Giving notices and documents

(1) A notice or document directed to the Board is deemed to be sufficiently given if it is– (a) given personally to the Chairman of the Board; (b) given to the person in charge or apparently in charge of the office where the Board meets; or (c) sent by registered mail, postage pre-paid, addressed to the office where the Board meets and a person has acknowledged receipt in writing on behalf of the Board. (2) A notice or document directed to the Appeals Tribunal, is deemed to be sufficiently given if it is52 (a) given personally to the Chairman of the Appeals Tribunal; or (b) given to the person in charge or apparently in charge of the office where the Appeals Tribunal meets. (3) A notice or document directed to an individual is deemed to be sufficiently given if it is– (a) personally given to the individual or a person who holds a power of attorney from the individual under which the attorney is authorised to accept service of the notice or (b) given to an adult person at the individual’s residence or apparently in charge of the individual’s place of business; (c) sent by registered mail, postage pre-paid, addressed to the individual at his address last known to the person giving the notice or and the individual has acknowledged receipt in writing; (d) sent by any form of electronic transmission that generates legible evidence of receipt; or (e) if service under paragraph (a), (b), (c) or (d) is not reasonably possible, published at least twice, and not more than a week apart, in at least one newspaper of general circulation in Belize. (4) A notice or document directed to a corporation or association is deemed to be sufficiently given if it is53 (a) personally given to a director or officer of the corporation or association; (b) given to an adult person apparently in charge of the office or place of business of the corporation or association; (c) given to a person who holds a power of attorney for the corporation or association under which the attorney is authorised to accept service of the notice or document; (d) sent by registered mail, postage pre-paid, addressed to the corporation or association at its office or place of business and a person has acknowledged receipt in writing on behalf of the corporation or association; (e) sent by any form of electronic transmission that generates legible evidence of receipt; or (f) if service under paragraph (a), (b), (c), (d) or (e) is not reasonably possible, published at least twice, and not more than a week apart, in at least one newspaper of general circulation in Belize. (5) A written notice or document directed to a partnership is deemed to be sufficiently given if it is– (a) in the case of a partner who is an individual, given to the partner in accordance with sub- section (3); (b) in the case of a partner that is a corporation or association, given to the partner in accordance with sub-section (4); 54 (c) given to a person who holds a power of attorney from the partnership under which the attorney is authorised to accept service of the notice or document on behalf of the partnership; or (d) if service under paragraph (a), (b) or (c) is not reasonably possible, published at least twice, and not more than a week apart, in at least one newspaper of general circulation in Belize. 55 SCHEDULE I GAMING CONTROL ACT Distress Warrant [section 12] TO..........................................................(person authorised) and to all Peace Officers. I ...................................... Commissioner of Income Tax of Belize, by virtue of the power vested in me by section 12 of the Gaming Control Act, Cap. 152, do hereby authorise you to collect and recover the several amounts due for gaming tax from the licensees specified in the list attached hereto, together with the additional sum of ten per cent accruing under section 11 of the Act, and for the recovery thereof. I further authorise you that you, with the aid, if necessary, of your assistants and calling to your assistance any Police Officer, if necessary, which assistance they are hereby required to give, do forthwith levy by distress such sums, together with such additional sum of ten per cent and also the costs and charges of and incidental to the taking and keeping of such distress, on the goods, chattels, or other distrainable things of the licensee charged with such tax or sum. And for the purpose of levying such distress you are hereby authorised, if necessary, with such assistance as mentioned before, to break open any building in the daytime. And for so doing this shall be your warrant. GIVEN under my hand at .................. this ............ day of ........................................., 20................ . ……............................................ Commissioner of Income Tax 56 Gaming Control SCHEDULE II1 GAMING CONTROL ACT Constitution and Procedures of Appeals Tribunal [section 14A] 1.–(1) The Appeals Tribunal shall consist of not less than three nor more than five members appointed by the Minister in his discretion, being persons appearing to the Minister to be knowledgeable and experienced in matters relating to gaming, law, finance, accounting or tourism. Appointment of members. (2) A person who is a public officer, a minor or a member of the National Assembly is not eligible for appointment as a member. (3) The Minister in his discretion shall designate a member to be the Chairman of the Appeals Tribunal. (4) For the hearing of an appeal under this Act, the Appeals Tribunal may consist of one member sitting alone if the parties to the appeal agree. Temporary appointment. 2. If the Chairman or other member of the Appeals Tribunal is absent or unable to act, the Minister may appoint another person to act temporarily as Chairman or other member. Tenure of office. 3.–(1) Subject to the provisions of this Schedule, a member of the Appeals Tribunal shall hold office for such period, not exceeding one year, as may be specified in the instrument of appointment. 1 This Schedule was inserted by Act No. 17 of 2014. Gaming Control 57 (2) Every member of the Appeals Tribunal shall be eligible for reappointment but no such member shall be appointed for more than five consecutive years. (3) If any vacancy occurs in the membership of the Appeals Tribunal, the vacancy shall be filled by the making of another such appointment; however, the member so appointed shall, subject to the provisions of this Schedule, hold office for the remainder of the period for which the previous member was appointed. (4) The Minister may, at any time, revoke the appointment of the Chairman or any other member if he thinks it expedient to do so. Resignation. 4.–(1) Any member of the Appeals Tribunal other than the Chairman may, at any time, resign his office by instrument in writing addressed to the Minister and transmitted through the Chairman and from the date of the receipt by the Minister of such instrument such member shall cease to be a member of the Appeals Tribunal. (2) The Chairman may, at any time, resign his office by instrument in writing addressed to the Minister and such resignation shall take effect as from the date of the receipt of such instrument by the Minister. 5. The names of the members of the Appeals Tribunal as first constituted and every change in membership thereof shall be published in the Gazette. Publication of membership. 6. There shall be paid to the Chairman and other members or the Appeals Tribunal such remuneration (whether by way of honorarium, salary or fees) and such allowances as the Minister may determine. Remuneration of members. 7. Any member of the Appeals Tribunal who has any interest, directly or indirectly, in any matter brought before the Appeals Tribunal shallDisclosure of interest. 58 Gaming Control (a) as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Appeals Tribunal; and (b) refrain from influencing or participating in any decision or vote that relates to the matter. Procedure. 8.–(1) The Appeals Tribunal shall meet at such times as may be necessary or expedient for the transaction of business and such meetings shall be held at such places and times and on such days as the Appeals Tribunal may determine. (2) The Chairman or any other person appointed to act temporarily as Chairman shall preside at meetings of the Appeals Tribunal. (3) Subject to section 1(4), the decisions of the Appeals Tribunal shall be by a majority of votes of the members and, in addition to an original vote, the Chairman shall have a casting vote in any case in which the voting is equal. (4) The Appeals Tribunal, with the approval of the Minister, may make rules to regulate its own proceedings. Secretary and minutes. 9.–(1) The Chairman shall appoint a person other than a member to act as Secretary. (2) The Secretary shall keep accurate minutes of each meeting and hearing of the Appeals Tribunal, including particulars of– (a) the members or other persons in attendance; (b) each matter considered by the Appeals Tribunal, the number of members present and voting for and against it or abstaining from voting on it and the decision of the Appeals Tribunal; and Gaming Control 59 (c) any disclosure of interest referred to in section 7 made by a member. (3) The Secretary shall circulate to the members for approval a copy of the minutes of a meeting as soon as practicable after the conclusion of the meeting. Authentication of documents. 10. All documents made by, and all decisions of, the Appeals Tribunal may be signified under the hand of the Chairman or any member of the Appeals Tribunal authorized to act in that behalf. Protection of members. 11. No action, suit, prosecution or other proceedings shall be brought or instituted personally against any member of the Appeals Tribunal for anything done or omitted to be done in good faith and in the administration or discharge of any functions, duties or powers under this Act or the regulations made under this Act.