                           RACECOURSE BETTING                         ġ CAP.  78.             1
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) *
Enacted by ORDINANCE V of 1934, as amended by Government Notice
No. 188 of 1936; Legal Notices: 4 of 1963, 46 of 1965; and Acts: LVIII of
1974, XIV of 1975 and XIII of 1983.
Short title.
Ordinance.
Interpretation. 
Amended by: 
L.N. 4 of 1963.
2. 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.
Power of Minister 
responsible for the 
Police to issue 
certificates for 
approved 
racecourses or 
racing clubs and to 
issue licences. 
Amended by: 
L.N. 4 of 1963
3. 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.
Power of President 
of Malta to appoint 
Board.  Amended 
by: 
L.N. 4 of 1963; 
L.N. 46 of 1965; 
LVIII.1974.68.
4. (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.
  2       CAP. 78. ħ                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.
Powers of Board. 
Amended by: 
L.N. 4 of 1963.
5. 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.
Prohibition of bets 
or wagers unless 
through totalisator. 
Substituted by: 
XIV. 1975.2.
6. (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.
Totalisator: how to 
be operated. 
Amended by: 
L.N. 4 of 1963.
7. 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.
Distribution of 
stakes.
8. 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.
Licensee to submit 
accounts.
9. 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.
Betting on 
greyhound races to 
be by totalisator. 
10. No betting shall be allowed on any approved racecourse on
greyhound races except by means of a totalisator.
                           RACECOURSE BETTING                         ġ CAP.  78.             3
Sweepstakes on 
horse races. 
Amended by: 
L.N. 4 of 1963 .
11. (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 two cents five mils, 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.
Betting with 
persons under 
eighteen years of 
age. 
Amended by: 
XIV. 1975.3; 
XIII. 1983.5.
12. (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
twenty liri.
(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.
Saving as to 
provisions of other 
laws on betting.
13. 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.
Rules. 
Amended by: 
L.N. 4 of 1963.
14. 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.
Penalty. 
Substituted by: 
XIV. 1975.4. 
Amended by: 
XIII. 1983.5.
15. Saving the provisions of section 12, any person who
commits an offence against this Ordinance or any rule or
regulations made thereunder shall be liable, on conviction, to a fine
( multa ) not exceeding five hundred liri, 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 one thousand liri:
  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
respecting that charge, notwithstanding that the answer thereto will
expose him to criminal prosecution; but in any such event, any
  4       CAP. 78. ħ                RACECOURSE BETTING     
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
from the court a certificate to that effect, and he shall, in
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.
Presumptive 
evidence of betting 
or wagering. 
Added by: 
XIV. 1975.4.
16. (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.
Forfeiture of 
moneys on 
conviction. 
Added by: 
XIV. 1975.4.
17. 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                         ġ CAP.  78.             5
Amended by: 
G.N. No. 188 of 
1936; 
L.N. 4 of 1963; 
L.N. 46 of 1965; 
LVIII.1974.68.
SCHEDULE 
ġS E C T I O N  4ħ
CONSTITUTION AND PROCEEDINGS OF THE BOARD 
l. 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.
