribe their duties and fix their remuneration.

9. Subject to any rules made by the Minister responsible for

the Police in this respect, the Board may regulate their own

procedure and make standing orders governing the conduct of their

business.

10. No act or proceeding of the Board shall be questioned on

account of any vacancy in their number or on account of the

appointment of any member having been defective.

In this Ordinance -

"approved meeting" means a meeting at which races are held

with the approval of the Board and does not include trial races;

"approved racecourse" means any ground used for the purpose of

a racecourse for racing with horses or greyhounds, and any ground

adjacent thereto, in respect of which ground or adjacent ground,

there is a certificate of approval issued by the Minister responsible

for the Police under this Ordinance and published in the

Government Gazette;

"approved racing club" means a racing club in respect of which a

certificate of approval is issued by the Minister responsible for the

Police under this Ordinance and published in the Government

Gazette;

"sweepstake" means a betting transaction between three or more

persons in which the contributions to the bet are paid to the person

or persons drawing by lot, previously to the start of any race, a

winning or a placed horse or runner;

"totalisator" means the contrivance for betting known as the

totalisator of pari-mutuel, or any other machine or instrument of

betting of a like nature, whether mechanically operated or not.

The Minister responsible for the Police may, for the

purpose of this Ordinance, issue (subject to such conditions as he

may impose) and at any time revoke certificates of approval in

respect of racecourses and ground adjacent thereto or in respect of

racing clubs and may grant to any person or racing club (in this

Ordinance referred to as the licensee) a licence under this

Ordinance to use an approved racecourse as in this Ordinance

provided.

(1) The President of Malta may appoint for each approved

racecourse a Racecourse Control Board (in this Ordinance referred

to as the Board).

(2)

The Board shall be constituted and their proceedings shall

*See Proclamation No. II of the 2nd February, 1934.

RACECOURSE BETTING

be conducted in accordance with the rules contained in the

Schedule to this Ordinance

Provided that the Minister responsible for the Police may

alter, add to, or amend the said rules

Provided also that in the case of an approved racing club,

the governing body of the club shall be the Board and shall exercise

the powers and perform the duties of the Board in accordance with

the rules of the club.

Subject to any rules made by the Minister responsible for

the Police under this Ordinance, the Board may appoint stewards

and judges and make regulations relating to the conduct of horse

races and greyhound races on the approved racecourse in respect of

which the Board is appointed.

(1) Notwithstanding any law or enactment to the contrary,

it shall be lawful on any approved racecourse for any licensee to set

up, keep and operate a totalisator, in accordance with the provisions

of this Ordinance, for the purpose of effecting betting transactions

on horse races or greyhound races during the time of the meeting

when horse races or greyhound races are taking place

Provided that no other races or games shall take place on

the racecourse during the time of the meeting.

(2) It shall not be lawful for any person to permit the use of any

place or facilities, or to offer, accept or in any way take part in any

bet or wager in whatever connection with any horse race or

greyhound race unless through a licensee operating a totalisator at

an approved meeting.

The licensee shall operate the totalisator under the

direction of the Board in accordance with such rules as may be

made by the Minister responsible for the Police for the proper

control of betting transactions on an approved racecourse, for

fixing the maximum amount of the stake on any race, for the

payment by the licensee of any officials which may be appointed by

the Board to conduct any race, and generally for the proper control

of the racecourse or totalisator.

The licensee shall distribute or cause to be distributed the

whole of the moneys staked by means of a totalisator on any race

among the persons winning bets by means of the totalisator on that

race after deducting or causing to be deducted not more than 17%

of such moneys.

The licensee shall, on or before the 3lst January in each

year, account, in such form as the Board may prescribe, by

accounts made up to the 3lst December of the preceding year, for

all moneys received and expended by him during the preceding

year or part of the preceding year in connection with the operation

of the totalisator.

No betting shall be allowed on any approved racecourse on

greyhound races except by means of a totalisator.

RACECOURSE BETTING

(1) It shall be lawful for the Minister responsible for the

Police to authorize a licensee to hold sweepstakes on horse races

provided that the sweepstake tickets are sold only on the approved

racecourse and only to persons who have been admitted to the

racecourse at any approved meeting on payment of an admission

fee of not less than six cents (0.06), or are sold to members of clubs

specified in the licence.

(2) The licensee shall distribute or cause to be distributed the

whole of the moneys staked in any sweepstake among the persons

winning such sweepstake, after deducting or causing to be deducted

not more than 15% of such moneys.

(1) If any licensee has, on any approved racecourse, any

betting transaction with a person under the age of eighteen years,

he shall be liable, on conviction, to a fine (multa) not exceeding

forty-six euro and fifty-nine cents (46.59).

(2) Any betting transaction effected by means of a totalisator or

in any sweepstake with any person under the age of eighteen years

shall be deemed to have been had with the licensee.

Nothing in this Ordinance shall affect the provisions of any

other law on betting except in so far as so expressly laid down in

this Ordinance.

The Minister responsible for the Police may by order make

rules -

(a) constituting the Board;

(b) governing the proceedings of the Board;

(c) conferring powers on the Board and regulating the

exercise of such powers;

(d) controlling betting transactions under this Ordinance;

(e) regulating payments to be made to any persons

charged with carrying into effect any of the provisions

of this Ordinance or any rule thereunder; and

(f) generally for carrying this Ordinance into effect.

Saving the provisions of article 12, any person who

c o m m i t s a n o ff e n c e a g a i n s t t h i s O r d i n a n c e o r a n y r u l e o r

regulations made thereunder shall be liable, on conviction, to a fine

(multa) not exceeding one thousand and one hundred and sixty-four

euro and sixty-nine cents (1,164.69), or to imprisonment not

exceeding three months, or to both such fine and imprisonment

Provided that on a second conviction the punishment shall

be of imprisonment from four to six months and to a fine (multa)

not exceeding two thousand and three hundred and twenty-nine

euro and thirty-seven cents (2,329.37)

Provided also that in the case of a prosecution under the

provisions of this Ordinance, any person who in any way

whatsoever has taken part in or has been a partner of any person in

any bet or wager, and whose evidence is required in support of such

charge as aforesaid, shall be compellable to answer any question

RACECOURSE BETTING

respecting that charge, notwithstanding that the answer thereto will

expose him to criminal prosecution; but in any such event, any

person who shall have given evidence in respect of such charge,

and who shall have made a true and faithful statement touching

such charge, to the best of his knowledge, shall thereupon obtain

f r o m t h e c o u r t a c e r t i f i c a t e t o t h a t e ff e c t , a n d h e s h a l l , i n

consequence, be exempted from all punishments in respect of his

participation in the bet or wager forming the subject- matter of the

charge upon which he gave evidence as witness.

(1) In the case of any infringement of any provision of this

Ordinance, any moneys or effects, representing the bets or wagers

as well as any instruments or other means used in betting or

wagering and which may have been found and seized by the Police

on the occasion of any search effected on any person suspected of

having contravened the provisions of this Ordinance or which may

have been found in any place suspected of being used for such

purpose, may, until the contrary is proved, be taken as sufficient

evidence that such moneys, effects or place were actually used for

bets or wagers and that the persons found therein at the time of the

search were taking part in bets or wagers although no such bets or

wagers were actually going on in the presence of the Police

officers.

(2) Where any Police officer lawfully authorized to enter any

premises suspected to be used in contravention of any provision of

this Ordinance is wilfully prevented from or obstructed or delayed

in entering the same or any part thereof, or where any door or any

contrivance whatsoever is found in such premises for preventing,

delaying or obstructing the entry into the same of any Police officer

authorized as aforesaid, or for giving an alarm or warning in case of

such entry, or if any such premises or part thereof is found fitted or

provided with any means or contrivance for unlawful betting or

wagering or for concealing, removing or destroying any

instruments used for such unlawful purposes, it shall be evidence,

until the contrary is made to appear, that such premises are used for

bets or wagers and that the persons found therein were taking part

in activities in contravention of this Ordinance.

Whenever a person is convicted of an offence under the

provisions of this Ordinance, all moneys found in his possession at

the time of the commission of the offence shall be forfeited.

RACECOURSE BETTING