Offenses & Penalties
As per the Gaming Act, 2014 (No. 40 of 2014), section 75 provides as follows as it pertains to offences and penalties:
- knowingly or recklessly makes any false statement in any application, affidavit or return under this Act;
- in or on any licensed premises conducts any gambling game which has not been approved or otherwise than in accordance with the approved rules of such gambling game;
- hinders or obstructs any member of the Board, authorised officer or police officer whilst taking steps for the prevention or investigation of an offence under this Act;
- having been summoned to give evidence at a hearing under section 21, without reasonable cause fails —
- to attend such hearing at the time and place specified in the summons;
- to remain in attendance until the conclusion of the hearing or until excused by the Board from further attendance; or
- to produce any book, document or thing in his possession or custody or under his control, which he has been summoned to produce;
- having been summoned under section 21—
- without reasonable cause refuses to take the oath or to make an affirmation as a witness after he has been directed by the member of the Board presiding at a hearing to do so, or refuses to testify or, subject to the law relating to privilege applicable to a person giving evidence or producing any book, document or thing before a court of law, refuses or fails to answer fully and satisfactorily to the best of his knowledge and belief any question lawfully put to him; or
- after having taken the oath or having made an affirmation, gives false evidence before the Board at any hearing on any matter, knowing such evidence to be false or not knowing or not believing it to be true;
- without the appropriate licence or otherwise than in accordance with the provisions of this Act possesses a gaming device;
- not being the holder of a junket operator licence, organizes, conducts or derives any financial benefit from a junket referred to in section 43(1); or
- contravenes or fails to comply with, any other provision of this Act, commits an offence and on conviction, unless otherwise expressly provided elsewhere in this Act, shall be liable to a fine not exceeding twenty thousand dollars; provided that, in the event of a second or subsequent conviction, the court may impose a penalty not exceeding twice the amount of such fine.
- All fines imposed by a court of law in respect of contraventions of, or failures to comply with, any provision of this Act shall accrue to the Consolidated Fund.
- Whenever any person is convicted of any offence under this Act, all costs incurred by the Board or the Royal Bahamas Police Force, including any costs for the transport or storage of any gaming devices, equipment or any other thing by means of which the offence was committed or which was used in the commission of the offence or found in the possession of such person shall, in addition to any fine or penalty imposed under subsection (1), be for the account of such person, unless the Court orders otherwise.
- Where an offence under this Act is proved to have been committed by a body corporate with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary of other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
- Notwithstanding any provision of this Act, no criminal prosecution may be instituted against the holder of a licence issued under this Act, except —
Penalties for contraventions of Act, Regulations and Rules (Section 76)
- If the Board is satisfied, on a balance of probabilities, from evidence adduced at any hearing conducted under this Act or produced as a result of any investigation conducted pursuant to this Act, that a provision of this Act has been contravened or has not been complied with by the holder of a licence, the Board may hold such licence holder liable for such contravention and impose a penalty referred to in subsection (2).
- If the Board, on the basis referred to in subsection (1), finds that any holder of a licence has contravened or has failed to comply with a provision of this Act other than the provisions of section 83(5)(a), it may, after giving the licence holder the opportunity to be heard on the matter and subject to the proviso hereto, impose on any such holder or person a penalty not exceeding twenty thousand dollars; provided that in the case of a contravention of, or non-compliance with—
- a provision of this Act (other than a regulation or a rule) for which a maximum fine has been expressly provided, the Board shall not impose a penalty in excess of that maximum fine;
- a regulation for which a maximum fine has been prescribed, the Board shall not impose a penalty which exceeds the amount of the prescribed maximum fine; or
- a rule for which a maximum fine has been prescribed, the Board shall not impose a penalty which exceeds the amount of such maximum fine.
- Any licence holder in respect of whom the Board has imposed a penalty under this section may, by written notice and within thirty days of the imposition of the penalty, in the prescribed manner, appeal to the Minister against —
- the finding of the Board in respect of the relevant contravention;
- the imposition of the penalty; or
- both (a) and (b).