Revised Laws of Saint Lucia (2021)

2.   Interpretation

In this Act—

“applicant” means a person applying for a licence under section 16;

“associated equipment” includes—

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   (a)     dice, cards, a computerised system for monitoring slot machines; and

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   (b)     an electro-mechanical, electronic or mechanical—

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      (i)     contrivance,

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      (ii)     component,

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      (iii)     device,

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        used directly or indirectly in connection with gaming that would not otherwise be classified as a gaming device and does not include a betting machine and the contrivances, components and devices that do not have a material impact on the outcome of a game; (Amended by Act 24 of 2019)

“Authority” means the Gaming, Racing and Betting Authority established under section 4; (Substituted by Act 18 of 2018)

“betting”—

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   (a)     means making or accepting a bet on, or placing any consideration on—

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      (i)     the outcome of an event including a race, competition, sporting event, sporting bet or other event or process,

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      (ii)     the likelihood of anything occurring or not occurring, or

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      (iii)     whether anything is or is not true; and

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   (b)     includes—

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      (i)     live betting,

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      (ii)     the non-remote or remote action, behaviour, conduct or performance of a person who, whether on one or more than one occasion for himself or herself or on behalf of another person—

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         (A)     makes or receives a bet or wager;

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         (B)     pays, receives, negotiates or settles a bet or wager;

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         (C)     offers, agrees or otherwise negotiates to bet, wager or to pay, receive or settle, a bet or wager;

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   (c)     does not include gaming;

(Inserted by Act 18 of 2018 and substituted by Act 24 of 2019)

“betting machine” means a machine used in the conduct of a bet including betting equipment, a device or terminal; (Inserted by Act 24 of 2019)

“betting provider”—

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   (a)     means—

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      (i)     a person who conducts live betting,

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      (ii)     a person who conducts non-remote or remote bookmaking,

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      (iii)     a person who conducts a non-remote or remote betting exchange,

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      (iv)     a person who conducts a non-remote or remote totalisator,

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      (v)     a person who otherwise conducts a non-remote or remote wagering business;

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   (b)     includes—

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      (i)     a person who, whether on the person's own account or as employee or agent of another person, carries on the business or vocation of or acts as a betting provider,

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      (ii)     a person who imports or supplies betting machines to premises within Saint Lucia and that person is the single holder of the betting provider licence;

(Inserted by Act 18 of 2018 and substituted by Act 24 of 2019)

“betting provider licence” means a licence issued under section 14(1)(f); (Inserted by Act 18 of 2018)

“Board” means the Board of the Authority; (Amended by Act 18 of 2018)

“broadcast” means the broadcast through a telecommunications medium, including by radio, television or through the use of the internet, subscription television or other online communications system—

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   (a)     the visual images or sound or both of a horse race; or

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   (b)     the call of a horse race,

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   and includes the marketing and distribution of a broadcast;

(Inserted by Act 18 of 2018)

“broadcasting arrangement” means a contract, understanding or other arrangement that —

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   (a)     facilitates a person or body, whether inside or outside Saint Lucia engaging in a race broadcast; or

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   (b)     authorises or permits a person to engage in a race broadcast;

(Inserted by Act 18 of 2018)

“chairperson” means the chairperson for the Board appointed under section 5(1)(a);

“Chief Executive Officer” means a person who is responsible for making major corporate and operational decisions and communicates directly to the Board; (Inserted by Act 24 of 2019)

“Chief Financial Officer” means a person who is responsible for the management of finance and accounting and overseeing the preparation of financial reporting; (Inserted by Act 24 of 2019)

“Chief Operating Officer” means a person who is responsible for overseeing the operations of the Authority and the supervision of the staff of the Authority; (Inserted by Act 24 of 2019)

“deputy chairperson” means the deputy chairperson of the Board appointed under section 5(5);

“Comptroller” means the Comptroller of Inland Revenue;

“Director” (deleted by Act 24 of 2019);

“financial year” means the period of 12 months commencing from the 1^st day of April in a year and terminating on the 31^st day of March of the following year; (Inserted by Act 18 of 2018)

“game”—

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   (a)     includes table games, slot machines, on-site gaming and online gaming;

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   (b)     does not include a game played in a private residence where no betting takes place;

(Substituted by Act 24 of 2019)

“gaming” means offering a game for money or money's worth;

“gaming activity” means any endeavour associated with the distribution or manufacture of gaming devices or associated equipment, or the conduct of gaming;

“gaming device” includes a gaming machine, any electronic, or other device used in connection with and a system for processing information that can alter the normal criteria of random selection that affects the operation of a game or determines the outcome of a game; (Amended by Act 24 of 2019)

“gaming distributor” means a person who holds a licence issued under section 14(1)(b);

“gaming distributor licence” means a licence issued under section 14(1)(b);

“gaming employee” means a person whose duty affects the outcome of a game but who is not a key employee; (Amended by Act 24 of 2019)

“gaming establishment” means the premises at which gaming is conducted;

“gaming machine” means a machine used in the conduct of a game but does not include a betting machine; (Amended by Act 24 of 2019)

“gaming machine lessor” means a person who holds a licence issued under section 14(1)(d);

“gaming machine licence” means a licence issued under section 14(1)(d);

“gaming manufacturer” means a person who holds a licence issued under section 14(1)(c);

“gaming manufacturer licence” means a licence issued under section 14 (1)(c);

“gaming operator” means a person who holds a licence issued under section 14(1)(a);

“gaming operator licence” means a licence issued under section 14(1)(a);

“horse race” means a contest, contingency or event in which two or more horses compete against each other in a test of speed over a designated distance or period, for the purpose of providing a contest, contingency or event on which bets may be made but does not include a contest, event or contingency in which skills other than speed alone are tested, or a trial; (Inserted by Act 18 of 2018)

“immediate family” means a person's spouse, child, sibling or in-law; (Inserted by Act 24 of 2019)

“key employee” means an individual who by reason of employment or association with a gaming operator or the holding or intermediary company of a gaming operator in a supervisory capacity or empowered to make discretionary decisions which regulate gaming, including an officer, director, pit boss, shift boss, supervisor of a gaming cage operation, security activities, information technology and surveillance; (Substituted by Act 24 of 2019)

“licensed premises” means a building or part of a building or group of buildings in respect of which a licence has been issued to permit gaming or betting activities; (Amended by Act 24 of 2019)

“licensee” means a person holding a licence under this Act;

“live betting” means the placement of any consideration on the outcome of an event, including a race, competition, sporting event, sporting bet or other event or process when that event is taking place outside of the establishment within which the placement of consideration is made, and which event is occurring on a date subsequent or during the placement of the consideration; (Inserted by Act 24 of 2019)

“member” means member of the Board;

“Minister” means Minister responsible for finance;

“non-remote betting” means onsite betting through a betting machine at a racecourse or other location; (Inserted by Act 24 of 2019)

“Panel” means a Racing Appeal Panel appointed under section 29I; (Inserted by Act 18 of 2018)

“person” means an individual, body corporate or unincorporated body; (Amended by Act 24 of 2019)

“prescribed” means prescribed in Regulations made under section 55;

“racing” includes a horse race and a race meeting; (Inserted by Act 18 of 2018)

“race meeting” means a meeting for the purpose of conducting horse races; (Inserted by Act 18 of 2018)

“racing information” means information that identifies, or is capable of identifying, the name or number of a horse taking part in an intended race to be held at a race meeting; (Inserted by Act 18 of 2018)

“racecourse operator” means a person who holds a licence under section 14(1)(e); (Inserted by Act 18 of 2018)

“racecourse operator licence” means a licence issued under section 14(1)(e); (Inserted by Act 18 of 2018)

“Registrar of Companies and Intellectual Property” means the Registrar of Companies and Intellectual Property appointed under the Companies and Intellectual Property (Registry) Act;

“regulations” means regulations made under section 55;

“remote”, in relation to communication or an action in Saint Lucia, outside Saint Lucia or partly in or outside Saint Lucia, means the internet, telephone, television, radio or another kind of electronic or other technology for facilitating communication; (Inserted by Act 24 of 2019)

“remote betting” means betting in which persons participate by the use of remote communication; (Inserted by Act 24 of 2019)

“remote gaming” means gaming in which persons participate by use of remote communication; (Inserted by Act 24 of 2019)

“resident of Saint Lucia” means—

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   (a)     in the case of a natural person, that—

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      (i)     the person's permanent place of abode is in Saint Lucia and that he or she is physically present in Saint Lucia for some period of time in the income year, unless the Comptroller is satisfied that this person throughout the whole of the income year was not physically present in Saint Lucia for the purpose of education, medical treatment, the performance of duties on behalf of the Government or for any other purposes which, in the opinion of the Comptroller, is reasonable,

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      (ii)     the person is physically present in Saint Lucia for not less than 183 days in the year of income, or

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      (iii)     the person is physically present in Saint Lucia for some period of time in that year of income and such period is continuous with a period of physical presence in the year of income for the immediately preceding or succeeding year of income of such duration as to qualify him or her for the status of a resident for such preceding or succeeding year under sub-paragraph (ii);

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   (b)     in the case of an estate of a deceased person, that immediately prior to death the deceased person qualified for the status of a resident under paragraph (a);

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   (c)     in the case of a trust or a body of persons, that such trust or body of persons was established in Saint Lucia; and

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   (d)     in the case of a company, that such company was—

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      (i)     incorporated in Saint Lucia, or

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      (ii)     if incorporated outside Saint Lucia, was managed and controlled in Saint Lucia;

“Secretary” means the Secretary to the Board appointed under to section 11(4); (Amended by Act 18 of 2018)

“security instrument” includes—

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   (a)     a certificate of deposit;

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   (b)     a Government bond;

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   (c)     an investment certificate;

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   (d)     a form of security authorised by the Authority;

(Inserted by Act 18 of 2018)

“slot machine”—

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   (a)     means a mechanical, electrical or other device, contrivance or machine for gaming or betting which on insertion of a coin, token or similar object or on payment of consideration is available to play or operate, the play or operation of which, whether by skill of the operator or application of the element of chance or both, delivers or entitles the person playing or operating the machine to receive cash or tokens to be exchanged for cash, or to receive merchandise or anything of value;

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   (b)     does not include a video lottery terminal;

(Inserted by Act 24 of 2019)

“sub-licensee” means permission provided by—

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   (a)     a gaming operator licensee to a third party to conduct gaming; or

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   (b)     a betting provider licensee to a third party to conduct betting;

(Inserted by Act 24 of 2019)

“trial” means a contest, contingency or event managed by a racecourse operator, for testing or training horses, but is not a contest, contingency or event on which bets may be made, and for which no prize-money, trophy or other reward, gratuity or privilege of more than a nominal value is offered; (Inserted by Act 18 of 2018 and amended by Act 24 of 2019)

“video lottery terminal” means one of a series of mechanical, electrical or other devices, contrivances or machines that are connected to a central system on which multiple players compete for a chance to win a randomly drawn prize. (Inserted by Act 24 of 2019)