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Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018

87 Articles / Provisions · Malta
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Table of Provisions (87)

Preamble Art. 1 Short title. First Schedule Art. 2 Interpretation. Second Schedule Art. 3 Games which can be played by persons in Malta. Third Schedule Art. 4 Game based on the result of games. Fourth Schedule Art. 5 Games which can be operated, etc., by persons in Malta. Fifth Schedule Art. 6 Offences against this Part. Sixth Schedule Art. 7 Placing on the market, etc., of relevant gaming devices, amusement machines and amusement machines with prize. Seventh Schedule Art. 8 Age prohibition. Eighth Schedule Art. 9 Establishment and composition of the Malta Gaming Authority. Ninth Schedule Art. 10 Legal personality and representation of the Authority. Art. 11 Functions of the Authority. Art. 12 Relations between the Minister and the Authority. Art. 13 Conduct of the affairs of the Authority. Art. 14 Appointment of Chief Executive and heads of Directorates. Art. 15 Provisions with respect to proceedings of the Authority. Art. 16 Powers of the Authority. Art. 17 Inspectors. Art. 18 Powers of inspectors. Art. 19 Rights of inspectors. Art. 20 Professional secrecy. Art. 21 Staff appointments. Art. 22 Appointment and functions of officers and employees of the Authority. Art. 23 Detailing of public officers for duty with the Authority. Art. 24 Status of public officers detailed for duty with the Authority. Art. 25 Offer of permanent employment with the Authority to public officers detailed for duty with the Authority. Art. 26 Operation or concession for the operation of the National Lottery. Art. 27 Duration of National Lottery licence. Art. 28 Application for the National Lottery licence. Art. 29 Grant of National lottery licence. Art. 30 Form of the National Lottery licence. Art. 31 National Lottery licence conditions and variations and revocations thereof. Art. 32 Changes in ownership or management of the licensee, etc. Art. 33 Licensee may not assign or transfer the licence. Art. 34 Grounds for the cancellation or suspension of the National Lottery licence. Art. 35 Procedures for the cancellation or suspension of the National Lottery licence. Art. 36 Permit for person to sell games forming part of the National Lottery licence. Art. 37 Requirement of a non-profit game licence. Art. 39 Age limit in a tombola (bingo) hall. Art. 42 Requirement of a VLT licence. Art. 43 Requirement of a racecourse betting licence. Art. 44 Approval of racecourses. Art. 45 Approval of racing clubs. Art. 46 Appointment of Racecourse Control Boards. Art. 47 Restriction on credit. Art. 48 Applicability of the Civil Code. Art. 49 Payment of stakes and prizes. Art. 50 Authority to meet expenditure out of revenue and constitution of National Lottery Good Causes Fund. Art. 51 Power to borrow or raise capital. Art. 52 Advances from Government. Art. 53 Borrowing from Government. Art. 54 Estimates of the Authority. Art. 55 Expenditure to be according to approved estimates. Art. 56 Publication of approved estimates. Art. 57 Accounts and audit. Art. 58 Deposit of revenues and payments by the Authority. Art. 59 Unclaimed Prizes Reserve. Art. 60 Contracts of supply or works. Art. 61 Money laundering. Art. 62 Annual report. Art. 63 Transfer of assets to the Authority. Art. 64 Construction of laws, etc. Art. 66 Minister may make provisions to determine assets transferred to the Authority. Art. 67 Penalty for offences against this Act. Art. 68 Administrative penalty. Art. 69 Counterfeit gaming devices and forgery of licences. Art. 70 Place used for unlawful gaming. Art. 71 The use of the name "National Lottery" and false representations as to the National Lottery. Art. 72 Forfeiture in favour of the Government. Art. 73 Saving as to higher punishments established in the Criminal Code. Art. 74 Offences to be tried by the Court of Magistrates and sanction of the Attorney General. Art. 75 Persons deemed public officers. Art. 76 Codes of conduct and rules about responsible gaming. Art. 76A Power of the Authority to issue directives. Art. 77 Derivatives. Art. 78 Power to make regulations. Art. 79 Serving of notices. Art. 80 Amendments, repeals and savings.

Statutory Text (87 Articles)

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Preamble — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

LOTTERIES AND OTHER GAMES

* CHAPTER 438

LOTTERIES AND OTHER GAMES ACT

To make provision for the regulation of lotteries and other games and gaming operations in

Malta, for the setting up of the Malta Gaming Authority, and for any other purposes connected

therewith including the amendment and consolidation of existing laws relating thereto.

2nd September, 2002;

16th February, 2004;

1st October, 2007

ACT XXIV of 2001 , as amended by Act III of 2004 ; Legal Notices 426 of 2007 and

168 of 2008 ; and Acts XXII of 2009 , XV of 2011 , V of 2012 , XII of 2013 , and IV , XXIV

and XLI of 2014.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 1 Short title. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

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

Act.

PART II - DEFINITIONS

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
First Schedule — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

Amended by

L.N. 426 of 2007.

Article 37

Non-profit games

Application for a licence.

1. (1) An application for a non-profit game licence shall be made by or on

behalf of the non-profit organization which intends to operate the non-profit game,

in the form and manner required by the Authority.

(2)

Such application shall at least contain the following information

(a) the name and address of the applicant and the address in Malta where

any documents may be served on the applicant;

(b) the type of the non-profit game which the applicant wants to operate,

and such particulars relating to the rules and regulations regarding the

procedures for operating and playing such non-profit game as the

Authority may require or as may be prescribed by regulations;

(c) the dates, times and places when and wherefrom the relevant non-profit

game will be operated and offered to the public and, where applicable,

the date or dates, time or times and place or places for the drawing or

drawings of the non-profit game; and

(d) the purpose for which the net proceeds of the relevant non-profit game

are intended.

(3) The application shall also contain or be accompanied with such other

information, documents and particulars as the Authority may require or as may be

prescribed by regulations.

(4) An application for a non-profit game licence has to be made in respect of

each and every non-profit game which a non-profit organization wants to operate,

although a non-profit game licence may be granted in respect of a non-profit game

which is to be operated on different days or at different times or for a specified

period. Except where the game to be operated under the non-profit game licence is a

tombola game, the Authority may not grant a non-profit game licence to the same

non-profit organisation more than -

(a) twelve times in any calendar year; or

(b) such number of times in any calendar year as would ensure that the

aggregate retail value of all prizes which can be won in all non-profit

games operated by such non-profit organisation under all non-profit

game licences granted to such organisation in such year does not exceed

the amount of twenty-three thousand and two hundred and ninety-three

euro and seventy-three cents (23,293.73),

whichever is the lesser.

(5) After the submission of an application for a non-profit game licence, the

Authority shall have the power to require the applicant to provide such other

information in addition to that given with the application as the Authority may deem

necessary for the purpose of determining the said application.

Grant of licence.

2. The Authority shall not issue a non-profit game licence to a person unless

that person is a non-profit organization and the Authority is satisfied that -

LOTTERIES AND OTHER GAMES

(a) the proposed licensee is a fit and proper person so as to ensure, or where

the proposed licensee is not an individual, the persons who exercise

effective control and management of the affairs of the proposed licensee

are fit and proper to carry out their functions and duties in relation to

the proposed licensee in such manner as to ensure, the proper operation

of the relevant non-profit game by the proposed licensee;

(b) the proposed licensee will comply in all respects with the provisions of

this Act and of any regulations made thereunder applicable to it, and

with the terms and conditions of the non-profit game licence and with

any directive issued by the Authority in terms of this Act or of

regulations made thereunder and applicable to it.

Form of licence.

3. (1) The non-profit game licence shall be in such form as the Authority may

determine or as may be prescribed by regulations.

(2) The grant of a non-profit game licence does not exonerate the licensee from

obtaining any other licence, permit or authorization which may be required under

any other law.

Licence conditions and variations and revocations thereof.

4. (1) In granting a non-profit game licence, the Authority may subject it to

such conditions as it may deem appropriate, and having granted such licence the

Authority may, from time to time, vary or revoke any condition so imposed or

impose new conditions

Provided that whenever the Authority deems it appropriate to vary any

condition or impose any new condition in the non-profit game licence, the Authority

shall, unless such variation or imposition of a new condition has been requested by

the licensee himself, inform the licensee by notice in writing of its intention to vary

the said condition or to impose the said new condition, calling upon the said licensee

to show cause, within such period being not less than seven days after the issue of

the notice as may be specified in the same notice, why such condition should not be

varied or such new condition should not be imposed, and the Authority shall

consider any response made by the licensee within the period specified in the notice,

before varying the condition or before imposing the new condition.

(2) Conditions in a non-profit game licence may impose requirements to be

complied with by the licensee after the licence has ceased to have effect.

(3)

A non-profit game licence may impose conditions requiring the licensee

(a) to obtain the consent of the Authority before doing anything specified,

or of a description specified, in the licence; and

(b) to refer matters specified, or of a description specified, in the licence to

the Authority for approval.

(4) A non-profit game licence shall include a condition requiring the licensee to

pay to the Authority, at such times as may be prescribed by regulations, such fees,

duties, taxes and, or other sums as may be so prescribed, which fees, duties, taxes

and, or sums shall be in addition to those which the licensee may be required to pay

under any law other than this Act.

(5) Where the non-profit game being the subject of the non-profit game licence

is not a tombola game, the non-profit game licence shall be deemed to include a

condition that -

LOTTERIES AND OTHER GAMES

(a) the prize or prizes which can be won in such game shall not consist of

money or a cheque or similar document entitling the holder to convert it

into money;

(b) the aggregate retail value of all prizes which can be won in such game

shall not exceed the amount of twenty-three thousand and two hundred

and ninety-three euro and seventy-three cents (23,293.73) or such lesser

amount as is necessary to ensure that the provisions of item 1(4) of this

Schedule are complied with; and

(c) the amount of each stake in such game shall not exceed one euro and

sixteen cents (1.16).

(6) Where the non-profit game being the subject of the non-profit game licence

is a tombola game, the non-profit game licence shall be deemed to include a

condition that -

(a) the price for each tombola scoresheet participating in the relevant

tombola game shall not exceed seventy cents (0.70), and when the said

tombola game can be played by a tombola scorecard or a number of

tombola scorecards which fall short of a whole tombola scoresheet, the

of seventy cents (0.70) equivalent to the proportion which the total

number of numbers, symbols or pictures printed or otherwise

electronically represented on such tombola scorecard bears to the total

number of numbers, symbols or pictures participating in the relevant

tombola game and printed or otherwise electronically represented on a

tombola scoresheet participating in such game;

(b) not less than sixty per centum of the amount collected in sales of

tombola scoresheets and tombola scorecards participating in the

relevant tombola game shall be distributed in prizes in respect of such

game.

Changes in effective control and management etc.

5. (1) (a) If the non-profit game licensee is not an individual, such licensee

shall within five days of any change in the persons who exercise effective control

and management of the affairs of the licensee inform the Authority of such change.

The licensee shall also inform the Authority of any material changes in the

information and documentation provided by the licensee in terms of item 1(2), (3)

and (5) of this Schedule or in terms of any other provision of this Act or of

regulations made thereunder or in terms of conditions attached to the non-profit

game licence, as soon as it becomes aware of such changes.

(b) Where owing to any change as is referred to in paragraph (a) hereof,

whether the Authority has been informed of such change in accordance with the said

paragraph (a) or not, a situation is brought about that, had it existed at the time of the

application for the non-profit game licence, it would have disqualified the licensee

from obtaining a licence in terms of item 2 of this Schedule, the Authority shall by

notice inform the licensee accordingly, and if the situation shall not have been

remedied to the satisfaction of the Authority within five days from the notice to that

effect by the Authority, the Authority shall cancel such licence without complying

with the provisions of item 8 of this Schedule

Provided that the Authority shall not issue a notice as aforesaid any later

than one month after being informed by the licensee of the change in accordance

with paragraph (a) hereof.

LOTTERIES AND OTHER GAMES

(2) Failure by the licensee to comply with the provisions of sub-item (1) hereof

shall constitute an offence against this Act.

Assignment or surrender of licence.

6. (1) A non-profit game licence may not be assigned or transferred by the

non-profit game licensee to any other person.

(2) The non-profit game licensee may not surrender the non-profit game licence

during the licence term without the prior approval in writing of the Authority, and if

such approval is given, the licence may then be surrendered only subject to such

terms and conditions as may be specified by the Authority in its approval.

(3) If a non-profit game licence is assigned or transferred by the non-profit

game licensee to any other person -

(a) such licence shall be considered null and void; and

(b) the Authority may issue a directive to such licensee to do or restrain

from doing any act which the Authority may deem appropriate in the

circumstances, and such licensee shall comply with any such directive,

failing which it shall be guilty of an offence against this Act.

(4) A non-profit game licensee who acts in breach of the provisions of this item

6 shall be guilty of an offence against this Act.

Grounds for cancellation or suspension of licence.

7. The Authority may order the cancellation or suspension of a non-profit game

licence on any of the following grounds

(a) the licensee, or any person who exercises effective control and

management of the affairs of the licensee, is convicted of an offence

against this Act, or of theft, receiving stolen property, fraud or any

crime affecting public trust;

(b) the licensee contravenes any provision of this Act or of any regulations

made thereunder applicable to it, or is in breach of any condition in the

non-profit game licence or any directive issued by the Authority in

terms of this Act or of regulations made thereunder and applicable to it;

(c) the licensee knowingly or recklessly supplies to the Authority material

information that is false or misleading;

(d) the licensee fails to fulfil his financial commitments when they become

due and payable;

(e) the intended purpose of the net proceeds of the relevant non-profit game

in respect of which the licence has been granted, no longer exists;

(f) the licensee is being wound up; or

(g) the Authority is reasonably satisfied that the licensee is not, or has

ceased to be, a suitable person to hold the non-profit game licence, or it

reasonably deems it necessary in the national interest to cancel or

suspend the non-profit game licence.

Procedures for the cancellation or suspension of the licence.

8. (1) Where a ground for cancellation or suspension of a non-profit game

licence arises under item 7 of this Schedule, the Authority shall, by notice in writing,

request the licensee, and may request any other person who in its opinion has an

interest in the licence, to show cause, within such period being not less than five

days after the issue of the notice as specified in the same notice, why the licence

LOTTERIES AND OTHER GAMES

should not be cancelled or suspended on such ground as is stated in the notice.

(2) The Authority shall have regard to any response made under sub-item (1)

hereof in such manner that -

(a) where the matter is resolved to its satisfaction, it shall take no further

action, and shall inform the licensee in writing accordingly;

(b) where, although the matter is not resolved to its satisfaction, it considers

that further action is not warranted, it shall caution the licensee in

writing; or

(c) where the matter is not resolved to its satisfaction and it is satisfied that

further action is warranted, it may -

(i) by notice in writing give such direction to the licensee as it

considers appropriate; or

(ii) suspend the licence for such period as it thinks fit, or cancel such

licence.

(3) Where a direction given by the Authority under sub-item (2)(c)(i) hereof is

not complied with within the time specified in the notice, the Authority shall cancel

the licence.

Non-profit games not to be held in a tombola (bingo) hall.

9. A non-profit game licensee may not hold a non-profit game in a tombola

(bingo) hall, and failure by a non-profit game licensee or by a tombola (bingo) hall

licensee to comply with this item 9 shall constitute an offence against this Act.

Net proceeds of non-profit game to be applied only for stated purpose.

10. A non-profit game licensee who, without the prior approval of the Authority,

applies the net proceeds of the non-profit game in respect of which the non-profit

game licence has been granted for any purpose other than that indicated in the

application for the licence, shall be guilty of an offence against this Act.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 2 Interpretation. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1)

In this Act, unless the context otherwise requires

"amusement game" means a game played by means of an

amusement machine;

"amusement game with prize" means a game played by means of

an amusement machine with prize;

"amusement machine" means any type of machine, whether

operated electrically, electronically, mechanically, manually or

otherwise, used for the purpose of playing games exclusively for

amusement purposes and not for gambling purposes, and which is

operated by the insertion of money or any amusement machine

token and where in the operation thereof a successful player neither

receives nor is offered any benefit other than the opportunity, if

any, afforded by the automatic action of the machine to play the

game again without the insertion of other money or amusement

machine tokens;

"amusement machine token" means a device which can be

bought for insertion in amusement machines or amusement

machines with prize instead of money, for the operation of such

machines;

"amusement machine with prize" means any type of machine,

whether operated electrically, electronically, mechanically,

manually or otherwise, used for the purpose of playing games

e x c l u s i v e l y fo r a m u s e m e n t p u r p o s e s a n d no t f o r ga m b l i n g

purposes, and which is operated by the insertion of money or any

amusement machine token, and where in the operation thereof a

successful player receives or is offered a prize in money or of a

monetary value;

"approved meeting" means a meeting at which horse races and,

or dog races, other than trial races, are held on an approved

racecourse with the approval of the respective Racecourse Control

Board appointed in respect of such approved racecourse under

article 46;

"approved racecourse" means any racecourse and any ground

adjacent thereto, in respect of which racecourse and adjacent

ground there is a valid certificate of approval issued by the Minister

responsible for sport under article 44;

"approved racing club" means a racing club in respect of which

there is a valid certificate of approval issued by the Minister

responsible for sport under article 45;

"authorised game" means a game authorised by the Authority to

be operated by a licensee in terms of its licence or a game operated

by persons or other entities exempted from any licencing or

authorisation requirement or permitted to operate such game

without the need of any licence or authorisation in terms of this Act

LOTTERIES AND OTHER GAMES

or regulations made thereunder;

"Authority" means the Malta Gaming Authority established

under article 9;

"bet" means a game in which the player is required to forecast

any result or outcome in respect of one event or a set of events; and

"betting" shall be construed as the playing of a bet;

"broadcasting media game" means any game which is organised

by the owner or operator of a radio or television station, or a sub-

contractor thereof, where the participation of players therein takes

place by or as a result of their presence during the transmission or

the recording of the programme during which such game is

organised or by any intervention on their part by any means of

distance communication during or after the transmission or the

recording of the programme during which such game is organised<

and "broadcasting media game licence" means a licence to operate

a broadcasting media game granted by the Authority to the owner

or operator of a radio or television station or a sub-contractor

thereof under article 41, and "broadcasting media game licensee"

shall be construed accordingly;

"Chairman" means the Chairman of the Authority, and includes

the Deputy Chairman or other person appointed to act as Chairman

as mentioned in the circumstances contemplated in article 9(3);

"Chief Executive" means the Chief Executive appointed under

article 14(1);

"commercial communication game" means a game which is

organised with the purpose to promote or encourage the sale of

goods or services, and which does not constitute an economic

activity in its own right, and where any payments required to be

made by the participant serve only to acquire the promoted goods

or services and not to participate in the game, although it may be a

condition that a person purchases the promoted goods or services in

order to participate in the game; and "commercial communication

game licence" means a licence to operate a commercial

communication game granted by the Authority to a person under

article 40, and "commercial communication game licensee" shall be

construed accordingly;

"commercial tombola game" means any tombola game, other

than a tombola game operated by a non-profit organization in terms

of a non-profit game licence;

"Directorates" means such directorates as the Authority may

establish under article 13;

"financial year" means any period of twelve months ending on

the 31st December of any year

Provided that the first financial year of the Authority shall

commence on the coming into force of Part IV and shall end on the

31st December of the next following year;

"game" means and includes, except for the purposes of the

definitions of "amusement machine" and "amusement game" in this

subarticle, a game of chance and a game of chance and skill, but

LOTTERIES AND OTHER GAMES

does not include (i) a sport event, although it includes a sport bet

and any other game of chance and game of chance and skill the

operation or playing of which depends on a sport event or a set of

sport events or the result or outcome thereof and (ii) an amusement

game;

"game of chance" means a game for money and, or prizes with a

monetary value, the results of which are totally accidental;

"game of chance and skill" means a game for money and, or

prizes with a monetary value, the results of which are not totally

accidental but depend, to a certain extent, on the skill of the

participant;

"gaming device" means any electrical, electronic or mechanical

device, ticket or any other thing which is used or intended for use

in connection with the operation, promotion or sale of a game and,

or in gaming;

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

otherwise placing of, in premises accessible to the public; and the

term "host" shall be construed accordingly;

"information society service" shall have the same meaning

assigned to it in article 2(1) of the Electronic Commerce Act;

"inspector" means a person appointed by the Authority under

article 17 to be an inspector;

"licensee" means any person holding a licence issued by the

Authority under this Act;

"lottery" means any game of chance where prizes are distributed

by lot or chance among participants in the game;

"means of distance communication" includes any means which

may be used for the communication, transmission, conveyance and

receipt of information (including information in the form of data,

text, images, sound or speech) or for the conclusion of a contract

between two or more persons; without the simultaneous physical

presence of those persons; such means may be unaddressed or

addressed printed matter, a standard letter, press advertising with

an order form, a catalogue, telephone with human intervention

(including phone-ins during radio and television programmes) or

without human intervention (such as automatic calling machine,

audiotext), radio, videophone (telephone with screen), videotext

(microcomputer and television screen) with keyboard or touch

screen, electronic mail, facsimile machine (fax), and television

(teleshopping), and any other means of communication,

transmission, conveyance and receipt of information by wire, radio,

optical means, electromagnetic means or by any electronic means;

"Minister" means the Minister responsible for the Malta Gaming

Authority;

"National Lottery" means generally all such games as are

prescribed to form part of the National Lottery by virtue of

regulations under this Act, and the terms and conditions of which

and other matters relating thereto are also prescribed by regulations

or in the National Lottery licence; and "National Lottery licence"

LOTTERIES AND OTHER GAMES

means a licence to operate the National Lottery granted under

article 26(3) to a company registered in Malta and any games

a u t h o r i s e d b y t h e Au t h o r i t y a n d su b j e c t t o s u c h t e r m s a n d

conditions therein, and "National Lottery licensee" shall be

construed accordingly;

"non-profit game" means a game organised by a non-profit

organization, the net proceeds of which are intended for a religious,

sports, philanthropic, cultural, educational, social or civic purpose

or for any other purpose as the Minister may by order in the Gazette

prescribe; and "non-profit game licence" means a licence to operate

a non-profit game granted by the Authority to a non-profit

organization under article 37, and "non-profit game licensee" shall

be construed accordingly;

"non-profit organization" means any non-profit organization

domiciled in Malta such as religious societies, band clubs, youth

movements, cultural societies, literary societies, clubs promoting

arts, sports clubs and sports associations, charitable societies,

philanthropic societies, political party clubs and political parties,

trades union, social clubs or any other association or body of

persons or individual person pursuing objectives of a religious,

philanthropic, cultural, educational, social or civic nature, and

approved in writing as a non-profit organization by the Authority

for the purposes of this Act, and in respect of which such approval

has not been revoked;

"other games" means and includes non-profit games operated by

non-profit game licensees, commercial tombola games operated by

tombola (bingo) hall licensees, commercial communication games

operated by commercial communication game licensees,

broadcasting media games operated by broadcasting media game

licensees, and racecourse bets and sweepstakes operated by

racecourse betting licensees, in terms of their respective licence

and under such terms and conditions as may be prescribed by virtue

of regulations, or by their respective licence; and "other games

licensee" shall be construed accordingly;

"public officer" has the same meaning assigned to it by article

124 of the Constitution, but does not include a judge or a magistrate

of the courts;

"qualifying shareholding" means a direct shareholding in a

company which represents five per centum or more of the share

capital issued by such company or of the voting rights attaching to

such share capital or which makes it possible to exercise a

significant influence over the management of the company, and

"qualifying shareholder" shall be construed accordingly;

"racecourse" means any ground used or intended for use for the

purpose of racing with horses and, or dogs thereon;

"racecourse bet" means a bet on a horse race or races or on a dog

race or races conducted on a racecourse; and "racecourse betting"

shall be construed as the playing of a racecourse bet;

"racecourse betting licence" means a licence to operate

racecourse bets and, or sweepstakes granted by the Authority to an

approved racing club or other person under article 43, and

LOTTERIES AND OTHER GAMES

"racecourse betting licensee" shall be construed accordingly;

"Racecourse Control Board" means a Racecourse Control Board

appointed in respect of an approved racecourse by the Minister

responsible for sport under article 46;

"racing club" means and includes a club, organisation, company

or any other association or body of persons which has as its object

or as one of its objects the organisation and conduct of horse races

and, or dog races on a racecourse, whether such club, organisation,

company, association or body is the owner of such racecourse or

not, and where a racecourse is owned by an individual, it includes

that individual;

"relevant gaming device" means any electrical, electronic or

mechanical device which is used or intended for use in connection

with the operation, promotion or sale of a game and, or in gaming;

"seasonal tombola (bingo) hall licence" means a tombola (bingo)

hall licence which is issued for such effective term as provided in

item 1(2) of the Second Schedule, and which is renewable for such

further periods as provided in item 1(3) thereof; and "seasonal

tombola (bingo) hall licensee" shall be construed accordingly;

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

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

the participant, but does not include a sport event;

"small game" means any game wherein the aggregate retail value

of all prizes which can be won in such game does not exceed the

amount of two hundred and thirty-five euro (€235.00) or such

lesser amount as may be prescribed in respect of small games or a

specified small game or games by the relevant regulations made

under article 78(2)(g);

"sport bet" means a bet on a sport event or a set of sport events

and includes a racecourse bet;

"stake" means the economic value which the player of a game, or

any third party on his behalf, has to commit in order for the player

to participate in such game and which he can lose, wholly or in

part, following the result of the game;

"sweepstake" means a game connected with a horse race or races

conducted on a racecourse which is played as provided in item 1 of

the Sixth Schedule;

"subsidiary" has the same meaning as is assigned to the term

"subsidiary undertaking" by the Companies Act;

"tombola game" means a game of chance, also known as "bingo"

in which the player uses a tombola scoresheet or a tombola

scorecard or an electronic representation thereof bearing numbers,

and is played by marking or covering numbers from one (1) to

ninety (90), both numbers inclusive, as are identical to numbers

drawn by chance, whether manually or electronically, and won by

the player who first marks or covers the "line" which is achieved

when, during one game, for the first time all five numbers on one

horizontal row on one scorecard are drawn; or the "house" or

"bingo" which is achieved when, during one game, for the first time

LOTTERIES AND OTHER GAMES

all the fifteen numbers on one scorecard are drawn;

"tombola (bingo) hall" means such premises in respect of which

a tombola (bingo) hall licence has been granted to a company

registered in Malta to hold commercial tombola games therein; and

"tombola (bingo) hall licence" means a licence to operate

commercial tombola games in a tombola (bingo) hall granted by the

Authority under article 38 to a company registered in Malta and

includes a yearly tombola (bingo) hall licence and a seasonal

tombola (bingo) hall licence, and "tombola (bingo) hall licensee"

shall be construed accordingly;

"tombola (bingo) session" means a pre-established period of time

during which a number of tombola games are held;

"tombola scorecard" means the unit of tombola game on which

some of the numbers participating in such tombola game are

printed or otherwise electronically represented, and by which a

player may participate in such tombola game;

"tombola scoresheet" means a combination of tombola

scorecards on which all the numbers participating in a tombola

game are printed or otherwise electronically represented, and by

which a player participates in such tombola game;

"totalisator" means the contrivance for racecourse betting known

as the totalisator of pari-mutuel, or any other device or instrument

of a like nature which is used or intended for use in connection with

racecourse betting, whether operated electrically, electronically,

mechanically, manually or otherwise;

"yearly tombola (bingo) hall licence" means a tombola (bingo)

hall licence which is issued for such effective term as provided in

item 1(1) of the Second Schedule, and which is renewable for

further periods of one year each as provided in item 1(3) thereof;

and "yearly tombola (bingo) hall licensee" shall be construed

accordingly.

(2) Except as otherwise expressly provided in this Act, nothing

in this Act shall prejudice the operation of, or shall be deemed to

substitute or to derogate any of the provisions of, the Gaming Act

and the Prevention of Corruption (Players) Act.

(3) In this Act and in any regulations made thereunder, if there

is any conflict between the English and Maltese texts, the English

text shall prevail.

(4) Any reference in any law or private contract or any other

legal instrument or document whatsoever, be it domestic, foreign or

international, to the Lotteries and Gaming Authority shall be

construed as a reference to the Malta Gaming Authority.

PART III - GENERAL PRINCIPLES

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Second Schedule — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

Amended by

L.N. 426 of 2007.

Article 38

Commercial tombola games in tombola (bingo) halls

Duration and renewal of licence.

1. (1) A yearly tombola (bingo) hall licence shall be issued for an effective

term of one year.

(2) A seasonal tombola (bingo) hall licence shall be issued for an effective term

of six months.

(3) Unless it is previously cancelled, a yearly tombola (bingo) hall licence may

be renewed by the Authority for further periods of one year each, and a seasonal

tombola (bingo) hall licence may be renewed by the Authority for further periods of

six months each.

(4) Any such renewal as is mentioned in sub-item (3) hereof is subject to

compliance by the tombola (bingo) hall licensee, during the immediately preceding

original or renewed term of the licence, with the provisions of this Act and of any

LOTTERIES AND OTHER GAMES

regulations made thereunder, and with the terms and conditions of the licence and

with any directive issued by the Authority in terms of this Act or of regulations made

thereunder and applicable to such licensee, and subject to the acceptance by the

Authority of the written application for such renewal made by the licensee to the

Authority by such date before the expiry of the immediately preceding original or

renewed term of the licence as the Authority has specified in the licence, and

containing such information as the Authority has specified therein as necessary or

expedient to enable it determine whether to renew the said licence.

(5) After the submission of an application for the renewal of a tombola (bingo)

hall licence, the Authority may require the applicant to provide such other

information, in addition to that provided together with the application, as may be

deemed necessary for the purpose of determining the said application.

Application for a licence.

2. (1) An application for a tombola (bingo) hall licence shall be made by, or on

behalf of, the company registered in Malta which intends to operate commercial

tombola games in a tombola (bingo) hall, in the form and manner required by the

(2)

Such application shall at least contain the following information

(a) the name, registered office and registration number of the applicant

company and the address in Malta for the service of documents on the

applicant company;

(b) a description of the location, layout and specifications of the premises

in respect of which the application is made;

(c) the dates or days of the week, and the tombola (bingo) sessions or times

during such dates or days, on and during which commercial tombola

games are to be operated; and

(d) the rules and regulations regarding the procedures for operating and

playing the commercial tombola game, the winning combinations, the

elements of the tombola game, the proposed procedures for the printing,

procurement, distribution, use and sale of tombola scorecards and

tombola scoresheets, the number, type and specifications of gaming

devices to be used in operating and playing the game, the selling price

of tombola scorecards and tombola scoresheets proposed to be applied,

the proposed prizes, the proposed procedures for payment and

distribution of prizes, the proposed procedures for making

reimbursements to players, the proposed procedures for keeping

registers recording the tombola games played and the proposed

measures to ensure the regular operation and playing of the tombola

game.

(3)

Such application shall contain or be accompanied by -

(a) a copy of the certificate of registration and of the memorandum and

articles of association of the applicant company;

(b) a site plan of the premises in respect of which the application is made;

(c) a certificate indicating the safety of the premises against fire and other

accidents; and

(d) such other information, documents and particulars as the Authority may

require or as may be prescribed by regulations.

(4)

After the submission of an application for a tombola (bingo) hall licence, the

LOTTERIES AND OTHER GAMES

Authority shall have the power to require the applicant to provide such other

information in addition to that provided together with the application as it shall deem

necessary for the purpose of determining the said application.

Grant of a licence.

3. The Authority shall not issue a tombola (bingo) hall licence to a person

unless that person is a company registered in Malta and the Authority is satisfied

that -

(a) the voting share capital of the company is owned directly or indirectly

by a person or persons who are fit and proper to benefit from the

operation by the company of commercial tombola games and to exercise

their rights of membership in such manner as to ensure the proper

operation by the company of commercial tombola games;

(b) the director or directors of the company are fit and proper to manage the

company and to exercise their functions and duties as directors in such

manner as to ensure the proper operation by the company of commercial

tombola games;

(c) the company has the financial and technical means and the expertise

necessary to properly operate commercial tombola games and to fulfil

all its obligations under this Act;

(d) the company will, prior to the commencement of operations, take out

and thereafter maintain, the bank guarantee referred to in item 6 of this

Schedule as provided and in accordance with the said item 6; and

(e) the company will comply in all respects with the provisions of this Act

and of any regulations made thereunder applicable to it, and with the

terms and conditions of the licence and with any directive issued by the

Authority in terms of this Act or of regulations made thereunder and

applicable to it.

Form of licence.

4. (1) The tombola (bingo) hall licence shall be in such form as the Authority

may determine or as may be prescribed by regulations.

(2) The grant of a tombola (bingo) hall licence does not exonerate the licensee

from obtaining any other licence, permit or authorization which may be required

under any other law.

Licence conditions and variations or revocations thereof.

5. (1) In granting a tombola (bingo) hall licence the Authority may subject it to

such conditions as it may deem appropriate, including conditions relating to the

maintenance of a tombola game centralised control system, and having granted such

licence the Authority may, from time to time, vary or revoke any condition so

imposed or impose new conditions

Provided that whenever the Authority deems it appropriate to vary any

condition or impose any new condition in a tombola (bingo) hall licence, the

Authority shall, unless such variation or imposition of a new condition has been

requested by the licensee himself, inform the licensee by notice in writing of its

intention to vary the said condition or to impose the said new condition, and call

upon the said licensee to show cause, within such period being not less that twenty-

one days after the issue of the notice as may be specified in the same notice, why

such condition should not be varied or such new condition should not be imposed,

and the Authority shall consider any response made by the licensee within the period

LOTTERIES AND OTHER GAMES

specified in the notice before varying the condition or before imposing the new

condition.

(2) Conditions in a tombola (bingo) hall licence may impose requirements to be

complied with by the licensee after the licence has ceased to have effect.

(3) A tombola (bingo) hall licence may impose conditions requiring the

licensee -

(a) to obtain the consent of the Authority before doing anything specified,

or of a description specified, in the licence; and

(b) to refer matters specified, or of a description specified, in the licence to

the Authority for approval.

(4) A tombola (bingo) hall licence shall be deemed to include a condition

requiring the licensee to obtain the consent of the Authority before entering into any

arrangement with any person, other than an employee of the licensee, for the

operation of commercial tombola games within the tombola (bingo) hall in respect of

which the tombola (bingo) hall licence has been granted to such licensee.

(5) A tombola (bingo) hall licence shall include a condition requiring the

licensee to pay to the Authority, at such times as may be prescribed by regulations,

such fees, duties, taxes and, or other sums as may be so prescribed, which fees,

duties, taxes and, or sums shall be in addition to those which the licensee may be

required to pay under any law other than this Act.

Requirement of bank guarantee.

6. (1) A tombola (bingo) hall licence shall include a condition requiring the

licensee to take out, prior to the commencement of operations, a bank guarantee, to

be issued by a bank or by a credit or financial institution acceptable to the Authority,

in favour of the Authority and on its own behalf and on behalf of the Government, to

the amount of twenty-three thousand and two hundred and ninety-three euro and

seventy-three cents (23,293.73), for securing -

(a) the payment and distribution of prizes by the licensee to winners of

commercial tombola games operated under the licence;

(b) the payment of fees, taxes, duties or any other sums payable by the

licensee to the Authority in terms of item 5(5) of this Schedule;

(c) the payment by the licensee of any fines or administrative penalties

imposed on it under Part XII or under regulations made under this Act.

(2) The bank guarantee shall become payable to the Authority on its first

demand, and it shall not be incumbent upon the relative bank, credit or financial

institution which issued the bank guarantee to verify whether such demand is

justified.

(3) The bank guarantee shall remain valid until the expiry of one year from the

expiry of the licence or until such time as the Authority considers and notifies the

licensee in writing that such bank guarantee is no longer required, whichever is the

earlier.

(4) The bank guarantee shall be subject to such other terms and conditions as

may be specified in the licence or as may be prescribed by regulations made under

this Act.

Changes in ownership and management etc.

7. (1)

(a) Without prejudice to the provisions of item 8 of this Schedule, it

LOTTERIES AND OTHER GAMES

shall be the duty of the tombola (bingo) hall licensee and of the directors thereof, to

inform the Authority of any change in, or in the direct or indirect ownership of, the

voting share capital of the licensee, or of any change in the management or Board of

Directors of the licensee, within five days of such change. It shall also be the duty of

the licensee and of its directors to inform the Authority of any material changes in

the information and documentation provided by the licensee in terms of item 2(2),

(3) and (4) of this Schedule or in terms of any other provision of this Act or of

regulations made thereunder or in terms of conditions attached to the tombola

(bingo) hall licence, as soon as they become aware of such changes.

(b) Where owing to any change as is referred to in paragraph (a) hereof,

whether the Authority has been informed of such change in accordance with the said

paragraph (a) or not, a situation is brought about that, had it existed at the time of the

application for the tombola (bingo) hall licence, it would have disqualified the

licensee from obtaining a licence in terms of item 3 of this Schedule, the Authority

shall by notice inform the licensee accordingly, and if the situation shall not have

been remedied to the satisfaction of the Authority within one calendar month from

the notice to that effect by the Authority, the Authority shall cancel such licence

without complying with the provisions of item 10 of this Schedule

Provided that the Authority shall not issue a notice as aforesaid any later

than three calendar months after being informed by the licensee or its directors of the

change in accordance with paragraph (a) hereof.

(2) Failure by the licensee or the directors thereof to comply with the provisions

of sub-item (1)(a) hereof shall constitute an offence against this Act.

Assignment or surrender of licence and transfer of controlling interests.

8. (1) It shall be the duty of a tombola (bingo) hall licensee to obtain the prior

approval in writing of the Authority before taking any of the actions set out in

paragraphs (a) to (f) of sub-item (2) of this item 8, and if such approval is given, the

licensee may then take any of the said actions only subject to such terms and

conditions as may be specified by the Authority in its approval. A tombola (bingo)

hall licensee who acts in breach of the provisions of this sub-item (1) shall be guilty

of an offence against this Act. It shall be the duty of all the directors of the licensee

to inform the Authority forthwith upon becoming aware that the licensee intends to

take any of the said actions, and in default they shall be guilty of an offence against

this Act.

(2)

The actions referred to in sub-item (1) of this item 8 are

(a) the transfer or assignment of the tombola (bingo) hall licence by the

tombola (bingo) hall licensee to any other person;

(b) the sale or other disposition by the tombola (bingo) hall licensee of its

business, whether in whole or in part;

(c) the merger by the tombola (bingo) hall licensee with any other

company;

(d) the tombola (bingo) hall licensee undergoing any reconstruction,

division or any conversion of its status from a company into any other

kind of commercial partnership;

(e) the reduction of the nominal or issued share capital of the tombola

(bingo) hall licensee or the increase or reduction of its voting share

capital or any material change in voting rights in such licensee; or

(f) the surrender of the tombola (bingo) hall licence by the tombola (bingo)

LOTTERIES AND OTHER GAMES

hall licensee during the licence term.

(3) It shall be the duty of any person who holds or owns a controlling interest in

a tombola (bingo) hall licensee to obtain the prior approval in writing of the

Authority before transferring such controlling interest to any other person, or such

part thereof as would cause him to cease to hold or own a controlling interest in the

licensee or as would cause the transferee to acquire a controlling interest in the

licensee, and if such approval is given, the said person may then transfer such

controlling interest or part thereof as aforesaid only subject to such terms and

conditions as may be specified by the Authority in its approval. A person who acts in

breach of the provisions of this sub-item (3) shall be guilty of an offence against this

Act. It shall be the duty of the tombola (bingo) hall licensee and of all the directors

thereof to inform the Authority forthwith upon becoming aware that any person who

holds or owns a controlling interest in the licensee intends to transfer such

controlling interest or part thereof as aforesaid to any other person, and in default

they shall be guilty of an offence against this Act.

(4) For the purposes of this sub-item (3) and of any other provision of this

Schedule which makes reference to this sub-item (3), "controlling interest in a

tombola (bingo) hall licensee" means a direct shareholding in a tombola (bingo) hall

licensee which represents at least twenty per centum of the voting share capital

issued by such licensee.

If a tombola (bingo) hall licensee takes any of the actions set out in

paragraphs (a) to (e) of sub-item (2) of this item 8, or if a person referred to in sub-

item (3) of this item 8 effects a transfer of a controlling interest in the licensee or

part thereof as referred to in the said sub-item (3) to any other person, without the

prior approval in writing of the Authority, or in breach of any terms and conditions

specified by the Authority in any such approval, the Authority may, without

prejudice to its powers under items 9 and 10 of this Schedule -

issue a directive declaring such action or transfer to be void and of no

effect, which directive shall be effective against all persons involved in

such action or transfer notwithstanding the provisions of any other law<

and, or

issue a directive to such licensee or, as the case may be, to such person

to do or restrain from doing any act which the Authority may deem

appropriate in the circumstances,

and such licensee or, as the case may be, such person shall comply with any such

directive issued to it by the Authority in terms of paragraph (b) of this sub-item (4),

failing which it shall be guilty of an offence against this Act.

Grounds for cancellation or suspension of licence.

9. The Authority may order the cancellation or suspension of a tombola (bingo)

hall licence on any of the following grounds

(a) any director or manager of the licensee is convicted of an offence

against this Act, or of theft, receiving stolen property, fraud or any

crime affecting public trust;

(b) the licensee contravenes any provision of this Act or of any regulations

made thereunder applicable to it, or is in breach of any condition in the

tombola (bingo) hall licence or any directive issued by the Authority in

terms of this Act or of regulations made thereunder and applicable to it;

(c) the licensee knowingly or recklessly supplies to the Authority material

information that is false or misleading;

LOTTERIES AND OTHER GAMES

(d) the licensee fails to fulfil his financial commitments when they become

due and payable;

(e) the licensee fails to take out and maintain the required bank guarantee

as provided and in accordance with item 6 of this Schedule;

(f) the licensee is being wound up;

(g) any person as is referred to in item 8(3) of this Schedule transfers a

controlling interest in the licensee or such part thereof as referred to in

the said item 8(3) to any other person, without the prior approval in

writing of the Authority as required by the said item 8(3), or in breach

of any terms and conditions specified by the Authority in any such

approval; or

(h) the Authority is reasonably satisfied that the licensee is not, or has

ceased to be, a suitable person to hold the tombola (bingo) hall licence,

or it reasonably deems it necessary in the national interest to cancel or

suspend the tombola (bingo) hall licence.

Procedures for the cancellation or suspension of licence.

10. (1) Where a ground for cancellation or suspension of a tombola (bingo) hall

licence arises under item 9 of this Schedule, the Authority shall, by notice in writing,

request the licensee, and may request any other person who in its opinion has an

interest in the licence, to show cause, within such period being not less than twenty-

one days after the issue of the notice as specified in the same notice, why the licence

should not be cancelled or suspended on such ground as is stated in the notice.

(2) The Authority shall have regard to any response made under sub-item (1)

hereof in such manner that -

(a) where the matter is resolved to its satisfaction, it shall take no further

action and shall inform the licensee in writing accordingly;

(b) where, although the matter is not resolved to its satisfaction, it considers

that further action is not warranted, it shall caution the licensee in

writing; or

(c) where the matter is not resolved to its satisfaction and it is satisfied that

further action is warranted, it may -

(i) by notice in writing give such direction to the licensee as it

considers appropriate; or

(ii) suspend the licence for such period as it thinks fit, or cancel such

licence.

(3) Where a direction given by the Authority under sub-item (2)(c)(i) hereof is

not complied with within the time specified in the notice, the Authority shall cancel

the licence.

Other operations in a tombola (bingo) hall.

11. A tombola (bingo) hall may not be used for the conduct of operations other

than the operation of commercial tombola games without the Authority’s prior

approval in writing of such other operations. Failure by a tombola (bingo) hall

licensee to comply with the provisions of this item 11 shall constitute an offence

against this Act.

LOTTERIES AND OTHER GAMES

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 3 Games which can be played by persons in Malta. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) Any game which originates from Malta or which is

offered from Malta or which involves a transaction that is

concluded in Malta, which is not an authorised game, or which is

not authorised to be operated under any law in Malta other than this

Act and regulations made thereunder, or which is not authorised to

LOTTERIES AND OTHER GAMES

be operated under any law enacted by a member state of the

European Union or a member state of the European Economic Area

or by any other jurisdiction or territory approved by the Authority,

is prohibited from being played by any person in Malta.

(2) The provisions of subarticle (1) also apply to any game

offered directly or indirectly from abroad or from Malta to persons

in Malta through a means of distance communication.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Third Schedule — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

L.N. 426 of 2007.

Article 40

Commercial communication games

Application for a licence.

1. (1) An application for a commercial communication game licence shall be

made by or on behalf of the person who intends to operate the commercial

communication game, in the form and manner required by the Authority.

(2)

Such application shall at least contain the following information

(a) the name and address of the applicant and the address in Malta where

any documents may be served on the applicant;

(b) the type of the commercial communication game which the applicant

wants to operate, and such particulars relating to the rules and

regulations regarding the procedures for operating and playing such

commercial communication game as the Authority may require or as

may be prescribed by regulations;

(c) the dates, times and places when and wherefrom the commercial

communication game will be operated and offered to the public and,

where applicable, the date or dates, time or times and place or places for

the drawing or drawings of the commercial communication game; and

(d) the goods or services the sale of which is intended to be promoted

through the operation of the commercial communication game.

(3) The application shall also contain or be accompanied with such other

information, documents and particulars as the Authority may require or as may be

prescribed by regulations.

(4) An application for a commercial communication game licence has to be

made in respect of each and every commercial communication game which the

applicant wants to operate, although a broadcasting media game licence may be

granted in respect of a broadcasting media game which is to be operated on different

days or at different times or for a specified period.

(5) After the submission of an application for a commercial communication

game licence, the Authority shall have the power to require the applicant to provide

such other information in addition to that given with the application as the Authority

may deem necessary for the purpose of determining the said application.

Grant of a licence.

2. The Authority shall not issue a commercial communication game licence to

a person unless the Authority is satisfied that -

(a) the proposed licensee is a fit and proper person so as to ensure, or where

the proposed licensee is not an individual, the persons who exercise

effective control and management of the affairs of the proposed licensee

are fit and proper to carry out their functions and duties in relation to

the proposed licensee in such manner as to ensure, the proper operation

of the relevant commercial communication game by the proposed

licensee;

(b) the proposed licensee will comply in all respects with the provisions of

this Act and of any regulations made thereunder applicable to it, and

LOTTERIES AND OTHER GAMES

with the terms and conditions of the commercial communication game

licence and with any directive issued by the Authority in terms of this

Act or of regulations made thereunder and applicable to it.

Form of licence.

3. (1) The commercial communication game licence shall be in such form as

the Authority may determine or as may be prescribed by regulations.

(2) The grant of a commercial communication game licence does not exonerate

the licensee from obtaining any other licence, permit or authorization which may be

required under any other law.

Licence conditions and variations or revocations thereof.

4. (1) In granting a commercial communication game licence, the Authority

may subject it to such conditions as it may deem appropriate, and having granted

such licence the Authority may, from time to time, vary or revoke any condition so

imposed or impose new conditions

Provided that whenever the Authority deems it appropriate to vary any

condition or impose any new condition in the commercial communication game

licence, the Authority shall, unless such variation or imposition of a new condition

has been requested by the licensee himself, inform the licensee by notice in writing

of its intention to vary the said condition or to impose the said new condition, calling

upon the said licensee to show cause, within such period being not less than seven

days after the issue of the notice as may be specified in the same notice, why such

condition should not be varied or such new condition should not be imposed, and the

Authority shall consider any response made by the licensee within the period

specified in the notice, before varying the condition or before imposing the new

condition.

(2) Conditions in a commercial communication game licence may impose

requirements to be complied with by the licensee after the licence has ceased to have

effect.

(3) A commercial communication game licence may impose conditions

requiring the licensee -

(a) to obtain the consent of the Authority before doing anything specified,

or of a description specified, in the licence; and

(b) to refer matters specified, or of a description specified, in the licence to

the Authority for approval.

(4) A commercial communication game licence shall include a condition

requiring the licensee to pay to the Authority, at such times as may be prescribed by

regulations, such fees, duties, taxes and, or other sums as may be so prescribed,

which fees, duties, taxes and, or sums shall be in addition to those which the licensee

may be required to pay under any law other than this Act.

(5) A commercial communication game licence shall be deemed to include a

condition that -

(a) the prize or prizes which can be won in such game shall not consist of

money or a cheque or similar document entitling the holder to convert it

into money; and

(b) the aggregate retail value of all prizes which can be won in such game

shall not exceed the amount of fifty-eight thousand and two hundred

and thirty-four euro and thirty-three cents (58,234.33).

LOTTERIES AND OTHER GAMES

Changes in effective control and management etc.

5. (1) (a) If the commercial communication game licensee is a person other

than an individual, such licensee shall within five days of any change in the persons

who exercise effective control and management of the affairs of the licensee inform

the Authority of such change. The licensee shall also inform the Authority of any

material changes in the information and documentation provided by the licensee in

terms of item 1(2), (3) and (5) of this Schedule or in terms of any other provision of

this Act or of regulations made thereunder or in terms of conditions attached to the

commercial communication game licence, as soon as it becomes aware of such

changes.

(b) Where owing to any change as is referred to in paragraph (a) hereof,

whether the Authority has been informed of such change in accordance with the said

paragraph (a) or not, a situation is brought about that, had it existed at the time of the

application for the commercial communication game licence, it would have

disqualified the licensee from obtaining a licence in terms of item 2 of this Schedule,

the Authority shall by notice inform the licensee accordingly, and if the situation

shall not have been remedied to the satisfaction of the Authority within five days

from the notice to that effect by the Authority, the Authority shall cancel such

licence without complying with the provisions of item 8 of this Schedule

Provided that the Authority shall not issue a notice as aforesaid any later

than one month after being informed by the licensee of the change in accordance

with paragraph (a) hereof.

(2) Failure by the licensee to comply with the provisions of sub-item (1) hereof

shall constitute an offence against this Act.

Assignment or surrender of licence.

6. (1) A commercial communication game licence may not be assigned or

transferred by the commercial communication game licensee to any other person.

(2) The commercial communication game licensee may not surrender the

commercial communication game licence during the licence term without the prior

approval in writing of the Authority, and if such approval is given, the licence may

then be surrendered only subject to such terms and conditions as may be specified by

the Authority in its approval.

(3) If a commercial communication game licence is assigned or transferred by

the commercial communication game licensee to any other person -

(a) such licence shall be considered null and void< and

(b) the Authority may issue a directive to such licensee to do or restrain

from doing any act which the Authority may deem appropriate in the

circumstances, and such licensee shall comply with any such directive,

failing which it shall be guilty of an offence against this Act.

(4) A commercial communication game licensee who acts in breach of the

provisions of this item 6 shall be guilty of an offence against this Act.

Grounds for cancellation or suspension of licence.

7. The Authority may order the cancellation or suspension of a commercial

communication game licence on any of the following grounds

(a) the licensee, or any person who exercises effective control and

management of the affairs of the licensee, is convicted of an offence

LOTTERIES AND OTHER GAMES

against this Act, or of theft, receiving stolen property, fraud or any

crime affecting public trust;

(b)

the licensee contravenes any provision of this Act or of any regulations

made thereunder applicable to it, or is in breach of any condition in the

commercial communication game licence or any directive issued by the

Authority in terms of this Act or of regulations made thereunder and

applicable to it;

(c)

the licensee knowingly or recklessly supplies to the Authority material

information that is false or misleading;

(d)

the licensee fails to fulfil his financial commitments when they become

due and payable;

(e)

the licensee is being wound up; or

(f)

the Authority is reasonably satisfied that the licensee is not, or has

ceased to be, a suitable person to hold the commercial communication

game licence, or it reasonably deems it necessary in the national interest

to cancel or suspend the commercial communication game licence.

Procedures for the cancellation or suspension of licence.

8. (1) Where a ground for cancellation or suspension of a commercial

communication game licence arises under item 7 of this Schedule, the Authority

shall, by notice in writing, request the licensee, and may request any other person

who in its opinion has an interest in the licence, to show cause, within such period

being not less than five days after the issue of the notice as specified in the same

notice, why the licence should not be cancelled or suspended on such ground as is

stated in the notice.

(2) The Authority shall have regard to any response made under sub-item (1)

hereof in such manner that -

(a) where the matter is resolved to its satisfaction, it shall take no further

action and shall inform the licensee in writing accordingly;

(b) where, although the matter is not resolved to its satisfaction, it considers

that further action is not warranted, it shall caution the licensee in

writing; or

(c) where the matter is not resolved to its satisfaction and it is satisfied that

further action is warranted, it may -

(i) by notice in writing give such direction to the licensee as it

considers appropriate; or

(ii) suspend the licence for such period as it thinks fit, or cancel such

licence.

(3) Where a direction given by the Authority under sub-item (2)(c)(i) hereof is

not complied with within the time specified in the notice, the Authority shall cancel

the licence.

LOTTERIES AND OTHER GAMES

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 4 Game based on the result of games. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

Without prejudice to the provisions of article 78(2)(g), no

authorised game may be organised on the results of games operated

by the holder of a casino licence issued under the Gaming Act in

terms of such licence or by a licensee under this Act in terms of his

licence, or on the results of any game which is lawfully organised

outside Malta, without the prior approval in writing of the

Authority, and if such approval is given, the relevant authorised

game may then be organised as aforesaid only subject to such terms

and conditions as may be specified by the Authority in its approval,

which terms and conditions may inter alia make the approval

subject to the condition that the person to whom such approval is

given seeks and obtains the prior consent to so organise the

relevant authorised game from the casino licensee or the licensee

operating the game on the results of which such relevant authorised

game is to be organised or, as the case may be, from the person

lawfully organising the game outside Malta on the results of which

game the relevant authorised game is to be organised

Provided that in the case of authorised games operated by a

licensee, the aforesaid approval of the Authority and any relevant

terms and conditions may be incorporated in the respective licence

issued to such licensee.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Fourth Schedule — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

L.N. 426 of 2007.

Article 41

Broadcasting media games

Application for a licence.

1. (1) An application for a broadcasting media game licence shall be made by

or on behalf of the owner or operator of a radio or television station, or the sub-

contractor thereof, who intends to operate the broadcasting media game, in the form

and manner required by the Authority.

(2)

Such application shall at least contain the following information

(a) the name and address of the applicant and the address in Malta where

any documents may be served on the applicant;

(b) the type of the broadcasting media game which the applicant wants to

operate, and such particulars relating to the rules and regulations

regarding the procedures for operating and playing such broadcasting

media game as the Authority may require or as may be prescribed by

regulations; and

(c) the dates, times, channels, frequencies and transmitting or recording

studios when, on which and wherefrom the broadcasting media game

will be operated and offered to the public and, where applicable, the

date or dates, time or times and place or places for the drawing or

drawings of the broadcasting media game.

(3) The application shall also contain or be accompanied with such other

information, documents and particulars as the Authority may require or as may be

prescribed by regulations.

(4) An application for a broadcasting media game licence has to be made in

respect of each and every broadcasting media game which the applicant wants to

operate, although a broadcasting media game licence may be granted in respect of a

broadcasting media game which is to be operated on different days or at different

times or for a specified period.

(5) After the submission of an application for a broadcasting media game

licence, the Authority shall have the power to require the applicant to provide such

other information in addition to that given with the application as the Authority may

deem necessary for the purpose of determining the said application.

Grant of a licence.

2. The Authority shall not issue a broadcasting media game licence to a person

unless that person is the owner or operator of a radio or television station or a sub-

contractor thereof and the Authority is satisfied that

(a) the proposed licensee is a fit and proper person so as to ensure, or where

the proposed licensee is not an individual, the persons who exercise

effective control and management of the affairs of the proposed licensee

are fit and proper to carry out their functions and duties in relation to

the proposed licensee in such manner as to ensure, the proper operation

of the relevant broadcasting media game by the proposed licensee;

(b) the proposed licensee will comply in all respects with the provisions of

this Act and of any regulations made thereunder applicable to it, and

LOTTERIES AND OTHER GAMES

with the terms and conditions of the broadcasting media game licence

and with any directive issued by the Authority in terms of this Act or of

regulations made thereunder and applicable to it.

Form of licence.

3. (1) The broadcasting media game licence shall be in such form as the

Authority may determine or as may be prescribed by regulations.

(2) The grant of a broadcasting media game licence does not exonerate the

licensee from obtaining any other licence, permit or authorization which may be

required under any other law.

Licence conditions and variations or revocations thereof.

4. (1) In granting a broadcasting media game licence, the Authority may

subject it to such conditions as it may deem appropriate, and having granted such

licence the Authority may, from time to time, vary or revoke any condition so

imposed or impose new conditions

Provided that whenever the Authority deems it appropriate to vary any

condition or impose any new condition in the broadcasting media game licence, the

Authority shall, unless such variation or imposition of a new condition has been

requested by the licensee himself, inform the licensee by notice in writing of its

intention to vary the said condition or to impose the said new condition, calling upon

the said licensee to show cause, within such period being not less than seven days

after the issue of the notice as may be specified in the same notice, why such

condition should not be varied or such new condition should not be imposed, and the

Authority shall consider any response made by the licensee within the period

specified in the notice, before varying the condition or before imposing the new

condition.

(2) Conditions in a broadcasting media game licence may impose requirements

to be complied with by the licensee after the licence has ceased to have effect.

(3) A broadcasting media game licence may impose conditions requiring the

licensee -

(a) to obtain the consent of the Authority before doing anything specified,

or of a description specified, in the licence; and

(b) to refer matters specified, or of a description specified, in the licence to

the Authority for approval.

(4) A broadcasting media game licence shall include a condition requiring the

licensee to pay to the Authority, at such times as may be prescribed by regulations,

such fees, duties, taxes and, or other sums as may be so prescribed, which fees,

duties, taxes and, or sums shall be in addition to those which the licensee may be

required to pay under any law other than this Act.

(5)

A broadcasting media game licence shall be deemed to include a condition

that -

(a) the prize or prizes which can be won in such game shall not consist of

money or a cheque or similar document entitling the holder to convert it

into money; and

(b) the aggregate retail value of all prizes which can be won in such game

shall not exceed the amount of fifty-eight thousand and two hundred

and thirty-four euro and thirty-three cents (58,234.33).

LOTTERIES AND OTHER GAMES

Changes in effective control and management etc.

5. (1) (a) If the broadcasting media game licensee is a person other than an

individual, such licensee shall within five days of any change in the persons who

exercise effective control and management of the affairs of the licensee inform the

Authority of such change. The licensee shall also inform the Authority of any

material changes in the information and documentation provided by the licensee in

terms of item 1(2), (3) and (5) of this Schedule or in terms of any other provision of

this Act or of regulations made thereunder or in terms of conditions attached to the

broadcasting media game licence, as soon as it becomes aware of such changes.

(b) Where owing to any change as is referred to in paragraph (a) hereof,

whether the Authority has been informed of such change in accordance with the said

paragraph (a) or not, a situation is brought about that, had it existed at the time of the

application for the broadcasting media game licence, it would have disqualified the

licensee from obtaining a licence in terms of item 2 of this Schedule, the Authority

shall by notice inform the licensee accordingly, and if the situation shall not have

been remedied to the satisfaction of the Authority within five days from the notice to

that effect by the Authority, the Authority shall cancel such licence without

complying with the provisions of item 8 of this Schedule

Provided that the Authority shall not issue a notice as aforesaid any later

than one month after being informed by the licensee of the change in accordance

with paragraph (a) hereof.

(2) Failure by the licensee to comply with the provisions of sub-item (1) hereof

shall constitute an offence against this Act.

Assignment or surrender of licence.

6. (1) A broadcasting media game licence may not be assigned or transferred

by the broadcasting media game licensee to any other person.

(2) The broadcasting media game licensee may not surrender the broadcasting

media game licence during the licence term without the prior approval in writing of

the Authority, and if such approval is given, the licence may then be surrendered

only subject to such terms and conditions as may be specified by the Authority in its

approval.

(3) If a broadcasting media game licence is assigned or transferred by the

broadcasting media game licensee to any other person -

(a) such licence shall be considered null and void; and

(b) the Authority may issue a directive to such licensee to do or restrain

from doing any act which the Authority may deem appropriate in the

circumstances, and such licensee shall comply with any such directive,

failing which it shall be guilty of an offence against this Act.

(4) A broadcasting media game licensee who acts in breach of the provisions of

this item 6 shall be guilty of an offence against this Act.

Grounds for cancellation or suspension of licence.

7. The Authority may order the cancellation or suspension of a broadcasting

media game licence on any of the following grounds

(a) the licensee, or any person who exercises effective control and

management of the affairs of the licensee, is convicted of an offence

against this Act, or of theft, receiving stolen property, fraud or any

LOTTERIES AND OTHER GAMES

crime affecting public trust;

(b)

the licensee contravenes any provision of this Act or of any regulations

made thereunder applicable to it, or is in breach of any condition in the

broadcasting media game licence or any directive issued by the

Authority in terms of this Act or of regulations made thereunder and

applicable to it;

(c)

the licensee knowingly or recklessly supplies to the Authority material

information that is false or misleading;

(d)

the licensee fails to fulfil his financial commitments when they become

due and payable;

(e)

the licensee is being wound up; or

(f)

the Authority is reasonably satisfied that the licensee is not, or has

ceased to be, a suitable person to hold the broadcasting media game

licence, or it reasonably deems it necessary in the national interest to

cancel or suspend the broadcasting media game licence.

Procedures for the cancellation or suspension of the licence.

8. (1) Where a ground for cancellation or suspension of a broadcasting media

game licence arises under item 7 of this Schedule, the Authority shall, by notice in

writing, request the licensee, and may request any other person who in its opinion

has an interest in the licence, to show cause, within such period being not less than

five days after the issue of the notice as specified in the same notice, why the licence

should not be cancelled or suspended on such ground as is stated in the notice.

(2) The Authority shall have regard to any response made under sub-item (1)

hereof in such manner that -

(a) where the matter is resolved to its satisfaction, it shall take no further

action and shall inform the licensee in writing accordingly;

(b) where, although the matter is not resolved to its satisfaction, it considers

that further action is not warranted, it shall caution the licensee in

writing; or

(c) where the matter is not resolved to its satisfaction and it is satisfied that

further action is warranted, it may -

(i) by notice in writing give such direction to the licensee as it

considers appropriate; or

(ii) suspend the licence for such period as it thinks fit, or cancel such

licence.

(3) Where a direction given by the Authority under sub-item (2)(c)(i) hereof is

not complied with within the time specified in the notice, the Authority shall cancel

the licence.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 5 Games which can be operated, etc., by persons in Malta. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

Any game which is not an authorised game, or which is not

authorised to be operated under any law in Malta other than this

Act and regulations made thereunder, or which is not authorised to

be operated under any law enacted by a member state of the

European Union or a member state of the European Economic Area

or by any other jurisdiction or territory approved by the Authority,

or which is not a game which is operated by the holder of a permit

granted under regulations made under article 78(3) in terms of such

permit, is prohibited from being operated, promoted or sold by any

person in Malta

Provided that the Authority may impose such proportionate

requirements and conditions, in conformity with European Union

law, as it may deem necessary in fulfilment of its functions under

this Act, or as the Minister may direct the Authority by virtue of

article 12, in respect of games authorised under any law enacted by

a member state of the European Union or a member state of the

European Economic Area or any other jurisdiction or territory

approved by the Authority

Provided further that such requirements and conditions

shall be compatible with international obligations.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Fifth Schedule — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(Repealed by Act XXII. 2009.21)

LOTTERIES AND OTHER GAMES

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 6 Offences against this Part. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

It shall be an offence against this Act for any person to -

(a) operate, promote, sell, or participate in, or in any way

LOTTERIES AND OTHER GAMES

to aid or abet the operation, promotion or sale of a

game in contravention of articles 3 or 4; or

(b) operate, promote or sell or in any way to aid or abet

the operation, promotion or sale of a game in

contravention of article 5

Provided that the liabilities and obligations of providers of

information society services in connection with games shall be

regulated by the provisions of articles 22 to 25 of the Electronic

Commerce Act, and nothing in this article or in any other provision

of this Act shall prejudice the operation of the said articles 22 to 25

of the Electronic Commerce Act.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Sixth Schedule — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

Article 43

Racecourse Bets and sweepstakes

Method of operating and playing a sweepstake

1. For the purposes of the definition of "sweepstake" in article 2(1), a

sweepstake is a game connected with a horse race or races conducted on a racecourse

which is played -

(a) by two or more persons not exceeding in number the number of horses

or runners participating in any horse race in connection with which the

game is operated and played (hereinafter in this paragraph referred to as

"the relevant horse race"), each of which persons participates in the

game by paying a monetary stake to the person operating the game

(hereinafter in this paragraph referred to as "the operator") in return for

a ticket drawn by lot by the operator, previously to the start of the

relevant horse race, from among tickets not exceeding in number the

number of horses or runners participating in the relevant horse race and

each of which tickets is matched to a different horse or runner

participating in the relevant horse race, and which is won by the person

or persons whose ticket or tickets are matched to the horse or runner or

horses or runners placing in such places in the relevant horse race which

are prescribed to be winning places by the rules of the game, and

whereby the prize in such game consists of the whole of the monies

staked in such game less such amount thereof as may, subject to the

provisions of this Schedule, be deducted and kept by the operator in

accordance with the rules of such game, which prize is distributed to the

winners of such game in the proportions set out in, and according to, the

rules of the game; or

(b) by means of tickets each bearing a different number, symbol or picture,

which tickets are purchased by participants in such game against

payment of a monetary stake to the person operating the game

(hereinafter in this paragraph referred to as "the operator") previously to

the start of any horse race in connection with which the game is

operated and played (hereinafter in this paragraph referred to as "the

relevant horse race"), and whereby the operator draws by lot, previously

to the start or after the termination of the relevant horse race a number

of numbers, symbols or pictures equal to the number of horses or

runners participating in the relevant horse race and is won by the

holders of the tickets bearing the same numbers, symbols or pictures as

those drawn as aforesaid, and whereby the prize in such game consists

of the whole of the monies staked in such game less such amount

thereof as may, subject to the provisions of this Schedule, be deducted

and kept by the operator in accordance with the rules of such game,

which prize is distributed to the holders of the winning tickets in the

proportions set out in, and according to, the rules of the game.

Duration and renewal of licence.

2. (1) A racecourse betting licence shall be issued for such term, not exceeding

one year as the Authority may specify in the licence.

(2) Unless it is previously cancelled, a racecourse betting licence may be

renewed by the Authority for a further period or further periods, each of which shall

LOTTERIES AND OTHER GAMES

not exceed one year, as the Authority may determine.

(3) Any such renewal as is mentioned in sub-item (2) hereof is subject to

compliance by the racecourse betting licensee, during the immediately preceding

original or renewed term of the licence, with the provisions of this Act and of any

regulations made thereunder, and with the terms and conditions of the licence and

with any directive issued by the Authority in terms of this Act or of regulations made

thereunder and applicable to such licensee, and subject to the acceptance by the

Authority of the written application for such renewal made by the licensee to the

Authority by such date before the expiry of the immediately preceding original or

renewed term of the licence as the Authority has specified in the licence, and

containing such information as the Authority has specified therein as necessary or

expedient to enable it determine whether to renew the said licence.

(4) After the submission of an application for the renewal of a racecourse

betting licence, the Authority may require the applicant to provide such other

information, in addition to that provided together with the application, as may be

deemed necessary for the purpose of determining the said application.

Application for a licence.

3. (1) An application for a racecourse betting licence shall be made by or on

behalf of the approved racing club or other person who intends to operate racecourse

bets and, or sweepstakes, in the form and manner required by the Authority.

(2)

Such application shall at least contain the following information

(a) the name and address of the applicant and the address in Malta where

any documents may be served on the applicant;

(b) the type of racecourse bets and, or sweepstakes which the applicant

wants to operate, and such particulars relating to the rules and

regulations regarding the procedures for operating and playing such bets

and, or sweepstakes as the Authority may require or as may be

prescribed by regulations;

(c) the approved racecourse or approved racecourses in which there will be

conducted the horse races and, or dog races on or in connection with

which the applicant wants to operate the relevant racecourse bets and, or

sweepstakes.

(3) The application shall also contain or be accompanied with such other

information, documents and particulars as the Authority may require or as may be

prescribed by regulations.

(4) After the submission of an application for a racecourse betting licence, the

Authority shall have the power to require the applicant to provide such other

information in addition to that given with the application as the Authority may deem

necessary for the purpose of determining the said application.

Grant of licence.

4. The Authority shall not issue a racecourse betting licence to a person unless

the Authority is satisfied that -

(a) the proposed licensee is a fit and proper person so as to ensure, or where

the proposed licensee is not an individual, the persons who exercise

effective control and management of the affairs of the proposed licensee

are fit and proper to carry out their functions and duties in relation to

the proposed licensee in such manner as to ensure, the proper operation

of the relevant racecourse bets and, or sweepstakes by the proposed

LOTTERIES AND OTHER GAMES

licensee;

(b) the proposed licensee will comply in all respects with the provisions of

this Act and of any regulations made thereunder applicable to it, and

with the terms and conditions of the racecourse betting licence and with

any directive issued by the Authority in terms of this Act or of

regulations made thereunder and applicable to it.

Form of licence.

5. (1) The racecourse betting licence shall be in such form as the Authority

may determine or as may be prescribed by regulations.

(2) The grant of a racecourse betting licence does not exonerate the licensee

from obtaining any other licence, permit or authorization which may be required

under any other law.

Licence conditions and variations and revocations thereof.

6. (1) In granting a racecourse betting licence, the Authority may subject it to

such conditions as it may deem appropriate, and having granted such licence the

Authority may, from time to time, vary or revoke any condition so imposed or

impose new conditions

Provided that whenever the Authority deems it appropriate to vary any

condition or impose any new condition in the racecourse betting licence, the

Authority shall, unless such variation or imposition of a new condition has been

requested by the licensee himself, inform the licensee by notice in writing of its

intention to vary the said condition or to impose the said new condition, calling upon

the said licensee to show cause, within such period being not less than seven days

after the issue of the notice as may be specified in the same notice, why such

condition should not be varied or such new condition should not be imposed, and the

Authority shall consider any response made by the licensee within the period

specified in the notice, before varying the condition or before imposing the new

condition.

(2) Conditions in a racecourse betting licence may impose requirements to be

complied with by the licensee after the licence has ceased to have effect.

(3)

A racecourse betting licence may impose conditions requiring the licensee -

(a) to obtain the consent of the Authority before doing anything specified,

or of a description specified, in the licence; and

(b) to refer matters specified, or of a description specified, in the licence to

the Authority for approval.

(4) A racecourse betting licence shall include a condition requiring the licensee

to pay to the Authority, at such times as may be prescribed by regulations, such fees,

duties, taxes and, or other sums as may be so prescribed, which fees, duties, taxes

and, or sums shall be in addition to those which the licensee may be required to pay

under any law other than this Act.

(5) A racecourse betting licence to operate racecourse bets shall be deemed to

include a condition that

(a) the licensee shall only operate racecourse bets on horse races and, or

dog races conducted on the approved racecourse or approved

racecourses indicated in the licence at approved meetings, by means of

a totalisator set up, kept and operated on the approved racecourse and at

the approved meeting on and during which there is being conducted the

LOTTERIES AND OTHER GAMES

relevant horse or dog race in respect of which the said licensee is

operating any particular racecourse bet; and

(b) not less than eighty-three per centum of the whole of the monies staked

in respect of any particular racecourse bet operated by the licensee shall

be distributed by such licensee among the persons winning such

racecourse bet in accordance with the rules of the said racecourse bet.

(6) A racecourse betting licence to operate sweepstakes shall be deemed to

include a condition that

(a) the licensee shall only operate sweepstakes on horse races conducted on

the approved racecourse or approved racecourses indicated in the

licence at approved meetings, by means of tickets sold only on the

approved racecourse on which there is being conducted the relevant

horse race in respect of which the said licensee is operating any

particular sweepstake to persons who have been admitted to such

approved racecourse on payment of the applicable admission fee and, or

by means of tickets sold only to such other persons as may be specified

in the licence or as may be prescribed in regulations; and

(b) not less than eighty-five per centum of the whole of the monies staked

in respect of any particular sweepstake operated by the licensee shall be

distributed by such licensee among the persons winning such

sweepstake in accordance with the rules of the said sweepstake.

Changes in effective control and management etc.

7. (1) (a) If the racecourse betting licensee is not an individual, such licensee

shall within five days of any change in the persons who exercise effective control

and management of the affairs of the licensee inform the Authority of such change.

The licensee shall also inform the Authority of any material changes in the

information and documentation provided by the licensee in terms of item 3(2), (3)

and (4) of this Schedule or in terms of any other provision of this Act or of

regulations made thereunder or in terms of conditions attached to the racecourse

betting licence, as soon as it becomes aware of such changes.

(b) Where owing to any change as is referred to in paragraph (a) hereof,

whether the Authority has been informed of such change in accordance with the said

paragraph (a) or not, a situation is brought about that, had it existed at the time of the

application for the racecourse betting licence, it would have disqualified the licensee

from obtaining a licence in terms of item 4 of this Schedule, the Authority shall by

notice inform the licensee accordingly, and if the situation shall not have been

remedied to the satisfaction of the Authority within five days from the notice to that

effect by the Authority, the Authority shall cancel such licence without complying

with the provisions of item 10 of this Schedule

Provided that the Authority shall not issue a notice as aforesaid any later

than one month after being informed by the licensee of the change in accordance

with paragraph (a) hereof.

(2) Failure by the licensee to comply with the provisions of sub-item (1) hereof

shall constitute an offence against this Act.

Assignment or surrender of licence.

8. (1) A racecourse betting licence may not be assigned or transferred by the

racecourse betting licensee to any other person.

LOTTERIES AND OTHER GAMES

(2) The racecourse betting licensee may not surrender the racecourse betting

licence during the licence term without the prior approval in writing of the

Authority, and if such approval is given, the licence may then be surrendered only

subject to such terms and conditions as may be specified by the Authority in its

(3) If a racecourse betting licence is assigned or transferred by the racecourse

betting licensee to any other person -

(a) such licence shall be considered null and void; and

(b) the Authority may issue a directive to such licensee to do or restrain

from doing any act which the Authority may deem appropriate in the

circumstances, and such licensee shall comply with any such directive,

failing which it shall be guilty of an offence against this Act.

(4) A racecourse betting licensee who acts in breach of the provisions of this

item 8 shall be guilty of an offence against this Act.

Grounds for cancellation or suspension of licence.

9. The Authority may order the cancellation or suspension of a racecourse

betting licence on any of the following grounds

(a) the licensee, or any person who exercises effective control and

management of the affairs of the licensee, is convicted of an offence

against this Act, or of theft, receiving stolen property, fraud or any

crime affecting public trust;

(b) the licensee contravenes any provision of this Act or of any regulations

made thereunder applicable to it, or is in breach of any condition in the

racecourse betting licence or any directive issued by the Authority in

terms of this Act or of regulations made thereunder and applicable to it;

(c) the licensee knowingly or recklessly supplies to the Authority material

information that is false or misleading;

(d) the licensee fails to fulfil his financial commitments when they become

due and payable;

(e) the licensee is being wound up; or

(f) the Authority is reasonably satisfied that the licensee is not, or has

ceased to be, a suitable person to hold the racecourse betting licence, or

it reasonably deems it necessary in the national interest to cancel or

suspend the racecourse betting licence.

Procedures for the cancellation or suspension of the licence.

10. (1) Where a ground for cancellation or suspension of a racecourse betting

licence arises under item 9 of this Schedule, the Authority shall, by notice in writing,

request the licensee, and may request any other person who in its opinion has an

interest in the licence, to show cause, within such period being not less than five

days after the issue of the notice as specified in the same notice, why the licence

should not be cancelled or suspended on such ground as is stated in the notice.

(2) The Authority shall have regard to any response made under sub-item (1)

hereof in such manner that -

(a) where the matter is resolved to its satisfaction, it shall take no further

action, and shall inform the licensee in writing accordingly;

(b) where, although the matter is not resolved to its satisfaction, it considers

that further action is not warranted, it shall caution the licensee in

LOTTERIES AND OTHER GAMES

writing; or

(c) where the matter is not resolved to its satisfaction and it is satisfied that

further action is warranted, it may -

(i) by notice in writing give such direction to the licensee as it

considers appropriate; or

(ii) suspend the licence for such period as it thinks fit, or cancel such

licence.

(3) Where a direction given by the Authority under sub-item (2)(c)(i) hereof is

not complied with within the time specified in the notice, the Authority shall cancel

the licence.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 7 Placing on the market, etc., of relevant gaming devices, amusement machines and amusement machines with prize. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) No person shall manufacture, assemble, repair, service,

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

available for use, host or operate any relevant gaming device, or

any part or parts thereof, unless such person is in possession of a

valid licence to this effect issued by the Authority or unless such

person is exempted from such licensing requirement in respect of

such relevant gaming device or such activity in terms of regulations

made under this Act.

(2) An application for a licence to manufacture, assemble,

repair, service, place on the market, distribute, supply, sell, lease,

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

gaming device, or any part or parts thereof, shall be made in such

form and manner required by the Authority or as prescribed by

regulations, and in granting such licence the Authority may subject

it to such conditions as it may deem appropriate or as may be

prescribed by regulations. The Authority may order the

cancellation or suspension of, or the imposition of any condition

on, any such licence in such circumstances as may be prescribed by

regulations or in the said licence.

(3) No person shall manufacture, assemble, place on the

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

use, host or operate any amusement machine or amusement

machine with prize, or any part or parts thereof, unless such person

is in possession of a valid licence to this effect issued by the

Authority or unless such person is exempted from such licensing

requirement in respect of such amusement machine or amusement

machines with prize or such activity in terms of regulations made

under this Act.

(4) An application for a licence to manufacture, assemble,

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

available for use, host or operate any amusement machine or

amusement machine with prize, or any part or parts thereof, shall

be made in such form and manner required by the Authority or as

prescribed by regulations, and in granting such licence the

Authority may subject it to such conditions as it may deem

appropriate or as may be prescribed by regulations. The Authority

may order the cancellation, suspension, or imposition of any

condition on any such licence in such circumstances as may be

prescribed by regulations or in the said licence.

(5)

Any person who contravenes, or in any way aids or abets a

LOTTERIES AND OTHER GAMES

person to contravene, the provisions of subarticles (1) and (3), shall

be guilty of an offence against this Act.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Seventh Schedule — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

Article 80(1)

This Schedule came into force on 2nd September, 2002, and the relative

amendments to enactments inserted accordingly.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 8 Age prohibition. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) Without prejudice to the provisions of article 39, any

person who offers for sale or sells any game to a person under the

age of eighteen years of age shall be guilty of an offence;

Provided that in the case of the offering for sale or the sale

of the National Lottery under a National Lottery licence currently

in force at the time of the coming into force of this proviso, the age

prohibition shall be sixteen years instead of eighteen years.

(2) It shall be a defence for any such person as is mentioned in

subarticle (1) to prove that he had requested and obtained from the

person under the age referred to in subarticle (1), documentary

evidence relating to his age, and that such evidence tendered by the

underaged person prima facie showed that he was not under the

prescribed age.

PART IV - ESTABLISHMENT AND FUNCTIONS OF THE

MALTA GAMING AUTHORITY

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Eighth Schedule — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

Article 80(2)

This Schedule came into force on 2nd September, 2002, and the relative

amendments to enactments inserted accordingly.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 9 Establishment and composition of the Malta Gaming Authority. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

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

Gaming Authority, which shall consist of a Chairman and four

other members.

(2) The Chairman and the other members of the Authority shall

be appointed by the Minister for a term, being not more than three

years, as may be specified in the instrument of appointment, but the

members so appointed may be re-appointed on the expiry of their

term of office.

(3) The Minister may designate one of the other members of

the Authority as Deputy Chairman and the member so designated

shall have all the powers and perform all the functions of the

Chairman during his absence or inability to act as chairman or

while the Chairman is on vacation or during any vacancy in the

o ff i c e o f c h a i r m a n . T h e M i n i s t e r m a y a l s o , i n a n y o f t h e

circumstances mentioned above in this subarticle, appoint another

person to act as chairman and in such case, the foregoing

provisions of this subarticle shall apply in respect of such person.

(4) A person shall not be qualified to be appointed or to hold

office as a member of the Authority if he -

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

the House of Representatives;

(b) is a judge or magistrate of the courts of justice;

(c) has a financial or other interest in any enterprise or

activity directly involving games or gaming, or in a

licensee, which is likely to affect the discharge of his

functions as a member of the Authority;

(d) is an undischarged bankrupt;

(e) has been convicted of an offence punishable by

imprisonment for a period of six months or more;

(f) has been found guilty of an offence under this Act or

LOTTERIES AND OTHER GAMES

any other Act relating to lotteries or gaming or of an

offence against public trust.

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

member of the Authority shall become vacant -

(a) at the expiry of his term of office; or

(b) if he resigns; or

(c) if any circumstances arise that disqualify such member

from holding office as a member of the Authority; or

(d) if he is removed from office in terms of this article.

(6) A member of the Authority may be removed from office by

the Minister if, in the opinion of the Minister, such member is unfit

t o c o n t i n u e i n o ff i c e o r h a s b e c o m e i n c a p a b l e o f p r o p e r l y

performing his duties as a member.

(7) If a member resigns or if the office of a member of the

Authority 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 as a member, to

be a temporary member of the Authority. Any person so appointed

shall, subject to the provisions of subarticles (5) and (6), 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.

(8) Any member of the Authority who has any direct or indirect

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

Authority, not being an interest which disqualifies such member

from holding office as a member of the Authority, shall disclose the

nature of his interest at the first meeting of the Authority after the

relevant facts have come to his knowledge. Such disclosure shall

then be recorded in the minutes of the Authority, and the member

having an interest as aforesaid shall withdraw from any meetings at

which such contract is discussed. Any such disclosure shall be

communicated to the Minister without delay. Where the interest of

the member is such as to disqualify him from holding office as a

member of the Authority, he shall report the fact immediately to the

Minister and tender his resignation.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Ninth Schedule — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

Article 46

Constitution and Proceedings of a Racecourse Control Board

1. A Racecourse Control Board shall consist of a chairman and four other

members to be appointed by the Minister responsible for sport.

2. The chairman shall be such person as the Minister responsible for sport shall

appoint in that behalf.

3. A person shall not be qualified to hold office as a member of a Racecourse

Control Board if he -

(a) is a member of the House of Representatives;

(b) is a judge or magistrate of the courts of justice;

(c) has a financial or other material interest in any approved racecourse or

in any approved racing club which is likely to affect the discharge of his

functions as a member of such Board;

(d) he has been convicted of an offence punishable by imprisonment for a

period of six months or more;

(e) he has been convicted of an offence against Part VIII.

4. The members of a Racecourse Control Board shall hold office for such time

LOTTERIES AND OTHER GAMES

as may be specified in their respective appointments

Provided that any member of such Board may be removed at any time by the

Minister responsible for sport.

5. Any person ceasing to be an appointed member of a Racecourse Control

Board shall be eligible for reappointment unless there exists in respect of such

person any of the grounds for disqualification to hold office as such member listed in

item 3 of this Schedule.

6. The quorum of a Racecourse Control Board shall be three, but subject to

such quorum such Board may act notwithstanding any vacancy among its members.

7. A Racecourse Control Board may appoint a member of the Board to be vice-

chairman of the Board, and in the absence of the chairman or during any vacancy in

the office of the chairman, the vice-chairman so appointed shall preside at meetings

of the Board.

8. Decisions at meetings of a Racecourse Control Board shall be adopted by a

simple majority of the votes of the members present and voting, provided that no

decision shall be valid unless it is supported by at least two members of the Board. In

case of an equality of votes, the person presiding at the meeting shall have a second

or casting vote.

9. Subject to any relevant regulations made by the Minister responsible for

sport under article 78(6), a Racecourse Control Board may appoint and, or employ,

at such remuneration and upon such terms and conditions as it may determine, such

officers, employees and agents as may from time to time be necessary for the due

and efficient discharge of the functions of the Board, and the Board shall prescribe

the duties of each of such officers, employees and agents.

10. Subject to any relevant regulations made by the Minister responsible for

sport under article 78(6), a Racecourse Control Board may regulate its own

procedure and make standing orders governing the conduct of its business.

11. No act or proceeding of a Racecourse Control Board shall be questioned on

account of any vacancy among its members or on account of the appointment of any

member having been defective.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 10 Legal personality and representation of the Authority. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

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

distinct legal personality and shall be capable, subject to the

provisions of this Act, of entering into contracts, of acquiring,

holding and 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) Without prejudice to the provisions of article 58, the legal

and juridical representation of the Authority shall vest in the Chief

Executive

Provided that the Authority may appoint any one or more of

its members, officers or employees to appear, sign or otherwise act

in the name and on behalf of the Authority in any judicial

LOTTERIES AND OTHER GAMES

proceedings and, or in any act, contract, instrument or other

document whatsoever

Provided further that in respect of any matter falling within

the functions vested in any Directorate by the Authority, the legal

and judicial representation of the Authority shall also vest in the

head of such Directorate and in such member, officer or employee

of the Authority, as the Authority may appoint or authorise for the

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

issued by the Authority and signed by the Chief Executive, or by a

head of a Directorate in relation to any matter falling within the

functions vested in the relative Directorate by 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.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 11 Functions of the Authority. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

The functions of the Authority shall be -

(a) to issue a National Lottery licence and licences to

operate other games and to supervise the operation of

licensees to ensure that licensees comply with the

terms and conditions of their licence and with the

provisions of this Act and of regulations made under

this Act and with any applicable directives issued by

the Authority in terms of this Act or regulations made

thereunder;

(b) to issue permits to sellers of games forming part of the

National Lottery licence in terms of article 36;

(c) to inquire into the suitability of licensees and the main

suppliers thereof, and to ensure that those involved in

the operation, promotion or sale of authorised games

operated by such licensees are fit and proper persons

to carry out their functions relative to such games;

(d) to ensure that licensees publish the rules of the

authorised games operated by them in terms of their

licence in such manner as may be deemed appropriate

by the Authority;

(e) to use all powers vested in it by this or any other law to

ensure that games and gaming are kept free from

criminal activity, and to prevent, detect and ensure the

prosecution of any offence against this Act, other than

an offence arising under any provision of Part VIII;

(f) to ensure that authorised games are operated and

advertised fairly and in a responsible manner and in

accordance with the law;

(g) to regulate by licence the manufacture, assembly,

repair, service, placing on the market, distribution,

supply, sale, lease, transfer, making available for use,

hosting and operation of relevant gaming devices, and

to ensure that they are secure and satisfactory for the

use for which they are intended;

(h) to supervise, attend and validate the draws of the

LOTTERIES AND OTHER GAMES

National Lottery and of such other authorised games as

it deems necessary;

(i) to receive and investigate complaints by consumers

relating to games;

(j) to advise the Minister on new developments, needs and

risks in gaming and to make such proposals as may be

deemed necessary or expedient to respond thereto;

(k) to advise the Minister on the making of regulations;

(l) to issue directives it is authorised to issue in terms of

this Act or of any other law or of regulations made

thereunder;

(m) to perform any other function as may from time to time

be assigned to it by this Act or any other law or by

regulations made thereunder;

(n) to enter into bilateral or multilateral agreements or

memoranda of understanding with other local or

overseas regulatory authorities, or other government

agencies, or other entities or organisations, for various

matters including but not limited to exchange of

information and other forms of collaboration;

(o) to request any kind of information from its licensees or

prospective licensees, or persons or entities that may

be conducting an activity which requires a licence, as

it may in its discretion consider necessary

Provided that licensees shall be bound to comply with

such requests and non-compliance shall be an offense

against this Act

Provided further that prospective licensees shall not be

bound to comply with such requests but non-

compliance may be taken into account by the

Authority in deciding whether or not to award a

licence

Provided further that persons or entities that may be

conducting an activity which requires a licence shall

not be bound to comply with such requests but non-

compliance shall empower the Authority to refer the

matter to the Executive Police.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 12 Relations between the Minister and the Authority. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) The Minister may in relation to matters that appear to

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

Authority directions i n writing of a general character, not

inconsistent with the provisions of this Act, on the policy to be

followed in the carrying out of the functions vested in the Authority

by or under this Act, and the Authority shall, as soon as may be,

give effect to all such directions.

(2) The Authority shall afford to the Minister facilities for

obtaining information with respect to its property and activities and

furnish him with returns, accounts and other 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

LOTTERIES AND OTHER GAMES

reasonably require.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 13 Conduct of the affairs of the Authority. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) Subject to the other provisions of this Act, the affairs

and business of the Authority shall be the responsibility of the

Authority itself but save as aforesaid, the executive conduct of the

A u t h o r i t y, i t s a d m i n i s t r a t i o n a n d o r g a n i s a t i o n a n d t h e

administrative control of its officers and employees, shall be the

responsibility of the Chief Executive of the Authority, who shall

also have such other powers as may from time to time be delegated

to him by the Authority.

(2) The Authority may exercise its functions through

Directorates which may be established by it from time to time and,

for such purpose, it may vest in each of the Directorates so

established, and subject to the overall supervision and control of

the Chief Executive, such of its functions as relate or are ancillary

to the matters for which the said Directorate is responsible so as to

enable the said Directorate to give effect to the policies of the

Authority and to otherwise discharge effectively and efficiently the

functions of the Authority in its respective area of operation.

(3) Each of the Directorates so established shall be headed by a

person who shall either be a public officer detailed for duty with

the Authority or an employee of the Authority or a person detailed

to work for the Authority in accordance with an agreement made

between the Authority and a public or private undertaking, in either

case having adequate experience and knowledge in the area of

operation of the said Directorate.

(4) The Authority and each of the Directorates may exercise

any one or more of their functions either directly or through any of

the Authority’s officers or employees or agents or through an

agency authorised for the purpose, or through any 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 subarticle shall authorise the

Authority to contract out any of its regulatory or licensing

functions, although the Authority may contract out any other of its

functions, or procure from any person any services, for the

purposes of carrying out its regulatory or licensing functions.

(5) Where in this Act anything is to be done by or against or

with respect to the Authority, or any notice is to be or may be given

by or to the Authority, any such thing or notice may also be done by

or against or with respect to or be given by or to the Directorate

under whose jurisdiction the matter falls by reason of a delegation

of functions to such Directorate by the Authority; and for the

purposes aforesaid any reference in this Act to the Authority

includes a reference to the appropriate Directorate.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 14 Appointment of Chief Executive and heads of Directorates. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) The Chief Executive and the heads of the Directorates

shall be appointed by the Authority after consultation with the

Minister for such period as may be established by the Authority in

their letter of appointment

Provided that the first Chief Executive shall be appointed

by the Minister.

LOTTERIES AND OTHER GAMES

(2) The conditions pertaining to the qualification for the

appointment of persons and to their holding office as members of

the Authority in article 9 shall also pertain to the appointment of,

and to the holding of office as, the Chief Executive and the heads of

the Directorates.

(3) The Chief Executive shall attend such meetings of the

Authority as requested by the said Authority, but shall not vote at

such meetings.

(4) The Chief Executive shall be responsible for the

implementation of the objectives of the Authority in the exercise of

its functions, and without prejudice to the generality of the

foregoing he shall -

(a) assume full responsibility for the overall supervision

and control of the Directorates;

(b) assign to each Directorate such duties which are by, or

in accordance with, the provisions of this Act vested in

such Directorate;

(c) co-ordinate the workings of the Directorates;

(d) develop

the

necessary

strategies

for

the

implementation of the objectives of the Authority;

(e) advise the Authority on any matter it may refer to him

or on any matter which he considers necessary or

expedient; and

(f) perform such other duties as the Authority may assign

to him from time to time.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 15 Provisions with respect to proceedings of the Authority. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) The meetings of the Authority shall be called by the

Chairman as often as may be necessary, but at least once a month,

either on his own initiative or at the request of any two of the other

members of the Authority.

(2) The Chairman and at least two other members of the

Authority shall form a quorum. Decisions shall be adopted by a

simple majority of the votes of the members present and voting.

The Chairman 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 Authority.

(3) Subject to the provisions of this Act the Authority may

regulate its own procedure.

(4) 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 its members.

(5) All acts done by any person acting in good faith, as a

member of the Authority 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 9(8).

LOTTERIES AND OTHER GAMES

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 16 Powers of the Authority. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) Without prejudice to any power exercisable by virtue

of the provisions of this Act or of any other law, the Authority may

at any time serve on a licensee a notice requiring him, in such

manner and within such reasonable time as may be specified in the

notice, to produce or supply for inspection by or on behalf of the

Authority, any books, documents, information or any other thing

which the Authority knows, or has reasonable cause to believe, to

be in the possession of, or to be known to, the licensee for the

purpose of carrying out any of its functions under article 11.

(2) If without reasonable excuse any requirement imposed by a

notice served by virtue of subarticle (1) is not complied with, the

licensee shall be guilty of an offence under this Act.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 17 Inspectors. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) The Authority shall, in consultation with the Minister,

appoint inspectors who shall have such powers and functions as are

or may be assigned to them by or under this Act or any other law or

by or under regulations made thereunder. Inspectors may, in

carrying out their functions and in exercising their powers, be

assisted by or accompanied with such experts as the Authority may

direct.

(2) Inspectors so appointed shall be officers of the Authority

and shall act under the instructions of the Authority, acting through

the Chief Executive.

(3) The Authority shall cause to be issued to each inspector an

identity card which shall specify the name and appointment of the

inspector and contain a recent photograph of the inspector.

(4) A person appointed to be an inspector shall, upon ceasing to

be an inspector, return his identity card to the Authority.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 18 Powers of inspectors. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) An inspector shall, for the purpose of ascertaining that

the provisions of this Act, or of any regulations made thereunder, or

that the conditions of any licence issued thereunder are being

complied with, and that the full amount of fees, duty, tax or any

other sums payable under this Act or regulations made thereunder

are being paid, have the following powers and any other powers as

may from time to time be given by means of regulations made

under this Act or by the Authority in consultation with the Minister,

namely

(a) to require, in writing or orally as he deems

appropriate, any person whom the inspector believes,

on reasonable grounds, to be in possession or have

under his control, any gaming device, amusement

machine, amusement machine with prize, books or any

other documents whatsoever related to games,

amusement games or amusement games with prize, the

operation of games or amusement games or

amusement games with prize or, generally, gaming -

(i) to produce such gaming device, amusement

machine, amusement machine with prize, books

or other documents to the inspector for

inspection or testing; or

(ii) to attend before the inspector at a reasonable

LOTTERIES AND OTHER GAMES

time and place specified by the inspector and

there to answer such questions, or to supply such

information, relating to the gaming device,

games, amusement

machine, amusement

machine with prize, amusement games or

amusement games with prize, books or

documents as the inspector specifies;

(b)

to require, in writing or orally as he deems

appropriate, a licensee or a person acting on behalf of

a licensee or any other person -

(i) to produce to the inspector for inspection such

book or document or any other thing in his

custody or control relating to the operation of

authorised games as the inspector specifies; or

(ii) to attend before the inspector at a reasonable

time and place specified by the inspector and

there to answer such questions, to supply such

information, or to produce such book or

document or any other thing relating to the

operation of games or amusement games or

amusement games with prize as the inspector

specifies;

(c)

to inspect or test any gaming device or amusement

machine or amusement machine with prize, inspect

such book, document or records, and take copies of or

make notes in relation to such book, document or

records, relating to the operation of games or

amusement games or amusement games with prize, as

the inspector considers necessary;

(d)

to direct any licensee or any person whom the

inspector reasonably suspects to be in breach of this

Act or any regulations made thereunder, in writing or

orally as he deems appropriate, not to use in relation to

the operation, promotion or sale of games or

amusement games or amusement games with prize,

any gaming device or amusement machine or

amusement machine with prize that the inspector

considers to be unsatisfactory for the use for which it

is intended or is not otherwise in conformity with the

provisions of this Act or any regulations made

thereunder;

(e)

to receive and, if the inspector thinks that it is

appropriate so to do, investigate a complaint with

respect to any aspect of the operation of a game or an

amusement game and to make a report of the result of

such investigation to the Authority;

(f)

to call to his assistance -

(i) another inspector; or

(ii) an employee of a licensee or any person

operating, promoting or selling games or

amusement games or amusement games with

LOTTERIES AND OTHER GAMES

prize, who, in the belief of the inspector, is

competent to assist the inspector in the exercise

of his powers or in the performance of his

duties;

(g) to require any person entering or to be found at any

place where a game is offered for sale, or where games

are being organised or operated, or where gaming

takes place, to produce identification documents and,

or evidence of his age;

(h) to disable or otherwise prevent the use of a gaming

device or amusement machine where the inspector

considers that such gaming device or amusement

machine, or any person operating or hosting such

gaming device or amusement machine, is not in

conformity with any provision of this Act, regulations

issued thereunder or conditions of any licence; and

(i) to remove any gaming device or amusement machine

and any equipment and, or software connected thereto,

from their current location to another location

approved and designated by the Authority for the

purpose of conducting inspections, testing or

examinations on such gaming device, amusement

machine, equipment and, or software,

and a direction given by an inspector to a licensee in terms of

paragraph (d) shall be deemed to be a directive issued by the

Authority in terms of this Act for the purposes of this Act.

(2) An inspector shall make a report on the exercise of his

functions under this Act to the Authority.

(3) Any person who, without reasonable excuse, hinders,

obstructs or otherwise interferes with, or knowingly makes a false

or misleading written or oral statement or produces a false

document to, an inspector, and any person who fails to assist an

inspector in the exercise of his functions and powers and the

discharge of his duties, shall be guilty of an offence under this Act.

(4) The licensee shall bear the cost of any inspection and

investigation held by the Authority through its inspectors, other

Authority officers or third parties appointed by the Authority. The

Authority shall have the right to impose any reasonable

administrative fee or charge in order to cover its costs in terms of

this sub-article.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 19 Rights of inspectors. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

An inspector may at reasonable times, upon production of

his identity card, enter and remain in any place where games or

amusement games are offered for sale, organised, operated or are

otherwise made available to the public, or where gaming takes

place, for the purposes of -

(a) viewing gaming;

(b) observing any of the operations of licensees, sellers or

operators of games or, generally, of gaming;

(c) observing any of the operations of licensees, sellers or

LOTTERIES AND OTHER GAMES

operators of amusement games;

(d) ascertaining whether the operation of licensees, sellers

or operators of games or amusement games is being

properly conducted, supervised and managed;

(e) ascertaining whether the provisions of this Act, or of

regulations made thereunder, or of any licences issued

thereunder, are being complied with; and

(f) in any other respect, exercising his powers or

performing his duties.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 20 Professional secrecy. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

Without prejudice to the provisions of the Professional

Secrecy Act, any information disclosed to the Authority or any

member, officer or employee thereof, the Chief Executive, any

Directorate or any inspector, and any document produced in

pursuance of the provisions of this Act, shall be secret and

confidential and may not be disclosed or produced other than for

the purposes of this Act, or to the police for the purposes of any

investigation or prosecution of an offence against this Act or when

requested to do so by a court of law in any criminal proceedings for

an offence against this Act or in any civil proceedings relating to

the operation, promotion or sale of any game or amusement game

or amusement game with prize, or generally, to gaming.

PART V - OFFICERS AND EMPLOYEES OF THE AUTHORITY

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 21 Staff appointments. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

Without prejudice to the other provisions of this Act, the

appointment of officers and other employees of the Authority shall

be made by the same Authority. The terms and conditions of

employment shall be established by the Authority.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 22 Appointment and functions of officers and employees of the Authority. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

The Authority shall appoint and employ, at such

remuneration and upon such terms and conditions as it may in

accordance with article 21 determine, 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.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 23 Detailing of public officers for duty with the Authority. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) The Prime Minister may, at the request of the

Authority, from time to time direct that any public officer shall be

detailed for duty with the Authority in such capacity and with

effect from such date as may be specified in the Prime Minister’s

direction.

(2) The period during which a direction as aforesaid shall apply

to any officer specified therein shall, unless the officer retires from

the public service or otherwise ceases to hold office at an earlier

date, or unless a different date is specified in such direction, cease

to have effect after one year from the effective date of such

direction unless the direction is revoked earlier by the Prime

Minister.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 24 Status of public officers detailed for duty with the Authority. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) Where any officer is detailed for duty with the

Authority under any of the provisions of article 23, such officer

shall, during the time in which such direction has effect in relation

to him, be under the administrative authority and control of the

Authority but he shall, for other intents and purposes, remain and

LOTTERIES AND OTHER GAMES

be considered and treated as a public officer.

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

officer detailed for duty as aforesaid -

(a) shall not during the time in respect of which he is so

detailed -

(i) be precluded from applying for a transfer to a

department of the Government in accordance

with the terms and conditions of service attached

to the appointment under the Government held

by him at a date on which he is so detailed for

duty; or

(ii) be so employed that his remuneration and

conditions of service are less favourable than

those which are attached to the appointment

under the Government held by him at the date

aforesaid or which would have become attached

to such appointment, during the said period, had

such officer not been detailed for duty with the

Authority; and

(b) shall be entitled to have his service with the Authority

considered as service with the Government for the

purposes of any pension, gratuity or benefit under the

Pensions Ordinance and the Widows’ and Orphans’

Pension Act and of any other right or privilege to

which he would be entitled, and shall be liable to any

liability to which he would be liable, but for the fact of

his being detailed for duty with the Authority.

(3) Where an application is made as provided in subarticle

(2)(a)(i), the same consideration shall be given thereto as if the

applicant had not been detailed for service with the Authority.

(4) The Authority shall pay to the Government such

contributions as may from time to time be determined by the

Minister in respect of the cost of pensions and gratuities earned by

an officer detailed for duty with the Authority as aforesaid during

the period in which he is so detailed.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 25 Offer of permanent employment with the Authority to public officers detailed for duty with the Authority. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) The Authority may, with the approval of the Prime

Minister, offer to any officer detailed for duty with the Authority

under the provisions of article 23, permanent employment with the

Authority at a remuneration and on terms and conditions not less

favourable than those enjoyed by such officer at the date of such

offer.

(2) The terms and conditions comprised in any offer made as

aforesaid shall not be deemed to be less favourable merely because

they are not in all respects identical with or superior to those

enjoyed by the officer concerned at the date of such offer, if such

terms and conditions, taken as a whole, in the opinion of the Prime

Minister offer substantially equivalent or greater benefits.

LOTTERIES AND OTHER GAMES

(3) Every officer who accepts permanent employment with the

Authority offered to him under the provisions of subarticle (1)

shall, for all purposes other than those of the Pensions Ordinance

and of the Widows’ and Orphans’ Pension Act, be deemed to have

ceased to be in service with the Government and to have entered

into service with the Authority on the date of his acceptance, and

for the purposes of the said Ordinance and of the said Act, insofar

as this applies in his case, service with the Authority shall be

deemed to be service with the Government within the meanings

thereof respectively.

(4) Every such officer as aforesaid who, immediately before

accepting permanent employment with the Authority was entitled

to benefit under the Widows’ and Orphans’ Pensions Act, shall

continue to be so entitled to benefit thereunder to all intents as if

his service with the Authority were service with the Government.

(5) The Authority shall pay to the Government such

contributions as may from time to time be determined by the

Minister in respect of the cost of pensions and gratuities earned by

an officer who has accepted permanent employment with the

Authority as aforesaid during the period commencing on the date of

such officer’s acceptance.

PART VI - THE NATIONAL LOTTERY LICENCE

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 26 Operation or concession for the operation of the National Lottery. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) The Minister may operate the National Lottery or may

decide to concede the operation of the National Lottery to another

person in accordance with the provisions of this Act

Provided that the Minister may not operate the National

Lottery licence at a time while a National Lottery licence is still in

force

Provided further that the Minister may operate the National

Lottery licence for such time during which a National Lottery

licence is suspended in terms of article 35.

(2) Where the National Lottery licence is operated by the

Minister, the Minister shall exercise all such powers as may be

necessary or expedient for the purposes of such operation and the

provisions of this Act relating to the National Lottery licence, other

than those relating to licensing and the National Lottery licence,

shall apply and have effect with any necessary modifications or

adaptations as they apply and have effect in relation to the National

Lottery licence as operated by a National Lottery licensee.

(3) Where the Minister decides to concede the operation of the

National Lottery to another person, the Authority, and for the first

time after the entry into force of this Part the Minister, may by

licence authorise a person to operate the National Lottery and any

games authorised therein. Only one person may be licensed to

operate the National Lottery at any one time. No person, other than

the Minister, may operate the National Lottery unless such person

is in possession of a valid National Lottery licence.

Provided that if the National Lottery licensee does not

operate any one of the games prescribed to form part of the

LOTTERIES AND OTHER GAMES

National Lottery by virtue of regulations made under this Act for a

period as prescribed in the National Lottery licence, the Minister

shall have the right to concede the operation of such game to

another person in terms of regulations issued by the Minister in

terms of article 78.

(4) The functions of the Authority relating to the National

Lottery and to the National Lottery licensee under this Act shall

come into effect immediately after the grant of a National Lottery

licence by the Minister for the first time after the entry into force of

this Part.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 27 Duration of National Lottery licence. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) The National Lottery licence shall be issued for such

term as the Authority after consultation with the Minister, and for

the first time after the entry into force of this Part as the Minister,

may specify in the licence, which term shall commence to run on

such day as may be specified in the licence as the date from when

the licence shall become effective. Such date may be subsequent to,

but not preceding, the date of issue of the licence.

(2) Unless a National Lottery licence is previously cancelled, it

may be renewed by the Authority for one further period as the

Authority after consultation with the Minister may determine.

(3) The renewal of the licence by the Authority shall be subject

to the compliance by the National Lottery licensee, during the

original term of such licence, with the provisions of this Act and of

regulations made thereunder applicable to it and with the terms and

conditions of such licence and with any directive issued by the

Authority in terms of this Act or of regulations made thereunder

and applicable to such licensee, and subject to the acceptance by

the Authority of the written application for such renewal made by

the licensee to the Authority -

(a) by such date before the expiry of the original term of

the licence as specified in the licence; and

(b) containing such information as specified in the licence

to be necessary or expedient to enable the Authority to

determine whether to renew the said licence.

(4) After the submission of an application for the renewal of a

National Lottery licence, the Authority may require the applicant to

provide such other information, in addition to that provided

together with the application, as may be deemed necessary for the

purpose of determining the said application.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 28 Application for the National Lottery licence. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) An application for a National Lottery licence shall be

made by, or on behalf of, or in respect of a company registered or to

be registered in Malta the main object of which is or shall be the

operation of the National Lottery pursuant to a National Lottery

licence under this Act and the doing of all such other things as are

incidental or conducive to the attainment of such object and the

carrying out of other activities as may be authorised in the licence

by the Authority and, for the first time after the entry into force of

this Part, by the Minister. Such application shall be made in the

form and manner required by the Authority, and for the first time

after the entry into force of this Part by the Minister, and such

LOTTERIES AND OTHER GAMES

application shall furthermore contain or be accompanied by such

information, documents and particulars as the Authority, and for

the first time after the entry into force of this Part the Minister, may

require or as may be prescribed by regulations.

(2) In the case of an application for the grant of a National

Lottery licence to a company which is not yet registered in Malta,

the application shall be accompanied by an undertaking by the

applicant to register a company in Malta as provided in subarticle

(1) as soon as information is imparted by the Authority, and for the

first time after the entry into force of this Part by the Minister, that

the licence will be granted to such company when formed.

(3) After the submission of an application for the granting of a

National Lottery licence, the Authority, and for the first time after

the entry into force of this Part the Minister, may require the

applicant to provide such other information, in addition to that

p r o v i d e d t o g e t h e r wi t h t h e a p p l i c a t i o n , a s m a y b e de e m e d

necessary for the purpose of determining the said application.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 29 Grant of National lottery licence. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) The Authority, and for the first time after the entry into

force of this Part the Minister, shall not issue a National Lottery

licence to a person unless such person is a company registered in

Malta the main object of which is the operation of the National

Lottery pursuant to a National Lottery licence under this Act and

the doing of all such other things as are incidental or conducive to

the attainment of such object and the carrying out of other activities

as may be authorised in the licence by the Authority and, for the

first time after the entry into force of this Part, by the Minister, and

unless the Authority or, as the case may be, the Minister is satisfied

that -

(a) all persons holding or owning a qualifying

shareholding in the company are fit and proper to

benefit from the operation by the company of the

National Lottery and to exercise their rights of

membership in such manner as to ensure the proper

operation by the company of the National Lottery;

(b) the director or directors of the company are fit and

proper to manage the affairs of the company and to

exercise their functions and duties as directors in such

manner as to ensure the proper operation by the

company of the National Lottery;

(c) all persons who appear to the Authority to be likely to

manage the business or any part of the business of the

operation of the National Lottery are fit and proper

persons to do so;

(d) the company has, or will have upon the issue of the

licence, the financial and technical means and the

expertise necessary to properly operate the National

Lottery and to fulfil all its obligations under this Act;

(e) the company will take out, within seven days from the

date of issue of the licence, and will thereafter

maintain, the bank guarantee referred to in article

31(5) as provided and in accordance with the said

LOTTERIES AND OTHER GAMES

article 31(5) and (6); and

(f)

the company is a fit and proper person to be the holder

of the National Lottery licence and to operate the

National Lottery, and will comply in all respects with

the provisions of this Act and of any regulations made

thereunder and applicable to it and with the terms and

conditions of the licence and with directives issued by

the Authority in terms of this Act or of regulations

made thereunder and applicable to it.

(2) When the Authority, and for the first time after the entry

into force of this Part the Minister, makes a preliminary decision to

issue a National Lottery licence to a particular company registered

in Malta, the Authority or, as the case may be, the Minister shall,

before the issue of such licence, cause a notice to be published in

the Gazette of the intended issue of the said licence, thereby calling

upon any interested party to make representations, if any, objecting

to the issue of the licence to such company.

(3) Such objection as is mentioned in subarticle (2) shall be in

writing and shall contain a reasoned justification therefor, and is to

be received by the Authority or the Minister, as the case may be,

within twenty-one days from the date of the publication of the

notice in the Gazette.

(4) The Authority or the Minister, as the case may be, shall

consider any objection made and received by it as aforesaid before

making any final decision as to the issue of the licence.

(5) The grant of a National Lottery licence shall not exonerate

the licensee from obtaining any other licence, permit or

authorization which may be required under any other law.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 30 Form of the National Lottery licence. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

The National Lottery licence shall be in such form as may

be approved by the Authority, and for the first time after the entry

into force of this Part by the Minister, and shall inter alia specify

(a) its date of issue;

(b) its effective term;

(c) the name, registered office and registration number of

the licensee;

(d) the address in Malta specified by the licensee for the

purpose of the service of documents on it;

(e) the name and address of the qualifying shareholders,

directors and managers of the licensee;

(f) the type and particulars of games that can be operated

under the licence;

(g) such matters relating to the gaming devices allowed to

be used under the licence as the Authority considers

necessary or expedient to specify;

(h) the minimum number, specifications and type of places

from where games that can be operated under the

licence may be offered for sale, and the minimum

number of opening hours of such places;

LOTTERIES AND OTHER GAMES

(i)

such other particulars as the Authority, and for the first

time after the entry into force of this Part the Minister,

considers necessary or expedient, or as may be

prescribed in regulations.

The National Lottery licence need not specify any of the

matters listed in paragraphs (f) or (h) when and to the extent that

such matters are already specified in regulations made under this

Act.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 31 National Lottery licence conditions and variations and revocations thereof. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) In granting a National Lottery licence the Authority,

and for the first time after the entry into force of this Part the

Minister, may subject it to such conditions as it may deem

appropriate, and after the grant of such licence the Authority may

from time to time vary or revoke any condition so imposed, or

impose new conditions

Provided that the Authority may not vary any condition or

impose any new condition in the National Lottery licence without

the consent of the licensee if the licence provides that any such

condition may only be varied, or that any such new condition may

only be imposed, with the consent of the licensee

Provided further that, without prejudice to the immediately

preceding proviso, whenever the Authority deems it appropriate to

vary any condition or impose any new condition in the National

Lottery licence, the Authority shall, unless such variation or

imposition of a new condition has been requested by the licensee

himself, inform the licensee, by notice in writing, of its intention to

vary the said condition or impose the said new condition, and call

upon the said licensee to show cause, within such period as it may

establish in the notice and which shall not be less than twenty-one

days after the issue of the said notice, why such condition should

not be varied or imposed, and it shall be the duty of the Authority

to consider any response made by the licensee before varying the

condition or imposing the new condition.

(2) Conditions in a National Lottery licence may impose such

requirements as may be deemed to be necessary to be complied

with by the licensee after the licence has ceased to have effect.

(3) A National Lottery licence may impose conditions

requiring the licensee -

(a) to obtain the consent of the Authority before doing

anything specified, or of a description specified, in the

licence; and

(b) to refer matters specified, or of a description specified,

in the licence to the Authority for approval.

(4) A National Lottery licence shall include a condition

requiring the licensee to pay to the Authority, at such times as may

be determined by or under the licence, such sums out of the

proceeds of sale of any games forming part of the National Lottery

licence and, or any other sums, fees, duties and, or taxes as may be

so determined, which sums, fees, duties and, or taxes shall be in

addition to those which the National Lottery licensee may be

required to pay under any law other than this Act.

LOTTERIES AND OTHER GAMES

(5) A National Lottery licence shall include a condition

requiring the licensee to take out, not later than seven days from the

date of issue of the licence, a bank guarantee issued by a bank or

credit or financial institution acceptable to the Authority, in favour

of the Authority and on its own behalf and on behalf of the

Government, in such amount as may be specified in the licence or

as may be prescribed by regulations, for securing -

(a) the payment and distribution of prizes by the licensee

to winners of games forming part of the National

Lottery licence;

(b) the payment of fees, taxes, duties or any other sums

payable by the licensee to the Authority in terms of the

licence; and

(c) the payment by the licensee of any fines or

administrative penalties imposed on it under Part XII

or under regulations made under this Act.

(6) Such bank guarantee as mentioned in subarticle (5) shall

become payable to the Authority on its first demand and it shall not

be incumbent upon the relative bank, credit or financial institution

which issued the bank guarantee to verify whether such demand is

justified. The bank guarantee shall remain valid until the expiry of

one year after the expiry of the licence, and shall be subject to such

other terms and conditions as may be specified in the licence or as

may be prescribed by regulations.

(7) A National Lottery licence shall also include a condition

requiring the licensee to submit to the Authority and, or publish, in

such manner and at such times as may be specified in the licence,

the audited accounts of the licensee and such other accounts,

reports, returns and statements as may be specified in the licence.

(8) A National Lottery licence shall be deemed to include a

condition that the licensee shall at all times during the period of

operation of the licence have as its main object the operation of the

National Lottery pursuant to a National Lottery licence under this

Act and the doing of all such other things as are incidental or

conducive to the attainment of such object and the carrying out of

other activities as may be authorised in the licence by the Authority

and, for the first time after the entry into force of this Part, by the

Minister.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 32 Changes in ownership or management of the licensee, etc. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) Without prejudice to the following subarticles of this

article, it shall be the duty of the National Lottery licensee and of

the qualifying shareholders and directors thereof to notify the

Authority forthwith of -

(a) any change in the Board of Directors or management

of the licensee, or any material changes in the

information and documentation provided in terms of

article 28(1) and (3) or any other information or

documentation provided by the licensee in terms of

any other provision of this Act or of regulations made

thereunder or in terms of conditions attached to the

National Lottery licence; and

LOTTERIES AND OTHER GAMES

(b) any resolution or intended resolution, or any

application or intended application to the Court, or any

other action, for the dissolution and winding up of the

National Lottery licensee,

as soon as they become aware of such changes, resolutions or

intended resolutions, applications or intended applications or

actions.

(2) Where owing to a change as is referred to in subarticle

(1)(a), whether the Authority has been notified of such change in

accordance with the said subarticle or not, a situation arises that

had it existed at the time of the application for the grant of the

National Lottery licence, it would have disqualified the licensee

from obtaining a licence in accordance with article 29(1), the

Authority shall by notice inform the licensee accordingly, and if the

situation shall not have been remedied to the satisfaction of the

Authority within one calendar month from the notice given to that

effect by the Authority, the Authority shall cancel the licence

without complying with the provisions of article 35(1) to (3) and

the provisions of article 35(4) and (5) shall mutatis mutandis apply

in such circumstances

Provided that the Authority shall not issue a notice as

aforesaid later than three calendar months after being notified by

the licensee or its qualifying shareholders or directors of the change

in accordance with subarticle (1).

(3) In the circumstances mentioned in subarticle (1)(b),

whether the Authority has been notified of such circumstances in

accordance with the said subarticle or not, the Authority may issue

such directives to the National Lottery licensee, its qualifying

shareholders and, or its directors as it may deem appropriate in

such circumstances.

(4) Failure by the licensee or the qualifying shareholders or

directors thereof to comply with the provisions of subarticle (1), or

with any directive issued to them by the Authority in terms of

subarticle (3), shall constitute an offence against this Act.

(5) Notwithstanding anything contained in any other law, the

approval in writing of the Authority shall be required before any

person may lawfully -

(a) acquire a qualifying shareholding in the National

Lottery licensee;

(b) increase an existing holding which is not a qualifying

shareholding so as to cause it to become a qualifying

shareholding in such licensee;

(c) increase an existing qualifying shareholding in such

licensee so as to cause it to equal or exceed ten per

centum or twenty per centum or thirty per centum or

forty per centum or fifty per centum of the share

capital issued by the licensee or of the voting rights

attaching to such share capital, or to cause the licensee

to become that person’s subsidiary;

(d) reduce an existing qualifying shareholding in such

LOTTERIES AND OTHER GAMES

licensee so as to cause it to fall below fifty per centum

or forty per centum or thirty per centum or twenty per

centum or ten per centum of the share capital issued by

the licensee or of the voting rights attaching to such

share capital, or to cause the licensee to cease to be

that person’s subsidiary;

(e) reduce an existing qualifying shareholding in such

licensee so as to cause it to cease to be a qualifying

shareholding; or

(f) divest itself of a qualifying shareholding in such

licensee.

(6) The Minister may by order in the Gazette or by regulations

vary or remove any of the percentages mentioned in subarticle

(5)(c) and (d).

(7) Subarticle (5) shall apply whether or not any of the relevant

shares are shares listed on any Stock Exchange.

(8) It shall be the duty of the National Lottery licensee and of

the directors thereof to notify the Authority forthwith upon

becoming aware that any person intends to take any of the actions

set out in subarticle (5), and they shall refrain from registering the

relevant action according to law or from taking any other action in

respect thereof pending instructions from the Authority. Failure by

the National Lottery licensee and the directors thereof to comply

with the provisions of this subarticle shall constitute an offence

against this Act.

(9) Notwithstanding anything contained in any other law, the

approval in writing of the Authority shall be required before the

National Lottery licensee may lawfully -

(a) sell or dispose of its business in whole or in part;

(b) merge with any other company;

(c) undergo any reconstruction, division or any conversion

of its status from a company into any other kind of

commercial partnership; or

(d) increase or reduce its nominal or issued share capital

or effect any material change in voting rights.

(10) It shall be the duty of the directors and qualifying

shareholders of the National Lottery licensee to notify the

Authority forthwith upon becoming aware that the licensee intends

to take any of the actions set out in subarticle (9), and in default

they shall be guilty of an offence against this Act.

(11) Any person intending to take any of the actions set out in

subarticle (5) and the National Lottery licensee who intends to take

any of the actions set out in subarticle (9) shall notify the Authority

in writing in such form and manner, and such notification shall be

accompanied with such information, as may be required by the

Authority.

(12) Within two months of receipt of such notification or receipt

of such information as the Authority may require, whichever be the

later, the Authority shall issue a notice -

LOTTERIES AND OTHER GAMES

(a) granting unconditional approval to the taking of the

action;

(b) granting approval to the taking of the action subject to

such terms and conditions as the Authority may deem

appropriate; or

(c) refusing approval to the taking of the action, informing

the person concerned or, as the case may be, the

National Lottery licensee of the reasons of the refusal,

and if the Authority fails to issue any such notice within the said

period of two months, it shall be deemed that the Authority has

issued a notice in terms of paragraph (a).

(13) If any person or the National lottery licensee takes any

action set out in subarticles (5) and (9) without obtaining the prior

approval of the Authority in terms of this article, or takes any such

action without complying with any term and condition specified by

the Authority in granting such approval in terms of subarticle

( 1 2 ) ( b ) , h e s h a l l b e g u i l t y o f a n o ff e n c e a g a i n s t t h i s A c t .

Furthermore, if any person or the National Lottery licensee takes or

intends to take any of the said actions without obtaining the said

approval or without complying with the said terms and conditions,

then, without prejudice to the power of the Authority to suspend or

revoke the National Lottery licence in terms of article 35, where

applicable, and without prejudice to any other penalty which may

be imposed under this Act, the Authority shall have the power -

(a) to issue a directive declaring the action to be void and

of no effect, which directive shall be effective against

all persons involved in such action notwithstanding the

provisions of any other law; or

(b) to issue a directive to such person or, as the case may

be, to the National Lottery licensee -

(i) restraining the person or the said licensee from

taking the action;

(ii) requiring the person or the said licensee to take

such steps or other action as may be necessary to

restore the position existing immediately before

the action was taken, within such period as may

be specified by the Authority in the directive;

(iii) restraining the person or the said licensee from

exercising any rights resulting from the action,

including the right to receive payments; or

(iv) restraining the person or the said licensee from

taking any similar action or any action within

the categories set out in subarticles (5) and (9),

and such person or, as the case may be, the National Lottery

licensee shall comply with any such directive issued to it by the

Authority in terms of this paragraph (b), failing which it shall be

guilty of an offence against this Act.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 33 Licensee may not assign or transfer the licence. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) A National Lottery licence may not be assigned or

transferred by the National Lottery licensee to any other person.

LOTTERIES AND OTHER GAMES

(2) The National Lottery licensee may not surrender the

National Lottery licence during the licence term.

(3) The transfer or assignment of the National Lottery licence

by the licensee to any other person shall be considered null and

(4) A National Lottery licensee who acts in breach of the

provisions of this article shall be guilty of an offence against this

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 34 Grounds for the cancellation or suspension of the National Lottery licence. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

The Authority may order the cancellation or suspension of

the National Lottery licence if -

(a) any qualifying shareholder or director or manager of

the licensee is convicted of an offence against this Act

or of theft, receiving stolen property, fraud or any

crime affecting public trust, or is in breach of any

directive issued by the Authority in terms of this Act

or regulations made thereunder and applicable to it;

(b) the licensee contravenes any provision of this Act or of

any regulations made thereunder applicable to it, or is

in breach of any condition in the National Lottery

licence or any directive issued by the Authority in

terms of this Act or regulations made thereunder and

applicable to it;

(c) the licensee knowingly or recklessly supplies to the

Authority material information that is false or

misleading;

(d) the licensee fails to fulfil the licensee’s financial

commitments when they become due and payable;

(e) the licensee fails to take out and maintain the required

bank guarantee as provided and in accordance with

article 31(5) and (6);

(f) the licensee is being wound up; or

(g) the Authority is reasonably satisfied that any person

holding or owning a qualifying shareholding in the

licensee is not, or has ceased to be, a fit and proper

person to benefit from the operation of the National

Lottery by the licensee or to exercise his rights of

membership in such manner as to ensure the proper

operation of the National Lottery by the licensee;

(h) the Authority is reasonably satisfied that any director

of the licensee is not, or has ceased to be, a fit and

proper person to manage the affairs of the licensee and

to exercise his functions and duties as director in such

manner as to ensure the proper operation of the

National Lottery by the licensee;

(i) the Authority is reasonably satisfied that any person

who is managing the business or any part of the

business of the operation of the National Lottery is

not, or has ceased to be, a fit and proper persons to do

so;

LOTTERIES AND OTHER GAMES

(j)

the Authority is reasonably satisfied that the licensee

is not, or has ceased to be, a fit and proper person to be

the holder of the National Lottery licence and to

operate the National Lottery, or it reasonably deems it

necessary in the national interest to cancel or suspend

the National Lottery licence.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 35 Procedures for the cancellation or suspension of the National Lottery licence. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) Where a ground for cancellation or suspension of the

National Lottery licence arises under article 34, the Authority, by

notice in writing, shall request the licensee, and may request any

other person who in its opinion has an interest in the licence, to

show cause, within such period as may be established in the same

notice being not less than twenty-one days after the issue of the

notice, why the licence should not be cancelled or suspended on

such ground as stated in the notice.

(2) The Authority shall consider any response made under

subarticle (1) and -

(a) where the matter is resolved to its satisfaction, it shall

take no further action and shall inform the licensee in

writing accordingly;

(b) where, although the matter is not resolved to its

satisfaction, it considers that no further action is

warranted, it shall caution the licensee in writing; or

(c) where the matter is not resolved to its satisfaction, and

it considers that further action is warranted, it may -

(i) by notice in writing, give such direction to the

licensee as it considers appropriate; or

(ii) suspend for such period as it thinks fit, or

cancel, the licence.

(3) Where a direction given by the Authority under subarticle

(2)(c)(i) is not complied with within the time limit specified in the

notice, the Authority shall cancel the licence.

(4) The Authority shall immediately inform the Minister about

the existence of a ground for cancellation or suspension of the

National Lottery licence and keep him continuously informed of all

measures being adopted in that regard.

(5) The Authority shall also immediately inform the Minister

about its decision to suspend or cancel the licence and shall take all

reasonable measures which are necessary or expedient to guarantee

the uninterrupted operation of the National Lottery.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 36 Permit for person to sell games forming part of the National Lottery licence. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) No person may sell games forming part of the National

Lottery licence unless such person is in possession of a valid permit

issued by the Authority.

(2) Application for such permit shall be made to the Authority

by the proposed seller in such form and manner, and shall contain

or be accompanied with such information, documents and

particulars, including evidence of the authority or appointment of

the applicant given or made by the National Lottery licensee to sell

games forming part of the National Lottery licence, as the

LOTTERIES AND OTHER GAMES

Authority may require or as may be prescribed by regulations.

(3) The Authority shall not issue any such permit unless it is

satisfied that the applicant is a fit and proper person to sell games

forming part of the National Lottery licence and that he satisfies

any other requirement and has any other qualifications as may be

prescribed by regulations.

(4) In granting any such permit the Authority may subject the

permit to such conditions as the Authority may deem appropriate,

and after the grant of such permit the Authority may from time to

time vary or revoke any condition so imposed or impose new

conditions

Provided that whenever the Authority deems it appropriate

to vary any condition or impose any new condition in any such

permit, the Authority shall, unless such variation or imposition of a

new condition has been requested by the permit holder himself, by

notice in writing inform the permit holder and the National Lottery

licensee of its intention to vary the said condition or to impose the

said new condition, calling upon the said permit holder and

licensee to show cause, within such period being not less than

seven days after the issue of the notice as may be specified in the

same notice, why such condition should not be varied or such new

condition should not be imposed, and the Authority shall consider

any response made by the permit holder and the licensee within the

period specified in the notice, before varying the condition or

before imposing the new condition.

(5) Without prejudice to the provisions of sub-article (6), any

such permit shall cease to have effect upon the revocation or

termination of the authority or appointment of the permit holder

given or made by the National Lottery licensee to sell games

forming part of the National Lottery licence or in the event that a

National Lottery licence ceases to have effect for any reason

whatsoever and the holder of any new National Lottery licence

issued in terms of this Part does not authorise or appoint the permit

holder to sell games forming part of the National Lottery licence.

(6) The Authority may order the cancellation or the suspension

of such permit -

(i)

if the permit holder contravenes any provision of

this Act or any regulations made thereunder

applicable to it, or is in breach of any condition

in the permit;

(ii) if the Authority is reasonably satisfied that the

permit holder is not or has ceased to be a fit and

proper person to sell games forming part of the

National Lottery;

(iii) in any other circumstance prescribed by

regulations made under this Act.

(7)

(a) Where a ground for cancellation or suspension of the

permit arises under subarticle (6), the Authority, by

notice in writing, shall request the permit holder and

the National Lottery licensee, and may request any

other person who in its opinion has an interest in the

LOTTERIES AND OTHER GAMES

permit, to show cause, within such period as may be

established in the same notice being not less than

twenty-one days after the issue of the notice, why the

permit should not be cancelled or suspended on such

ground as stated in the notice.

(b) The Authority shall consider any response made by the

permit holder, the National Lottery licensee or any

other person as aforesaid within the period specified in

the notice, and -

(i)

where the matter is resolved to its satisfaction, it

shall take no further action and shall inform the

permit holder in writing accordingly;

(ii) where, although the matter is not resolved to its

satisfaction, it considers that no further action is

warranted, it shall caution the permit holder in

writing; or

(iii) where the matter is not resolved to its

satisfaction, and it considers that further action

is warranted, it may -

(1) by notice in writing, give such direction to

the permit holder as it considers

appropriate; or

(2) suspend for such period as it thinks fit, or

cancel, the permit.

(c) Where a direction given by the Authority under

paragraph (b)(iii)(1) is not complied with within the

time limit specified in the notice, the Authority shall

cancel the permit.

(8) A permit referred to in subarticle (1) shall be considered

null and void if the holder of such permit assigns or transfers the

permit to any other person.

(9) Any person who sells games forming part of the National

Lottery licence in contravention of subarticle (1) shall be guilty of

an offence under this Act.

PART VII - OTHER GAMES

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 37 Requirement of a non-profit game licence. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

* (1) The Authority may grant a licence to a non-profit

organization to operate a non-profit game in terms of the provisions

of the First Schedule.

(2) No person may operate a non-profit game unless such

person is in possession of a valid non-profit game licence. Any

person who acts in breach of the provisions of this subarticle shall

be guilty of an offence against this Act.

38.* (1) The Authority may grant a licence to a company

registered in Malta to operate commercial tombola games in a

tombola (bingo) hall in terms of the provisions of the Second

*This article is not yet in force.

LOTTERIES AND OTHER GAMES

(2) Without prejudice to the provisions of item 5(4) of the

Second Schedule, no person may operate commercial tombola

games in a tombola (bingo) hall unless such person is in possession

of a valid tombola (bingo) hall licence. Any person who acts in

breach of the provisions of this subarticle shall be guilty of an

offence against this Act.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 39 Age limit in a tombola (bingo) hall. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

* If the tombola (bingo) hall forms part of a casino complex,

where casino gaming is allowed to be operated in terms of a casino

licence granted in terms of the Gaming Act, the age limit and

prohibitions as laid down in article 26 of the Gaming Act, shall

apply. Failure by either a casino licensee or a tombola (bingo) hall

licensee to comply with this article shall constitute an offence

against this Act.

40.* (1) The Authority may grant a licence to a person to

operate a commercial communication game in terms of the

provisions of the Third Schedule.

(2) No person may operate a commercial communication game

unless such person is in possession of a valid commercial

communication game licence. Any person who acts in breach of the

provisions of this subarticle shall be guilty of an offence against

this Act.

(3) Whenever a person, in agreement with the National Lottery

licensee, utilizes tickets or other means of participation in a game

or games forming part of the National Lottery as the prizes which

can be won in a commercial communication game, such

commercial communication game shall be exempt from the

requirement of a commercial communication game licence under

this article.

41.* (1) The Authority may grant a licence to the owner or

operator of a radio or television station, or a sub-contractor thereof,

to operate a broadcasting media game in terms of the provisions of

the Fourth Schedule.

(2) No person may operate a broadcasting media game unless

such person is in possession of a valid broadcasting media game

licence. Any person who acts in breach of the provisions of this

subarticle shall be guilty of an offence against this Act.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 42 Requirement of a VLT licence. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(Repealed by Act XXII. 2009.10.).

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 43 Requirement of a racecourse betting licence. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

† (1) The Authority may grant a licence to an approved

racing club or other person to operate -

(a) racecourse bets on horse races and, or dog races

conducted on an approved racecourse or approved

racecourses at approved meetings; and, or

(b) sweepstakes in connection with horse races conducted

on an approved racecourse or approved racecourses at

approved meetings,

*This article is not yet in force.

†This article is not yet in force.

LOTTERIES AND OTHER GAMES

in terms of the provisions of the Sixth Schedule.

(2) No person may operate racecourse bets or sweepstakes

unless such person is in possession of a valid racecourse betting

licence. Any person who acts in breach of the provisions of this

subarticle shall be guilty of an offence against this Act.

PART VIII - APPROVAL OF RACECOURSES

AND RACING CLUBS AND APPOINTMENT

OF RACECOURSE CONTROL BOARDS

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 44 Approval of racecourses. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

* (1) (a) The Minister responsible for sport may grant a

certificate of approval in respect of any racecourse

and any ground adjacent thereto for the purpose of

conducting therein horse races and, or dog races

and activities ancillary to such races.

(b) The said Minister may grant such certificate of

approval in respect of any racecourse and any

ground adjacent thereto which is owned by the

Government of Malta, in which case the following

provisions of this article 44 shall apply to the said

Government only to such extent as the said

M i n i s t e r m a y, o n t h e a d v i c e of t h e C a b i n e t ,

determine in the certificate of approval.

(2) An application for a certificate of approval referred to in

subarticle (1) shall be made by the owner of the racecourse and any

ground adjacent thereto which are the subject of the application, in

such form and manner required by the Minister responsible for

sport or as prescribed by regulations made by the said Minister

under article 78(6), and shall furthermore contain or be

accompanied by such information, documents and particulars as the

said Minister may require or as may be prescribed by regulations

made by the said Minister under article 78(6).

(3) The Minister responsible for sport shall not grant any such

certificate of approval unless he is satisfied that the applicant and,

or the racecourse and any ground adjacent thereto which are the

subject of the application, satisfy or meet, and will after the grant

of the certificate continue to satisfy or meet, such requirements,

specifications and criteria as may be prescribed by regulations

made by the said Minister under article 78(6), and unless the said

Minister is satisfied that the applicant will comply in all respects

with the provisions of this Part and of any regulations made under

article 78(6) and applicable to it and with the terms and conditions

of the certificate of approval.

(4) In granting such certificate of approval, the Minister

responsible for sport may subject it to such conditions as he may

deem appropriate or as may be prescribed by regulations made by

him under article 78(6), and after the grant of such certificate the

said Minister may from time to time vary or revoke any condition

so imposed or impose new conditions

Provided that whenever the Minister responsible for sport

*This article is not yet in force

LOTTERIES AND OTHER GAMES

deems it appropriate to vary any condition or impose any new

condition in any such certificate of approval, the said Minister

shall, unless such variation or imposition of a new condition has

been requested by the holder of the certificate himself, by notice in

writing inform such holder of his intention to vary the said

condition or to impose the said new condition, calling upon such

holder to show cause, within such period being not less than seven

days after the issue of the notice as may be specified in the same

notice, why such condition should not be varied or such new

condition should not be imposed, and the said Minister shall

consider any response made by the holder of the certificate within

the period specified in the notice, before varying the condition or

before imposing the new condition.

(5) The Minister responsible for sport may revoke a certificate

of approval referred to in subarticle (1) -

(i)

if the holder of such certificate contravenes any

provision of this Part and of any regulations

made under article 78(6) and applicable to it, or

is in breach of any condition in the certificate;

(ii) if the said Minister is reasonably satisfied that

the holder of the certificate of approval and, or

the racecourse and any ground adjacent thereto

to which the certificate relates, no longer satisfy

or meet the requirements, specifications and

criteria referred to in subarticle (3), or if the said

Minister reasonably deems it necessary in the

national interest or in the interest of the horse

and, or dog breed to revoke the certificate of

approval; and

(iii) in any other circumstance prescribed by

regulations made by the said Minister under

article 78(6).

(6) Before revoking a certificate of approval referred to in

subarticle (1) on any of the grounds referred to in subarticle (5), the

Minister responsible for sport shall, by notice in writing, request

the holder of the certificate to show cause, within such period as

may be established in the same notice being not less than twenty-

one days after the issue of the notice, why the certificate should not

be revoked on such ground as stated in the notice, and the said

Minister shall consider any response made by such holder within

the period specified in the notice before revoking the certificate.

(7) The holder of a certificate of approval referred to in

subarticle (1) shall forthwith inform the Minister responsible for

sport upon becoming aware of any material changes in the

information, documents and particulars provided by such holder in

terms of subarticle (2) or in terms of any other provision of this

Part or of regulations made under article 78(6), and in default he

shall be guilty of an offence against this Part.

(8) The holder of a certificate of approval referred to in

subarticle (1) may not assign or transfer to any person the said

certificate, or the ownership of the whole or any part of the

LOTTERIES AND OTHER GAMES

racecourse and any ground adjacent thereto to which the certificate

relates, without the prior approval in writing of the Minister

responsible for sport, and if such approval is given, such holder

may then take any of the aforesaid actions subject to such terms and

conditions as may be specified by the said Minister in its approval.

A certificate of approval referred to in subarticle (1) shall be

considered null and void if the holder thereof takes any of the

aforesaid actions without the prior approval in writing of the

Minister responsible for sport, or in breach of any terms and

conditions specified by the said Minister in any such approval. The

holder of the said certificate of approval shall not be required to

seek and obtain the prior approval of the Minister responsible for

sport before transferring the ownership of the whole or any part of

the racecourse and any ground adjacent thereto to which the

certificate relates if, before effecting any such transfer, he

surrenders the said certificate of approval. The holder of such

certificate of approval who acts in breach of the provisions of this

subarticle shall be guilty of an offence against this Part.

(9) The grant of a certificate of approval referred to in

subarticle (1) shall not exonerate the holder of such certificate from

obtaining any other licence, permit or authorization which may be

required under any other law.

(10) The owner of any place which is not an approved

racecourse and who uses or knowingly permits the use of such

place for the purpose of conducting therein horse races and, or dog

races and, or activities ancillary to such races shall be guilty of an

offence against this Part.

(11) Any person who organises or conducts, or who in any way

participates in the organisation or conduct of, or who acts as a

judge, steward, runner or in any other way participates in, horse

races or dog races in any place which is not an approved racecourse

shall be guilty of an offence against this Part.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 45 Approval of racing clubs. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

* (1) The Minister responsible for sport may grant a

certificate of approval to any racing club for the purposes of

organising and conducting horse races and, or dog races on an

approved racecourse or approved racecourses

Provided that where the racing club is an individual who

owns an approved racecourse in accordance with the definition of

"racing club" in article 2(1), the Minister may only grant such

certificate of approval to such individual for the purpose of

organising and conducting horse races and, or dog races only on the

said approved racecourse owned by such individual.

(2) An application for a certificate of approval referred to in

subarticle (1) shall be made by the racing club concerned, in such

form and manner required by the Minister responsible for sport or

as prescribed by regulations made by the said Minister under article

78(6), and shall furthermore contain or be accompanied by such

information, documents and particulars as the said Minister may

require or as may be prescribed by regulations made by the said

*This article is not yet in force.

LOTTERIES AND OTHER GAMES

Minister under article 78(6).

(3) The Minister responsible for sport shall not grant any such

certificate of approval unless he is satisfied that the applicant

satisfies or meets, and will after the grant of the certificate continue

to satisfy or meet, such requirements and criteria as may be

prescribed by regulations made by the said Minister under article

78(6), and unless the said Minister is satisfied that the applicant

will comply in all respects with the provisions of this Part and of

any regulations made under article 78(6) and applicable to it, with

the terms and conditions of the certificate of approval and with any

rules and regulations made by any Racecourse Control Board in

terms of this Part or regulations made under article 78(6) and

applicable to it.

(4) In granting such certificate of approval, the Minister

responsible for sport may subject it to such conditions as he may

deem appropriate or as may be prescribed by regulations made by

him under article 78(6), and after the grant of such certificate the

said Minister may from time to time vary or revoke any condition

so imposed or impose new conditions

Provided that whenever the Minister responsible for sport

deems it appropriate to vary any condition or impose any new

condition in any such certificate of approval, the said Minister

shall, unless such variation or imposition of a new condition has

been requested by the holder of the certificate himself, by notice in

writing inform such holder of his intention to vary the said

condition or to impose the said new condition, calling upon the

holder to show cause, within such period being not less than seven

days after the issue of the notice as may be specified in the same

notice, why such condition should not be varied or such new

condition should not be imposed, and the said Minister shall

consider any response made by the holder of the certificate within

the period specified in the notice, before varying the condition or

before imposing the new condition.

(5) The Minister responsible for sport may revoke a certificate

of approval referred to in subarticle (1) -

(i)

if the holder of such certificate contravenes any

provision of this Part and of any regulations

made under article 78(6) and applicable to it, or

is in breach of any condition in the certificate or

of any rules and regulations made by any

Racecourse Control Board in terms of this Part

or regulations made under article 78(6) and

applicable to it;

(ii) if the said Minister is reasonably satisfied that

the holder of the certificate of approval no

longer satisfies or meets the requirements and

criteria referred to in subarticle (3), or if the said

Minister reasonably deems it necessary in the

national interest or in the interest of the horse

and, or dog breed to revoke the certificate of

approval; and

LOTTERIES AND OTHER GAMES

(iii) in any other circumstance prescribed by

regulations made by the said Minister under

article 78(6).

(6) Before revoking a certificate of approval referred to in

subarticle (1) on any of the grounds referred to in subarticle (5), the

Minister responsible for sport shall, by notice in writing, request

the holder of the certificate to show cause, within such period as

may be established in the same notice being not less than twenty-

one days after the issue of the notice, why the certificate should not

be revoked on such ground as stated in the notice, and the said

Minister shall consider any response made by such holder within

the period specified in the notice before revoking the certificate.

(7) The holder of a certificate of approval referred to in

subarticle (1) shall forthwith inform the Minister responsible for

sport upon becoming aware of any material changes in the

information, documents and particulars provided by such holder in

terms of subarticle (2) or in terms of any other provision of this

Part or of regulations made under article 78(6), and in default he

shall be guilty of an offence against this Part.

(8) The holder of a certificate of approval referred to in

subarticle (1) may not assign or transfer the said certificate to any

person without the prior approval in writing of the Minister

responsible for sport, and if such approval is given, such holder

may then assign or transfer such certificate subject to such terms

and conditions as may be specified by the said Minister in its

approval. A certificate of approval referred to in subarticle (1) shall

be considered null and void if the holder thereof transfers or

assigns the same to any person without the prior approval in writing

of the Minister responsible for sport, or in breach of any terms and

conditions specified by the said Minister in any such approval. The

holder of such certificate of approval who acts in breach of the

provisions of this subarticle shall be guilty of an offence against

this Part.

(9) The grant of a certificate of approval referred to in

subarticle (1) shall not exonerate the holder of such certificate from

obtaining any other licence, permit or authorization which may be

required under any other law.

(10) Any person who is not an approved racing club and who

organises or conducts any horse race or dog race shall be guilty of

an offence against this Part.

(11) The owner of any place who knowingly permits the use of

such place for the purpose of the organisation or conduct therein of

any horse race and, or dog race by a person who is not an approved

racing club shall be guilty of an offence against this Part.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 46 Appointment of Racecourse Control Boards. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

* (1) The Minister responsible for sport shall appoint in

respect of each approved racecourse a Racecourse Control Board

which shall be constituted and the proceedings of which shall be

conducted in accordance with the provisions of the Ninth Schedule.

*This article is not yet in force.

LOTTERIES AND OTHER GAMES

(2)

The functions of a Racecourse Control Board shall be -

(a) to supervise the conduct of horse races and dog races

on the approved racecourse in respect of which such

Board has been appointed to ensure that such races are

conducted fairly and properly and in accordance with

the provisions of this Part and of regulations made by

the Minister responsible for sport under article 78(6)

and in accordance with rules and regulations made by

such Board itself in terms of this Part or regulations

made under article 78(6);

(b) to approve the holding of meetings at which horse

races and, or dog races, other than trial races, are to be

conducted on the approved racecourse in respect of

which such Board has been appointed;

(c) to advise the Minister responsible for sport on new

developments in, and any matter relating to,

horseracing and dog racing and the conduct thereof

and racecourses;

(d) to perform any other function as may from time to time

be assigned to it by this Part or regulations made under

article 78(6).

(3) Subject to any relevant regulations made by the Minister

responsible for sport under article 78(6), a Racecourse Control

Board may appoint judges and stewards in respect of horse races

and dog races taking place on the approved racecourse in respect of

which such Board has been appointed and may make rules and

regulations relating to -

(a) the conduct of horse races and dog races on the

approved racecourse in respect of which such Board

has been appointed;

(b) the payments to be made by the approved racing club

or approved racing clubs organising and conducting

horse races and, or dog races on the approved

racecourse in respect of which such Board has been

appointed to -

(i) the judges and stewards appointed by the Board

as provided in this subarticle; and

(ii) the Board itself in respect of the performance of

its functions;

(c) such other matters as may be prescribed by regulations

made by the Minister responsible for sport under

article 78(6).

(4) A Racecourse Control Board shall also have such other

powers as may be prescribed by regulations made by the Minister

responsible for sport under article 78(6).

PART IX - PROVISION OF MONEY FOR GAMING

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 47 Restriction on credit. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) It shall not be lawful, and shall constitute an offence

against this Act, for a licensee or an operator of a game exempt

LOTTERIES AND OTHER GAMES

from licence under this Act or regulations made thereunder, or any

person acting on behalf of such licensee or operator or under any

arrangement with him, to make any loan or otherwise provide or

allow any credit to any person for enabling such person to

participate in authorised games.

(2) It shall likewise not be lawful, and shall constitute an

offence against this Act, for the holder of a permit granted under

regulations made under article 78(3) or any person acting on his

behalf or under any arrangement with him to make any loan or

otherwise provide or allow any credit to any person for enabling

such person to participate in games operated in terms of the said

permit.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 48 Applicability of the Civil Code. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

Article 1716 of the Civil Code shall not apply with respect

to an authorised game and to a game operated in terms of a permit

granted under regulations made under article 78(3).

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 49 Payment of stakes and prizes. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) Subject to any regulations made by the Minister or any

relevant directive that may be issued by the Authority, a licensee,

or operator of a game exempted from licence under this Act or

regulations made thereunder, or the holder of a permit granted

under regulations made under article 78(3), or any person acting on

behalf of such licensee, operator or permit holder or under any

arrangement with him, may -

(a) accept payment of a stake in respect of an authorised

game or, as the case may be, in respect of a game

operated in terms of the said permit -

(i) in cash; or

(ii) except where he has reasonable cause to believe

that such means of payment will not be honoured

upon presentation or claim therefor, by cheque,

credit card, debit card or any other lawful means

of payment, whether documentary or electronic;

and

(b) effect payment of any monetary prize won in an

authorised game or, as the case may be, in a game

operated in terms of the said permit, by any of the

means of payment referred to in subarticle (1)(a)(i).

(2) The acceptance of payment of stakes in accordance with the

provisions of subarticle (1)(a) shall not be deemed to be contrary to

the provisions of article 47.

(3) The provisions of article 1713 of the Civil Code shall not

prejudice -

(a) the right of a licensee, operator, permit holder or

person referred to in subarticle (1), to recover a debt

arising from the acceptance of payment of a stake by

any of the means of payment referred to in subarticle

(1)(a) in accordance with the provisions of the said

subarticle (1)(a); or

(b) the right of a winner of a monetary prize under an

authorised game or, as the case may be, under a game

LOTTERIES AND OTHER GAMES

operated in terms of a permit granted under regulations

made under article 78(3), to recover any debt arising

from acceptance of payment of such prize by any of

the means of payment referred to in subarticle (1)(b).

PART X - FINANCIAL PROVISIONS

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 50 Authority to meet expenditure out of revenue and constitution of National Lottery Good Causes Fund. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) Without prejudice to the following provisions of this

a r t i c l e , t h e A u t h o r i t y s h a l l s o c o n d u c t i t s a ff a i r s t h a t t h e

expenditure required for the proper performance of its functions

shall, as far as practicable, be met out of its revenue.

(2) For such purpose as is mentioned in subarticle (1) the

Authority shall levy all fees, rates, taxes, duties and other payments

prescribed or deemed to be prescribed by or under this Act or any

other law or regulations made thereunder related to the powers and

functions of the Authority.

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

Consolidated Fund such sums as the House may from time to time

authorise to be appropriated to meet the costs of specified works to

be continued or otherwise carried out by the Authority, being works

of infrastructure or a similar capital nature.

(4) Any funds of the Authority, other than funds standing to the

credit of the Gaming Authority National Lottery Reserve Fund

referred to in subarticle (6), which are not immediately required to

meet expenditure may be invested in such manner as may from time

to time be approved by the Minister.

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

such directions as the Minister may from time to time give and

subject to the provisions of subarticle (6), 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 subarticle, 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, taxes and duties and

other payments levied in accordance with subarticle (2) or any such

excess as aforesaid.

(6) Without prejudice to the powers of the Minister under

subarticle (5), the Authority shall create and maintain a reserve

fund, to be styled as the "Gaming Authority National Lottery

Reserve Fund", to which there shall be credited and paid by the

Authority, immediately upon receipt thereof -

(a) such percentage of the gross sums, fees, duties and, or

taxes paid by the National Lottery licensee to the

Authority in terms of article 31(4) as may be

prescribed by regulations made by the Minister under

this Act;

(b) the gross amounts paid by the National Lottery

licensee to the Authority in terms of article 59(2); and

(c) any other amounts which the Authority is required to

LOTTERIES AND OTHER GAMES

credit and pay into the Gaming Authority National

Lottery Reserve Fund under any other provision of this

Act or of any other law or of regulations made

thereunder,

and all funds standing to the credit of the Gaming Authority

National Lottery Reserve Fund after the end of each financial year

shall, not later than six weeks from the end of such financial year,

be paid by the Authority into the Treasury and shall be credited to

the National Lottery Good Causes Fund created by subarticle (7).

The Authority shall not dispose of or use any funds from time to

time standing to the credit of the Gaming Authority National

Lottery Reserve Fund in any manner or for any purpose other than

as provided in this subarticle.

(7) There shall be created and kept in the Treasury Department

an account to be styled "National Lottery Good Causes Fund" to

which there shall be credited and paid the credit balance in the

Gaming Authority National Lottery Reserve Fund paid by the

Authority to the Treasury in terms of subarticle (6). The funds from

time to time standing to the credit of the National Lottery Good

Causes Fund shall be paid out by the Minister, without any further

appropriation other than this Act, to such persons, organisations,

bodies or other entities pursuing objectives of a religious,

philanthropic, cultural, sports, educational, social or civic nature or

in support of other deserving causes, and in such amounts, in such

manner and at such times, as may be determined by the Minister

from time to time after consultation with an Advisory Board

appointed by him for the purpose.

(8) A statement of the receipts and expenditure of the National

Lottery Good Causes Fund shall, as soon as possible after the close

of each financial year and in any case not later than three months

after the close of such year, be forwarded by the Accountant

General to the Auditor General, and article 65(2) of the Financial

Administration and Audit Act shall apply to such statement. The

Minister shall, at the earliest opportunity and not later than four

weeks after such statement has been certified by the Auditor

General as provided in this subarticle, or if at any time during that

period the House is not in session, within four weeks from the

beginning of the next following session, cause a copy of such

statement to be laid on the Table of the House.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 51 Power to borrow or raise capital. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

For the purpose of carrying out any of its functions under

this Act, the Authority may, with the approval in writing of the

Minister, borrow or raise money in such manner, from such person,

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

Minister may approve in writing.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 52 Advances from Government. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

The Minister may 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, and may make such

advances on such terms and conditions as he may deem

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

LOTTERIES AND OTHER GAMES

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 53 Borrowing from Government. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) The Minister 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 as soon as possible.

(3) Pending the raising of any such loan as is mentioned in

subarticle (1), or for the purpose of providing the Authority with

working capital, the Minister may, by warrant under his hand, and

without further appropriation other than this Act, authorise the

Accountant General to make advances to the Authority out of the

Treasury Clearance Fund under such terms as may be specified by

the Minister upon the making thereof.

(4) The proceeds of any loan raised for the purposes of making

advances to the Authority, and any other moneys to be advanced to

the Authority under this article, shall be paid into a fund specially

established for the purpose and which shall be known as the "Malta

Lotteries and Gaming Loan Fund".

(5) Sums received by the Accountant General from the

Authority, in respect of advances made to the Authority under

subarticle (3) shall be paid, as respects of amounts received by way

of repayment into the Treasury Clearance Fund and, as respects of

amounts received by way of interest into the Consolidated Fund.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 54 Estimates of the Authority. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

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

financial year, and shall not later than six weeks 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 an appropriation Act or of any

other law; and the Authority shall so prepare the said estimates 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 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 six weeks after he has received a copy of the estimates from

LOTTERIES AND OTHER GAMES

the Authority, approve the same with or without amendment.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 55 Expenditure to be according to approved estimates. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

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

Authority unless it has been approved by the Minister as provided

in article 54.

(2)

Notwithstanding the provisions of subarticle (1) -

(a) until the expiry of six 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 on its functions under this Act 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,

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 may 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 as near as practicable

apply to the supplementary estimates.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 56 Publication of approved estimates. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

The Minister shall, at the earliest opportunity and not later

than eight weeks after he has received a copy of the estimates and

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

that period the House is not in session, within eight weeks from the

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

laid on the Table of the House.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 57 Accounts and audit. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(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 require the books and

accounts of the Authority to be audited or examined by the Auditor

General who shall for the purpose have all the powers set out in the

Auditor General and National Audit Office Act.

(3) After the end of each financial year, and not later than the

date on which the estimates of the Authority are forwarded to the

Minister under article 54, the Authority shall cause a copy of the

statement of account 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.

LOTTERIES AND OTHER GAMES

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

than eight weeks after he has received a copy of every such

statement and report, or if at any time during that period the House

is not in session, within eight weeks from the beginning of the next

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

on the Table of the House.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 58 Deposit of revenues and payments by the Authority. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(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

same 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 Chairman, or such other member

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.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 59 Unclaimed Prizes Reserve. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) The National Lottery licensee shall maintain a reserve,

to be styled as the Unclaimed Prizes Reserve, to which there shall

be credited and paid by such licensee an amount equal to the value

of any monetary prize or to the retail value of any non-monetary

prize in an authorised game operated by such licensee in terms of

the National Lottery licence, which remains unclaimed at the end of

the period for claiming such prize set out in the rules of the said

authorised game. Such payment into the Unclaimed Prizes Reserve

shall be made by the National Lottery licensee within seven days

from the end of the period for claiming the prize referred to above.

(2) All funds standing to the credit of the Unclaimed Prizes

Reserve of the National Lottery licensee after the 31st May and

30th November of each financial year of the licensee shall, not later

than two weeks from each of the aforesaid two dates of each

financial year of the licensee, be paid by the licensee to the

Authority and shall be credited and paid by the Authority into the

LOTTERIES AND OTHER GAMES

Gaming Authority National Lottery Reserve Fund referred to in

article 50(6): provided that in the case of termination or

cancellation of the National Lottery licence, all funds standing to

the credit of the Unclaimed Prizes Reserve on the eighth day after

the date of such termination or cancellation shall be paid by the

National Lottery licensee to the Authority by not later than two

weeks form such date of termination or cancellation. The National

Lottery licensee shall not distribute to its shareholders or otherwise

dispose of or use any funds from time to time standing to the credit

of the Unclaimed Prizes Reserve in any manner or for any purpose

other than as provided in this subarticle.

(3) A National Lottery licensee who acts in breach of any of the

provisions of the foregoing subarticles of this article shall be guilty

of an offence against this Act. Furthermore, compliance by the

National Lottery licensee with the said provisions shall be deemed

to be a condition attached to the National Lottery licence for the

purposes of this Act.

(4) The Minister may by regulations apply the provisions of

this article to other games licensees or to such categories of other

games licensees as may be specified in the same regulations.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 60 Contracts of supply or works. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

Without prejudice to any directions communicated by the

Minister under article 12(1), the Authority shall not, except with

the approval of the Minister granted for special reasons, 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 seven thousand euro (€7,000.00) in value, or such other

amount as the Minister may by regulations prescribe, except after

notice of the intention of the Authority to enter into the contract has

been published and competitive tenders have been issued.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 61 Money laundering. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) Without prejudice to the provisions of the Prevention

of Money Laundering Act, hereinafter in this article called "the

Act", the Minister with the concurrence of the Minister responsible

for justice, may by order provide guidelines relating to the conduct

of a licensee or officers or employees thereof or persons acting on

his behalf or under an arrangement with him, or the Authority or

members, officers or employees thereof, in relation to certain

transactions that may give rise to any suspicion of money

laundering, and may in particular provide that the provisions of

article 9(1) of the Act shall apply with regard to licensees, gaming

and operation of games with such modifications and adaptations as

may be specified.

(2) Where a member, officer or employee of the Authority or

an officer or employee of a licensee or other person acting on

behalf of a licensee or under an arrangement with him, has reason

to suspect that a transaction, or a proposed transaction, could

involve money laundering, he shall act in accordance with the

regulations made under the Act and any regulations made under

this Act, as applicable thereto.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 62 Annual report. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

The Authority shall, not later than six weeks after the end

of each financial year, make and transmit to the Minister a report

LOTTERIES AND OTHER GAMES

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 the Minister may from

time to time require. The Minister shall, at the earliest opportunity

and not later than eight weeks 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 eight weeks from the beginning of the next

following session, cause a copy of every such report to be laid on

the Table of the House.

PART XI - TRANSFER OF CERTAIN ASSETS TO THE

AUTHORITY

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 63 Transfer of assets to the Authority. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

* (1) (a) The property and undertakings owned by the

Government and used by it, immediately before

the date of the coming into force of this Part, for

the operation of any of the functions which by this

Act are being transferred to or vested in the

Authority shall, on the date aforesaid, by virtue of

this Act and without further assurance, be

transferred to and vested in the Authority under

the same title by which they were held by the

Government immediately before the said date. The

provisions of this paragraph shall not apply to

immovable property.

(b) The immovable assets from time to time specified

in an Order made by the President of Malta and

published in the Gazette (hereinafter referred to as

"the immovable assets") being immovable assets

which immediately before the coming into force of

this Part were owned by the Government and used

by it for the operation of any of the functions

which by this Act are being transferred to or

vested in the Authority or otherwise for the

operation of any of the functions prescribed by

any law being repealed in terms of article 80,

s h a l l , w i t h e ff e c t f r o m s u c h d a y a s m a y b e

specified in any such order, and by virtue of this

Act and without any further assurance, be

transferred to and vested in the Authority under

the same title by which they were held by the

Government before such day.

(2) The transfer and vesting aforesaid shall, subject to the

provisions of subarticle (1)(a) and (b), extend to the whole of such

property and undertakings or assets and, without prejudice to the

generality aforesaid, shall include all plant, equipment, apparata,

instruments, vehicles, craft, buildings, structures, installations,

l a n d , r o a d s , w o r k s , s t o c k s a n d o t h e r p r o p e r t y, m o v a b l e o r

immovable, assets, powers, rights and privileges and all things

necessary or ancillary thereto which are held or enjoyed in

connection therewith or appertaining thereto, as well as all

obligations affecting or relating to any of the aforesaid property

*This article is not yet in force.

LOTTERIES AND OTHER GAMES

and undertakings or assets or other thing included therein as

aforesaid.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 64 Construction of laws, etc. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

* Subject to the provisions of this Act, all laws, rules,

regulations, orders, judgements, decrees, awards, deeds, bonds,

contracts, agreements, instruments, documents, warrants and other

arrangements, subsisting immediately before the date of the coming

into force of this Part affecting or relating to the properties and

undertakings transferred to the Authority by virtue of article

63(1)(a), or those affecting or relating to any immovable asset

referred to in article 63(1)(b) in respect of which an Order as

referred to in the said article 63(1)(b) has been published and

subsisting immediately before the date specified in such Order as

the date with effect from which the said immovable asset shall be

transferred to the Authority by virtue of the said article 63(1)(b),

shall have full force and effect against or in favour of the Authority,

and shall be enforceable freely and effectually, as if instead of the

Government or government department or authority, the Authority

had been named therein or had been a party thereto, and otherwise

in substitution of the Government or government department or

authority.

65.* (1) When anything has been commenced by or under the

authority of the Government prior to the date of the coming into

force of this Part and such thing relates to any of the properties and

undertakings referred to in article 63(1)(a) or to any right or

liability related thereto transferred to the Authority by or under this

Ac t , su c h t h i n g m a y b e c a rri e d o n a nd c om pl e t e d by o r a s

authorised by the Authority.

(2) Where immediately before the date of the coming into force

of this Part, any legal proceedings are pending to which the

Government is, or is entitled, to be a party, and such proceedings

are related to any of the properties and undertakings referred to in

article 63(1)( a ) or to any right or liability related thereto

transferred to the Authority by or under this Act, the Authority

shall, as from the date aforesaid, be substituted in such proceedings

for the Government, or shall be made a party thereto in like manner

as the Government could have become, and such proceedings shall

not abate by reason of the substitution.

(3) When anything has been commenced by or under the

authority of the Government prior to the date specified in an Order

as referred to in article 63(1)(b) relating to an immovable asset as

referred to in the said article 63(1)(b) as the date with effect from

which the said immovable asset shall be transferred to the

Authority by virtue of the said article 63(1)(b), and such thing

relates to the said immovable asset or any right or liability related

to such asset transferred to the Authority by or under this Act, such

thing may be carried on and completed by or as authorised by the

Authority.

(4) Where immediately before the date specified in an Order as

referred to in article 63(1)(b) relating to an immovable asset as

*This article is not yet in force.

LOTTERIES AND OTHER GAMES

referred to in the said article 63(1)(b) as the date with effect from

which the said immovable asset shall be transferred to the

Authority by virtue of the said article 63(1)( b ), any legal

proceedings are pending to which the Government is or is entitled

to be a party, and such proceedings are related to the said

immovable asset or any right or liability related to such asset

transferred to the Authority by or under this Act, the Authority

shall, as from the date aforesaid, be substituted in such proceedings

for the Government, or shall be made a party thereto in like manner

as the Government could have become, and such proceedings shall

not abate by reason of the substitution.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 66 Minister may make provisions to determine assets transferred to the Authority. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

* The Minister may by order make such incidental,

consequential and supplemental provisions as he may deem

necessary or expedient for the purpose of determining, as

appropriate, the properties, undertakings or assets, rights or

liabilities transferred to the Authority by this Act and securing and

giving full effect to the transfer of any such property, undertaking

or asset or any right or liability to the Authority by this Act and

make such orders as may be necessary to make any powers and

duties exercisable by the Government in relation to any of the

transferred properties, undertakings, assets, rights or liabilities

exercisable by or on behalf of the Authority.

PART XII - OFFENCES AND PENALTIES

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 67 Penalty for offences against this Act. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) Any person guilty of an offence against this Act or any

Part thereof shall, on conviction, be liable to a fine (multa) of not

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

hundred and thirty-five thousand euro (€235,000.00) or to

imprisonment for a term of not more than five years, or to both

such fine and imprisonment

Provided that where the person convicted of an offence

against this Act is a recidivist of an offence against this Act, he

shall be liable to a fine (multa) of not less than twelve thousand

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

thousand euro (€350,000.00), or to imprisonment for a term of not

less than six months and of not more than six years, or to both such

fine and imprisonment

Provided further that where the person so found guilty is

the president, director, manager, secretary or other similar officer

of a company or other undertaking, organisation, club, society or

other association or body of persons, the said person shall, for the

purpose of this article, be deemed to be vested with the legal

representation of the same company or other undertaking,

organisation, club, society or other association or body of persons,

which shall accordingly be liable in solidum with the person found

guilty for the payment of the said fine

Provided further that where the Attorney General in the

sanction issued in accordance with article 74(2), certifies that the

offence will be adequately punished with a fine (multa) of not less

*This article is not yet in force.

LOTTERIES AND OTHER GAMES

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

thousand euro (€7,000.00), the applicable penalty shall be a fine

(multa) of not less than two hundred and fifty euro (€250.00) and

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

Provided further that where the court, after convicting the

accused, is of the opinion that when it takes into account the age of

the offender, the previous conduct of the offender, the effects of the

offence, the means through which the offence was committed and

all other circumstances of the offence, the punishment provided for

in sub-article (1) and in the first proviso thereto is not appropriate,

it may, notwithstanding the other provisions of the third proviso of

this sub-article, apply the punishments established in the said third

proviso.

(2) The fine referred to in subarticle (1) shall be recoverable by

the Minister responsible for sport as a civil debt in favour of the

Government where the relevant offence arises under any provision

of Part VIII, and where the relevant offence arises under any other

provision of this Act the said fine shall be recoverable by the Chief

Executive as a civil debt in favour of the Government.

(3) The provisions of the Probation Act and of article 21 and

28A to 28I of the Criminal Code shall not apply with respect to

offences referred to in subarticle (1).

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 68 Administrative penalty. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) The Authority may with the concurrence of any

licensee or holder of a permit issued in terms of article 36 who

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

permit, or any directive issued by the Authority in terms of this Act

or of regulations made thereunder and applicable to such licensee

o r, a s t h e c a s e m a y b e , t o s u c h p e r m i t h o l d e r w h e r e s u c h

contravention amounts to an offence against this Act, impose

administrative fines or sanctions upon such licensee or holder of a

permit as an alternative to proceedings in court.

(2) For the purposes of subarticle (1), where the Authority

decides to exercise its powers under the said subarticle (1), the

Authority shall enter into an agreement in writing with the offender

whereby the said offender pays a sum which shall not exceed two

hundred and thirty-five thousand euro (€235,000.00) as the

Authority shall determine, and upon the signing of any such

agreement by the Authority and the offender all criminal liability of

the offender under this Act, with regard to the offence or offences

in relation to which the agreement has been entered, shall be

extinguished

Provided that any forfeiture contemplated in this Act as a

consequence to the offence to which the agreement relates shall,

notwithstanding such agreement still take effect

Provided further that any such agreement and the

provisions of this article shall be without prejudice to the power of

the Authority, where applicable, to cancel or suspend the licence or

permit held by the offender in terms of the provisions of this Act

relating to cancellation or suspension of the relevant licence or

permit.

LOTTERIES AND OTHER GAMES

(3) The provisions of subarticle (2) shall apply also in any case

where the offender has been charged before a Court in relation to

the offence, but before final judgement has been given in the case.

(4) Any sum due in virtue of an agreement entered into in terms

of subarticle (2) shall be due to the Authority as a civil debt. The

Authority shall not enter into an agreement as is referred to in

subarticle (2), unless such agreement is accompanied by the

payment of the sum due or an adequate and sufficient security for

its payment.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 69 Counterfeit gaming devices and forgery of licences. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) It shall not be lawful for a person to use, or have in his

possession, any gaming device or amusement machine or a licence

or an authorisation issued under, used or to be used for the purposes

o f t h i s A c t , w h i c h t h e p e r s o n k n o w s t o h a v e b e e n f o rg e d ,

counterfeited or otherwise tampered with.

(2)

It shall not be lawful for a person -

(a) to forge, counterfeit or tamper with any gaming device

or amusement machine or any licence or authorisation

issued under, used or to be used for the purposes of

this Act; or

(b) knowingly to utter any such forged, counterfeit or

tampered with a gaming device, amusement machine,

licence or authorisation.

(3) Whosoever shall contravene subarticles (1) or (2) shall be

guilty of an offence against this Act. Furthermore, any gaming

device, amusement machine, licence or authorisation referred to in

the said subarticles shall be seized and forfeited in favour of the

Government.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 70 Place used for unlawful gaming. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) Any person who knowingly permits the use of any

place for the purpose of the operation, promotion, sale or playing of

any game in contravention of any provision of this Act or of

regulations made thereunder or in breach of any conditions

attached to a licence issued under this Act or in breach of any

directive issued by the Authority in terms of this Act or of

regulations made thereunder or for the purpose of storage of a

relevant gaming device manufactured, assembled, placed on the

market, distributed, supplied, sold, leased, transferred, made

available for use, hosted or operated in contravention of the

provisions of article 7 or in breach of the conditions attached to a

licence issued in terms of the said article 7 or for the purpose of

manufacturing, assembling, repairing or servicing of a relevant

gaming device in contravention of the provisions of article 7 or in

breach of the conditions attached to a licence in terms of the said

article 7, or who wilfully prevents any Police Officer who is

lawfully authorised to enter into any place suspected of being used

as aforesaid, from entering into such place or any part thereof, or

obstructs or delays any such officer in so entering, or by any bolt,

bar or other contrivance secures any external or internal door or

means of access to any such place or part thereof, or uses any

means or contrivance whatsoever for the purposes of preventing,

obstructing or delaying the entry of such officer into any such place

LOTTERIES AND OTHER GAMES

or any part thereof or for giving an alarm or warning in case of such

entry, shall be guilty of an offence against the Act.

(2) Where any Police officer who is lawfully authorised to

enter any place suspected of being used for any of the unlawful

purposes mentioned in subarticle (1) is wilfully prevented from or

obstructed or delayed in entering the same or any part thereof, or

where any bolt, bar or other contrivance or means whatsoever is

found in such place for securing any external or internal door or

means of access to any such place or for preventing, delaying or

obstructing the entry into the same by such officer or for giving

alarm or warning in case of such entry, it shall be evidence, until

the contrary is made to appear, that such place is used for the said

unlawful purposes and that the persons found therein were taking

part in the relevant unlawful activities.

(3) In addition to any penalty under any other provision of this

Act the money and effects representing the stakes as well as any

other money and gaming devices found in any place referred to

under subarticle (1) shall be seized and forfeited in favour of the

Government.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 71 The use of the name "National Lottery" and false representations as to the National Lottery. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

* (1) A person shall not, for the purposes of a game other

than a game forming part of the National Lottery, make use of the

names "National Lottery" or "Maltese National Lottery" or of any

name so closely resembling either of those names as to be

reasonably capable of leading to the belief that either of those

names is being referred to.

(2) It shall not be lawful for a person advertising, or selling, or

offering for sale, or offering the opportunity to participate in, a

game not forming part of the National Lottery to give, by whatever

means, a false indication that it is a game forming part of the

National Lottery.

(3) Whosoever shall contravene subarticles (1) or (2) shall be

guilty of an offence against this Act.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 72 Forfeiture in favour of the Government. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

In addition to any penalty under any other provision of this

Act, any gaming device or amusement machine and any moneys

relating to or used in the commission of any offence against this

Act or any regulations made thereunder, or which has served or was

intended to serve for the commission of any such offence, shall be

seized and forfeited in favour of the Government.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 73 Saving as to higher punishments established in the Criminal Code. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

Where the fact which constitutes an offence under any

provision of this Act or any regulations made thereunder also

constitutes an offence under any other law and is liable to a higher

punishment under such law, such higher punishment shall be

applied in lieu of the punishment established in this Act.

*This article is not yet in force.

LOTTERIES AND OTHER GAMES

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 74 Offences to be tried by the Court of Magistrates and sanction of the Attorney General. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) The Court of Magistrates, in its criminal jurisdiction,

shall be the competent court to take cognizance of offences against

this Act or any regulations made thereunder.

(2) No proceedings for any offence against this Act or any

regulations made thereunder shall be commenced without the

sanction of the Attorney General.

(3) In any proceedings in relation to offences against the Act or

regulations made thereunder, it shall be lawful for the Authority or

any officer or other person delegated by the Authority, to examine

or cross-examine witnesses, produce evidence, make submissions

in support of the charge and generally to conduct the prosecution

on behalf of the police, and the sworn statement of the officer or

other person delegated by the Authority that he has been duly

delegated for that purpose shall be conclusive evidence of that fact.

(4) Notwithstanding the provisions of subarticle (3), the officer

or other person deputed in accordance with the said subarticle may

be produced as a witness in the proceedings

Provided that should the evidence of such officer or other

person be required as part of the case for the prosecution, such

officer or other person shall be heard before he commences to act

as mentioned in subarticle (3)

Provided further that the foregoing proviso shall not apply

where the necessity of the evidence of such officer or other person

arises after he commences to act as mentioned in subarticle (3).

(5) Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal from any

judgment given by the Court of Magistrates, in its criminal

jurisdiction, in respect of proceedings for any offence against this

Act or any regulations made thereunder.

(6) The punishments provided in this Act shall apply unless the

fact constitutes a more serious offence under the Criminal Code or

any other law, in which case the provisions of the Criminal Code or

of such other law shall apply.

(7) Notwithstanding the provisions of the Criminal Code,

proceedings for an offence against this Act or regulations made

thereunder shall be barred by prescription by the lapse of six years.

PART XIII - SUPPLEMENTAL PROVISIONS

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 75 Persons deemed public officers. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) The members of the Authority and all officers and

employees of the Authority shall be deemed to be public officers

for the purposes of the Criminal Code.

(2) The members of the Authority and its officers shall not for

a period of one year following the termination of their appointment

or office engage in any activity which in accordance with the

provisions of article 9(4)(c) would disqualify a person from holding

office as a member of the Authority.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 76 Codes of conduct and rules about responsible gaming. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) The Authority may establish such codes of conduct as

it may deem necessary and useful from time to time with regard to,

among other things, the advertising of authorised games, the

LOTTERIES AND OTHER GAMES

prevention of illegal gaming and gaming by underaged persons, and

the prevention of the gaming addiction.

(2) The Authority may also conduct arrangements, and may

also involve any licensees it deems fit in arrangements, involving

the organization of any programme or information campaign,

including by the issuing of brochures, publications or other

documents, the display of notices, signs, labels or pictures, or by

way of sound broadcasting or television or other means of

communication, with an aim of combating irresponsible or illegal

gaming or gaming by underaged persons.

(3) The Authority may make any codes of conduct or

arrangements referred to in subarticles (1) or (2) binding on

licensees or categories of licensees by means of conditions attached

to their licences or by means of directives issued by it.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 76A Power of the Authority to issue directives. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) The Authority may issue directives as may be

required for the carrying into effect of the provisions of this Act

and of any regulations made hereunder.

(2)

The Authority may amend or revoke such directives.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 77 Derivatives. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

Without prejudice to any relevant licensing requirements

under the Investment Services Act and to the provisions of that Act

o r o f a n y o t h e r l a w, c o n t r a c t s o f d i ff e r e n c e s , i n t e r e s t c a p

agreements, swap agreements, foreign currency exchange or other

similar agreements, the purpose or intended purpose of which is to

secure a profit or avoid a loss (by reference to fluctuations in the

value or price of property of any description or in an index or other

factor designated for such purpose in the contract), and debts or

other obligations arising from such contracts or agreements, shall

not be prohibited, void or unenforceable by reason of any provision

of this Act.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 78 Power to make regulations. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) The Minister may, after consultation with the

Authority, make regulations for carrying out the provisions of this

Act, except the provisions of Part VIII.

(2) Without prejudice to the generality of the provisions of the

previous subarticle, the Minister may by such regulations -

(a) regulate the issue, imposition of conditions on,

suspension, and cancellation of any licence under this

Act and other matters connected therewith, including

measures to be taken in case of the suspension or

cancellation of any licence;

(b) regulate games, specified categories of games or

specified games, and all matters related thereto

including the payment of stakes, payout percentages

and, or prizes or winnings in games;

(c) regulate the manufacture, assembly, placing on the

market, distribution, supply, sale, lease, transfer,

maintenance, servicing, repair, display, hosting,

making available for use, use, operation, monitoring,

control and supervision of, and other activities or

services related to, gaming devices, specified

LOTTERIES AND OTHER GAMES

categories of gaming devices or specified gaming

devices

Provided that such regulations may empower the

Authority to prescribe the procedures to be followed

for the carrying out of all or part of any of the

aforementioned activities or services;

(d)

exempt all persons or specified categories of persons

from the licensing requirement under article 7(1) in

respect of all relevant gaming devices or specified

categories of relevant gaming devices or specified

relevant gaming devices;

(e)

empower the Authority to exempt all persons or such

categories of persons as may be specified in such

regulations or as may be determined by the Authority

itself from the licensing requirement under article 7(1)

in respect of all relevant gaming devices or in respect

of such categories of relevant gaming devices or

particular relevant gaming devices as may be specified

in such regulations or as may be determined by the

Authority itself;

(f)

prescribe the records and accounts to be kept by a

licensee and other matters and obligations of licensees

relating to such records and accounts;

(g)

exempt all persons or specified categories of persons

from any licensing or authorization requirement in

respect of the operation of small games or of a

specified small game or games and, or permit all

persons or specified categories of persons to operate

small games or a specified small game or games

without the need of any licence or authorisation and,

notwithstanding the provisions of article 4, such

regulations may permit such persons or specified

categories of persons or any of such categories to

operate such small games or specified small game or

games or any of them on the results of games operated

by licensees or specified categories of licensees or

specified licensees without the need of the prior

approval of the Authority in terms of article 4

Provided that such regulations may limit such

exemption or permission to a specified number of

small games per year in respect of any particular

person

Provided further that such regulations may make

provision for an obligation on the part of the person

operating the small game to produce to the Authority

such evidence as to the value of the prizes and other

matters relating to the game, and in such manner and at

such time or times, as may be prescribed by such

regulations or as may be required by the Authority

(h)

exempt from any licensing requirement or

authorization specified government departments or

LOTTERIES AND OTHER GAMES

authorities in respect of the operation of specified

games for the purpose of furthering the objectives of

the respective departments or authorities and, or

permit specified government departments or

authorities to operate specified games for the purpose

of furthering their objectives without the need of any

licence or authorisation, and such regulations may

provide for the payment of prize funds in respect of

such games out of the Consolidated Fund by warrant

under the hand of the Minister authorising the

Accountant General to make such payment and

without further appropriation other than such

regulations, provided that the amount of the prize fund

in respect of any such game shall not exceed the sum

of one million and one hundred and sixty-five

thousand euro (€1,165,000) per year;

(i)

limit the number of tombola (bingo) hall licences

which may be granted and be in force at any time,

prescribe the specifications applicable to the premises

or venue from or in which commercial tombola

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

including but not limited to the establishment of rules

or policies regulating, amongst others, the location,

size, type, layout, design, signage and facilities of

such premises or venue as well as the activities which

may be offered, promoted, operated, sold or carried

out in or from such premises or venue;

(j)

limit the number of licences referred to in article 7(1)

which may be granted and be in force at any time;

(k) prescribe the minimum requirements, qualifications

and other criteria to be fulfilled in order for a person to

be granted a licence, authorisation or approval under

the Act;

(l) prescribe the specifications applicable to the premises

or venue from or in which a game can be offered,

promoted, operated or sold, including but not limited

to the establishment of rules or policies regulating,

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

signage and facilities of such premises or venue as

well as the type of games or activities which may be

offered, promoted, operated, sold or carried out in or

from such premises or venue;

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

"Responsible Gaming Fund", to which there shall be

credited such percentage of taxes and, or gross fees

paid by licensees or specific categories of licensees as

may be specified in such regulations for the purpose of

promoting responsible gaming, including but not

limited to the provision of grants for projects,

activities, research and educational programmes

relating to responsible gaming;

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

LOTTERIES AND OTHER GAMES

leviable in respect of the manufacture, assembly,

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

transfer, maintenance, servicing, repair, display,

hosting, making available for use, use, operation,

monitoring, control and supervision of, and other

activities or services related to, gaming devices,

specified categories of gaming devices or specified

gaming devices;

(o) provide for the setting up of a fund, to be styled as the

"GamingMalta Fund", to which there shall be credited

such percentage of taxes and, or gross fees paid by

licensees or specific categories of licensees as may be

specified in such regulations and, or other donations

and, or contributions of whichever kind and by

whichever entity, including but not limited to the

Authority, for the purpose of promoting and advancing

Malta as a gaming jurisdiction and a centre of

excellence for gaming; and

(p) prescribe anything that is to be prescribed under any

other provision of this Act, other than a provision

under Part VIII.

(3) The Minister may, after consultation with the Authority, by

regulations regulate the giving of permits for the operation of

offices in Malta wherefrom specified games and, or skill games are

provided through all or specified means of distance

communication, and which establish the manner of running such

offices and, without prejudice to the generality of the foregoing, he

may by such regulations -

(a) provide that such offices be under the supervision of

the Authority and of inspectors;

(b) provide for the prevention against money laundering;

(c) establish the tax which shall be paid on such games

and, or skill games provided from such offices; and

(d) make any other provision which will ensure that such

games and, or skill games provided from such offices

are played fairly and that such offices are run by

suitable persons and that a proper account be held of

the activities of such offices,

and such regulations may contain transitional provisions in respect

of permits issued in terms of the Operation of Betting Offices

Regulations, made under the Public Lotto Ordinance, which

Regulations will be repealed on the date of coming into force of

article 80(3)(a) pursuant to the repeal of the said Ordinance.

(4) The Minister may, after consultation with the Authority,

make regulations in respect of the functions and powers of the

Authority and the exercise of such functions and powers.

(5) The Minister may, after consultation with the Authority,

make regulations to regulate the manufacture, assembly, placing on

the market, distribution, supply, sale, lease, transfer, maintenance,

servicing, repair, display, hosting, making available for use, use,

LOTTERIES AND OTHER GAMES

operation, monitoring, control and supervision of, and other

activities or services related to, amusement machines, specified

categories of amusement machines, specified amusement machines,

amusement machines with prize, amusement games, specified

categories of amusement games, specified amusement games or

amusement games with prize, and, without prejudice to the

generality of the foregoing provisions of this subarticle, he may by

such regulations -

(a) provide that such amusement machines or amusement

machines with prize may only be manufactured,

assembled, placed on the market, distributed, supplied,

sold, leased, transferred, maintained, serviced,

repaired, displayed, hosted, made available for use,

used, operated, monitored, controlled or supervised by

a person who holds a licence to this effect issued by

the Authority and subject to such terms and conditions

as may be imposed in any such licence by the

Authority;

(b) regulate the term, issue, suspension and cancellation

of, the fees, duties taxes and, or other sums leviable

under, and other matters connected to, any licence

referred to in paragraph (a): provided that such

regulations may empower the Authority to prescribe

all or any of such matters itself in the licence;

(c) provide that such amusement machines, amusement

machines with prize and, or the manufacturing,

assembly, placing on the market, distribution, supply,

sale, lease, transfer, maintenance, servicing, repair,

display, hosting, making available for use, use,

operation, monitoring, control or supervision thereof

be, or be made, under the supervision or control of the

Authority and of inspectors

Provided that such regulations may empower the

Authority to prescribe the procedures to be followed

for the carrying out of all or part of any of the

aforementioned activities or services;

(d) provide for fees, duties, taxes and, or other sums

leviable in respect of the manufacturing, assembly,

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

transfer, maintenance, servicing, repair, display,

hosting, making available for use, use, operation,

monitoring, control or supervision of amusement

machines and, or amusement machines with prize;

(e) regulate the manufacturing, placing on the market,

distribution, supply, sale, transfer, making available

for use, use, and, or purchase of amusement machines

tokens;

(f) prescribe the maximum and, or minimum price to be

paid to play an amusement game and, or an amusement

game with prize;

(g) prescribe the specifications applicable to the premises

LOTTERIES AND OTHER GAMES

or venue from or in which an amusement game and, or

an amusement game with prize can be offered,

promoted, operated or sold, including but not limited

to the establishment of rules or policies regulating,

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

signage and facilities of such premises or venue as

well as the type of games or activities which may be

offered, promoted, sold, operated or carried out in or

from such premises or venue;

(h) make any other provision which will ensure that

amusement machines and, or amusement machines

with prize are operated by suitable persons and that a

proper account be held of the activities of such persons

in respect of the operation of amusement machines

and, or amusement machines with prize and that

amusement games and, or amusement games with

prize are played fairly; and

(i) prescribe the minimum age of persons permitted to use

amusement machines, specified categories of

amusement machines and, or amusement machines

with prize, specified amusement machines, amusement

games, specified categories of amusement games,

amusement games with prize or specified amusement

games

Provided that no person may make available for use, host,

or operate amusement machines with prize in any premises unless such

premises are compliant with specific premises directives issued by the

Provided further that the restrictions imposed i n the premises

directives for amusement machines with prize shall be similar or

identical to the restrictions imposed i n the premises directives relating

to gaming devices.

(6) The Minister responsible for sport may make regulations

for carrying out the provisions of Part VIII and, without prejudice

to the generality of the foregoing, he may by such regulations -

(a) regulate the issue and revocation of the certificates of

approval referred to in articles 44 and 45 and other

matters connected therewith;

(b) regulate the conduct of horse races and dog races on

approved racecourses and regulate approved racing

clubs and their operations;

(c) regulate the functions of Racecourse Control Boards,

confer powers on such Boards and regulate the

exercise of such functions and powers;

(d) prescribe matters in respect of which Racecourse

Control Boards may make rules and regulations in

terms of article 46(3);

(e) regulate payments to be made by approved racing

clubs as are mentioned in article 46(3)(b) and other

payments as he may deem necessary or desirable;

LOTTERIES AND OTHER GAMES

(f)

regulate payments to be made by members of the

public to be admitted to approved racecourses for the

purpose of attending and watching horse races and, or

dog races; and

(g) prescribe anything that is to be prescribed under any

other provision of Part VIII.

(7) The Minister may by regulations amend the First, Second,

Third, Fourth, Fifth and Sixth Schedules and the Minister

responsible for sport may by regulations amend the Ninth

(8) Any regulation made under this Act may provide for any

matter relating to liability for the observance of such regulations,

and the persons who may be liable, or for any matter relating to the

enforcement of the said regulations, including, but not limited to,

the imposition of a fine (multa) not exceeding two hundred and

thirty-five thousand euro (€235,000.00) in respect of any

contravention of, or failure to comply with, the provisions of such

regulations and, or the seizure, removal, confiscation, destruction

or disabling of gaming devices, amusement machines or any

equipment or software related or connected thereto.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 79 Serving of notices. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

Where any notice or other instrument or document

whatsoever is required or authorised to be served or given by or

under this Act, it may be served or given in any of the following

(a) by delivering it to the person on whom it is to be

served or to whom it is to be given; or

(b) by leaving it at the usual or last known place of abode

of that person or, if such person has furnished an

address for service, at that address; or

(c) by sending it by registered mail addressed to that

person at the place of abode or the address for service

aforesaid; or

(d) in the case of a body corporate or other body of

persons, by delivering it to an officer or employee

thereof at the registered or principal office, or by

sending it by registered mail addressed to the body

aforesaid at that office; or

(e) in any case in which it is not reasonably possible to

effect service or give notice in any of the foregoing

manners whether on all or on any one or more of the

persons on whom service is to be made or notice is to

be given, by affixing the document to be served or

given in a conspicuous place on the premises to which

it relates and keeping it so affixed for a period of not

less than seven working days and by publishing the

contents thereof in the Gazette.

Laws of Malta — Chapter 438 — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018
Art. 80 Amendments, repeals and savings. — Att dwar Lotteriji u Logħob Ieħor <BR><I> Imħassar bl-Att XVI tal-2018 Open official source

(1) With effect from the date of coming into force of this

subarticle * , the enactments shown in the First Column of the

Seventh Schedule shall have effect subject to the amendments

LOTTERIES AND OTHER GAMES

shown in the Second Column of the said Schedule.

(2) With effect from the date of coming into force of this

subarticle * , the enactments shown in the First Column of the Eighth

Schedule shall have effect subject to the amendments shown in the

Second Column of the said Schedule and, with effect from such

date, the Gaming Board established by article 5 of the Gaming Act

shall stand dissolved.

(3)

The following Acts are hereby repealed

(a) † Public Lotto Ordinance;

(b) ‡ Racecourse Betting Ordinance;

(c) § Director of Public Lotto (Constitution of Office) Act;

(d) Maltese Government Forecast Pools Act;

(e) ** Director of Public Lotto (Powers and Functions) Act;

(f)

Government Home Lotteries Act;

(g) Government Tombola Act;

(h) †† Government Lotteries Act.

(4) A permission granted to a company registered in Malta to

hold tombola (bingo) sessions (as defined in the Tombola (Bingo)

Regulations, hereinafter in this subarticle referred to as "the

Tombola Regulations") of a commercial nature in a tombola

(bingo) hall (as defined in the Tombola Regulations) in terms of the

Tombola Regulations and still in force on the date of the coming

into force of article 38, shall continue in force thereafter as if it

were a tombola (bingo) hall licence granted under the said article

38, with such modifications, adaptations and limitations as may be

necessary or appropriate for the purpose; and any such permission

as aforesaid shall, with effect from the aforesaid date, be subject to

the provisions of the said article 38 and be treated and dealt with

accordingly.

(5) A certificate of approval issued by the Minister responsible

for the Police in respect of a racecourse and ground adjacent

thereto in terms of article 3 of the Racecourse Betting Ordinance

and still in force on the date of the coming into force of article 44,

shall continue in force thereafter as if it were a certificate of

approval granted by the Minister responsible for sport under the

said article 44, with such modifications, adaptations and limitations

as may be necessary or appropriate for the purpose; and any such

certificate of approval as aforesaid and the holder thereof shall,

with effect from the aforesaid date and subject to the provisions of

article 44(1)(b), be subject to the provisions of the said article 44

and be treated and dealt with accordingly.

*2nd September, 2002 - vide Legal Notice 240 of 2002.

*2nd September, 2002 - vide Legal Notice 240 of 2002.

†this paragraph is not yet in force.

‡this paragraph is not yet in force.

§this paragraph is not yet in force.

**this paragraph is not yet in force.

††this paragraph is not yet in force.

LOTTERIES AND OTHER GAMES

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