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ORDINANCETo provide for the licensing of the instrument, machine or contrivance commonly known as a totalisator.(English text signed by the Administrator)BE IT ORDAINED by the Legislative Assembly for the Territory of South West Africa, with the consent of the Governor-General, in so far as such consent is necessary, previously obtained and communicated to the Legislative Assembly by message from the Administrator in accordance with the provisions of section twenty-six of the South West Africa Constitution Act, 1925 (Act No. 42 of 1925), of the Parliament of the Union of South Africa, as follows:-
Licensing of Totalisators Ordinance, 1938
Ordinance 5 of 1938
Published in Official Gazette no. 748 on 28 April 1938
Assented to on 25 April 1938
Commenced on 28 April 1938
[Up to date as at 9 April 2021]
[Amended by Licensing of Totalisators Amendment Ordinance, 1952 (Ordinance 32 of 1952) on 25 April 1938]
[Amended by Licensing of Totalisators Amendment Ordinance, 1952 (Ordinance 32 of 1952) on 25 June 1952]
[Amended by Licensing of Totalisators Amendment Ordinance, 1953 (Ordinance 13 of 1953) on 22 June 1953]
In this Ordinance, unless inconsistent with the context -“Approved site” shall mean any site approved by the Commissioner of Police, or any person authorised by him;“race meeting” shall mean any gathering of the public or of the members or any association of persons to watch a race or races, if the date and place of holding the same have been notified by public advertisement or private invitation;“race” shall mean a horse or dog race;“totalisator” shall mean the instrument, machine or contrivance commonly known as a totalisator, or any other instrument, machine or contrivance of a like nature or any scheme for enabling any number of persons to make bets on any event or contingency whatsoever, with one another on principles of a like nature.
Notwithstanding anything in any law contained, the Administrator, or any person authorised by him may, upon written application lodged with the Administrator at least 14 days prior to the race meeting, issue to any person or association of persons, a licence to use a totalisator upon any approved site at a race meeting. Such licence shall be issued subject to compliance with such conditions and rules as the Administrator may prescribe, and may be revoked at any time if default be made in complying with those conditions or rules or with any provision of this section, or if the totalisator be used at any site not so approved. There shall be payable for each licence issued the sum of two pounds.
Any person who(a)uses or permits the use or a totalisator in respect of which a licence has not been granted under and in accordance with the provisions of this Ordinance;(b)shall be guilty of an offence and liable on conviction to a fine not exceeding fifty pounds or to imprisonment for a period not exceeding twelve months.
This Ordinance shall be called the Licensing of Totalisators Ordinance, 1938.