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Section 91A: Prohibition on interactive gambling outside

Gambling Regulatory Authority Act

This section is inserted by Finance Act 2023, section 35.

consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

91A. Prohibition on interactive gambling outside Mauritius (1) No person physically present in Mauritius shall take part in any interactive gambling outside Mauritius. (2) It shall be an offence for any person operating interactive gambling outside Mauritius to allow a person physically present in Mauritius to have access to the bets or games conducted by him. (3) The Authority may, for the purpose of subsection (1), give directions to any – (a) internet service provider in Mauritius through the Information and Communication Technologies Authority established under the Information and Communication Technologies Act, to block access by persons physically present in Mauritius to interactive gambling sites outside Mauritius; and (b) financial institution in Mauritius to stop payment made by persons physically present in Mauritius to any person operating interactive gambling outside Mauritius. (4) Where a direction is given under subsection (2), the internet service provider or the financial institution, as the case may be, shall comply with the direction. 238 Acts 2023 (5) No proceedings shall lie against any internet service provider or financial institution in Mauritius for having complied with a direction given under subsection (2). (p) in section 94 – (i) in subsection (1), by deleting the words “An application” and replacing them by the words “Subject to subsection (1A), an application”; (ii) by inserting, after subsection (1), the following new subsection – (1A) (a) An application for the renewal of the registration of a gaming technician or limited payout machine technician shall be made at least 15 days prior to the lapsing of the registration. (b) An application for the renewal of the registration of a bookmaker’s clerk shall, in respect of a registration for the period 1 January to 15 August, be made not later than 30 days before the day of the first race meeting. (c) Any person who submits his application outside the time limit specified in paragraph (a) shall be liable to the penalty specified in Part II of the Sixth Schedule. (q) in section 99(9) – (i) in paragraph (b)(ii), by deleting the words “50,000 rupees” and replacing them by the words “200,000 rupees”; (ii) by adding the following new paragraph – (c) For the purpose of determining the quantum of the penalty to be imposed under paragraph (b), the Authority shall consider the seriousness of the breach committed by the licensee and the duration of the period during which the breach has been committed. Acts 2023 239 (r) by inserting, after section 108B, the following new section – 108C.Proof of payment Every licensee shall issue a proof of payment for any amount exceeding 100,000 rupees to a punter of casino, gaming house operator, or limited payout machine operator. (s) in section 110, by repealing paragraph (d) and replacing it by the following paragraph – (d) conduct AML/CFT-related inspections and compliance audits; (t) by repealing section 113C and replacing it by the following section – 113C.Registration of Money Laundering Reporting Officer, Deputy Money Laundering Reporting Officer and Compliance Officer (1) Every licensee referred to in item 7 of Part I of the First Schedule to the Financial Intelligence and Anti-Money Laundering Act shall register his Money Laundering Reporting Officer, Deputy Money Laundering Reporting Officer or compliance officer with the Authority in such manner as the Board may determine. (2) Any person acting as Money Laundering Reporting O section – 113C.Registration of Money Laundering Reporting Officer, Deputy Money Laundering Reporting Officer and Compliance Officer (1) Every licensee referred to in item 7 of Part I of the First Schedule to the Financial Intelligence and Anti-Money Laundering Act shall register his Money Laundering Reporting Officer, Deputy Money Laundering Reporting Officer or compliance officer with the Authority in such manner as the Board may determine. (2) Any person acting as Money Laundering Reporting Officer, Deputy Money Laundering Reporting Officer and compliance officer shall be a natural person. (3) The appointment of Money Laundering Reporting Officer, Deputy Money Laundering Reporting Officer and compliance officer shall be notified to the Board within 21 days. (4) Where a person ceases to act as Money Laundering Reporting Officer, Deputy Money Laundering Reporting Officer or compliance officer, the licensee shall forthwith notify the Authority within 7 days of the termination. 240 Acts 2023 (u) in section 122(4), by deleting the word “Repo” and replacing it by the word “Key”; (v) in section 140(1), by adding the following new paragraph, the existing provision being lettered as paragraph (a) – (b) For the purpose of paragraph (a), an operator shall – (i) as proof of identity, request the original National Identity card, valid passport or valid driving licence of every person entering his premises; and (ii) keep records of the full name, National Identity card number or passport number, provided as proof of identity. (w) in section 153 – (i) by inserting, after subsection (7), the following new subsections – (7A) Any person who, being physically present in Mauritius, places a bet in a foreign jurisdiction shall commit an offence and shall, on conviction, be liable to a fine not exceeding 100,000 rupees and to imprisonment for a term not exceeding 6 months. (7B) Any person who facilitates the placing of a bet in a foreign jurisdiction shall commit an offence and shall, on conviction, be liable to a fine not exceeding one million rupees and to imprisonment for a term not exceeding one year. (7C) Any person who places a bet with a person not licensed under this Act shall commit an offence and shall, on conviction, be liable to a fine of 50,000 rupees and to imprisonment for a term not exceeding 6 months. Acts 2023 241 (ii) in subsection (8), by deleting the words “50,000 rupees” and replacing them by the words “300,000 rupees”; (x) in section 156, by inserting, after subsection (4), the following new subsection – (4A) Notwithstanding subsection (1), a foreign gaming or betting company may, on such terms and conditions as the Horse Racing Division may approve – (a) sponsor race meetings in Mauritius; and (b) do any advertising and publicity to that effect in Mauritius. (y) in the Third Schedule, in CATEGORY 6, in the first column, by adding the following new item – (l) Loterie Vert 500,000 12 months (z) in the Fifth Schedule, in Part II, by deleting the subheading and replacing by the following subheading – Rate of Levy – 2.5% of gross gambling yield (aa) by adding the Sixth Schedule set out in the Eighth Schedule to this Act. e subheading and replacing by the following subheading – Rate of Levy – 2.5% of gross gambling yield (aa) by adding the Sixth Schedule set out in the Eighth Schedule to this Act.

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