PREVENTION OF CORRUPTION (PLAYERS) ACT (players)

PREVENTION OF CORRUPTION (PLAYERS)

*

CHAPTER 263

PREVENTION OF CORRUPTION (PLAYERS) ACT

To provide for the prevention of corruption of players.

8th June, 1976

ACT XIX of 1976, as amended by Acts XIII of 1983 and XXIV of

2001 ; and Legal Notice 423 of 2007 .

The short title of this Act is the Prevention of Corruption

(Players) Act.

In this Act, unless the context otherwise requires -

"consideration" includes any consideration of any kind, whether

in money or otherwise;

"game or sport" includes any football match or other game, other

than a "game" as defined in the Lotteries and Other Games Act, and

any race or other sporting event to which the public, or any section

thereof, is admitted whether on payment or otherwise;

"official" means any referee, linesman, umpire, steward, or any

other person managing, directing or supervising any game or sport;

"organiser" means any club manager, member of a club’s

committee, trainer or any other person organising or concerned in

the administration and/or organisation of any game or sport;

"player" includes any person who takes part in any game or

sport.

(1) Any player who accepts or obtains, or agrees to accept

or obtain, or attempts to obtain, from any person for himself or for

any other person whomsoever any gift or consideration as an

inducement or reward for doing or for omitting from doing, or for

having, after the enactment of this Act, done or omitted from doing,

any act the doing or omission of which is against the interests of the

side for which he plays, or those of the person or club by whom or

by which he is engaged or whom or which he represents, shall be

guilty of an offence.

(2) Any official or organiser who accepts or obtains, or agrees

to accept or obtain, or attempts to obtain, from any person for

himself or for any other person whomsoever any gift or

consideration as an inducement or reward for doing or for omitting

from doing, or for having, after the enactment of this Act, done or

omitted from doing, any act in relation to any game or sport in or

with which he is concerned, other than such as is lawfully due to

him, or for showing or exercising favour or disfavour to any person

or side taking part in any game or sport, or for otherwise

influencing the course or result of any game or sport, shall be guilty

of an offence.

*Repealed by Act XXXV of 2018.

PREVENTION OF CORRUPTION (PLAYERS)

(3) Any person who gives, or agrees to give or offers or

proposes to another person, directly or indirectly, that such other

person should give or agree to give or offer any gift or

consideration to any player or to any official or organiser as an

inducement or reward for doing or for omitting from doing, or for

having, after the commencement of this Act, done or omitted from

doing any act which, if done or omitted, would be in contravention

of subarticle (1) or (2), shall be guilty of an offence.

Any official, player or organiser who has knowledge,

whether verbally, in writing, or otherwise, that an offence has been

committed against any of the provisions of article 3, shall

communicate such knowledge to the Commissioner of Police and,

if he fails to do so within a period of three months from the date in

which he became aware of such knowledge, he shall be guilty of an

offence

Provided that this section shall not apply to the husband or

wife, the ascendants or descendants, the brother or sister, the

father-in-law or mother-in-law, the son-in-law or daughter-in-law,

the uncle or aunt, the nephew or niece, and the brother-in-law or

sister-in-law of a principal or an accomplice in the crime so not

disclosed.

Deleted by Act XXIV. 2001.80.

No gift or other consideration given or offered to any

player by the management or by any member of the committee of

the club to which such player is attached or engaged (provided such

member has been previously authorised so to do by the committee

of the said club) shall be deemed to be in contravention of any

provision of this Act if such gift or consideration is offered or

given and accepted for genuine efforts by the player concerned in

furtherance of the interests of the club in question.

Where two or more persons take part in the commission of

any offence against any of the provisions of this Act, any one of

them who, prior to the initiation of any criminal proceedings, gives

first information thereof and reports the other offender or offenders

to the competent authorities shall be exempt from punishment.

(1) Where a licensee of any shop is aware that an offence

against any of the provisions of this Act has been committed in his

shop and he does not give notice thereof to the Commissioner of

Police within twenty-four hours from the time in which he had

become so aware, he shall be guilty of an offence and shall, on

conviction, be liable to a fine (multa) of not less than two hundred

and thirty-two euro and ninety-four cents (232.94) but not

exceeding one thousand and one hundred and sixty-four euro and

sixty-nine cents (1,164.69).

(2) The Commissioner of Police shall withdraw the licence of

any person who has been found guilty of an offence under

subarticle (1).

(3) For the purposes of subarticle (1), a licensee shall not be

deemed to have given the required notice to the Commissioner of

PREVENTION OF CORRUPTION (PLAYERS)

Police unless he gives to the said Commissioner all particulars in

his knowledge relating to the offender or offenders.

(1) Saving the provisions of article 8, any person who is

guilty of an offence against -

(a) the provisions of article 3 shall be liable, on

conviction, to a fine (multa) of not less than four

hundred and sixty-five euro and eighty-seven cents

(465.87) but not exceeding two thousand and three

hundred and twenty-nine euro and thirty-seven cents

(2,329.37) and to imprisonment for a term of not less

than four months but not exceeding two years;

(b) the provisions of article 4 shall be liable -

(i) on a first conviction, to a fine (multa) of not less

than two hundred and thirty-two euro and

ninety-four cents (232.94) but not exceeding one

thousand and one hundred and sixty-four euro

and sixty-nine cents (1,164.69), or to

imprisonment for a term not exceeding three

months, or to both such fine and imprisonment,

and

(ii) on a second or subsequent conviction, to a fine

(multa) of not less than four hundred and sixty-

five euro and eighty-seven cents (465.87) but

not exceeding two thousand and three hundred

and twenty-nine euro and thirty-seven cents

(2,329.37), and to imprisonment for a term from

four months to six months.

(2) In the case of a prosecution under the provisions of this

Act, any person who in any way whatsoever has taken part in the

commission of an offence, and whose evidence is required in

support of such charge, shall be compellable to answer any

question respecting that charge, notwithstanding that the answer

thereto will expose him to criminal prosecution; but in any such

event, any person who shall have given evidence in respect of such

charge, and who shall have made a true and faithful statement

touching such charge, to the best of his knowledge, shall thereupon

obtain from the court a certificate to that effect, and he shall, in

consequence, be exempted from all punishment in respect of his

participation in the offence forming the subject-matter of the

charge upon which he gave evidence as witness.

Nothing in this Act shall prejudice the operation of, or

shall be deemed to substitute or to derogate any of the provisions

of, the Lotteries and Other Games Act.