ACT No. XV of 2011 AN ACT to amend the Gaming Act and the Lotteries and Other Games Act.

I assent.

G EORGE A BELA

(L.S.)

President

29th July, 2011

ACT No. XV of 2011

AN ACT to amend the Gaming Act and 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 Gaming and Lotteries Acts

(Amendment) Act, 2011.

PART I

AMENDMENTS TO THE GAMING ACT

This Part amends the Gaming Act, and it shall be read and

construed as one with the Gaming Act, hereinafter in this Part

referred to as "the principal Act".

In sub-article (3) of article 15 of the principal Act, for the

words "A casino licence remains in force for", there shall be

substituted the words "A casino licence remains in force for up to".

Sub-article (3) of article 16 of the principal Act shall be Amendment of

substituted by the following

"(3) Determinations and variations under sub-article (1)

shall not be made at intervals of less than twelve months.".

Immediately after article 42 of the principal Act, there Addition of new

shall be added the following new article

42A. (1) The Authority may, with the

concurrence of any licensee or holder of a permit

issued in terms of article 36 who contravenes a

condition of his licence or, as the case may be, of

his permit, or any directive issued by the Authority

in terms of this Act or of regulations made

thereunder and applicable to such licensee or, as

the case may be, to such permit holder where such

contravention amounts to an offence against this

Act, impose administrative penalties or sanctions

upon such licensee or holder of a permit as an

alternative to proceedings in Court.

(2) For the purposes of sub-article (1),

where the Authority decides to exercise its powers

thereunder, the Authority shall enter into an

agreement in writing with the offender whereby the

said offender pays a sum which shall not exceed

two hundred and thirty-five thousand euro

(€235,000.00), as the Authority shall determine,

and upon the signing of any such agreement

between the Authority and the offender, all

criminal liability of the offender under this Act,

with regard to the offence or offences in relation to

which the agreement has been entered, shall be

extinguished

Provided that any such agreement and

the provisions of this article shall be without

prejudice to the power of the Authority, where

applicable, to cancel or suspend the licence held by

the offender in terms of the provisions of this Act

relating to cancellation or suspension of the

relevant licence.

(3) The provisions of sub-article (2) shall

apply also in any case where the offender has been

charged before a Court in relation to the offence,

but before final judgement has been given in the

case.

(4) Any sum due by virtue of an agreement

entered into in terms of sub-article (2) shall be due

to the Authority as a civil debt. The Authority shall

not enter into an agreement as is referred to in sub-

article (2), unless such agreement is accompanied

by the payment of the sum due or by an adequate

and sufficient security for its payment.".

Immediately after paragraph (g) of article 50 of the

principal Act, there shall be added the following new paragraph

"(h) re g ulate the operations of casinos on a voluntary basis, on

board aircrafts and cruise ships re g istered in Malta and, or other

cruise ships which berth in a Maltese port and determine the tax

and licence fees which shall apply to such operations as w e l l as

determine which provisions of this Act s ha l l either apply or not apply

for such operations

Provided that for the purposes of this paragraph the

term cruise ship s h a l l mean a passenger ship used for pleasure

voyages with a minimum of t h r e e ports of call in three different

jurisdictions which may or may not include Malta, having i t s

own amenities, that include lodging facilities for all passengers,

and a minimum capacity of one hundred and fifty (150)

passengers

Provided further that cruise ships, which shall be

given an authorisation to operate their casinos while they are

berthed in Malta, shall solely allow passengers who are

registered for such a voyage to board such ship during such

time

Provided further that ferry boats used for

transporting passengers and, or cargo shall be excluded from

this term.".

PART II

AMENDMENTS TO THE LOTTERIES

AND OTHER GAMES ACT

This Part amends the Lotteries and Other Games Act, and

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

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

Sub-article (1) of article 2 of the principal Act shall be

amended as follows

(a)

immediately after the definition "amusement game"

there shall be added the following new definition

" "amusement game with prize" means a game

played by means of an amusement machine with prize;";

(b) in the definition "amusement machine token",

immediately after the words "in amusement machines" there

shall be added the words "or amusement machines with prize";

(c)

immediately after the definition "amusement

machine token" there shall be added the following new

definition

" "amusement machine with prize" means any type

of machine, whether operated electrically, electronically,

mechanically, manually or otherwise, used for the purpose

of playing games exclusively for amusement purposes and

not for gambling purposes, and which is operated by the

insertion of money or any amusement machine token, and

where in the operation thereof a successful player receives

or is offered a prize in money or of a monetary value;"; and

(d) immediately after the definition "seasonal tombola

(bingo) hall licence" there shall be added the following new

definition

" "skill game" or "game of skill" means a game for money

or money’s worth the results of which depend, mainly, on the

skill of the participant, but does not include a sport event;".

Article 7 of the principal Act shall be amended as follows

Amendment of

article 7 of the

principal Act.

(a)

in the marginal note thereof, for the words "Placing

on the market, etc., of relevant gaming devices." there shall be

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

gaming devices, amusement machines and amusement

machines with prize.";

(b) sub-article (3) thereof shall be renumbered as sub-

article (5);

(c)

immediately after sub-article (2) thereof, there shall

be added the following new sub-articles

"(3) No person shall manufacture, assemble, place

on the market, distribute, supply, sell, lease, transfer, make

available for use, host or operate any amusement machine

or amusement machine with prize, or any part or parts

thereof, unless such person is in possession of a valid

licence to this effect issued by the Authority or unless such

person is exempted from such licensing requirement in

respect of such amusement machine or amusement

machines with prize or such activity in terms of regulations

made under this Act.

(4) An application for a licence to manufacture,

assemble, place on the market, distribute, supply, sell,

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

amusement machine or amusement machine with prize, or

any part or parts thereof, shall be made in such form and

manner required by the Authority or as prescribed by

regulations, and in granting such licence the Authority may

subject it to such conditions as it may deem appropriate or

as may be prescribed by regulations. The Authority may

order the cancellation, suspension, or imposition of any

condition on any such licence in such circumstances as

may be prescribed by regulations or in the said licence.";

and

(d) in sub-article (5) thereof, as re-numbered, for the

words "sub-article (1)" there shall be substituted the words

"sub-articles (1) and (3)".

Immediately after paragraph (m) of article 11 of the

principal Act, there shall be added the following new paragraph

"(n) to enter into bilateral or multilateral agreements or

memoranda of understanding with other local or overseas

regulatory authorities, or other government agencies, for

various matters including but not limited to exchange of

information and other forms of collaboration.".

Article 18 of the principal Act shall be amended as

(a)

in paragraph (a) of sub-article (1) thereof -

(i) immediately after the words "amusement

machine," wherever they occur there shall be added the

words "amusement machine with prize,"; and

(ii) for the words "amusement games" wherever

they occur there shall be substituted the words "amusement

games or amusement games with prize";

(b)

in paragraph (b) of sub-article (1) thereof -

(i) in sub-paragraph (i) thereof, for the words

"the operation of games or amusement games", there shall

be substituted the words "the operation of authorised

games"; and

(ii) in sub-paragraph (ii) thereof, immediately

after the words "or amusement games", there shall be

added the words "or amusement games with prize";

(c)

in paragraph (c) of sub-article (1) thereof,

immediately after the words "or amusement machine" there

shall be added the words "or amusement machine with prize"

and immediately after the words "or amusement games" there

shall be added the words "or amusement games with prize";

(d) in paragraph (d) of sub-article (1) thereof,

immediately after the words "or amusement games" there shall

be added the words "or amusement games with prize"; and

immediately after the words "or amusement machine" there

shall be added the words "or amusement machine with prize";

(e)

in sub-paragraph (ii) of paragraph (f) of sub-article

(1) thereof immediately after the words "or amusement games"

there shall be added the words "or amusement games with

prize"; and

(f)

immediately after sub-article (3) thereof, there shall

be added the following new sub-article

"(4) The licensee shall bear the cost of any

inspection and investigation held by the Authority through

its inspectors, other Authority officers or third parties

appointed by the Authority. The Authority shall have the

right to impose any reasonable administrative fee or charge

in order to cover its costs in terms of this sub-article.".

In article 20 of the principal Act, immediately after the Amendment of

words "amusement game" there shall be added the words "or article

principal Act.

amusement game with prize".

In sub-article (1) of article 67 of the principal Act, for the Amendment of

words "two years" there shall be substituted the words "five years", article

principal Act.

and in the first proviso thereto, for the words "three years" there shall

be substituted the words "six years".

In sub-article (2) of article 68 of the principal Act, the

words "and shall not be less than seven thousand euro (€ 7000.00)"

shall be deleted.

Article 78 of the principal Act shall be amended as

follows

(a)

in sub-article (3) thereof, immediately after the

words "specified games", there shall be added the words "and,

or skill games";

(b) in paragraph (c) of sub-article (3) thereof,

immediately after the words "such games", there shall be added

the words "and, or skill games";

(c)

in paragraph (d) of sub-article (3) thereof,

immediately after the words "such games", there shall be added

the words "and, or skill games";

(d) in sub-article (5) thereof, immediately after the

words "specified amusement machines," there shall be added

the words "amusement machines with prize," and for the words

"or specified amusement games," there shall be substituted the

words ", specified amusement games or amusement games with

prize,";

(e)

in paragraph (a) of sub-article (5) thereof,

immediately after the words "amusement machines" there shall

be added the words "or amusement machines with prize";

(f)

in paragraph (c) of sub-article (5) thereof,

immediately after the words "amusement machines" there shall

be added the words ", amusement machines with prize";

(g) in paragraph (d) of sub-article (5) thereof,

immediately after the words "amusement machines" there shall

be added the words "and, or amusement machines with prize";

(h) in paragraph (f) of sub-article (5) thereof,

immediately after the words "amusement game" there shall be

added the words "and, or an amusement game with prize";

(i)

in paragraph (g) of sub-article (5) thereof,

immediately after the words "amusement game" there shall be

added the words "and, or an amusement game with prize";

(j)

in paragraph (h) of sub-article (5) thereof,

immediately after the words "amusement games" there shall be

added the words "and, or amusement games with prize"; and

immediately after the words "amusement machines", wherever

they occur in the said paragraph, there shall be added the words

"and, or amusement games with prize"; and

(k) in paragraph (i) of sub-article (5) thereof,

immediately after the words "specified categories of amusement

machines" there shall be added the words "and, or amusement

machines with prize", and immediately after the words

"specified categories of amusement games" there shall be added

the words ", amusement games with prize

Provided that no person may make available for

use, host, or operate amusement machines with prize in any premises

unless such premises are compliant with specific premises

directives issued by the Authority

Provided further that the restrictions imposed i n the

premises directives for amusement machines with prize shall be

similar or identical to the restrictions imposed i n the premises

directives relating to gaming devices.".

Passed by the House of Representatives at Sitting No. 384 of the

19th July, 2011.

M ICHAEL F RENDO

Speaker

P AULINE A BELA

Clerk to the House of Representatives