Section 3
Presumption of pool betting
For the purposes of this Act, any bet shall be deemed to be made by way of pool betting unless it is a bet at fixed odds and in particular bets shall be held to be made by way of pool betting wherever a number of persons make bets—
(a)
on terms that the winnings of such of those persons as are winners shall be, or be a share of, or be determined by a reference to, the stake money paid or agreed to be paid by those persons, whether the bets are made by means of a totalisator or by filling up and returning coupons or other printed or written forms, or otherwise howsoever; or
(b)
on terms that the winnings of such of those persons as are winners shall be, or shall include, an amount (not determined by reference to the stake money paid or agreed to be paid by those persons) which is divisible in any proportion among such of those persons as are winners;
or
(c)
on the basis that the winners or their winnings shall, to any extent, be at the discretion of the licensee or the
Board by his or its own operation or promotion of pool betting, or by his or its operation or promotion with an operator or promoter outside Malaysia as may be authorized in accordance with this Act.
7
Pool Betting
(2)
A bet is a bet at fixed odds within the meaning of this section only if each of the persons making it knows or can know at the time he makes it, the amount he will win, except in so far as that amount is to depend on the result of the event or events betted on, or on any event taking place or producing a result or on the numbers taking part in any such event or on the starting prices or totalisator odds for any such event or there being totalisator odds on any such event or on the time when his bet is received by any person with or through whom it is made.
In this subsection—
(a)
the expression “starting prices” in relation to any event means the odds ruling at the scene of the event immediately before the start; and
(b)
the expression “totalisator odds” in relation to football matches or such other prescribed events, the odds made by means of a totalisator at the scene of the matches or events as the case may be.
(3)
Where payments are made for the chance of winning any money or moneys worth on terms under which payers have a power of selection which may directly or indirectly determine the winner, then, for the purposes of this Act those payments shall be treated as debts notwithstanding that the power is not exercised.