ACT No. XLIX of 2020 AN ACT to provide for the establishment of an Authority to be known as EquestriMalta, to support the development and implementation of the guiding principles described in this Act and to promote consistent principles to defend the integrity and prestige of

I assent.

(L.S.)

GEORGE VELLA

President

23rd October, 2020

ACT No. XLIX of 2020

AN ACT to provide for the establishment of an Authority to be

known as EquestriMalta, to support the development and

implementation of the guiding principles described in this Act and to

promote consistent principles to defend the integrity and prestige of

such racing and to exercise regulatory functions and perform related

services and to make provision with respect to matters ancillary

thereto or connected therewith.

(1)

The short title of this Act is the EquestriMalta Act, Short title and

commencement.

2020. (2) Sub-article (1) of article 56 shall come into force on such date

as the Minister responsible for sports may by order in the Gazette

establish.

(1)

In this Act, unless the context otherwise requires -

Interpretation.

"the Act" means the EquestriMalta Act, 2020 and includes Act No. XLIX

any regulations made, and rules and guidelines issued of 2020.

thereunder;

"approved meeting" means a meeting at which races are

held with the approval of the Board and does not include trial

races;

"approved racecourse" means any ground used for the

purpose of a racecourse for racing with horses, and in respect of

Marsa Horse Racing shall also refer to any ground adjacent

thereto, in respect of which ground or adjacent ground, there is a

certificate of approval issued by the Authority and published in

the Gazette;

"approved racing activity" means a registered horse race as

defined in the Act;

"Authority" means EquestriMalta established by article 5

and any references in this Act or any other law to the Authority

shall, unless the context otherwise requires, be construed as

including a reference to any person authorised by the Authority

to act for or on its behalf;

"authorisation" shall include all forms of recognition as

defined in this article;

"Board" means the Board of Governors of the Authority

composed of the Chairperson and members appointed in

accordance with article 5(2);

"Chairperson" means the Chairperson of the Authority as

appointed in accordance with article 5;

"decision" includes any directive, determination, direction,

condition, measure, requirement or specification, howsoever

described, made by the Authority;

"Deputy Chairperson" means the Deputy Chairperson or

any other person appointed to act as a Deputy Chairperson in the

circumstances mentioned in article 5(3);

"directive" means a directive issued by the Authority in

terms of article 6;

"driver" means a person who holds recognition from the

Authority and is on a racetrack or a registered or unregistered

racing track for the purposes of driving horse for Harness

Racing. A driver also means a person competing in a race from

the time that the driver first sits in the sulky of the horse for

parading the horse for the race until the reins are taken by a

trainer or the trainer’s agent following the finish of a race;

"HOADA" means the Horse Owners and Drivers

Association, approved by EquestriMalta;

"jockey" means a person who holds recognition from the

Authority and is on a racetrack or a registered or unregistered

racing track for the purposes of driving horse for Thoroughbred

Racing. A jockey also means a person competing in a race from

the time that the jockey first sits in the saddle of the horse for

parading the horse for the race until the reins are taken by a

trainer or the trainer’s agent following the finish of a race;

"licence" means a permit granted by the Authority to

owners, drivers, handlers, trainers, members and horses;

"licence holder" means a person who holds a permit issued

in terms of this Act;

"Member State" means a Member State of the European

Union;

"Minister" means the Minister responsible for sports;

"operator" means any legal entity which holds a permit or

licence from the Authority to operate and manage an approved

racecourse;

"racing clubs" means any organisation recognised by the

Authority which represents racing clubs or other related bodies

which promote or conduct races or approved meetings.

"recognised association, federation or club" means an

association, federation or club that administers a sporting

discipline that involves the use of horses, and is registered as such

with the Government entity responsible for the register for sports

persons;

"recognition" means the formal recognition by the

Authority which is sought with reference to the suitability of

licence holders and others involved in racing to continue to be

licensed for the relevant year and which the Authority is entitled

to grant through or by the provision, issuance, validation,

confirmation, certification or otherwise in writing to an applicant

and includes any licence, permission, authorisation, approval,

confirmation, certification by or registration with the Authority

in terms of any special law which the Authority is entitled to

administer or enforce and the terms ''authorisation'' or

''authorisation holder'' in the provisions of this Act shall be

construed as a reference to the relevant form of recognition, or

the holder thereof, as the case may be;

"trainer" means a person holding a licence granted under

these rules to train a horse or who does other things which are

only done or usually done by trainers;

"Tribunal" means the Administrative Review Tribunal

established by article 5 of the Administrative Justice Act.

(2) The Minister, acting on the advice of the Authority, may by

regulations, and the Authority, with the consent of the Minister, may

by guidelines clarify any definition in sub-article (1) or provide

additional definitions in support of the definitions in sub-article (1).

(3) In this Act and in any regulations, directives or guidelines

made thereunder, if there is any conflict between the English and

Maltese texts, the English text shall prevail.

Part II

Guiding Principles

The Government shall, through the establishment of the Promotion and

Authority, seek the development of the horse racing sector in Malta development

the Authority’s

through proper recognition and regulation with the guiding principle of interests.

harnessing integrity of the said sport whilst at the same time securing

the horses’ welfare. This shall be done by the following means

(a) promoting Malta as a hub of excellence in sports

racing activities by ensuring the highest integrity standards for

approved racecourse and approved racing activity;

(b) in a manner ensuring that there are international

standards in place for the protection of the horses’ welfare, the

integrity of the sport and the public interest in general to be

protected against abuse and non-compliance with mandatory

laws intended for such purposes;

(c) approving or otherwise deciding on the racing

programme and setting a calendar year for approved meetings in

collaboration with the operator;

(d) determining the entrance fees of the general public to

attend such sporting events;

(e) maintaining an online register of separately

identifiable approved meetings, providing details on horses,

drivers, veterinarians and other information that the Authority

deems necessary;

(f) registering third country licence or permit holders in

accordance with and subject to the Act and who shall be subject

to the rules, obligations, penalties and offences under this Act

and the regulations and directives issued thereunder; and

(g) representing the interest of the local sports at

international fora and exchanging relevant information with

international competent authorities to safeguard the public

interest and sports integrity.

The Government shall determine Malta’s policies and

objectives with regard to the horse racing sector and shall appropriate

such funds and provide such resources as it considers necessary to

achieve such aims.

Part III

Establishment, Functions and Conduct of Affairs of the Authority

(1) There shall be a body, to be known as EquestriMalta, the

affairs and business of which shall be carried out by a Board to be

known as the Malta Racing Board, consisting of a Chairperson and

twelve (12) other members, who shall be persons of integrity who are

fit and proper to assume the responsibilities of the Authority under this

Act or under any special law which the Authority is entitled to

administer or enforce.

(2) Members of the Board shall be appointed by the Minister, and

shall hold office for such term not exceeding three (3) years, and under

such conditions as may be set out in their respective letter of

appointment

Provided that on the expiration of the term for which a person

is appointed under this sub-article, the person shall be eligible for re-

appointment.

(3)

The Board shall consist of

(a) a Chairperson and six (6) members nominated by the

Minister;

(b)

three (3) members nominated by HOADA;

(c)

one (1) member nominated by the operators;

(d) one (1) member nominated by the recognised

association, federation or club for the sport of Polo; and

(e) one (1) member nominated by the recognised

association, federation or club for equestrian sport.

(4) The Chairperson may designate one (1) of the members of the

Board as Deputy Chairperson and the member so designated shall have

all the powers and perform all the functions of the Chairperson during

the Chairperson’s absence or inability to act as Chairperson or during

any vacancy in the office of Chairperson.

(5) The number of members present at meetings of the Board

necessary to form a quorum shall be the Chairperson or Deputy

Chairperson and three (3) other members, but, subject to the presence

of a quorum, the Board may act notwithstanding any vacancy among

its members.

(6) The Board may also designate a suitably qualified person to

act as a secretary, but the secretary shall not have a vote.

(7) The Board may invite such professionals or other persons to

attend meetings of the Board and to provide information and

documentation as the Board may deem appropriate.

(8) In order to carry out its functions, the Board shall make use of

such funds as the Minister may from time to time make available to it;

as well as such funds as it may under regulations made under this Act

collect as fees or otherwise.

The Board may make its own rules and regulate its own procedure.

(9) A person shall not be qualified to hold office as a member of

the Board if he

(a) is a Minister, Parliamentary Secretary or a member of

the House; or

(b)

is a judge or magistrate of the courts of justice; or

(c) fails the due diligence checks as may be established

by order of the Minister from time to time; or

(d) has been convicted of a criminal offence affecting

public trust, or of theft or fraud, or of knowingly receiving

property obtained by theft or fraud or of bribery or of money

laundering, or is being investigated for such criminal offence; or

(e) owns, runs, administers, has an interest in or is

employed in a company licensed by the Malta Gaming Authority,

or similar authority in any other country, that offers games of

chance or gambling to the consumer.

(10) Subject to the provisions of this article, the office of a member

of the Board shall become vacant –

(a)

at the expiration of his term of office; or

(b) if any circumstances arise that, if he were not a

member of the Board, would cause him to be disqualified for

appointment as such.

(11) A member of the Board may only be removed from office by

the Minister for any one or more of the following reasons

(a) if the member due to infirmity of mind or of body or

for any other cause is effectively unable to continue to discharge

his duties as a member; or

(b) if the behaviour or performance of the member brings

into question his suitability or ability to continue as a member, in

particular for behaviour that affects or may affect his reputation,

independence or autonomy, or the reputation, independence or

autonomy of the Authority; or

(c) if the member fails to perform his duties for a

prolonged period without any valid justification and it shall be a

cause for the removal of a member if that member for any reason

fails to perform his duties, including attending Board meetings,

for a continuous period exceeding six (6) months.

(12) If the Minister removes a member of the Board from office,

such removal shall be made public by no later than the effective date of

removal from office. At the same time, the Minister shall provide the

member concerned with a statement of reasons for his removal, and

the member shall have the right to request that the statement of reasons

for his removal be made public, in which case the Minister shall

publish such statement.

(13) If a member resigns or if the office of a member of the Board

is otherwise vacant or if a member is for any reason unable to perform

the functions of his office, the Minister may appoint a person who is

qualified to be appointed to be a member to be a temporary member of

the Board; and any person so appointed shall cease to be such a

member when a person has been appointed to fill the vacancy or, as the

case may be, when the member who was unable to perform the

functions of his office resumes those functions.

(14) Any member of the Board who has any direct or indirect

interest in any decision or contract made or proposed to be made by the

Board, not being an interest which disqualifies such member from

remaining a member, shall disclose the nature of his interest at the first

meeting of the Board after the relevant facts have come to his

knowledge; such disclosure shall then be recorded in the minutes of

the Board, and the member having an interest as aforesaid shall

withdraw from any meetings at which such decision or contract is

discussed, if deemed necessary by the Chairperson. Any such

disclosure shall be communicated to the Minister without delay. Where

the interest of the member is such as to disqualify the person from

remaining a member, the person shall report the fact immediately to

the Minister and tender his resignation.

(15) With reference to conflicts of interest, the Board shall, with

the consent of the Minister, issue guidelines which shall determine

which conflicts of interest require a Board member’s resignation.

(1) It shall be the purpose of the Authority to achieve the Purpose,

principles and objectives outlined in Part II entitled "Guiding functions

powers of the

Principles".

Authority.

(2) It shall also be the duty of the Authority to exercise such

supervisory and regulatory functions in horse racing and related sport

activity as may from time to time be assigned to the Authority by any

special law.

(3) The Authority shall, without prejudice to any other power or

function conferred upon it by this Act or any other law, and in

accordance with any laws which may be applicable to it, be

responsible to

(a) establish procedures for the registration of horses to

participate in approved meetings;

(b)

keep an up to date register of horses that may

participate in approved meetings;

(c) coordinate and formulate a programme of approved

meetings in collaboration with the operator;

(d)

publish the annual fixture list and associated

programme details of approved meetings in collaboration with

the operator;

(e)

determine the prize monies for each race in an

approved meeting in collaboration and in agreement with the

operator;

(f)

administer races, and to appoint stewards and judges

and make regulations relating to the conduct for horse racing on

an approved racecourse;

(g) determine the entrance fees for the attendance of the

general public for approved meetings as it may establish from

time to time;

(h)

approve applications for the issuance of all

applicable permits and licences in terms of this Act;

(i)

determine and collect all applicable permits and

licence fees due as it may establish from time to time;

(j)

carry out all such things as may be necessary to

protect the integrity of the sport, including but not limited to

doping control and the appropriate treatment of horses and by

making and continually updating the regulations related to the

governance and ethics of racing;

(k)

deal, through disciplinary committees appointed

under article 11 of this Act, with cases of misconduct and other

disciplinary proceedings in respect of licence or permit holders

including cases leading to the suspension or withdrawal of any

licence or permit issued under this Act. This includes the

Authority’s power to initiate and conduct investigations in

relation to permit and licence holders and the right of the

Authority to take appropriate action, wherever necessary;

(l)

maintain, update and enforce the list of approved

horse racing activities established in this Act;

(m) operate an appropriate system of quality assurance

and to uphold the integrity of the sports and in particular

operators in adherence to this Act;

(n) inform any authority that it deems appropriate of any

sanctions or restrictions imposed by it or of any other matters

which the Board considers necessary to protect the public

interest, in respect of any licence holder;

(o) carry out all such things as may be necessary to meet

the obligations arising from the Mutual Recognition of Permits

and Licences in other countries;

(p)

cooperate with other competent authorities;

(q) publish guidelines on the interpretation of this Act

and the regulations and directives issued thereunder;

(r)

take such measures as may be reasonably necessary

to protect the public interest and the integrity of the sports racing

activity including the placing of restrictions, the imposition of

fines and other similar measures on licence or permit holders;

and

(s)

advise, or make recommendations or otherwise

express its views to the Minister on any matter on which the

Minister is to consult with the Board or on which the Board is to

make recommendations to the Minister or on which the views of

the Board are sought by the Minister

Provided that it shall be the responsibility of the

operator to distribute prize monies and to receive and process

racing entries at approved meetings

Provided further that if there is disagreement

between the Authority and the operator regarding paragraphs (c),

(d) and (e) above, the Authority shall give its decision which

decision may be appealed by the operator in terms of the Act.

(4) It shall be the duty of the Authority to carry out its functions

as established by or under this Act or any other law in an impartial,

transparent and timely manner and to ensure compliance therewith.

Without prejudice to the generality of the foregoing, it shall also be the

duty of the Authority to ensure that, to the extent they are so bound,

persons comply with this Act and with any other special law which the

Authority is entitled to administer or enforce, and with any decisions

issued by or under this Act or any such other special law.

(5) The Authority shall also have such other functions,

responsibilities and powers as are set out by or under this Act or as

may be assigned to it by or under any other law from time to time

including all such powers as are necessary for or incidental to the

performance of its functions by or under this Act or any other law.

(6) The Authority shall in the carrying out of its functions seek to

ensure that the measures taken are proportionate having regard also to

the objectives of the Authority and the aims which such measures are

intended to achieve.

(1) The affairs and business of the Authority shall be the

responsibility of the Board which responsibility shall be exercised

through the Chairperson

Provided that the Board may delegate or devolve all or part of

the executive conduct of the Authority, its administration and

organisation and the administrative control of its officers and

employees, to a Chief Executive Officer or any other officer or officers

of the Authority, who shall also have such other powers as may from

time to time be delegated or devolved to him or to them by the Board.

(2) The Authority shall exercise its functions through such officer

or officers as the Board may from time to time designate in accordance

with the provisions of sub-article (1).

(3) The Authority may exercise any one or more of its functions

either directly or through any of its officers or employees or through an

agency authorised for that purpose, or through a contractor or other

person with whom an agreement for the performance of any one or

more of such functions has been entered into

Provided that nothing in this sub-article shall authorise the

Authority to contract out or delegate any of

(a)

its regulatory functions; or

(b) its recognition or authorisation functions, unless such

functions are expressly delegated to another public authority

established by law.

(1) Except as expressly provided for in other provisions of

this Act, the Authority shall act independently and shall not seek or

take instructions from any other body or person.

(2) (a) The Minister may, in relation to matters that appear to

affect the public interest, from time to time give to the Authority

policy directions in writing of a general character, not inconsistent

with the provisions of this Act, on the policies to be followed in the

carrying out of the functions vested in the Authority by or under this

Act.

(b) In determining policies which are the subject of a

Ministerial direction, the Board shall respect the principles reflected

by the policy direction given to it by the Minister.

The Authority shall afford to the Minister facilities for obtaining

information with respect to its property and activities, other than

matters which are confidential to any applicant or regulated person,

and furnish the Minister with returns, accounts and other statistical

information with respect thereto, and afford to him facilities for the

verification of information furnished, in such manner and at such times

as he may reasonably require.

(1) The Authority shall be a body corporate having a Legal

distinct legal personality and shall be capable, subject to the provisions personality

representation

of this Act, of entering into contracts, of acquiring, holding and of the Authority.

disposing of any kind of property for the purposes of its functions, of

suing and being sued, and of doing all such things and entering into all

such transactions as are incidental or conducive to the exercise or

performance of its functions under this Act, including the lending or

borrowing of money.

(2) The legal and judicial representation of the Authority shall

vest in the Chairperson

Provided that the Authority may appoint one (1) or more

members of the Board, the Chief Executive Officer, if any, or one (1)

or more officers of the Authority to appear in the name or on behalf of

the Authority in any judicial proceedings and in any act, contract,

instrument or other document whatsoever.

(3) Any document purporting to be an instrument made or issued

by the Authority and signed by the Chairperson, or such other member

of the Board, the Chief Executive Officer, if any, or officer of the

Authority as may, in accordance with sub-article (2), be vested by the

Board with the legal and judicial representation of the Authority, shall

be received in evidence and shall, until the contrary is proved, be

deemed to be an instrument made or issued by the Authority.

(1) The meetings of the Board shall be called by the Meetings.

Chairperson as often as may be necessary but at least once (1) a month

either on the Chairperson’s own initiative or at the request of any two

(2) of the other members of the Board.

(2)

Decisions shall be adopted by a simple majority of the votes

of the members present and voting. The Chairperson, or in his absence

the Deputy Chairperson or other person appointed to act as

Chairperson, shall have an initial vote and, in the event of an equality

of votes, a casting vote. Without prejudice to the other requirements of

this Act, no decision shall be valid which is not supported by at least

two members of the Board.

(3) Subject to the foregoing provisions of this article, no act or

proceeding of the Authority shall be invalidated merely by reason of

the existence of any vacancy among the members of the Board.

(4) All acts done by any person acting in good faith as a member

of the Board shall be valid as if he were a member notwithstanding that

some defect in his appointment or qualification be afterwards

discovered. No act or proceeding of the Authority shall be questioned

on the ground of the contravention, by a member, of the provisions of

article 5(9).

(1) The Board of the Authority may establish committees of

the Board, composed of members of the Board and other persons who

may be invited to participate in the committee, to address particular

issues as may be assigned to it by the Board.

(2) The Board may also establish a National Sports Racing Ethics

and Disciplinary Committee for the purpose of ensuring that the proper

standards of ethics are reflected in the area of sports racing which are

recognised by the Authority. The Sports Racing Ethics and

Disciplinary Committee shall have the functions and shall be

composed of the persons as may be determined by the Board.

In carrying out its functions under this Act and any special

law that the Authority is entitled to administer or enforce, the

Authority shall pay regard to the nature and features of the sport which

fall within its competence and shall seek to reflect such elements in its

policies and administration.

Part IV

Officers and Employees of the Authority

Without prejudice to the other provisions of this Act, the

Authority shall appoint and employ, at such remuneration and upon

such terms and conditions as it may establish, such officers and

employees of the Authority as may from time to time be necessary for

the due and efficient discharge of the functions of the Authority.

Employees include starters, stewards, dope testing personnel and

paddock officers who are responsible to ensure the integrity of racing

on the race day and any other technical, administration and finance

employees as necessary for the efficient operation of the Authority.

Public Officers.

All officers and employees of the Authority shall be deemed

t o b e p u b l i c e m p l o y e e s w i t h i n t h e m e a n i n g o f t h e P u b l i c Cap. 595.

Administration Act and shall be considered to be public officers as

defined in article 124 of the Constitution for the purposes of the

Criminal Code or any other law of a criminal nature.

Part V

Financial Provisions

(1) Without prejudice to the following provisions of this Authority to

article, the Authority shall so conduct its affairs so that the expenditure meet

expenditure out

required for the proper performance of its functions shall, as far as of revenue.

practicable, be met out of its revenue including the contributions from

the operators.

(2) In furtherance of the provisions of sub-article (1), the

Authority shall levy all fees, rates and other payments prescribed

under this Act or any other law related to the powers and functions of

the Authority.

(3) The Authority shall be paid by Government out of the

Consolidated Fund such sums as Parliament may from time to time

authorise to be appropriated to meet the operational costs and other

costs to enable the Authority to carry out its functions.

(4) Any excess of revenue over expenditure shall, subject to such

directives as the Minister, after consultation with the Minister

responsible for finance may from time to time give, be applied by the

Authority to the formation of reserve funds to be used for the purposes

of the Authority; and without prejudice to the generality of the powers

given to the Minister by this sub-article, any direction given by the

Minister as aforesaid may order the transfer to the Government, or the

application in such manner as may be specified in the direction, of any

part of the fees, rates and other payments levied in accordance with

sub-article (2) or any such excess as aforesaid.

(5) Any funds of the Authority not immediately required to meet

expenditure may be invested by the Authority in such manner as may

from time to time be approved by the Minister.

(1) For the purpose of carrying out any of its functions Power to

under this Act or any other special law which the Authority is entitled borrow

capital.

to administer or enforce, the Authority may, with the approval in

writing of the Minister given with the concurrence of the Minister

responsible for finance, borrow or raise money in such manner, from

such person, body or authority, and under such terms and conditions as

the Minister, after consultation as aforesaid, may approve in writing.

(2) The Authority may also, from time to time, borrow, by way of

overdraft or otherwise, such sums as it may require for carrying out its

functions under this Act or any other special law which the Authority

is entitled to administer or enforce.

The Minister responsible for finance may, after consultation

with the Minister, make advances to the Authority of such sums as he

may agree to be required by the Authority for carrying out any of its

functions under this Act or any other special law which the Authority

is entitled to administer or enforce, and may make such advances on

such terms and conditions as he may, after consultation as aforesaid,

deem appropriate. Any such advance may be made by the Minister

responsible for finance out of the Consolidated Fund, and without

further appropriation other than this Act, by warrant under his hand

authorising the Accountant General to make such advance.

(1) The Minister, with the concurrence of the Minister

responsible for finance, may, for any requirements of the Authority of

a capital nature, contract or raise loans, or incur liabilities, for such

periods and on such terms and conditions as he may deem appropriate;

and any sums due in respect of or in connection with any such loan or

liability shall be a charge on the Consolidated Fund.

(2) Notice of any loans, liabilities or advances made or incurred

under the foregoing provisions of this article shall be given to the

House and the relative documentation shall be laid on the Table of the

House as soon as practicable.

(1) The Authority shall cause to be prepared in every

financial year and shall, not later than three (3) months after the end of

each such year, adopt estimates of the income and expenditure of the

Authority for the next following financial year

Provided that the estimates for the first financial year of the

Authority shall be prepared and adopted within such time as the

Minister may by notice in writing to the Authority specify.

(2) In the preparation of such estimates the Authority shall take

account of any funds and other monies that may be due to be paid to it

out of the Consolidated Fund during the relevant financial year,

whether by virtue of this Act or of an appropriation Act or of any other

law; and the Authority shall prepare the said estimates so as to ensure

that the total revenues of the Authority are at least sufficient to meet all

sums properly chargeable to its revenue account including, but without

prejudice to the generality of that expression, depreciation.

(3) The estimates shall be made out in such form and shall

contain such information and such comparison with previous years as

the Minister responsible for finance may direct.

(4) A copy of the estimates shall, upon their adoption by the

Authority, be sent forthwith by the Authority to the Minister.

(5) The Minister shall, at the earliest opportunity and not later

than three (3) months after receiving a copy of the estimates from the

Authority, approve the same with or without amendment.

(1) No expenditure shall be made or incurred by the Expenditure to

Authority unless it has been approved by the Minister as provided in be

approved

article 15.

estimates.

(2)

Notwithstanding the provisions of sub-article (1) -

(a) until the expiration of six (6) months from the

beginning of a financial year, or until the approval of the

estimates for that year by the Minister, whichever is the earlier

date, the Authority may make or incur expenditure for carrying

out its functions under this Act or any other special law which

the Authority is entitled to administer or enforce not exceeding

in the aggregate one-half of the amount approved by the Minister

for the preceding financial year;

(b) expenditure approved in respect of a head or sub-

head of the estimates may, with the approval of the Minister,

given with the concurrence of the Minister responsible for

finance, be made or incurred in respect of another head or sub-

head of the estimates;

(c) in respect of the first financial year, the Authority

may make or incur expenditure not exceeding in the aggregate

such amounts as the Minister responsible for finance may, after

consultation with the Minister, allow;

(d) if in respect of any financial year it is found that the

amount approved by the Minister is not sufficient or a need has

arisen for expenditure for a purpose not provided for in the

estimates, the Authority may adopt supplementary estimates for

approval by the Minister and in any such case the provisions of

this Act applicable to the estimates shall mutatis mutandis apply

and as near as practicable apply to the supplementary estimates.

The Minister shall, at the earliest opportunity and not later Publication of

than three (3) months after receiving a copy of the estimates and approved

estimates.

supplementary estimates of the Authority, or if at any time during that

period the House is not in session, within three (3) months from the

beginning of the next following session, cause such estimates to be

laid on the Table of the House.

(1) The Authority shall cause to be kept proper accounts

and other records in respect of its operations, and shall cause to be

prepared a statement of accounts in respect of each financial year.

(2) The accounts of the Authority shall be audited by an auditor

or auditors to be appointed by the Authority and approved by the

Minister

Provided that the Minister may, prior to approving the

accounts, require the books and accounts of the Authority to be audited

or examined by the Auditor General who shall for the purpose have the

power to carry out such physical checking and other certifications as

he may deem necessary.

(3) The Authority shall, not later than three (3) months after the

end of each financial year, cause a copy of the statement of accounts

duly audited to be transmitted to the Minister together with a copy of

any report made by the auditors on that statement or on the accounts of

the Authority.

(4) The Minister shall, at the earliest opportunity and not later

than three (3) months after receiving a copy of every such statement

and report, or if at any time during that period the House is not in

session, within three (3) months from the beginning of the next

following session, cause every such statement and report to be laid on

the Table of the House.

(1) All monies accruing to the Authority shall be paid into a

bank or banks appointed as bankers of the Authority by a resolution of

the Authority. Such monies shall, as far as practicable, be paid into any

such banks from day to day, except such sum as the Authority may

authorise to be retained to meet petty disbursements and immediate

cash payments.

(2) All payments out of the funds of the Authority, other than

petty disbursements not exceeding a sum fixed by the Authority, shall

be made by such officer or officers of the Authority as the Authority

shall appoint or designate for that purpose.

(3) Cheques against and withdrawals from any bank account of

the Authority shall be signed by such officer of the Authority as may

be appointed or designated by the Authority for that purpose and shall

be countersigned by the Chairperson, or such other member of the

Board or officer of the Authority as may be authorised by the

Authority for that purpose.

(4)

The Authority shall also make provision with respect to

(a) the manner in which and the officer or officers by

whom payments are to be authorised or approved;

(b) the title of any account held with the bank or banks

into which the monies of the Authority are to be paid, and the

transfer of funds from one account to the other;

(c) the method to be adopted in making payments out of

funds of the Authority, and generally with respect to any matter

which is relevant to the proper keeping and control of the

accounts and books, and the control of the finance, of the

Authority.

Without prejudice to any directions communicated by the Contracts of

Minister under article 8(2)(a), the Authority shall not, except with the supply of works.

approval of the Minister granted for special reasons and after

consultation with the Minister responsible for finance, award or enter

into any contract for the supply of goods or materials or for the

execution of works, or for the rendering of services, to or for the

benefit of the Authority, which is estimated by the Authority to exceed

one hundred and forty-four thousand euro (€144,000) in value, or such

other amount as the Minister responsible for finance may by

regulations prescribe, except after notice of the intention of the

Authority to enter into the contract has been published and in

conformity with the provisions of the Public Finance Management Act Cap. 601.

and regulations made thereunder.

The Authority shall, not later than three (3) months after the Annual Report.

end of each financial year, make and transmit to the Minister and to the

Minister responsible for finance a report dealing generally with the

activities of the Authority during that financial year and containing

such information relating to the proceedings and policy of the

Authority as either of the said Ministers may from time to time require.

The Minister shall, at the earliest opportunity and not later than three

(3) months after he has received a copy of every such report, or if at

any time during that period the House is not in session, within three (3)

months from the beginning of the next following session, cause a copy

of every such report to be laid on the Table of the House.

(1) An authorisation holder or persons acting on his behalf Money

or under an arrangement with him shall fulfil any prevention of money laundering.

laundering and the combating of funding of terrorism obligations as

may be imposed on them by means of regulations made under article

12 of the Prevention of Money Laundering Act.

(2) Where the Authority discovers facts or obtains information

that is related to transactions which are known or suspected to be

related to proceeds of criminal activity or the funding of terrorism, or

to a person who may have been, is or may be connected with money

laundering or the funding of terrorism, the Authority shall disclose

those facts or that information, supported by the relevant

documentation that may be available, to the Financial Intelligence

Analysis Unit in a timely manner.

(3) Where through its monitoring, or through any other means,

the Authority notices that there are areas of arrangements and services

which are vulnerable to money laundering or the funding of terrorism,

the Authority shall inform the National Coordinating Committee on

Combating Money Laundering and the Funding of Terrorism

established under article 12A of the Prevention of Money Laundering

Act of its concerns and provide it with any analysis, statistics, studies,

or any other information relative thereto.

The Authority and any Board member, officer or employee of

the Authority, and any other person appointed to perform a function

under this Act or any other special law which the Authority is entitled

to administer or enforce, or under any rules or regulations made

thereunder, shall not be liable in damages for anything done or omitted

to be done in the discharge or purported discharge of any functions

under this Act, or any other special law which the Authority is entitled

to administer or enforce, or rules or regulations aforesaid, unless the

act or omission is shown to have been done or omitted to be done in

bad faith.

Part VI

Permits and licences

(1) No person shall use any premises as a racecourse or

racing club by whatever name called, unless there is in respect of such

premises a valid licence for the purpose issued by the Authority and no

person may open or carry on any activity for any of the purposes

aforesaid unless he is in possession of licence and a certificate of

approval for the purpose issued by the Authority.

(2) No licence or certificate of approval shall be granted or

renewed under sub-article (1) if the premises, equipment and facilities

as well as the personnel, do not reach the standard as the Authority

deems to be satisfactory.

(3) The Authority may, in granting or renewing any licence or

certificate of approval under sub-article (1), impose any such condition

as the Authority may deem fit and may restrict the services and the

activities that may be provided or carried on in the licensed premises.

(4) Where any premises are used or any act is done in

contravention of any condition or restriction, contained in a licence or

certificate of approval granted or renewed under sub-article (1), any

premises so used and any act so done shall be deemed to have been

used or done without the licence or certificate of approval required by

this article.

(5) Any licence or certificate of approval granted under the

provision of sub-article (1) shall lapse on the 31st December of the

year in which it is issued but may be renewed by the Authority from

year to year.

(1) A person may apply to the Authority, in the prescribed Applications.

form in order to be granted a licence to practice sports racing.

(2) When an application for a licence is received in terms of sub-

article (1) the Authority shall inspect the premises to ensure the

suitability of the premises.

(3) The Authority may, at any time during the processing of the

application, require the prospective service provider to provide any

documents and information deemed necessary and shall visit the

premises intended to be used for the provision of service in order to

make its assessment and ascertain whether the licence should be

granted or not.

(4) Upon granting a licence to practice sports racing, the

Authority shall issue a Licence Certificate.

(5) The licence may be renewed by the Authority provided that

the person has complied with the provisions of this Act and of any

regulation made thereunder.

(6) A licensee wishing to renew a licence which is due to expire,

shall at least six (6) months before such expiry apply to the Authority

for such license to be renewed.

(7) The Authority shall renew the licence if it is satisfied that the

premises are being used in accordance with the provisions of this Act

and following an assessment conducted by the Authority confirming

adherence with the provisions of the Act.

(8) The decision of the Authority on the renewal of the licence

shall be served on the licensee by registered mail, not later than thirty

(30) days from the application for renewal.

(9) The licensee shall ensure that the licence, or a copy of it, is

kept affixed in a prominent place in the principal office of the premises

from which the sports racing is provided. The licensee shall provide

access to the license to service users or potential service users upon

request.

(10) The issuing and renewal of a licence shall be without

prejudice to the requirement of any other license or authorisation

required under any other law.

(11) An authorisation, permit or licence granted by the Authority

cannot be assigned or transferred.

(1) The Authority may refuse an application to grant a

licence in terms of this Part of the Act if it deems that the applicant or

licensed person is not fit to carry out the activity regulated by the Act.

The refusal, together with reasons for such refusal, shall be served in

writing by registered mail to the applicant or licensed person applying

for the licence within one (1) month from the date of application.

(2) The applicant or licensed person shall have the right to

request a reversal of the decision of the Authority by filing an appeal

before the Tribunal.

(3) The applicant or licensed person shall have the right to re-

apply to the Authority for a licence if the reason for the refusal no

longer subsists.

The Authority shall have the right to revoke a licence granted

in terms of the Act at any time, if the licensed person

(a)

files a request in writing for revocation;

(b) ceases to comply with the criteria of eligibility for

licensing;

(c) is no longer deemed suitable to provide the service

for which he is licensed and if the licensee has been convicted of

an offence for which the penalty is imprisonment or for any

offences contemplated under this Act;

(d) is in breach of the conditions for licensing in

accordance with the provisions of his Act or wilfully neglects or

refuses to comply with any of the provisions of this Act or any

other Act, or obstructs, impedes or hinders any person carrying

out duties or responsibilities thereunder.

(1) The Authority shall revoke the licence in accordance

with paragraphs (b), (c) or (d) of article 31 after drawing up a report

containing its recommendations on whether the licence should be

revoked. The report shall include evidence of due warning to the

licensed person that the licence may be revoked unless appropriate

action is taken, in accordance with a procedure established under this

Act.

(2) The written revocation, together with the reasons thereof,

shall be served on the licensed person by registered mail. Such

revocation shall have effect from date of service.

(3) If the licence of a licensed person is revoked, the Licence

Certificate and all the records and documentation relating to the social

welfare service shall become the property of the Authority.

During the month of January of every year the Authority shall Publication in

the Gazette.

publish in the Gazette

(a) a list of licensed persons including their full name,

registered address and other relevant contact details; and

(b) a list of licensed persons whose licence has been

revoked throughout the previous calendar year and any changes

in the conditions required for licensing or renewal.

Part VII

Regulatory Powers

(1) The Authority may at any time revoke, cancel or Power of

suspend certificates of approval in respect of racecourses or in respect competent

authority to

of an operator or any other permit or licence issued to a driver, jockey, revoke,

or suspend

trainer or racing clubs in accordance with the provisions of this Act or authorisations,

any other special law which the Authority is entitled to administer or licences

permits.

enforce.

(2) The Authority may revoke, cancel or suspend certificates of

approval in accordance with sub-article (1) thereto

(a) if it considers it desirable to cancel or suspend the

approval for the protection of the general public and the

reputation of Malta; or

(b) if it considers that the standard of the track is not fit

and proper to hold an approved racing activity; or

(c) if it considers that the requirements of any provision

of this Act, or any other special law which the Authority is

entitled to administer or enforce, are not being fulfilled, or there

has been a contravention of any such provision as aforesaid, or

an obligation or condition to which the authorisation is subject

by virtue of or under this Act, or any other special law which the

Authority is entitled to administer or enforce, has not been

satisfied or complied with.

(3) The Authority may revoke, cancel or suspend certificates of

approval in respect of an operator who manages racecourses and

ground adjacent thereto:–

(a) if it considers that the persons who assume any

responsibility towards the Authority with reference to the

approved racecourse are not fit and proper persons to carry out

the functions required of them in connection with the

arrangement or if there are no such persons in office as stipulated

or required by the racecourse ground authorisation; or

(b) if it considers that the requirements of any provision

of this Act, or any other special law which the Authority is

entitled to administer or enforce, are not being fulfilled, or there

has been a contravention of any such provision as aforesaid, or

an obligation or condition to which the authorisation is subject

by virtue of or under this Act, or any other special law which the

Authority is entitled to administer or enforce, has not been

satisfied or complied with; or

(c) if information has been furnished to the Authority by

or on behalf of or in relation to the approved racecourse which is

false, inaccurate or misleading; or

(d) if the operator has not commenced the activities

within the time provided for in the authorisation or has ceased to

carry on such activities; or

(e)

at the request of the operator; or

(f) in any of the circumstances under which the

Authority would have been precluded from issuing the

authorisation to act as an operator under this Act or any other

special law which the Authority is entitled to administer or

enforce or where under this Act or any other special law which

the Authority is entitled to administer or enforce it would have

been entitled to refuse the grant of such authorisation; or

(g) after proper communication and investigation, at the

written request of another national competent authority which is

carrying out regulatory functions in relation to regulated and

other activities carried out by the operator at the racecourses and

ground adjacent thereto simultaneously with the Authority.

(4) The Authority may revoke, cancel or suspend a permit or

licence issued to a driver, jockey, trainer or racing club:–

(a) if it considers that the holder thereof is not a fit and

proper person to continue practicing the sport services that he is

authorised to provide through a licence or permit; or

(b) if it considers that the holder thereof does not fulfil

the requirements of, or has contravened, any of the provisions of

this Act or any other special law which the Authority is entitled

to administer or enforce or of any racing services rules or

regulations made thereunder, or has failed to satisfy or comply

with any obligation or condition to which he is subject by virtue

of or under this Act or any other special law which the Authority

is entitled to administer or enforce, or any conditions established

by the Authority in the particular case; or

(c) if the Authority has been furnished with information

which is false, inaccurate or misleading, or if the driver, jockey,

trainer or racing club has obtained the permit or licence

authorisation by making false statements or by any other

irregular means; or

(d) if the driver, jockey, trainer or racing club has not

provided the service he has been authorised to provide within the

time provided for in the permit or licence authorisation, if any, or

has ceased to provide such service; or

(e) if it considers it desirable to revoke, cancel or

suspend the driver, jockey, trainer or racing club for the

protection of the general public, and the reputation of Malta; or

(f)

at the request of the driver, jockey, trainer or racing

club; or

(g) in any of the circumstances under which the

Authority would have been precluded from issuing the permit or

licence authorisation under this Act to driver, trainer or racing

club or any other special law which the Authority is entitled to

administer or enforce or where under such Act or any other

special law which the Authority is entitled to administer or

enforce it would have been entitled to refuse the grant of such

permit and licence authorisation; or

(h) after proper communication and investigation, at the

written request of another national competent authority, which is

carrying out regulatory functions in relation to the driver, jockey,

trainer or club racing authorisation holder simultaneously with

the Authority.

(5) Revocations, cancellations and suspensions shall be reflected

in the register of authorisations appearing on the website of the

Authority. The Authority shall have the power to publicise more

widely the revocation, cancellation or suspension of its authorisations

should it consider that this would be necessary for the protection of the

general public.

(6) No action shall lie against the Authority in terms of law, or

any other law relating to defamation or slander, for the issuing of bona

fide public statements in terms of this article.

(7)

The Authority may issue guidelines on how this article is to

apply.

(1) The Authority shall, before proceeding to take any of

the measures under article 34, write to the person concerned, warning

the person of the measure that may be taken and the specific reason

why it may be taken, requiring the person to cease or rectify such acts

or omissions and, or to make his submissions thereto within such

period not being less than twenty-five (25) days which period, without

prejudice to the provisions of sub-article (4), may be abridged if the

Authority considers that the continuance of the infringement impacts

negatively the effective exercise by the Authority of its regulatory

functions and, or warrants the immediate intervention of the Authority

Provided that where the measure is an administrative fine the

person concerned shall also be informed of the amount of the fine

Provided further that when issuing a warning under this sub-

article, the Authority may impose such conditions as it may consider

reasonable in the circumstances.

(2) If the person concerned remedies the infringement within the

period established by the Authority in accordance with sub-article (1),

and agrees in writing to abide with any condition that the Authority

may impose, the Authority may at its discretion desist from proceeding

any further, this without prejudice to any regulatory measures that may

have already been imposed.

(3) If, after the lapse of the period mentioned in sub-article (1),

the Authority considers that the person concerned has not given any

valid reasons to demonstrate why no measure should be taken against

him, the Authority shall notify the person concerned in writing,

specifying the nature of the infringement, stating the measure being

taken, and if the measure is an administrative fine, stating the amount

of the fine being imposed.

(4) Notwithstanding the provisions of sub-article (1), where the

Authority has prima facie evidence that the infringement -

(a) represents an immediate and serious threat to the

public interest or to the application of mandatory rules of law; or

(b) creates or may create serious economic or

operational problems for other providers or users of racing track

arrangements; or

(c) would result in significant harm to competition,

including in the racing track sector,

the Authority may take urgent interim measures to remedy the

situation in advance of reaching a final decision, including ordering

the immediate cessation of the act or omission giving cause to the

infringement and the imposition of administrative fines

Provided that the person against whom such measures are

contemplated shall, thereafter, be given a reasonable opportunity to

state his view and propose any remedies

Provided further that the interim measures shall be valid for a

maximum of three (3) months, subject to extension for a further period

of three (3) months, in circumstances where enforcement procedures

have not been completed.

(5) The notification as referred to in sub-article (3) shall, upon the

expiry of the time limit for appeal therefrom, upon the service of a

copy thereof by means of a judicial act on the person indicated in the

notice, constitute an executive title for all effects and the purposes of

Title VII of Part I of Book Second of the Code of Organization and Cap. 12.

Civil Procedure

Provided that if the person against whom the notice has been

issued files an appeal before the Tribunal within the twenty (20) day

period referred to under article 34, and concurrently with or before the

filing of his appeal requests the Tribunal to suspend the effects of the

notice, then the Authority shall desist from issuing a judicial act as

referred to in this sub-article until such time as the request for

suspension has been determined, withdrawn or otherwise dealt with

Provided further that the Tribunal shall determine any

requests for suspension referred to in this sub-article expeditiously.

Before determining any such request the Tribunal shall give the

Authority a reasonable opportunity to reply and make its submissions.

(6) The Authority shall give its reasons for any decision taken

under this article.

(7) The provisions of this article shall continue to apply to the

person concerned with reference to their actions and those related

thereto, having been done prior to the issue of any warning hereunder,

notwithstanding the revocation or the unilateral surrender of the

relevant permit or licence or authorisation where applicable.

(8) Notwithstanding the provisions of any law, no precautionary

warrant or order shall be issued by any court restraining the Authority

from taking any material prevention or management measure under

this Act, or under any regulations issued hereunder or any other law.

Without prejudice to the power of the Authority to declare to the court

that a measure is one contemplated by this article, the Minister may

from time to time make regulations to better define what constitutes a

material prevention or management measure for the purpose of this

Act.

(9) An administrative fine imposed under this article shall not

exceed two thousand euro (€2,000) for each infringement.

(1) Where the Authority proposes to refuse an application

for a permit or licence or authorisation or to cancel or suspend a permit

or licence or authorisation, it shall give the applicant or, as the case

may be, the permit or licence or authorisation holder, notice in writing

of its intention to do so, setting out the reasons for the decision it

proposes to take.

(2) Every notice given under sub-article (1) shall state that the

recipient of the notice may, within such reasonable period after the

service thereof as may be stated in the notice (being a period of not

less than forty-eight (48) hours, make representations in writing to the

Authority giving reasons why the proposed decision should not be

taken, and the Authority shall consider any representation so made

before arriving at a final decision.

(3) The Authority shall as soon as practicable notify its final

decision in writing to any of the persons to whom notice is to be given

under sub-article (1).

(1) Save any other law relative to the protection of data,

matters of the Authority shall seek to regularly publish information

relating to its rulings, determinations and policy positions when they

affect applications, interpretation of the provisions of this Act, or any

special law which it is entitled to administer or enforce, so as to ensure

that applicants and the public in general are aware of the position taken

by the Authority on matters of general interest relating to the racing

activities.

(2) The publication of such information shall not in any way limit

the freedom of the Authority to vary its policies or approach on any

issue based on further review and experience or development of

technology or law generally. When such variations take place the

Authority shall notify in later publications the connection and review

to previous publications.

Part VIII

Enforcement and Sanctions

(1) Without prejudice to the enforcement powers that it has Provision of

at law, the Authority may require any approved racecourse operator to information.

provide it with any information, including financial information, that

the Authority considers necessary for the purpose of ensuring the

quality and integrity standards required by this Act for purposes of

recognition or compliance with the provisions of this Act or any other

special law which the Authority is entitled to administer or enforce, or

decisions or directives made in accordance with this Act or such other

special law.

(2) Any information required by the Authority under sub-article

(1) shall be proportionate to the performance of its functions and

obligations under this Act or any other special law which the Authority

is entitled to administer or enforce and, in requiring any information as

aforesaid, the Authority shall state why it requires the information

requested.

(3) Except in cases where the recipient of a request may refuse to

provide such information, which refusal shall be in writing and shall

state the basis for such refusal, a person who is notified with a

requirement under sub-article (2) shall comply promptly with the

requirement within the time-scales and according to any level of detail

as may be required by the Authority

Provided that any such person may, in complying with the

provisions of this sub-article, state clearly to the Authority if any

information provided by him is to be considered as confidential for

commercial reasons and the Authority shall respect the confidentiality

requested subject to the provisions of the Professional Secrecy Act.

(4) The same rules stated above shall apply to the permit and

licence holders who, in carrying out the authorised services, may

review or receive information as described in the proviso to sub-article

(1). Such permit and licence holder shall not be required to provide

information to the Authority if such information was obtained under

confidence or under non-disclosure obligations whilst carrying out his

functions for the benefit of any applicant.

(1) For the purposes of the exercise by the Authority of any

of its functions under this Act or under any other special law which the

Authority is entitled to administer or enforce, the Authority may, as

may be applicable in the context and subject to the limitations in the

applicable laws on professional secrecy

(a) enter, at any reasonable time, any premises open to

the public other than a place of residence, or any other place or

any racing track where any activity regulated by or under this

Act or any other special law which the Authority is entitled to

administer or enforce, takes place, or in the opinion of the

Authority takes place, and search and inspect the premises,

place, vehicle or vessel and any books, documents or records

found therein;

(b) require any person to produce for inspection and take

extracts or copies from any books, documents or records relating

to any activities regulated by or under this Act or any other

special law which the Authority is entitled to administer or

enforce, which are under the control of that person and, in the

case of information in a non-legible form to reproduce it in a

legible form, and to give to the Authority such information as the

Authority may reasonably require in relation to any entries in

such books, documents or records;

(c) remove and retain such books, documents or records

for such period as may be reasonable for further examination;

(d) require any person to maintain such books,

documents or records for such period as may be reasonable as

the Authority directs;

(e) require any person to give to the Authority any

information that may be required with regard to any arrangement

regulated by or under this Act or any other special law the

Authority is entitled to administer or enforce;

(f) make such inspections, including site inspections, to

enable the Authority to carry out its functions at law and in doing

so the Authority may also undertake tests and measurements of

any machinery, apparatus, appliances and other equipment at any

place as the Authority may consider necessary

Provided that where the person concerned fails to abide with

any requirements made by the Authority under this sub-article, the

Authority may then take any such measures as it may consider

appropriate in the circumstances.

(2) Any officer of the Authority or any other person duly

authorised by the Authority to act on its behalf, when exercising a

power conferred by this Act or by any other special law which the

Authority is entitled to administer or enforce, shall, if requested by any

person thereby affected, produce to that person for inspection a

certificate issued by the Authority stating that he is duly authorised to

act for and on behalf of the Authority.

(3) In the course of the exercise of any of the powers conferred by

this Act or by any other special law which the Authority is entitled to

administer or enforce the Authority may request the assistance of the

Police.

(4) Any persons who are or have been in charge of the racing

track arrangement falling under the supervisory or regulatory functions

of the Authority shall assist and shall collaborate with the Authority in

order to enable it to discharge its functions, and shall collate and

transmit without any undue delay such information and documentation

as the Authority may reasonably request from time to time.

(5)

Any person who –

(a) obstructs, impedes or assaults an officer of the

Authority or any other person duly authorised by the Authority

to act on its behalf in the exercise of any of the powers conferred

by this Act or by any other special law which the Authority is

entitled to administer or enforce; or

(b) fails or refuses to comply with a requirement under

this article; or

(c) alters, suppresses or destroys any books, documents

or records which the person concerned has been required to

produce, or may reasonably expect to be required to produce; or

(d) falsely represents himself to be an officer of the

Authority or a person authorised by the Authority to act on its

behalf; or

(e) furnishes any information to the Authority which it

may require in the exercise of its functions under any special law

it is entitled to administer or enforce, which he knows, or has

reasonable cause to believe to be false or misleading,

is found guilty of an offence under this article shall, on conviction, be

liable to a fine (multa) not exceeding five thousand euro (€5,000), in

the case of a continuing offence, to a further fine (multa) not exceeding

fifty euro (€50) for each day during which the offence continues.

(1) Except where otherwise provided by law, a person shall

not knowingly disclose confidential information obtained by him

while performing the duties of a member of the Board, or of an officer

or employee of the Authority or of an adviser or consultant to the

Authority, unless he is duly authorised by the Authority to do so

Provided that any such person shall remain bound by the

requirements of this article even after his appointment or employment,

howsoever described, with the Authority has come to an end.

(2) In this article "confidential information" means any

information, howsoever described, which is considered by the

Authority to be confidential, or has been notified of such status by the

person providing it, and in relation to which the Authority has notified

the persons concerned of their duty of non-disclosure.

(3) A person who acts in violation of the provisions of sub-article

(1) shall be guilty of an offence and shall be liable, on conviction, to a

fine (multa) not exceeding five thousand euro (€5,000).

(4) Nothing in this article shall prevent the disclosure of any

information to the Authority or, by or on behalf of the Authority to the

Minister or as may be required at law.

(1) An administrative fine imposed shall not, unless

provided otherwise by or under this Act or any special law which the

Authority is entitled to enforce, exceed the amount of two thousand

five hundred euro (€2,500) for each breach and twenty-five euro (€25)

for each day during which failure to observe the provisions of this Act

or of any regulation made thereunder persists.

(2) In determining the amount of an administrative fine, regard

shall be had in particular to the nature and extent of the infringement,

its duration and its impact on the market.

(3) The Minister may, by regulations made under this Act,

establish the administrative fines that may be imposed by the

Authority for breaches of the said regulations

Provided that the amount of the fines that may be so

prescribed shall not exceed the maximum amounts referred to under

sub-article (1).

Where an administrative infringement of any provision of this Administrative

Act or any other special law which the Authority is entitled to infringements

by bodies

administer or enforce is committed by a body corporate and is proved corporate.

to have been committed with the consent or involvement of or to be

attributable to the gross negligence on the part of a person being an

administrator of the body corporate or a person who was purporting to

act in any such capacity, that person, as well as the body corporate,

shall be liable to be proceeded against and punished as if he was

responsible for the said infringement.

The prosecution of a criminal offence or the initiation of Prescription for

proceedings to impose an administrative fine under this Act or under offences

administrative

any other special law which the Authority is entitled to administer or infringements.

enforce shall be prescribed by the lapse of two (2) years from the date

on which the offence or administrative infringement is alleged to have

been committed.

Unless otherwise provided in the Act, where a notice, Service of

howsoever described, is required to be given by the Authority to any notices.

person whether under this Act or under any other law administered by

the Authority, the notice shall be addressed to that person and shall be

given to the person in any of the following ways

(a)

by delivering it to the person; or

(b) by leaving it at the address at which the person

ordinarily resides or carries on business; or

(c) by sending it by registered post to the person at the

address at which the person ordinarily resides or carries on

business; or

(d) if an address for the service of notices has been

provided by the person, by leaving it at such address, or sending

it by registered post addressed to the person to that address; or

(e) in any case where the Authority considers that the

immediate giving of the notice is required, by sending it by

electronic mail to a device or facility for the reception of

electronic mail located at the address at which the person

ordinarily resides or carries on business or, if an address for the

service of notices has been furnished by the person, that address,

provided that the facility of the sender for the reception of

electronic mail generates a message confirming receipt of the

electronic mail

Provided that the provisions of this paragraph shall not

apply to the notification of documents filed before the Tribunal

or any Court.

(1) Where the Authority desires to sue for the recovery of a

debt due to the Authority under any other special law which it is

entitled to administer or enforce for any fee or charge howsoever

described that may be due, the Chairperson or an officer of the

Authority duly authorised by the Authority to act on its behalf may

make a declaration on oath before the registrar of the Courts, a judge

or a magistrate wherein he states the nature of the debt and the name of

the debtor and confirm that it is due.

(2) The declaration referred to in sub-article (1) shall be served

upon the debtor by means of a judicial act and it shall have the same

effect as a final judgement of the competent court unless the debtor

shall, within a period of twenty (20) days from service upon him of the

said declaration, oppose the claim by filing an application demanding

that the court declare the claim unfounded.

(3) The application filed in terms of sub-article (2) shall be served

upon the Authority, which shall be entitled to file a reply within a

period of twenty (20) days. The court shall appoint the application for

hearing on a date after the lapse of that period.

(4) Any debts due to the Authority in accordance with this article

shall be prescribed by the lapse of the period of five (5) years from the

date on which the debt was due.

(1) No person shall make or cause to be made any

advertisement or other representation, in any visual or aural form,

whether the advertisement is made in Malta or otherwise, either

specifically or by implication, to the effect that

(a) any racing track arrangement authorisation or permit

or licence have the recognition or approval of the Authority

when it is not the case; or

(b) any activity carried out by any person or provided by

the racing track operator, driver, trainer or club has the

recognition or approval or is conducted with the co-operation or

assistance of the Authority when it is not the case; or

(c) any activity is being carried out in or from Malta in

accordance with the regulatory framework applicable to horse

racing arrangements or services when the relevant arrangement

is not certified or the relevant service provider is not registered

under the Act, or similar statements based on the circumstances

from time to time, and in case of breach such person shall be

guilty of an offence under this article.

(2) In relation to persons recognised by the Authority, the

provisions of sub-article (1) shall not apply when an advertisement or

other representation is issued with the prior written consent or

instructions of the Authority, or is permitted in general guidelines

issued by the Authority on the subject matter, and shall constitute an

offence only if a misrepresentation is made regarding the Authority, or

any recognition granted by it, to racing track operator, driver, jockey,

trainer or club.

(3) Where the name, trade name, trademark or the designation of

any racing track operator, driver, jockey, trainer or club appears in

relation to a representation referred to in sub-article (1) or (2), that

person shall be deemed for the purposes of this article to have caused

the representation to be made unless such person proves that the

representation was made without his knowledge or connivance.

(4) A person convicted under this article shall be liable in

accordance with this Act, unless provided otherwise by or under this

Act or any special law which the Authority is entitled to enforce, to an

administrative fine which shall not exceed the amount of two thousand

five hundred euro (€2,500) for each breach and twenty-five euro (€25)

for each day during which failure to observe the provisions of this Act

or of any regulation made thereunder persists.

The Authority shall be exempt from any liability for the Exemption from

payment of income tax, duty on documents and transfers, and customs taxes.

and excise duty, under any law for the time being in force.

Part IX

Administrative Review Tribunal

(1) The Administrative Review Tribunal shall be competent Administrative

to hear and determine appeals from decisions of the Authority as Review

Tribunal.

provided in this Act or in any law or regulations.

(2) The provisions of the Administrative Justice Act, in so far as Cap. 490.

they apply to the Administrative Review Tribunal, shall apply to any

proceedings before the said Tribunal and the words "public

administration" in the said enactment shall be construed as a reference

to the Authority.

(1) Unless otherwise provided by law, an appeal shall lie to Appeals from

the Tribunal from a decision of the Authority made under this Act, any decisions

Authority other

other decisions that the Authority may take under any other special law than

imposition of

which the Authority is entitled to administer or enforce, and any administrative

decision taken by or on behalf of Government or by any public fines.

authority in relation to or having a substantial bearing on services or

arrangements.

(2) The right of appeal to the Tribunal shall be competent to any

person aggrieved by the decision

Provided that in any case, a person making an appeal to the

Tribunal shall also explain his juridical interest in impugning the

decision appealed from.

(3) An appeal from a decision of the Authority shall be made by

application and shall be filed with the Secretary of the Tribunal within

twenty (20) days from the date on which the said decision has been

notified.

(4) There shall be a right of appeal from decisions of the Tribunal

to the Court of Appeal in accordance with the provisions of Part IV of

the Administrative Justice Act.

(1) Without prejudice to the provisions of this Part, the

procedure to be followed in relation to appeals against administrative

fines imposed by the Authority shall be regulated by the provisions of

this article.

(2) A person who is notified with a notice in writing given under

article 35(3) may, within twenty (20) days from the date of such

notification, lodge an appeal before the Tribunal objecting to the

administrative fine so fixed.

(3) The Tribunal shall not annul an administrative fine as

aforesaid unless it results to it that such fine could not at law be

imposed in the circumstances of the case, or could not at law be fixed

in the amount established by the Authority due account being given to

the principle of proportionality.

(4) The Tribunal shall, without delay, set down the appeal for

hearing at an early date, which date shall in no case be later than forty

(40) days from the date of service of the appeal on the Authority.

(5) The appeal, and the notification of the date fixed for hearing,

shall be notified to the Authority without delay, and the Authority shall

file its reply thereto within twenty (20) days from the date of the

notification of the appeal.

(6) The decision of the Tribunal upon an appeal referred to in

sub-article (2), confirming the imposition of a fine established by the

Authority or reducing any such fine, shall upon becoming res judicata

be deemed to be a decision of the Tribunal.

(7) There shall be a right of appeal on points of law to the Court

of Appeal (Inferior Jurisdiction) in terms of the Administrative Justice

Act to any of the parties to the proceedings before the Tribunal.

In determining an appeal the Tribunal shall take into account Decisions of the

the merits of the appeal, and may, in whole or in part, confirm or annul Appeals

Tribunal.

the decision appealed from, giving in writing the reasons for its

decision and shall cause such decision to be made public and

communicated to the parties to the appeal.

(1) The Tribunal shall endeavour to determine an appeal Procedure of the

Tribunal.

expeditiously.

(2) The Tribunal may, in order to assist it in the exercise of its

functions, appoint independent and impartial experts to advise it on

any issue that may be relevant to any appeal lodged before it. In such

cases the Tribunal shall be entitled to make both provisional and final

orders in respect of the payment of the costs and fees of such experts

by any of the parties to the appeal.

(3) The Minister may, subject to the provisions of this Act, by

regulations prescribe the procedure to be followed before the Tribunal,

and subject thereto and to any other provisions of this Act, the

Tribunal may regulate its own procedure.

(1) The decision of the Authority, pending an appeal Decisions.

whether before the Tribunal or the Court of Appeal, shall stand and

shall be adhered to by all the parties to whom the decision applies.

(2) The Tribunal or the Court of Appeal, as the case may be,

where it considers it to be appropriate, may, on the application of a

party to the appeal, suspend in whole or in part the decision which is

the subject of the appeal pending the final determination of the appeal.

The Tribunal or the Court of Appeal in deciding whether or not to

suspend the decision shall state its reasons and shall take into account

all the relevant circumstances, including -

(a)

the urgency of the matter;

(b) the effect on the party making the request if the

application for suspension is not upheld; and

(c) the effect on the integrity of racing if the application

is upheld

Provided that a party, in making an application under this

article, shall state the factual and legal grounds establishing a prima

facie case for the suspension of the decision. The Tribunal or the Court

of Appeal, as the case may be, shall on receipt of any such application

order the notification thereof to the other party or parties to the appeal

affording them reasonable opportunity to make their response thereto

Provided further that the Tribunal, in determining any such

application, may include such conditions as it considers necessary in

the circumstances.

Part X

Miscellaneous

(1) The Minister may, acting on the advice of the Authority,

make regulations to give effect to the provisions of this Act, or to

prescribe anything that is to be or which may be prescribed in terms of

this Act, any special law which the Authority is entitled to administer

or enforce or any other regulatory instrument and provide for any

matter consequential, incidental to or connected therewith.

(2) Without prejudice to the generality of the foregoing, the

Minister may, by such regulations

(a) regulate recognition and authorisation processes

under this Act or any other special law which the Authority is

entitled to administer or enforce; and the overall requirements

and conditions for such recognition and authorisations, their

grant, amendment, renewal, suspension, revocation and

termination and other similar actions;

(b) regulate persons involved in activities regulated by or

under this Act or any other special law which the Authority is

entitled to administer or enforce; and all matters related thereto

including the exemption of certain persons or categories of

persons from any or all requirements of recognition and

authorisations;

(c) establish methods of review relating to the processes

and procedures adopted by the Authority in carrying out its

functions;

(d) lay down any penalties for any breaches of the

provisions of this Act and for such purpose such regulations may

impose punishments in respect of any breach, not exceeding a

fine (multa) of twenty-five thousand euro (€25,000) and not

exceeding one thousand five hundred euro (€1,500);

(e) implement any international convention or any EU

Regulation or Directive, to the extent necessary, to which Malta

has adhered to in the context of the horse racing sector;

(f)

lay down rules establishing any licence, fees and

tariffs which may be levied by the Authority in relation to the

recognition of any arrangements or services under the provisions

of this Act or any special law which the Authority is entitled to

administer or enforce;

(g) to prescribe administrative fines for breaches of any

regulations made under this Act, and for this purpose such

regulations may impose administrative fines not exceeding

twenty five thousand euro (€25,000) and not exceeding daily fine

of one thousand five hundred euro (€1,500);

(h) lay down rules for the better carrying out of any of

the provisions of this Act; and

(i) lay down rules which are to apply to the operation of

the horse racing track; and determine, in the particular case, the

manner in which the rules applicable to drivers, owners and

others involved in the horse racing industry.

(3) The Minister may direct or authorise the Authority to

establish all necessary details to meet any of the above requirements

and conditions by way of guidelines and other binding regulatory

instruments to be issued by the Authority under article 6 which shall

be ancillary to or independent of any regulations made under the above

powers.

(4) Regulations made under this Act, and any amendment or

revocation of such regulations, may be published in the English

language only.

In this Act and in any regulations made thereunder, if there is Conflict

any conflict between the English and Maltese texts, the English text between texts.

shall prevail.

(1) The following provisions of the Racecourse Betting Repeal and

savings.

Ordinance shall be repealed

(a)

articles 4 and 5; and

(b)

paragraphs (a) to (c), (e) and (f) of article 14.

(2) The provisions of this article shall only come into force on

such date as the Minister responsible for sport may, by notice in the

Government Gazette, prescribe.

Passed by the House of Representatives at Sitting No. 374 of the

20th October, 2020.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€3.78