ACT No. XXII of 2009 AN ACT to amend the Lotteries and Other Games Act.

I assent.

G EORGE A BELA

(L.S.)

President

18th December, 2009

ACT No. XXII of 2009

AN ACT to amend the Lotteries and Other Games Act.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows

The short title of this Act is the Lotteries and Other Games Short title.

(Amendment) Act, 2009.

PART I

AMENDMENT OF THE LOTTERIES

AND OTHER GAMES ACT

This Part amends the Lotteries and Other Games Act, and Amendment of

it shall be read and construed as one with the Lotteries and Other the

Lotteries

and other

Games Act, hereinafter in this Part referred to as "the principal Act". Games

Act.

Subarticle (1) of article 2 of the principal Act shall be Amendment of

article 2 of the

amended as follows

principal Act.

(a) in the definition "gaming device", for the words "or

in gaming, and includes a totalisator, a VLT, a VLT central

computer, a tombola scorecard and a tombola scoresheet;", there

shall be substituted the words "or in gaming;";

(b) immediately after the definition "gaming device"

there shall be added the following new definition

" "hosting" shall mean the placing of, or the

allowing, suffering or otherwise placing of, in premises

accessible to the public; and the term "host" shall be

construed accordingly;";

(c)

for the definition

"licensee"

there

shall

be

substituted the following

" "licensee" means any person holding a licence

issued by the Authority under this Act;";

(d) in the definition "other games" the words "VLT

games operated by VLT licensees," shall be deleted;

(e)

in the definition "relevant gaming device" for the

words "in gaming, and includes a totalisator, a VLT and a VLT

central computer;", there shall be substituted the words "in

gaming;";

(f)

in the definition "small game", the words "two

hundred and thirty-two euro and ninety-four cents (232.94)"

shall be substituted by the words "two hundred and thirty-five

euro (235.00)"; and

(g) the definitions "Video Lottery Terminal", "VLT",

"VLT central computer", "VLT CPU", "VLT game", "VLT

licence", "VLT licensee" and "VLT payout voucher" shall be

deleted.

Article 7 of the principal Act shall be amended as follows

(a) in the marginal note thereof, for the words

"Importation, etc., of relevant gaming devices", there shall be

substituted the words "Placing on the market, etc., of relevant

gaming devices";

(b) in subarticle (1) thereof, for the words "shall place

on the market, manufacture, maintain or supply any relevant

gaming device," there shall be substituted the words "shall

manufacture, assemble, repair, service, place on the market,

distribute, supply, sell, lease, transfer, make available for use,

host or operate any relevant gaming device," and immediately

after the words "in respect of such relevant gaming device"

there shall be added the words "or such activity";

(c)

in subarticle (2) thereof, for the words "to place on

the market, manufacture, maintain or supply a relevant gaming

device," there shall be substituted the words "to manufacture,

assemble, repair, service, place on the market, distribute, supply,

sell, lease, transfer, make available for use, host or operate any

relevant gaming device," and for the words "cancellation or

suspension of" there shall be substituted the words "cancellation

or suspension of, or the imposition of any condition on,"; and

(d) in subarticle (3) thereof, for the words "places on the

market, manufactures, maintains or supplies, or in any way aids

or abets the importation, manufacture, maintenance or supply

of, a relevant gaming device in contravention of subarticle (1),"

there shall be substituted the words "contravenes, or in any way

aids or abets a person to contravene, the provisions of subarticle

(1),".

Article 8 of the principal Act shall be amended as follows

Amendment of

article 8 of the

principal Act.

(a)

in subarticle (1) thereof, for the words "sixteen years

of age shall be guilty of an offence." there shall be substituted

the words

"eighteen years of age shall be guilty of an offence

Provided that in the case of the offering for

sale or the sale of the National Lottery under a National

Lottery licence currently in force at the time of the coming

into force of this proviso, the age prohibition shall be

sixteen years instead of eighteen years."; and

(b) in subarticle (2) thereof, for the words "under the

age of sixteen years," there shall be substituted the words "under

the age referred to in subarticle (1),".

In paragraph (g) of article 11 of the principal Act, for the Amendment of

words "the placing on the market, manufacture, supply and article

principal Act.

maintenance of relevant gaming devices," there shall be substituted

the words "the manufacture, assembly, repair, service, placing on the

market, distribution, supply, sale, lease, transfer, making available for

use, hosting and operation of relevant gaming devices,".

Article 18 of the principal Act shall be amended as

(a)

in subarticle (1) thereof -

(i) immediately after the words "from time to

time be given" there shall be added the words "by means of

regulations made under this Act or";

(ii) in paragraph (a) thereof -

1. immediately after the words "any

gaming device," there shall be added the words

"amusement machine," and immediately after the

words "whatsoever related to games," there shall

be added the words "amusement games," and

immediately after the words "the operation of

games" there shall be added the words "or

amusement games";

2. in subparagraph (i) thereof, for the

words "to produce such device, books" there shall

be substituted the words "to produce such gaming

device, amusement machine, books";

3. in

subparagraph

(ii)

thereof,

immediately after the words "relating to the

gaming device," there shall be added the words

"games, amusement machine, amusement

games,";

(iii) in paragraph (b) thereof -

1. immediately after the words "on

behalf of a licensee", there shall be added the

words "or any other person";

2. in subparagraph (i) thereof, for the

words "the operation of authorised games" there

shall be substituted the words "the operation of

games or amusement games";

3. in subparagraph (ii) thereof, for the

words "to the operation of authorised games"

there shall be substituted the words "to the

operation of games or amusement games";

(iv) in paragraph (c) thereof, for the words "any

gaming device, inspect such book or document, and take

copies of, or make notes in relation to, such book or

document, relating to the operation of games as the

inspector" there shall be substituted the words "any gaming

device or amusement machine, inspect such book,

document or records, and take copies of or make notes in

relation to such book, document or records, relating to the

operation of games or amusement games, as the inspector";

(v) in paragraph (d) thereof, for the words "to

direct a licensee," there shall be substituted the words "to

direct any licensee or any person whom the inspector

reasonably suspects to be in breach of this Act or any

regulations made thereunder,"; for the words "sale of

authorised games, any gaming device that" there shall be

substituted the words "sale of games or amusement games,

any gaming device or amusement machine that"; and for

the words "which it is intended;" there shall be substituted

the words "which it is intended or is not otherwise in

conformity with the provisions of this Act or any

regulations made thereunder;";

(vi) in paragraph (e) thereof, immediately after

the words "of a game" there shall be added the words "or

an amusement game";

(vii) in subparagraph (ii) of paragraph (f) thereof,

immediately after the words "of a licensee" there shall be

added the words "or any person operating, promoting or

selling games or amusement games," and for the words

"his duties; and" there shall be substituted by the words

"his duties;";

(viii) in paragraph (g) thereof, for the words

"evidence of his age," there shall be substituted the words

"evidence of his age;";

(ix) immediately after the paragraph (g) thereof,

there shall be added the following new paragraphs

"(h) to disable or otherwise prevent the use

of a gaming device or amusement machine where

the inspector considers that such gaming device

or amusement machine, or any person operating

or hosting such gaming device or amusement

machine, is not in conformity with any provision

of this Act, regulations issued thereunder or

conditions of any licence; and

(i) to remove any gaming device or

amusement machine and any equipment and, or

software connected thereto, from their current

location to another location approved and

designated by the Authority for the purpose of

conducting inspections, testing or examinations

on such gaming device, amusement machine,

equipment and, or software."; and

(b) in subarticle (3) thereof, for the words "hinders or

fails" there shall be substituted the words "hinders, obstructs or

otherwise interferes with, or knowingly makes a false or

misleading written or oral statement or produces a false

document to, an inspector, and any person who fails" and for the

words "his duties under subarticle (1) or under article 19," there

shall be substituted the words "his duties,".

Article 19 of the principal Act shall be amended as

follows

(a) immediately after the words "place where games"

there shall be added the words "or amusement games" and for

the words "sale, or where games are being organised or

operated," there shall be substituted the words "sale, organised,

operated or are otherwise made available to the public,";

(b) in paragraph (b) thereof, for the words "of licensees

or of sellers of games" there shall be substituted the words "of

licensees, sellers or operators of games";

(c)

paragraphs (c), (d) and (e) thereof shall be

renumbered as paragraphs (d), (e) and (f) respectively;

(d) immediately after paragraph (b) thereof, there shall

be added the following new paragraph

"(c) observing any of the operations of licensees,

sellers or operators of amusement games;"; and

(e) in paragraph (d) thereof, as renumbered, for the

words "of licensees or of sellers of games or of games" there

shall be substituted the words "of licensees, sellers or operators

of games or amusement games".

In article 20 of the principal Act, immediately after the

words "promotion or sale of any game" there shall be added the words

"or amusement game".

Article 42 of the principal Act shall be repealed.

Repeal of article

42 of the

principal Act.

In article 60 of the principal Act, the words "six thousand Amendment of

and nine hundred and eighty-eight euro and twelve cents (6988.12)" article

principal Act.

shall be substituted by the words "seven thousand euro (7000.00)".

Subarticle (1) of article 67 of the principal Act shall be Amendment of

article 67 of the

amended as follows

principal Act.

(a) for the words "to a fine (multa) of not less than six

thousand and nine hundred and eighty-eight euro and twelve

cents (6,988.12) and not more than two hundred and thirty-two

thousand and nine hundred and thirty-seven euro and thirty-four

cents (232,937.34)" there shall be substituted the words "to a

fine (multa) of not less than seven thousand euro (€7,000.00)

and not more than two hundred and thirty-five thousand euro

(€235,000.00)";

(b) in the first proviso thereof, for the words "fine

(multa) of not less than eleven thousand and six hundred and

forty-six euro and eighty-seven cents (11,646.87) and not more

than three hundred and forty-nine thousand and four hundred

and six euro and one cent (349,406.01)," there shall be

substituted the words "fine (multa) of not less than twelve

thousand euro (€12,000.00) and not more than three hundred

and fifty thousand euro (€350,000.00),"; and

(c)

in the third proviso thereof, for the words "a fine

(multa) of not less than two hundred and thirty-two euro and

ninety-four cents (232.94) and not more than six thousand and

nine hundred and eighty-eight euro and twelve cents (6,988.12),

the applicable penalty shall be a fine (multa) of not less than two

hundred and thirty-two euro and ninety-four cents (232.94) and

not more than six thousand and nine hundred and eighty-eight

euro and twelve cents (6,988.12).", there shall be substituted the

words "a fine (multa) of not less than two hundred and fifty euro

(€250.00) and not more than seven thousand euro (€7,000.00),

the applicable penalty shall be a fine (multa) of not less than two

hundred and fifty euro (€250.00) and not more than seven

thousand euro (€7,000.00).".

In subarticle (2) of article 68 of the principal Act, the Amendment of

words "two hundred and thirty-two thousand and nine hundred and article

principal Act.

thirty-seven euro and thirty-four cents (232,937.34)" shall be

substituted by the words "two hundred and thirty-five thousand euro

(€235,000.00)" and the words "six thousand and nine hundred and

eighty-eight euro and twelve cents (6988.12)" shall be substituted by

the words "seven thousand euro (€7000.00)".

Article 69 of the principal Act shall be amended as

follows

(a) in subarticle (1) thereof, immediately after the

words "any gaming device" there shall be added the words "or

amusement machine" and immediately after the words "or a

licence" there shall be added the words "or an authorisation";

(b)

in subarticle (2) thereof -

(i) in paragraph (a) thereof, immediately after

the words "tamper with any gaming device" there shall be

added the words "or amusement machine" and

immediately after the words "or any licence" there shall be

added the words "or authorisation";

(ii) in paragraph (b) thereof, for the words

"tampered with gaming device or licence.", there shall be

substituted the words "tampered with a gaming device,

amusement machine, licence or authorisation."; and

(c)

in subarticle (3) thereof, for the words "Furthermore,

any gaming device or licence", there shall be substituted the

words "Furthermore, any gaming device, amusement machine,

licence or authorisation".

In subarticle (1) of article 70 of the principal Act, for the

words "imported, manufactured or supplied" there shall be substituted

the words "manufactured, assembled, placed on the market,

distributed, supplied, sold, leased, transferred, made available for use,

hosted or operated", and for the words "manufacturing or carrying out

maintenance" there shall be substituted the words "manufacturing,

assembling, repairing or servicing".

In article 72 of the principal Act, immediately after the

words "any gaming device" there shall be added the words "or

amusement machine" and for the words "this Act or any Part thereof,"

there shall be substituted the words "this Act or any regulations made

thereunder,".

In article 73 of the principal Act, immediately after the

words "any provision of this Act" there shall be added the words "or

any regulations made thereunder".

Article 74 of the principal Act shall be amended as Amendment of

article 74 of the

follows

principal Act.

(a) in subarticle (1) thereof, for the words "or any Part

thereof." there shall be substituted the words "or any regulations

made thereunder.";

(b) in subarticle (2) thereof, for the words "this Act or

any Part thereof shall" there shall be substituted the words "this

Act or any regulations made thereunder shall"; and

(c)

immediately after subarticle (2) thereof, there shall

be added the following new subarticles

"(3) In any proceedings in relation to

offences against the Act or regulations made

thereunder, it shall be lawful for the

Authority or any officer or other person

delegated by the Authority, to examine or

cross-examine witnesses, produce evidence,

make submissions in support of the charge

and generally to conduct the prosecution on

behalf of the police, and the sworn statement

of the officer or other person delegated by the

Authority that he has been duly delegated for

that purpose shall be conclusive evidence of

that fact.

(4) Notwithstanding the provisions of

subarticle (3), the officer or other person

deputed in accordance with the said

subarticle may be produced as a witness in

the proceedings

Provided that should the evidence

of such officer or other person be required as

part of the case for the prosecution, such

officer or other person shall be heard before

he commences to act as mentioned in

subarticle (3)

Provided further that the foregoing

proviso shall not apply where the necessity of

the evidence of such officer or other person

arises after he commences to act as

mentioned in subarticle (3).

(5) Notwithstanding the provisions of

the Criminal Code, the Attorney General

shall always have a right of appeal from any

judgment given by the Court of Magistrates,

in its criminal jurisdiction, in respect of

proceedings for any offence against this Act

or any regulations made thereunder.

(6) The punishments provided in this

Act shall apply unless the fact constitutes a

more serious offence under the Criminal

Code or any other law, in which case the

provisions of the Criminal Code or of such

other law shall apply.

(7) Notwithstanding the provisions of

the Criminal Code, proceedings for an

offence against this Act or regulations made

thereunder shall be barred by prescription by

the lapse of six years.".

Immediately after article 76 of the principal Act there shall

be added the following new article 76A

" Power of the

76A. (1) The Authority may issue

Authority to

directives as may be required for the carrying

issue

into effect of the provisions of this Act and of

directives.

any regulations made hereunder.

(2)

The Authority may amend or

revoke such directives.".

Article 78 of the principal Act shall be amended as

(a)

in subarticle (2) thereof -

(i) in paragraph (a) thereof, for the words "the

issue, suspension and cancellation of a licence under this

Act" there shall be substituted the words "the issue,

imposition of conditions on, suspension, and cancellation

of any licence under this Act" and for the words "in case of

the cancellation or suspension of" there shall be substituted

the words "in case of the suspension or cancellation of";

(ii) in paragraph (b) thereof, for the words

"games, including the payment of stakes and, or prizes in

games;", there shall be substituted the words "games,

specified categories of games or specified games, and all

matters related thereto including the payment of stakes,

payout percentages and, or prizes or winnings in games;";

(iii) paragraph (c) thereof shall be substituted by

the following paragraph

"(c) regulate the manufacture, assembly,

placing on the market, distribution, supply, sale,

lease, transfer, maintenance, servicing, repair,

display, hosting, making available for use, use,

operation, monitoring, control and supervision of,

and other activities or services related to, gaming

devices, specified categories of gaming devices

or specified gaming devices

Provided that such regulations may

empower the Authority to prescribe the

procedures to be followed for the carrying out of

all or part of any of the aforementioned activities

or services;";

(iv) in paragraph (h) thereof, for the words "one

million and one hundred and sixty-four thousand and six

hundred and eighty-six euro and seventy cents

(1,164,686.70)", there shall be substituted the words "one

million and one hundred and sixty-five thousand euro

(€1,165,000)";

(v) in paragraph (i) thereof, for the words "at any

time; and" there shall be substituted the words "at any

time, prescribe the specifications applicable to the

premises or venue from or in which commercial tombola

(bingo) can be offered, promoted, operated or sold,

including but not limited to the establishment of rules or

policies regulating, amongst others, the location, size,

type, layout, design, signage and facilities of such premises

or venue as well as the activities which may be offered,

promoted, operated, sold or carried out in or from such

premises or venue;";

(vi) paragraph (j) thereof shall be renumbered as

paragraph (o);

(vii) immediately after paragraph (i) thereof, there

shall be added the following new paragraphs

"(j) limit the number of licences referred

to in article 7(1) which may be granted and be in

force at any time;

(k) prescribe the minimum requirements,

qualifications and other criteria to be fulfilled in

order for a person to be granted a licence,

authorisation or approval under the Act;

(l) prescribe the specifications applicable

to the premises or venue from or in which a game

can be offered, promoted, operated or sold,

including but not limited to the establishment of

rules or policies regulating, amongst others, the

location, size, type, layout, design, signage and

facilities of such premises or venue as well as the

type of games or activities which may be offered,

promoted, operated, sold or carried out in or from

such premises or venue;

(m) provide for the setting up of a fund, to

be styled as the "Responsible Gaming Fund", to

which there shall be credited such percentage of

taxes and, or gross fees paid by licensees or

specific categories of licensees as may be

specified in such regulations for the purpose of

promoting responsible gaming, including but not

limited to the provision of grants for projects,

activities, research and educational programmes

relating to responsible gaming;

(n) provide for fees, duties, taxes and, or

other sums leviable in respect of the manufacture,

assembly, placing on the market, distribution,

supply, sale, lease, transfer, maintenance,

servicing, repair, display, hosting, making

available for use, use, operation, monitoring,

control and supervision of, and other activities or

services related to, gaming devices, specified

categories of gaming devices or specified gaming

devices; and";

(b)

in subarticle (5) thereof -

(i) for the words "to regulate the placing on the

market, manufacture, supply, maintenance, use, operation,

control and supervision of, and other matters relating to,

amusement machines or specified categories of amusement

machines or specified amusement machines and," there

shall be substituted the words "to regulate the manufacture,

assembly, placing on the market, distribution, supply, sale,

lease, transfer, maintenance, servicing, repair, display,

hosting, making available for use, use, operation,

monitoring, control and supervision of, and other activities

or services related to, amusement machines, specified

categories of amusement machines, specified amusement

machines, amusement games, specified categories of

amusement games or specified amusement games, and";

(ii) in paragraph (a) thereof, for the words "may

only be placed on the market, manufactured, supplied,

maintained and, or operated by a person" there shall be

substituted the words "may only be manufactured,

assembled, placed on the market, distributed, supplied,

sold, leased, transferred, maintained, serviced, repaired,

displayed, hosted, made available for use, used, operated,

monitored, controlled or supervised by a person";

(iii) in paragraph (c) thereof, for the words "and,

or the placing on the market, manufacture, supply,

maintenance, use and, or operation thereof be, or be made,

under the supervision of the Authority and of inspectors;",

there shall be substituted the words

"and, or the manufacturing, assembly,

placing on the market, distribution, supply, sale,

lease, transfer, maintenance, servicing, repair,

display, hosting, making available for use, use,

operation, monitoring, control or supervision

thereof be, or be made, under the supervision or

control of the Authority and of inspectors

Provided that such regulations may

empower the Authority to prescribe the

procedures to be followed for the carrying out of

all or part of any of the aforementioned activities

or services;";

(iv) in paragraph (d) thereof, for the words "in

respect of the placing on the market, manufacture, supply,

maintenance, use and, or operation of such" there shall be

substituted the words "in respect of the manufacturing,

assembly, placing on the market, distribution, supply, sale,

lease, transfer, maintenance, servicing, repair, display,

hosting, making available for use, use, operation,

monitoring, control or supervision of";

(v) in paragraph (e) thereof, for the words "the

sale, purchase, placing on the market, supply and, or

manufacture" there shall be substituted the words "the

manufacturing, placing on the market, distribution, supply,

sale, transfer, making available for use, use, and, or

purchase";

(vi) paragraph (g) thereof shall be substituted by

the following paragraph

"(g) prescribe the specifications applicable

to the premises or venue from or in which an

amusement game can be offered, promoted,

operated or sold, including but not limited to the

establishment of rules or policies regulating,

amongst others, the location, size, type, layout,

design, signage and facilities of such premises or

venue as well as the type of games or activities

which may be offered, promoted, sold, operated

or carried out in or from such premises or

venue;";

(vii) in paragraph (h) thereof, for the words

"games are played fairly.", there shall be substituted the

words "games are played fairly; and"; and

(viii) immediately after paragraph (h) thereof,

there shall be added the following new paragraph

"(i) prescribe the minimum age of persons

permitted to use amusement machines, specified

categories of amusement machines, specified

amusement machines, amusement games,

specified categories of amusement games or

specified amusement games."; and

(c)

in subarticle (8) thereof, the words "two hundred

and thirty-thousand and nine hundred and thirty-seven euro and

thirty-four cents (232,937.34)" shall be substituted by the words

"two hundred and thirty-five thousand euro (€235,000.00)" and

the words "provisions of such regulations." shall be substituted

by the words "provisions of such regulations and, or the seizure,

removal, confiscation, destruction or disabling of gaming

devices, amusement machines or any equipment or software

related or connected thereto.".

The Fifth Schedule to the principal Act shall be repealed.

Repeal of Fifth

Schedule to the

principal Act.

PART II

Repeal of Government Lotteries Act

This Part repeals the Government Lotteries Act and the Repeal of

Government

regulations made thereunder.

Lotteries Act.

The Government Lotteries Act and all regulations made Repeal of

Government

thereunder are hereby repealed.

Lotteries Act.

PART III

Amendments to the Trading Licences Act

This Part amends the Trading Licences Act, and it shall be Amendments to

read and construed as one with the Trading Licences Act, hereinafter the

Trading

Licences Act.

in this Part referred to as "the principal Act".

In subarticle (1) of article 20 of the principal Act, for the Amendment of

words "permit from the Local Council." there shall be substituted the article

21 of the

principal Act.

words "permit from the Local Council:", and immediately thereafter

there shall be added the following proviso

"Provided that the holding of small

games and tombola shall, in addition, be

subject to obtaining any licence or

authorisation which may be required under

the Lotteries and Other Games Act, or the

Public Lotto Ordinance, as the case may be.".

Passed by the House of Representatives at Sitting No. 177 of the

14th December, 2009.

L OUIS G ALEA

Speaker

P AULINE A BELA

Clerk to the House of Representatives