POOL BETTING ACT 1967 (REVISED 2018)

This Act applies throughout Malaysia.

Interpretation

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;

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

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.

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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.

For the purpose of subsection (2)—

the expression “starting prices”, in relation to any event, refers to the odds ruling at the scene of the event immediately before the start; and

the expression “totalisator odds”, in relation to football matches or such other prescribed events, refers to the odds made by means of a totalisator at the scene of the matches or events, as the case may be.

Where payments are made for the chance of winning any money or money’s 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

The pool betting duty shall be such amount as may be prescribed by the Minister.

The pool betting duty shall be paid in the case of bets received by the licensee, the Board or agents.

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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.

Subsection (4) 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 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

The Minister may refuse to issue or renew a licence to any person without assigning any reason and his decision shall be final.

A licence issued under subsection (1)—

shall be in such form as the Minister may think fit;

shall be subject to the payment of such fee for its issue or renewal as may be prescribed;

shall be valid for one calendar year and may be renewed from year to year from the date of expiration of the licence;

shall be subject to such conditions or restrictions as the

Minister may impose during the currency of the licence;

and

may be revoked by the Minister during the currency of the licence without assigning any reason.

After such date as the Yang di-Pertuan Agong may direct, the Minister shall not issue or renew any licence under this section.

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Establishment of the Board

The Board shall have perpetual succession and a common seal, and may sue and be sued in its name.

Subject to and for the purposes of this Act, the Board may, upon such terms as the Board thinks fit—

enter into contracts; and

in respect of movable and immovable property of every description—

acquire, purchase and take such property; and

hold, enjoy, convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of or deal with such property or any interest in the property vested in the

Board.

Members of the Board

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.

A member of the Board shall be eligible for reappointment.

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The seat of a member of the Board shall be vacated and the vacancy shall be deemed to be an extraordinary vacancy if he—

is absent without the permission of the Board from four consecutive meetings of the Board;

becomes bankrupt or compounds with his creditors;

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;

becomes insane;

accepts or holds any office of profit under the Board or is directly or indirectly concerned in any contract with the Board or participates in or derives 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;

resigns; or

dies.

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.

The Minister may appoint such public officers as are necessary to take part in the proceedings of the Board and any committee of the Board, but such officers shall have no votes in any such proceedings.

Chairman of the Board

The Chairman shall vacate his office if he ceases to be a member of the Board.

Any vacancy occurring in the office of the Chairman shall be filled by the appointment of a member of the Board.

A person ceasing to be the Chairman of the Board shall be eligible for reappointment.

At any meeting of the Board—

held during any vacancy in the office of the Chairman;

or

at which the Chairman is not present, a member elected for that purpose from amongst members present at the meeting shall act as the Chairman of the meeting and may exercise the powers conferred on the Chairman.

Procedure, etc., of the Board

All questions at the meeting of the Board shall be determined by a majority of the members personally present and voting.

Each member present at the meeting is entitled to cast one vote.

In the event of an equality of votes, the member presiding at the meeting shall have a second or casting vote.

Except as provided in this Act, the Board may regulate its own procedure.

The members of the Board shall not be entitled to any remuneration but allowances may be paid by the Board in respect of such matters and at such rates as may be fixed by the Board with the approval of the Minister.

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The Board may invite any person to attend the meetings of the Board and to take part in any proceedings of the Board, but such person shall not be entitled to vote in such proceedings.

Officers, agents, etc., of the Board

Except in accordance with and subject to the provisions of an approved scheme, the Board shall not make or agree to make to any officer, agent or employee of the Board any payment by way of commission, fee, reward or other remuneration which is calculated or determined or affected by reference, directly or indirectly, to the amount of any totalisator investment or pool betting received by the Board or by that officer, agent or employee on behalf of the Board.

Section 31 of the Contracts Act 1950 [Act 136] and subsections 26(1) and (2) of the Civil Law Act 1956 [Act 67], which relates to agreements by way of gaming and wagering, shall not apply to any contract or agreement between the Board and any officer, agent or employee of the Board.

Subsection (3) and subsection 26(4) of the Civil Law Act 1956

shall not apply—

to any contracts or agreements made by the Board; and

to any moneys due by or to the Board in connection with or arising out of the operation, promotion or management of a totalisator for pool betting, or collection of pool betting or pool betting agency in accordance with an approved scheme by the Board or any officer, agent or employee of the Board duly authorized to so act.

Contracts of the Board

must be by deed shall, when made by the Board, be in writing under the common seal of the Board;

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must be in writing signed by the parties to be charged therewith shall, when made by the Board, be either in writing under the common seal of the Board or in writing signed by any person acting on behalf and under the express or implied authority of the Board; or

may be made orally, in the case of any contract, other than a contract involving the payment by the Board of any sum in excess of two hundred and fifty ringgit, be similarly made by any person acting on behalf of and under the express or implied authority of the Board.

Notwithstanding subsection (1), no contract made by or on behalf of the Board shall be invalid by reason only that it was not made in the manner provided by this section, if it was made pursuant to or to give effect to a resolution of the Board.

Nothing in this section shall be construed to limit the powers of the Board with respect to the acceptance or receipt of totalisator investments or pool betting in accordance with an approved scheme and any rules or regulations under this Act.

Power to borrow

borrow moneys, whether by way of mortgage, charge, overdraft or otherwise; and

charge all or any of its movable or immovable property, whether present or future, in such manner as it thinks fit.

Audit

The appointment of any person as auditor under subsection (1) shall require the prior approval of the Minister.

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An auditor appointed under this section shall on or before the thirtieth June in each year submit to the Board and the

Minister an annual report on the accounts of the Board in respect of the preceding year, and shall in his report draw attention to all cases in which it appears to him that this Act or of any approved scheme or rules or regulations made under this Act have not been complied with.

Rules of the Board

regulating its own procedure and the conduct of its meetings;

providing for the custody of its property and the use of its common seal;

prescribing the duties of its officers, agents and employees;

with the approval of the Minister, controlling the admission of persons to any totalisator for pool betting and any premises where pool betting is operated, promoted, managed or collected, and providing for the exclusion from any such agency of any specified class or description of persons, either absolutely or subject to such conditions as may be prescribed; and

such other purposes as the Board may consider necessary or expedient for the operation of any approved scheme or for carrying out the functions of the Board.

Report of the Board

Any scheme referred to in subsection (1) may provide for—

the administration of the scheme and for the establishment, maintenance and operation of a totalisator for pool betting, and pool betting agencies and the collection or receiving of pool betting and for the carrying out of the functions of the Board under the scheme;

the collection or receiving of pool betting at the premises of the Board or pool betting agencies, the credit facilities of such betting, the manner in which such betting may be made and the times at which and the conditions upon or subject to which such betting may be made and received;

the transmission or non-transmission of pool betting referred to in paragraph (b) to the totalisator for pool betting or from the agencies to the Board;

the payment at or from the totalisator for pool betting and pool betting agencies for dividends payable in respect of pool betting received and the times at which and the manner in which such dividends may be paid;

the method of calculation of the dividends payable as aforesaid out of moneys received as totalisator investments or for pool betting;

the method of accounting as between the Board and pool betting agencies in respect of pool betting, investments, dividends and commission;

the licensing of agents for the collection of pool betting and the extent of their duties and areas of operation in respect of such collection;

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the determination of responsibilities and liabilities of the

Board or any licensed agent for pool betting and the relationship between the Board and any agent or between the Board or any agent and a bettor of pool betting; or

such other matters as may be necessary for the proper operations and control of totalisators for pool betting, collection of pool betting, pool betting agencies or for the operation of the scheme.

The Board may submit to the Minister for his approval any variation of any scheme or any part of the scheme under this section, or any new scheme in substitution for any such scheme as aforesaid.

No scheme or any part of the scheme, and no variation of any such scheme or part of the scheme, shall come into force until approved in writing by the Minister.

Every approved scheme and any variation of the scheme shall be published in the Gazette.

The Yang di-Pertuan Agong may by order published in the Gazette suspend or revoke any approved scheme or variation of an approved scheme, or any part of the approved scheme or variation, and any such suspension or revocation shall have the effect of a repeal of such scheme or part, as the case may be.

Nothing in subsection (6) shall affect the past operation of the scheme so suspended, revoked or varied.

Calculation of dividend

the amount of any duty charged under this Act; and

any commission as may be prescribed.

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Advertisements

to exhibit the name of any pool betting agency on any premises in which the agency is situated;

to publish any advertisement relating to the totalisator for pool betting or setting out any list of pool betting agencies, the name, address, hours of business and any telephone number of any pool betting agency, any rules, terms or conditions upon or subject to which pool betting may be received at such agency or naming the prescribed events in respect of which pool betting may be received at any such agency; or

to exhibit at any pool betting agency any notice relating to any of the matters referred to in paragraph (b).

The Minister may, if he considers it desirable in the public interest to do so, prohibit, restrict or regulate any such exhibition or publication made under subsection (1).

Any person who contravenes any prohibition, restriction or regulation imposed or made by the Minister under subsection

commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.

Distribution of funds of the Board

the promotion of sport generally in Malaysia including the provision of playing fields; and

such social and welfare purposes as may be prescribed.

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Authority for pool betting investments, etc.

pool betting to be made, collected or received and for dividends to be paid in respect of pool betting in accordance with this Act; and

any person of or above the age of eighteen years to buy a coupon, ticket or card or take part in any pool betting operated in accordance with this Act.

Where any pool betting is made, collected, received, operated, promoted or managed in accordance with this Act, no person shall be liable in respect of the pool betting to any penalty or forfeiture under the Common Gaming Houses Act 1953 [Act 289]

or the Betting Act 1953 [Act 495] or any law in force in any part of Malaysia relating to gaming, betting or lotteries.

Offences

makes or enters into a bet upon the result of a prescribed event, whereby he agrees to pay to the other party to the bet, if the latter should win the bet, a sum of money the amount of which is dependent upon the result of the working of the totalisator on the event;

sells or offers for sale, or who purchases from any person referred to in paragraph (a), any ticket, coupon, card or thing entitling or purporting to entitle the purchaser or holder of the ticket, coupon, card or thing to any interest in the result of the working of the totalisator on any prescribed event; or

makes any contract or bargain of any kind to pay or receive money upon any event determined or to be determined by the result of the working of the totalisator on any prescribed event,

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commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding one year or a fine not exceeding one thousand ringgit or to both.

Subsection (1) shall not apply to—

the licensee or the Board or any officer, agent or employee of the licensee or the Board while engaged in the lawful conduct of any totalisator for pool betting or of pool betting as such in accordance with this Act;

the licence issued under section 5; or

an approved scheme.

Offences relating to investments

receives or permits to be received any investment on the totalisator in respect of any prescribed event after the start of such event;

registers on the totalisator after the start of any prescribed event any moneys received for investment in respect of that event;

takes into account in the calculation or payment of any dividend any investment which has not been publicly registered on the totalisator in accordance with this section;

receives or permits to be received any investment on the totalisator elsewhere than at the totalisator itself; or

makes, authorizes, causes or permits the payment to any person of any dividend which is not calculated in accordance with section 17, commits an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit.

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Arrest without warrant

The police officer may during the inspection—

examine any books, accounts, records or other documents, or any machine or equipment, for the time being used in the operation of the totalisator or agency;

seize any such books, accounts, records, documents, machine or equipment which he has reasonable cause to believe to be evidence of the commission of any offence against this Act; and

demand from any person having the care and management of the totalisator or agency or any part of the totalisator or agency any information that he deems necessary for the purpose of the inspection.

Management of pool betting

The licensee or the Board—

shall keep and preserve books, records, accounts or documents relating to the business of pool betting and enter into the books, records, accounts or documents all transactions of the licensee or the Board, as the case may be, in such manner as the Treasury may direct; and

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if so required by the Treasury, shall make at such times and to such persons as the Treasury may specify such returns or information relating to the business as the

Treasury may require.

The books, records, accounts or documents kept and preserved under subsection (2) shall be opened at all reasonable times to the inspection of an authorized officer of the Treasury or such public officers as the Minister may appoint.

Prosecution

Without prejudice to the generality of subsection (1), the Minister may make regulations for all or any of the following purposes:

prescribing any event in respect of which totalisator investments may be received;

prescribing fees to be paid for any matter or thing required or authorized to be done under this Act;

prescribing pool betting duty or commission payable under this Act; and

prescribing any social and welfare purpose in respect of which the Board may distribute moneys from its funds.

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Unclaimed winnings to be credited to revenue

For the purpose of this section, “winnings” includes any form of prize whether in terms of money or money’s worth issued, distributed or allotted in respect of pool betting.

Exemption

Except as provided in this section, any person who sends by post any advertisement, form or document relating to pool betting commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding one year or to a fine not exceeding one thousand ringgit or to both.

Application of Betting and Sweepstake Duties Act 1948

The Betting Act 1953 shall not apply to the licensee or the Board operating, promoting or managing pool betting under this Act or to the officers, agents or employees of the licensee or the Board or any person placing any bet by way of such pool betting.

Nothing in this Act shall affect the Racing (Totalisator Board)

Act 1961 [Act 494] with respect to the conducting of betting by the Totalisator Board or totalisator agencies established or any turf club authorized under that Act.

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(Revised—2018)

Particulars under paragraphs 7(ii) and (iii) of the Revision of

Laws Act 1968 [Act 1]

LIST OF AMENDMENTS

Amending law

Short title

In force from

Act 65

Gaming Tax Act 1972 01-03-1972

Act 160

Malaysian Currency (Ringgit) Act 1975 29-08-1975

LIST OF LAWS OR PARTS THEREOF SUPERSEDED

No.

Title

Act 384

Pool Betting Act 1967

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Act 809

(Revised—2018)

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from 4

Act 65 01-03-1972 28

Act 65 01-03-1972

Throughout the Act

Act 160 29-08-1975

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Act 809

(Revised—2018)

LIST OF AMENDMENTS MADE BY THE COMMISSIONER OF

LAW REVISION UNDER SECTION 6 OF THE REVISION OF

LAWS ACT 1968 [ACT 1]

Provision

Particulars of amendment

Authority for amendment

Ta b l e o f contents

Arrangement of sections altered paragraph 6(1)(vii)

Long title

Words “incidental matters”

substituted for “matters incidental thereto”

paragraphs 6(1)(vi) and

E n a c t i n g clause

Omitted subparagraph 6(1)(i)(f)

subsection 1(2)

Word “applies” substituted for

“shall apply”

paragraph 6(1)(xxi)

section 2

subsection 4(1)

subsection 4(4)

Divided into subsections (4) and (5)

with consequential alterations made paragraphs 6(1)(xiii) and

p a r a g r a p h 5(3)(c)

Word “only” after the words

“calendar year” omitted paragraph 6(1)(xxi)

p a r a g r a p h 5(3)(d)

and (xxiv)

subsection 7(2)

subsection 7(4)

subsections 8(3), (4) and

Word “the” inserted before the word

“Chairman” wherever it appears paragraph 6(1)(xv)

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Provision

Particulars of amendment

Authority for amendment subsection 8(4)

Words “as Chairman” after the word

“reappointment” omitted paragraph 6(1)(xxi)

subsection 9(1)

Words “to the quorum” substituted for “thereto”

paragraphs 6(1)(xxi) and

subsection 9(2)

Divided into subsections 9(2),

and (4) with consequential alterations made paragraphs 6(1)(xii), (xiii),

, (xxi) and (xxiv)

subsection 9(3)

subsection 9(4)

p a r a g r a p h 11(1)(c)

Commas substituted for parentheses after the words “any contract” and

“fifty ringgit” respectively paragraph 6(1)(xvi)

subsection 11(2)

Words “anything in” before the words “subsection (1)” omitted paragraph 6(1)(xxi)

section 12