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4.-(1)There shall be established a
body to be called the Betting Gaming and Lotteries Commission.
(2) The Commission shall be a body corporate to which the
provisions of section 28 of the Interpretation Act shall apply.
(3)The provisions of the First Schedule shall
have effect as to the constitution and operation of the Commission and otherwise
in relation thereto.
5.- (1) The
functions of the Commission shall be to regulate and control the operation of
betting and gaming and the conduct of lotteries in the Island; and to carry out
such other functions as are assigned to it by or in pursuance of the provisions
of this Act or any other enactment, and, in particular, but without prejudice to
the generality of the foregoing-
(a) to examine, in consultation with such
organisations and persons as it considers appropriate, problems relating to the
operation of betting and gaming and the conduct of lotteries in the Island;
(b) to furnish information and advice and to
make recommendations to the Minister with respect to the exercise by him of his
functions under Part IV, Part V and Part VI;
(c) to make investigations and surveys for the
purpose of obtaining information of use to it in the exercise of its functions.
2.The Commission shall, subject to the provisions of this Act,
have Power to do all such things as are in its opinion necessary for, or
conducive to, the proper discharge of its functions.
6.- (1) The
Minister may, after consultation with the Chairman other Commission, give to the
Commission directions of a general character as to the policy to be followed in
the exercise or discharge of its functions in relation to any matter appearing
to him to concern the public interest; and the Commission shall give effect to
any such directions.
(2) The Commission shall furnish to the
Minister such information as he may require with respect to the property and
activities of the Commission; and shall afford to him facilities for verifying
such information in such manner and at such times as he may reasonably require.
7.- (1) A
person requiring a licence, permit, approval or authority mentioned in any of
the specified provisions shall make application in writing to the Commission in
the prescribed form and manner, giving in such application the information which
may be required by regulations made under this Act.
For the purposes of this section,
"specified provisions" means sections 18(3), 19, 20@ 21, 24, 26(3), 49
and 51(1).
(2) Where the Commission receives an
application pursuant to subsection (1), in order to satisfy itself that the
application is in order, the Commission may make or cause to be made such
investigations as it considers necessary in connection with the application.
(3) As respects an application for a betting
office licence or a licence or approval under section 24, if the Commission is
satisfied that the application is in order, it shall-
- direct an authorized person to visit and inspect the
premises in relation to which the application is made;
- and inform the applicant of such direction.
(4) Where directed under paragraph (a) of subsection
(3) an authorized person may, for the purpose of carrying out
an inspection under this section-
(a) enter upon and examine the premises in respect of which
the application is made;
(b) put to any person upon the premises any
question relating to the application if he reasonably believes that any
information can be obtained which will assist the Commission in arriving at a
decision as to whether or not the licence or approval should be granted; and he
shall produce his certificate of appointment to any person on the premises
reasonably requiring him to do so.
(5) Upon the completion of the inspection as
aforesaid the authorized person shall make his report thereon in writing to the
Commission.
8.- (1) The Commission may in
respect of any application under section 7, if satisfied that it is desirable so
to do (and subject to that section) grant or refuse the licence, permit,
approval or authority, as the case may be, and shall notify the applicant in
writing accordingly.
(2) Every betting office licence,
bookmaker's permit or betting agency permit granted by the Commission shall be
for such period and subject to such terms and conditions as may be specified
therein, and may be renewed in such manner as may be prescribed.
9.- The
Commission may suspend, vary or revoke a licence, permit, approval or authority
granted under this Part, pursuant to an investigation held under section 10.
10.- The Commission may, where it
considers it expedient so to do, hold or cause to be held an investigation-
- to determine whether any licence, permit, approval or
authority granted under this Part should be suspended, varied or revoked;
- in respect of the breach of any of the regulations made by
the Commission under this Act or the terms or conditions of any licence,
permit, approval or authority aforesaid; or
- as respects any matter related to or connected with its
functions so as to determine whether any of such functions should be
exercised,
and with respect to any such investigation the
following provisions shall have effect-
(i) the person or persons holding the
investigation (hereinafter in this section referred to as "the
tribunal") shall do so in such manner and under such conditions as the
tribunal may think most effectual for ascertaining the facts of the matter under
investigation;
(ii) the tribunal shall have for the purposes
of the investigation all the powers of a Resident Magistrate to summon
witnesses, call for the production of books and documents and to examine
witnesses and the parties concerned on oath;
(iii) any person summoned to attend or to
produce books or documents under this section and refusing or neglecting so to
do or refusing to answer any question put to him by or with the concurrence of
the tribunal shall be guilty of an offence against this Act and be liable on
summary conviction before a Resident Magistrate to a fine not exceeding five
hundred dollars and in default of payment to imprisonment for a term not
exceeding three months: Provided that no person shall be bound to incriminate
himself and every witness shall, in respect of any evidence given by him at such
an investigation be entitled to the same privileges to which he would be
entitled if giving evidence before a court of justice;
(iv) any witness attending at the request of,
or upon summons by, the tribunal shall, subject to any order made by the
tribunal, be entitled to like allowances for expenses as if summoned to attend a
Resident Magistrate's Court.
11.- (1) The
Commission may by instrument in writing and subject to such conditions as
may be specified in the instrument delegate to any person any of the functions
exercisable by the Commission by virtue of the provisions this Act or any other
enactment.
(2) A delegation under this section shall be
revocable by the Commission, and no delegation shall prevent the exercise by the
Commission of any of its functions.
(3) Any person to whom a delegation is made
under this section shall furnish to the Commission from time to time such
information as the Commission may require with respect to the exercise of any of
the functions so delegated under this section:
Provided that nothing in this section shall
authorize the Commission to depute any person to hear any appeal or to make
regulations under the powers in that behalf conferred upon it by any enactment.
12.- (1) There
shall be an appeal to the Commission against a decision given by a person acting
in pursuance of any function delegated under section 11
(2) Any person who is aggrieved by a decision
given by a person referred to in subsection (1) may appeal to the Commission
against such decision within such time and in such manner as may be prescribed.
(3) The Commission may, at the hearing of an
appeal against a decision in respect of which the appeal is brought-
- dismiss the appeal and confirm the decision; or
- allow the appeal and set aside the decision; or
- set aside the decision and substitute therefor such other
decision as the Commission may think proper; or
- allow the appeal and direct that the proceedings in respect
of which the decision (the subject of the appeal) was made, be conducted
afresh either by the person who made that decision or such other person as
the Commission may decide.
13. Any decision of the Commission
given in respect of an appeal under section 12 shall be final.
14.- (1) The Commission shall have
power to impose penalties for any breach which has been found to be committed
pursuant to investigations under section 10, so, however, that the penalty in
respect of any such breach shall not exceed twenty thousand dollars.
(2) Any such penalty shall-
(a) if necessary, be recoverable by the Commission as a debt
in a Resident Magistrate's Court;
(b) be paid into the funds of the Commission.
15. Every person who-
(a) obtains the grant or renewal of any licence, permit,
approval or authority from the Commission under section 8 by willful
misrepresentation; or
(b) in relation to any application for such grant or renewal
willfully or recklessly gives any false or misleading information or makes a
false or misleading statement; or
(c) in relation to subsections (3) and (4) of section 7
refuses to permit any authorized person to enter or inspect the premises
concerned or obstructs him in the execution of his duties under this Act,
shall be guilty of an offence and be liable on
summary conviction before a Resident Magistrate to a fine not exceeding ten
thousand dollars or to imprisonment for a term not exceeding twelve months.
