5Rules and regulations about business at race‑courses, bookmakers etc.

5 Rules and regulations about business at race‑courses, bookmakers etc. (1) The committee or other managing body of any club or association conducting race-meetings on any race-course licensed under this Part may with the approval of the Governor in Council make alter or rescind rules and regulations for— (a) the permitting of persons (approved by such committee or body) to carry on any business or vocation on any part of such race-course and prescribing the terms and conditions under which they may so carry on any such business or vocation upon payment of the fees or charges fixed by such rules or regulations; and (b) the preventing of persons not so approved and permitted or of persons offending against such rules or regulations from carrying on any business or vocation upon any part of such race-course and the removing of such persons therefrom: S. 5(1) Proviso amended by Nos 6462 s. 2(a), 7828 s. 7(1), 71/2008 s. 32(a). Provided that on any race-course no person shall carry on or be licensed or permitted to carry on the business or vocation of a bookmaker except on such parts of such race-course as are specially set apart for that purpose. S. 5(2) amended by Nos 6462 s. 2(b), 7828 s. 7(1), 125/1986 s. 13(a), 71/2008 s. 32(b). (2) Every person who in contravention of this section carries on the business or vocation of a bookmaker as aforesaid shall be guilty of an offence and liable to a penalty of not less than 2 penalty units or more than 5 penalty units. S. 5(3) amended by No. 6790 s. 3. (3) Any power under subsection (1) of this section or under any Act to make rules or regulations with respect to any licence or permit to any person to carry on the business or vocation of a bookmaker shall include a like power with respect to the issue of a substitute licence or substitute permit to any approved person nominated by the bookmaker to act during his illness or approved cause, subject to any conditions prescribed by such rules or regulations, on behalf and instead of such bookmaker for any specified period during the currency of the original licence or permit of such bookmaker. (4) The person to whom any substitute licence or substitute permit aforesaid is issued shall during the currency thereof be subject to the provisions of this Act and of every other Act in all respects as if he were a bookmaker being the holder of a licence or permit (other than a substitute licence or substitute permit) issued pursuant to any law in that behalf. S. 5(5) inserted by No. 17/1992 s. 12. (5) A power conferred by subsection (1) to make rules and regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters— (a) specific fees; (b) maximum fees; (c) minimum fees; (d) fees that vary according to value or time or any other circumstance; (e) the manner of payment of fees; (f) the time or times at which fees are to be paid. S. 5(6) inserted by No. 17/1992 s. 12. (6) Rules and regulations made under this section may be made— (a) so as to provide for the exemption of persons or classes of persons from any of the rules and regulations providing for the imposition of fees; or (b) so as to provide for the refund of fees, in whole or in part. S. 5(7) inserted by No. 24/2000 s. 12(1). (7) A bookmaker who is liable to pay a levy under rules made under section 91B is not liable to pay a fee under any rules or regulations made under this section. S. 5(8) inserted by No. 24/2000 s. 12(1). (8) If a rule or regulation made under this section is inconsistent with a rule made under section 91A or 91B, the rule or regulation made under this section is void to the extent of the inconsistency. Pt 1 Div. 2A (Heading and ss 5A–5D) inserted by No. 97/1998 s. 6.