GAMING ACT

CHAPTER 583

GAMING ACT

AN ACT to make provision for the governance and regulation of gaming

services and products from and within Malta, together with all such activities

and matters that are ancillary or incidental thereto or connected therewith,

and for the establishment and functions of the Malta Gaming Authority.

1st August, 2018

ACT XVI of 2018 as amended by Legal Notice 204 of 2018 and 418 of

2018 and 278 of 2019 and Acts XLI of 2018 and XXI of 2023.

(1)

The short title of this Act is the Gaming Act.

(2) (a)

The provisions of this Act shall, without

prejudice to paragraph (b), come into force on the 1st August, 2018.

(b)

With respect to gaming devices, commercial

tombolas and all other services provided in gaming premises and, or

controlled gaming premises, this Act and all regulations made

hereunder shall come into force on 1st January, 2019.

(Article 6(4))

Composition and conduct of affairs of the Board

1. (1)

The Board shall establish the policies to be

pursued by the Authority. In determining such policies, the Board

shall follow such policy guidelines as may be set out by the Minister.

The Board shall also be responsible for advising the Government in

furtherance of the functions and in the attainment of the objectives of

the Authority in terms of this Act.

(2)

The Board of Governors shall consist of the following

(a)

a Chairperson, appointed by the Minister;

(b)

not less than four but not more than six other

Governors appointed by the Minister from among persons who

have distinguished themselves in business, financial activities,

the professions, the public services or academic affairs and

who in his opinion are able to represent the points of view of

the industry and players; and

(c)

The Chief Executive of the Authority, who shall

be a member of the Board but shall not have the right to vote on

the decisions to be made thereby.

(3) The Chairperson and the other members of the Board

shall be appointed for a term being not more than three years, as may

be specified in the instrument of appointment. However, the members

so appointed may be re-appointed on the expiry of their term of

office.

(4) The Minister may designate one of the other members of

the Board as Deputy Chairperson, and the member so designated

shall have all the powers and perform all the functions of the

Chairperson during his absence or inability to act as Chairperson, or

while the Chairperson is on vacation or during any vacancy in the

office of Chairperson

Provided that the Minister may also, in any of the

circumstances mentioned in this sub-article, appoint another person

to act as Chairperson, and in such case the provisions of this sub-

article and the provisions of the following sub-article shall apply in

respect of such person.

(5) (a)

A person shall not be eligible to be appointed as

Chairperson or as a member of the Board of Governors, or of any

other organ of the Authority, or to hold any other office with the

Authority, if he

(i)

is the holder of any licence or authorisation

issued by the Authority, or otherwise falls under the regulatory

or supervisory functions of the Authority;

(ii)

is a director, an officer or employee of such

holder or other such person mentioned in sub-paragraph (i);

(iii)

has a financial or other interest in any enterprise

or activity directly related to gaming;

(iv)

is a Minister, Parliamentary Secretary or a

member of the House of Representatives;

(v)

is a judge or magistrate of the courts of justice;

(vi)

has been declared bankrupt or has made a

composition or arrangement with his creditors;

(vii)

is legally incapacitated or interdicted;

(viii) has been convicted of an offence punishable by

imprisonment for a period of six months or more;

(ix)

has been found guilty of an offence under this

Act or any other law relating to gaming or of an offence

against public trust;

(x)

has engaged in or been associated with any other

business practice or otherwise conducted himself in such

manner as to cast doubt on his competence or soundness of

judgement; or

(xi)

is otherwise not a fit and proper person to hold

that office.

(b)

In determining whether a person is a fit and

proper person, the Minister shall have regard to that person’s probity,

competence and soundness of judgement for fulfilling the

responsibilities of that office, to the diligence with which he is

fulfilling or is likely to fulfil those responsibilities, and to whether the

interests of any person are, or are likely to be, in any way threatened

by his holding of that office.

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

member of the Board shall become vacant

(a)

at the expiry of his term of office;

(b)

if he resigns;

(c)

if any circumstances arise that disqualify such

member from holding office as a member of the Board; or

(d)

if he is removed from office in terms of this

article.

(7)

A member of the Board may be removed if

(a)

such member is, in the opinion of the Minister,

unfit to continue in office or has become incapable of properly

performing his duties as a member;

(b)

the behaviour or performance of the member

brings into question his suitability or ability to continue as a

member, in particular for behaviour that affects or may affect

his reputation, independence or autonomy, or the reputation,

independence or autonomy of the Authority;

(c)

the member has been convicted of a criminal

offence affecting public trust, or of theft or fraud, or of

knowingly receiving property obtained by theft or fraud, or of

bribery or of money laundering, provided that the Minister

may suspend the member if he is being investigated for a

criminal offence;

(d)

the member fails to perform his duties for a

prolonged period without any valid justification

Provided that notwithstanding the above, it shall

be a cause for the removal of a member if that member, for any

reason, fails to perform his duties including attending for

Board meetings, for a continuous period exceeding six

months;

(e)

if the member acts in contravention of sub-

article (9); and, or

(f)

one or more of the grounds for ineligibility

envisaged in sub-article (5) arises after that member’s

appointment to the Board.

(8) If a member resigns, or if the office of a member of the

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

perform the functions of his office, the Minister may appoint a person

who is qualified to be appointed as a member, to be a temporary

member of the Board. Any person so appointed shall, subject to sub-

articles (6) and (7) hereof, cease to be 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.

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

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

pursuance of its functions under this Act or any other law shall

disclose the nature of his interest at the first meeting of the Board

after the relevant facts have come to his knowledge. Such disclosure

shall be recorded in the minutes of the Board, and the member having

an interest as aforesaid shall withdraw from any meetings at which

such decision 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 Board, he shall report the fact immediately to the

Minister and tender his resignation.

2. (1)

The meetings of the Board shall be called by the

Chairperson as often as may be necessary, either of his own motion or

at the request of two or more members of the Board

Provided that the Board shall meet as often as may be

necessary, but not less than five times every year.

(2) (a)

The Chairperson and at least two other members

of the Board shall form a quorum. Decisions shall be adopted by a

simple majority of the votes of the members present and voting

Provided that, without prejudice to the other

requirements of this Act, no decision shall be valid which is not

supported by at least two members of the Board.

(b)

Each member of the Board shall be entitled to

one vote

Provided that the Chairperson shall have an initial vote,

and in the event of an equality of votes, a casting vote.

(3) Subject to the provisions of this Act, the Board may

regulate its own procedure.

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

or proceeding of the Board 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 Board shall be valid as if he were a member

notwithstanding that some defect in his appointment or qualification

be afterwards discovered. No act or proceeding of the Board shall be

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

member, of article 1(9) of this Schedule.

3. (1)

The Executive Committee shall be responsible

for executing the policies decided upon by the Board and for taking

the necessary decisions in pursuance thereof as well as decisions in

furtherance of the day-to-day management of the Authority.

(2) The Executive Committee shall be composed of the

Chief Executive and the heads of the Authority's directorates, and any

other persons as necessary, all of whom shall be appointed by the

Board on the recommendation of the Chief Executive.

(3) The members of the Executive Committee shall be

appointed for such period as may be established by the Chief

Executive in the letter of appointment.

(4) The Executive Committee shall meet as often as may be

necessary and, subject to the provisions of this Act, may regulate its

own proceedings.

(1)

In this Act, unless the context otherwise

requires

"agent" means a person acting for and on behalf of another

person;

"ancillary gaming supply" or "ancillary supply" means a

gaming supply other than a material supply;

"Authority" means the Malta Gaming Authority established by

this Act;

"authorisation" means a licence, approval, certificate,

recognition notice or similar instrument issued by the Authority

authorising a person to provide a gaming service, gaming supply or a

key function;

"authorised person" or "authorisation holder" means a person

who holds an authorisation from the Authority;

"binding instrument" means an act, document or other

pronouncement of the Authority having binding effect on those to

whom it is addressed, as may be prescribed by or under this Act, and

shall include the conditions attached to an authorisation;

"Board" shall mean the Board of Governors of the Authority;

"Chairperson" means the Chairperson of the Board and

includes the deputy chairperson or another person appointed to act as

chairperson in circumstances established in this Act or as decided by

the Board;

"Chief Executive" means the chief executive officer of the

Authority appointed in accordance with this Act;

"confidential information" means any and all information,

whether written or otherwise, whether in electronic form or

otherwise, and whether or not described specifically by the person

disclosing it as confidential, which is related to or connected with the

commercial operation of the disclosing person, but shall not include

information that

(a)

is in the public domain;

(b)

is or becomes generally available to the public

other than as a result of its disclosure by the recipient in breach

of confidentiality;

(c)

was available to the recipient on a non-

confidential basis prior to disclosure by the disclosing party;

(d)

was, is or becomes available to the recipient on a

non-confidential basis from a person who, to the recipient’s

knowledge, is not bound by a confidentiality agreement with

the disclosing party or is otherwise prohibited from disclosing

the information to the recipient;

(e)

was lawfully in the possession of the recipient

before the information was disclosed to it by the disclosing

party;

(f)

the parties agree in writing is not confidential or

may be disclosed; or

(g)

is developed by or for the recipient

independently of the information disclosed by the disclosing

party;

"consumer" shall have the meaning prescribed by the

Consumer Affairs Act;

"critical gaming supply" or "critical supply" means a material

supply which is (a) indispensable in determining the outcome of

game or games forming part of the gaming service, and, or (b) an

indispensable component in the processing and, or management of

essential regulatory data;

"directorate" means a division of the Authority as may be

established from time to time;

"economic activity" means any activity which by its nature is

or could be carried out for the purpose of making a profit, whether or

not such profit is for philanthropic or other fund raising purposes;

"financial year of the Authority" means a period from 1

January to 31 December of a year;

"game" means a game of chance or a game of skill;

"game of chance" means an activity the outcome of which is

determined by chance alone or predominantly by chance, and

includes but is not limited to activities the outcome of which is

determined depending on the occurrence or outcome of one or more

future events;

"game of skill" means an activity the outcome of which is

determined by the use of skill alone or predominantly by the use of

skill, but excludes a sport event, unless otherwise established by or

under this Act;

"gaming" means an activity consisting in participating in a

game, offering a gaming service or making a gaming supply;

"gaming device" means any device or object, including any

electrical, electronic, or mechanical device, ticket or any other thing,

that is used or is by its nature intended for use as part of a gaming

service or in connection therewith in a gaming premises;

"gaming premises" means any premises accessible to the

public, which is used or intended to be used for players to participate

in a gaming service;

"gaming sector" means the economic sector focused on the

provision of gaming services and gaming supplies and other services

and goods in connection therewith or related thereto;

"gaming service" means making a game available for

participation by players, whether directly or indirectly, and whether

alone or with others, as an economic activity;

"gaming supply" means a supply, directly or indirectly, of a

good or service, in relation to a gaming service, which is either a

material gaming supply or ancillary gaming supply, but does not

include provision of a key function;

"material supply" or "material gaming supply" means a

gaming supply of such importance that any weakness or failure in its

provision could have a significant impact on the operator’s (a) ability

to meet the operator’s obligations under the Act and all applicable

regulatory instruments; or (b) to manage the risks related to such

supply; or (c) to continue in business, and the term "material supply"

shall include a "critical supply";

"minor" means a physical person under the age of eighteen

years, except where prescribed otherwise in specific instances under

this Act or any other regulatory instrument;

"Minister" means the Minister responsible for the gaming

sector;

"money and, or money’s worth" includes, without limitation,

currency accepted as legal tender in the jurisdiction or jurisdictions of

its issue, virtual currencies, units of value, tokens of value, goods,

services and any form of property which may be traded, sold,

converted into, or otherwise exchanged for money, goods or services;

"National Lottery games" means the Grand Lottery, Super 5

and Lotto, in the form envisaged in the National Lottery licence as

well as any variation of any of the said National Lottery Games;

"National Lottery licence" means a licence granted by the

Authority in virtue of a concession by the Minister granted under

article 11(3), to operate the National Lottery games and such other

games as authorised by the Authority, and subject to such terms and

conditions therein, and "National Lottery licensee" shall be construed

accordingly;

"operator" means a person who carries out a gaming service;

"player" means an end customer who participates or takes

preparatory steps to participate in a game;

"player funds" means player’s money and money’s worth held

by an operator under an arrangement made between an operator and

the player for the provision of a gaming service and includes, but is

not limited to, funds that the player has the right to withdraw and

funds committed directly by players to games, pending determination

of the outcome of such games;

"player funds account" means an account held by or for or on

behalf of an operator with a licensed credit, financial and, or payment

institution in which player funds are kept;

"prize" means the reward of money or money’s worth offered

to one or more participants in a game in accordance with the rules of

the game;

"recognition notice" means a notice issued by the Authority

whereby an authorisation issued by another Member State of the EU

or the EEA, or a State which is deemed by the Authority to offer

safeguards largely equivalent to those offered by Maltese law, and is

recognised as having the same effect as an authorisation issued by the

Authority for the purpose of providing a gaming service, gaming

supply and, or key function in or from Malta;

"regulatory data" means data which an authorised person is

obliged to compile, retain and, or report to the Authority by or under

this Act or any other regulatory instrument;

"regulatory instrument" means this Act, regulations made

under this Act, and the Authority’s binding instruments;

"stake" means money or money’s worth that is or must be

committed in order for a player to participate in a game, whether or

not it is risked directly on a result of the game;

"vulnerable person" means any person who is known to have a

gambling problem, any person whose social circumstances may make

him or her more susceptible to problem gambling, or any person who,

by virtue of a defect in the capacity of will and understanding, is

rendered more susceptible to problem gambling, and this shall

include players who are undergoing a period of self-exclusion,

persons who have been diagnosed by medical professionals as being

pathological or otherwise problem gamblers, persons who are

currently seeking treatment for problem gambling and persons under

the influence of alcohol or drugs.

(2) In this Act and any binding instrument made thereunder,

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

English text shall prevail.

PART II - Regulatory Objectives and Governing Principles

(Article 58)

Detailing of public officers for duty with the Authority

1. (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.

2. (1)

Where any officer is detailed for duty with the

Authority under any of the provisions of article 1 of this Schedule,

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 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 sub-article

(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.

3. (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 1 of this Schedule,

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.

(3) Every officer who accepts permanent employment with

the Authority offered to him under the provisions of sub-article (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’ Pension 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.

GAMING

(1)

The gaming sector in Malta shall be governed

and supervised by means of proper regulation of relevant activities

and practices in line with the regulatory objectives and governing

principles established by this Act.

(2) The Minister shall determine Malta’s general policies

not inconsistent with the provisions of this Act for the gaming sector

and its governance and supervision.

Amended by: 

L.N. 278 of 2019.

(Article 23)

Criminal offences

(a)

Providing a gaming service and, or a critical gaming

supply which requires a licence, without the

necessary licence issued by the Authority or another

competent authority in the European Union or the

European Economic Area, or aiding, abetting or

otherwise facilitating such a provision.

(b)

Acting contrary to, or not adhering to the fullest extent

possible to, an order issued by the Authority, howsoever

named.

(c)

Committing one or more of the breaches envisaged in

articles 29, 30, 32 and 33 of this Act.

(d)

Preventing, obstructing, or delaying any Police officer

or any officer of the Authority lawfully authorised to

enter any premises suspected to be used in contravention

of any regulatory instrument, or giving an alarm or

warning in case of such entry.

(e)

Using, transferring the possession of, sending or

delivering to any person or place, acquiring, receiving,

keeping, transporting, transmitting, altering, disposing

of or otherwise dealing with, in any manner or by any

means, any money, property (whether movable or

immovable) or any proceeds of any such money or

property with intent to conceal or convert that money

or property or those proceeds and knowing or

suspecting that all or a part of that money or property, or

of those proceeds, was obtained or received, directly or

indirectly, as a result of any act of commission or

omission which constitutes an offence against this

Act.

(f)

Failing to effect payments to players when lawfully due

Provided that where it is disputed whether a payment is

lawfully due or otherwise, such payment will be deemed

to be lawfully due for the purpose of this provision when

there is a final binding decision to that effect by a

competent court of law or dispute resolution entity.

(g)

Failing to ensure the integrity and availability of

essential regulatory data.

(h)

Any other breach specified in any regulatory instrument

GAMING

which is defined therein as giving rise to a criminal

offence or an offence against this Act.

(1)

Governance and supervision of the gaming

sector shall pursue the following main regulatory objectives

(a)

to ensure that regulation of the gaming sector is

carried out in the public interest;

(b)

to ensure, through the powers vested in the

Authority, that gaming is free from crime and is not used as a

source or an instrument of crime;

(c)

to ensure that gaming is conducted in a fair, safe

and transparent manner;

(d)

to ensure that the interests of minors and other

vulnerable persons are adequately safeguarded;

(e)

to promote the development of a sustainable

gaming sector and economic growth;

(f)

to promote the development of Malta as a centre

of excellence and expertise for gaming-related competences

and skills, knowledge building and knowledge transfer, in

particular in technology-rich and player assistance services;

(g)

to promote responsible innovation in the gaming

sector.

(2) The pursuit of the regulatory objectives, governance and

supervision of the gaming sector shall be guided by the following

governing principles

(a)

regulatory action shall be proportionate to the

aims it strives to achieve and not more burdensome than

necessary for the achievement of the said aims;

(b)

requirements to be imposed on regulated persons

shall be non-discriminatory, transparent and accessible,

consistent, objective and made public in advance;

(c)

regulatory action affecting rights and obligations

of persons shall be timely and shall be reasoned and taken on

the basis of appropriate and relevant considerations;

(d)

regulatory procedures and requirements shall be

such as to avoid, as much as reasonably possible without

prejudicing regulatory objectives, duplication of requirements

and controls;

(e)

regulation shall, where appropriate and possible,

use a risk-based approach, so that regulatory objectives are

pursued in the most efficient and effective way;

(f)

prior to taking regulatory action or imposing

regulatory requirements, where appropriate and opportune,

consultation shall be carried out with regulated persons, other

stakeholders in the gaming sector and, or the wider public as

the case may be;

(g)

in case of a conflict between public interest and

economic considerations, public interest considerations shall

prevail;

(h)

where the public interest considerations so

require, the Minister shall be empowered to amend any

relevant policies and regulatory actions shall be adjusted

accordingly

Provided that the Authority may deviate from these

governing principles if such deviation is objectively justified by an

overriding reason relating to public policy, public security, public

health or the protection of the environment.

PART III - Establishment, Functions, Powers and Conduct of Affairs

of the Malta Gaming Authority

(Article 59)

PART A - Amendment of other enactments

1. Criminal Code -

The following provisions thereof shall be

Cap. 9

repealed

(a)

article 379; and

(b)

the proviso to article 643.

2. Conduct

In the Fourth Schedule thereof, for the words

Certificates

"Lotteries and Gaming Authority" there shall be

Ordinance - 

substituted the words "Malta Gaming

Cap. 77

Authority", and for the words "Lotteries and

Other Games Act" there shall be substituted the

words "Gaming Act".

3. Racecourse

The following provisions thereof shall be

Betting Ordinance

repealed

- Cap. 78

(a)

articles 6 to 13, both inclusive;

(b)

paragraph (d) of article 14;

(c)

the second proviso to article 15; and

(d)

article 16.

Broadcasting Act - 

4. (a)

Article 10(6C) thereof shall be repealed.

Cap. 350

(b)

Immediately after paragraph (c) of sub-

article (4) of article 16M thereof there shall

be added the following new provisos

"Provided

that

notwithstanding the above, gambling

products which are strictly related to

a sporting event may be advertised

on such programme throughout the

duration of such event, subject to

such restrictions and conditions as

the Authority and, or the Malta

Gaming Authority may impose

thereon

GAMING

Provided

further

that

notwithstanding the first proviso

hereof, if the Authority deems that,

in the interest of public health and, or

for the protection of minors and, or

vulnerable persons as defined in the

Gaming Definitions Regulations,

2018 the advertising envisaged in the

first proviso hereof shall not occur, it

may restrict and, or prohibit such

advertising as it deems fit in its sole

discretion.".

5. Services (Internal

In paragraph (g) of sub-article (2) of article 3

Market) Act - 

thereof, for the words "the Gaming Act and the

Cap. 500

Lotteries and other Games Act", there shall be

substituted the words "the Gaming Act".

6. Registration of

(a)

In paragraph (b) of regulation 5 thereof,

Clubs Regulations

immediately after the word "gambling"

- S.L. 10.21

there shall be added the words "and

provided that he has verified that prior

authorisation has been issued by the Malta

Gaming Authority in terms of the Gaming

Act"; and

(b) Regulation 9 thereof shall be amended as

follows

(i)

in paragraph (d) thereof, immediately

after the word "premises" there shall

be added the words "provided that the

Commissioner of Police has verified

that prior authorisation has been

issued by the Malta Gaming Authority

in terms of the Gaming Act";

(ii)

in paragraph (e) thereof, immediately

after the word "gambling" there shall

be added the words "provided that the

Commissioner of Police has verified

that prior authorisation has been

issued by the Malta Gaming Authority

in terms of the Gaming Act".

7. Fees leviable by

The following provisions within the Schedule

Government

thereof shall be repealed

Departments

"Lotto

Regulations - 

(a)

For a permit to hold a tombola or

lottery, inclusive of the duty leviable

......... 0.17

Such fees shall be denoted by means

of stamps to be affixed to the permit.

GAMING

(b)

Fee in respect of an application filed

later than the term specified in

regulation 7 of the Public Tombolas

Regulations - exclusive of the fees

payable under paragraph (a) above

.................... 1.16".

8. Smoking in the

In paragraph (c) of sub-regulation (2) of

Public Places

regulation 4 thereof, for the words "Lotteries and

Regulations - 

Gaming Authority" there shall be substituted the

words "Malta Gaming Authority".

9. Satellite

Article 2 thereof shall be repealed.

Television

Broadcasting

Licence

(Empowerment)

Order - 

10. Requirements as to

(a)

Immediately after sub-paragraph (iv) of

Standards and

paragraph 1.2.2 of regulation 1 thereof

Practice applicable

there shall be added the following new

to the Conduct of

paragraph

Competitions and

"1.2.3

Provided that in the exercise of

the Award of

this regulation, the Gaming Act

Prizes - 

and the regulatory instruments

made thereunder applicable to it,

shall be complied with.";

(b) Immediately after paragraph 3.3 of

regulation 3 thereof there shall be added the

following new paragraph

"3.4

Provided that in the exercise of

this regulation, the Gaming Act

and the regulatory instruments

made thereunder applicable to it,

shall be complied with.";

(c) Immediately after paragraph 4.1 of

regulation 4 thereof there shall be added the

following new paragraph

"4.2

Provided that in the exercise of

this regulation, the Gaming Act

and the regulatory instruments

made thereunder applicable to it,

shall be complied with.";

(d) Immediately after paragraph 5.3 of

regulation 5 thereof there shall be added the

following new paragraph

GAMING

"5.4

Provided that in the exercise of

this regulation, the Gaming Act

and the regulatory instruments

made thereunder applicable to it,

shall be complied with.";

(e) Immediately after paragraph 6.2 of

regulation 6 thereof there shall be added the

following new paragraph

"6.3

Provided that in the exercise of

this regulation, the Gaming Act

and the regulatory instruments

made thereunder applicable to it,

shall be complied with.";

(f) Immediately after sub-paragraph (iv) of

paragraph 10.1 of regulation 10 thereof

there shall be added the following new

paragraph

"10.2

Provided that in the exercise of

this regulation, the Gaming Act

and the regulatory instruments

made thereunder applicable to it,

shall be complied with.";

(g) Immediately after paragraph 11.1 of

regulation 11 thereof there shall be added

the following new paragraph

"11.2

Provided that in the exercise of

this regulation, the Gaming Act

and the regulatory instruments

made thereunder applicable to it,

shall be complied with.".

11. Requirements as to

(a) In paragraph 2.2 of regulation 2 thereof, the

Advertisements,

words "since any such advertising is

Methods of

prohibited in terms of article 49 of the

Advertising and

Gaming Act (Chapter 400 of the Laws of

Directions

Malta)" shall be deleted;

Applicable to

(b) In paragraph 4.1 of regulation 4 thereof, the

Gambling

first reference to the words "the Lotteries

Advertisements - 

and Other Games Act" shall be deleted, and

for the words "Lotteries and other Games

Act or any subsidiary legislation made

thereunder" there shall be substituted the

words "Gaming Act or any other regulatory

instruments issued thereunder";

(c) Immediately after sub-paragraph (xvii) of

paragraph 5.4 of regulation 5 thereof there

shall be added the following new

paragraph

GAMING

"5.5

Without

prejudice

to

the

generality of the foregoing, in the

exercise of this provision, the

Code

of

Commercial

Communications,

howsoever

named, as issued by the Malta

Gaming Authority shall be

complied with.".

PART B - Revocation of other enactments

Amended by: 

L.N. 418 of 2018.

The following subsidiary legislation is being revoked

-

the Betting on the Result of Football Matches Order -

S.L. 9.02;

-

the Importation of Mechanical Gambling Contrivances

Regulations - S.L. 37.03;

-

the Permits application for Lotteries, Tombolas or Small

Games Regulations - S.L. 70.01;

-

the Public Tombolas Regulations - S.L. 70.02;

-

the Public Lotto Regulations - S.L. 70.03;

the Racecourse Betting (Use of Totalisator) Rules - 

-

(1)

There shall be an authority, to be called the

Malta Gaming Authority.

(2)

The Authority shall be a body corporate having distinct

legal personality and shall be capable of entering into contracts, of

acquiring and disposing of property of any kind for the purposes of

its functions under this Act or any other law, of suing and of being

sued, and of doing all such things and entering into all transactions as

are incidental to or conducive to the exercise or performance of its

functions as aforesaid.

(1)

The Authority shall consist of a Board of

Governors.

(2) (a)

The Board shall appoint a Chief Executive for

the day-to-day management of the affairs of the Authority.

(b)

The Board shall, on the recommendation of the

Chief Executive, appoint such other persons whether from within the

Authority or not, to form part of an Executive Committee to assist the

Chief Executive in his functions.

(3) It shall be the duty of the other organs of the Authority

to provide the Board with all such information as may be required for

the proper performance of its functions and in particular to enable it

to ensure that its policies are being properly carried out.

(4) The Board and other organs of the Authority shall be

composed of such members, and shall conduct their affairs, as

prescribed in the First Schedule.

(1)

Without prejudice to any other power or function

conferred to it by this Act or any other law, in pursuing the main

regulatory objectives in line with the governing principles established

by this Act, it shall be the function of the Authority

(a)

to regulate, supervise and keep under review all

practices, operations and activities relating to any matter

regulated by or under this Act, and the performance of the

gaming sector;

(b)

to promote the general interests of players, and

to provide the relevant information and guidance to the public;

(c)

to ensure that gaming services are advertised

fairly and in a responsible manner in accordance with

applicable law;

(d)

to receive and investigate complaints by players

and to assist and promote timely, fair and competent resolution

of disputes between players and players and, or operators;

(e)

to monitor the gaming sector in Malta and to

undertake or commission such study, research or investigation

which it may deem necessary;

(f)

to provide information and issue guidelines and,

or reports to the public relating to any matter regulated by or

under this Act;

(g)

to consult with the general public or a specific

segment thereof, as the case may be, on all matters which the

Authority considers necessary and, or desirable;

(h)

to request, collect, compile and maintain records

of all relevant data as the Authority may deem appropriate in

connection with its functions and objectives;

(i)

to develop the necessary strategy and action

plans to achieve the policies, strategies and objectives set by

Government or by the Authority;

(j)

to advise the Government generally on the

formulation of policies directly or indirectly connected with

gaming and the gaming sector, and to make recommendations

to Government on actions which in the opinion of the

Authority would be expedient in relation to matters falling

within the regulatory and supervisory functions of the

Authority;

(k)

to advise the Minister on new developments,

needs and risks in gaming and the gaming sector and to make

proposals as may be deemed necessary or expedient to respond

thereto;

(l)

to advise the Minister on the making of

regulations;

(m)

to establish the minimum requirements to be

satisfied by any person who is engaged or employed in any

activity, function or involved in any matter regulated by or

under this Act;

(n)

to inquire into the suitability of any person

engaged or employed in any activity or involved in any matter

regulated by or under this Act to ensure that these persons are

fit and proper and suitable to carry out their functions;

(o)

to grant any licence, approval, recognition or

other authorisation for the carrying out of any operation or

activity relating to any matter regulated by or under this Act,

as may be required in terms of this Act or regulations made

thereunder;

(p)

to assess whether persons comply with the

requirements imposed by or under this Act;

(q)

to impose such proportionate requirements and

GAMING

conditions, in conformity with European Union law and

Malta’s international obligations, 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 11, in respect of

gaming and related activities which are authorised by a

competent authority of any other jurisdiction and made

available in Malta;

(r)

to ensure high standards of conduct and

management throughout the gaming sector;

(s)

to prevent, detect and ensure the prosecution of

any offence against this Act or regulations made thereunder;

(t)

to collaborate with other local or foreign bodies,

Government departments, international organisations, and

other entities which exercise regulatory, supervisory or

licensing powers under any law in Malta or abroad, or which

are otherwise engaged in overseeing or monitoring areas or

activities in the gaming sector or sectors connected therewith,

and to make arrangements for the mutual exchange of

information and for other forms of assistance or collaboration

in regulatory and supervisory matters;

(u)

to ensure that international obligations entered

into by Malta or by the Authority relative to matters regulated

by or under this Act are complied with;

(v)

to pursue the establishment

of

common

standards in the gaming sector;

(w)

to foster advancements in the educational sector

for matters relating to the gaming sector;

(x)

to do such other things as are necessary,

ancillary or conducive to the attainment of its objectives and,

or the performance of its functions under this Act.

(2) In addition to and without prejudice to the above, the

Authority shall have the power

(a)

to issue and, or publish authorisations and

binding instruments, howsoever named, whether addressed to

the general public or to categories of persons or to a specific

person or persons, as provided for by or under this Act

Provided that where a binding instrument is

issued and addressed to the general public, or to one or more

categories of persons, the Authority shall issue such binding

instrument in consultation with the Minister;

(b)

to issue and, or publish reports, guidelines,

policies and, or consultation papers as may be required,

appropriate and, or opportune for the carrying into effect of the

provisions of this Act and of any other regulatory instrument;

(c)

to create or participate in the creation and

operations of entities whose function shall be necessary,

ancillary or conducive to the attainment of the functions and,

or objectives of the Authority under this Act or regulations

made thereunder;

(d)

to request any kind of information from its

authorised persons, applicants or any other person, as it may in

its discretion consider necessary for the performance of its

functions or the fulfilment of the objectives under this Act or

any other law;

(e)

to establish, impose and collect fees,

contributions, administrative fines and other dues which it is

empowered to impose and, or collect in terms of this Act or

any other law;

(f)

to collect gaming devices levy, gaming tax and

other money which it is empowered to collect in terms of this

Act or any other law; and

(g)

to give such directions and impose such

sanctions as it may consider necessary in connection with a

breach of this Act or any other regulatory instrument or

binding instrument

Provided that any direction and, or sanction

imposed in accordance with this paragraph, and any

amendment or revocation thereof shall be in writing and shall

state the reasons on which it is based, and shall be notified to

the person concerned.

(3) The Authority shall, where it considers appropriate,

consult and, or exchange information with all competent authorities

responsible for any such other areas as may impact on the matters

regulated by or under this Act.

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

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

may be assigned to it by or under any other law, including all such

powers as are necessary for or incidental to the performance of its

functions by or under this Act or any other law or regulatory

instrument.

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

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

impartial, transparent and timely manner and to ensure compliance

therewith.

(6) The Authority may, instead of using its officers or

employees to carry out any action sanctioned by or under this Act,

authorise a third party to carry out such action, and in such cases the

contractor of the Authority shall have such powers and obligations as

an officer or employee of the Authority carrying out those actions

Provided that decision-making functions

and

responsibility thereof shall lie solely with the Authority.

(1)

Without prejudice to the provisions of the

Professional Secrecy Act, any confidential information disclosed to

the Authority or any member, officer or employee thereof, shall be

secret and, when attributable to an identified or identifiable person,

shall not be disclosed or produced other than with the consent of the

person who has submitted that information

Provided that the above is without prejudice to the

provisions of article 25(4) of this Act

Provided further that notwithstanding the above, the

Authority may disclose such information to the Police for the

purposes of any investigation or prosecution of a criminal offence or

when requested to do so by a court of law in any criminal

proceedings. The Authority may also disclose such information in

any civil proceedings involving the Authority.

(2) The Authority shall be empowered to share any relevant

personal data in its possession with local and, or foreign regulators

entrusted with the governance and regulation of a particular sector,

when such transfer of data is (i) considered by the Authority as a

necessary measure in the public interest, and (ii) necessary for the

process of detecting, preventing and investigating activities

constituting a criminal offence in Malta, or in accordance with

Maltese law, and the law of the country of the relevant foreign

regulator

Provided that the public interest requirement shall be

deemed ipso jure satisfied where the transfer of data is required in

relation to the process of detecting, preventing and investigating

activities relating to any of the following offences

(a)

money laundering;

(b)

terrorist financing;

(c)

fraud, identity theft and misappropriation of

funds;

(d)

computer misuse; and

(e)

manipulation of sports competitions

Provided further that for the purposes of detecting,

preventing and investigating the manipulation of sports competitions,

the Authority may also share information, including any relevant

personal data, with sport governing bodies and other platforms whose

function includes the detection of suspicious betting activities and, or

are responsible to take action to prevent such manipulation of

sports competitions from taking place, and with whom the Authority

has signed an agreement establishing the necessary safeguards to

protect any personal data being shared

Provided further that all processing operations shall be in

accordance with the applicable data protection legislation.

(1)

The legal and juridical representation of the

Authority shall vest in the Chief Executive

Provided that the Chief Executive may appoint any one

or more of the Authority’s members, officers or employees to appear,

sign or otherwise act in the name and on behalf of the Authority in

any judicial 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 member of the Executive

Committee, the legal representation of the Authority shall also vest in

such Executive Committee member acting alone, or in such member,

officer or employee of the Authority, as the Executive Committee

member may appoint or authorise for the purpose.

(2) Any document purporting to be an instrument made or

issued by the Authority and signed by the Chief Executive, or by a

member of the Executive Committee 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.

(1)

There shall be an Audit Committee, composed of

such members and with such functions as the Board may determine.

(2) Without prejudice to the generality of the provisions of

sub-article (1), the Audit Committee shall perform an internal audit

function, providing oversight of all processes, internal controls, and

checks and balances within the Authority, ensuring good corporate

governance, as well as the compliance of the Authority with its

functions, objectives and obligations at law.

(1)

The Minister may, in relation to matters that

appear to him to affect public interest, from time to time give to the

Authority directions in writing of a general character, consistent with

the provisions of this Act, and the Authority shall, as soon as is

practicable, give effect to all such directions

Provided that the Authority shall act independently and

shall not seek or take instructions from any other body on matters

related to the general regulation of the gaming sector

Provided further that in matters that appear to the

Authority to affect public interest, the Authority may advise the

Minister and make proposals on the measures it deems necessary and,

or desirable to address such matters.

(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 reasonably

require.

(3) (a)

It shall be lawful for the Minister to grant

concessions to persons to open and operate casinos in gaming

premises, for such consideration and under such terms and conditions

as the Minister deems fit.

(b)

It shall be lawful for the Minister to grant

concessions to one or more persons to operate the National Lottery

games and such other games as the Minister may, in such concession,

determine, for such consideration and under such terms and

conditions as the Minister deems fit.

(c)

The grant of a concession in terms of paragraphs

(a) or (b) shall be without prejudice to the requirement of such

concessionaire to obtain any licences required in terms of this Act,

any other regulatory instrument, or any other applicable law.

(1)

The Minister may, acting on the advice of the

Authority, make regulations to give effect to the provisions of this

Act, or to prescribe anything that is to be or which may be prescribed

in terms of this Act or any other regulatory instrument and provide

for any matter consequential, incidental to or connected therewith.

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

Minister may, by such regulations

(a)

establish the categories of authorisations under

this Act and the overall requirements and conditions for

authorisations, their grant, amendment, renewal, suspension,

revocation and termination and other similar actions;

(b)

regulate games, specified categories of games or

specified games, and all matters related thereto including the

exemption of certain games or categories of games from any or

all requirements of authorisation;

(c)

regulate persons involved in activities regulated

by or under this Act, and all matters related thereto including

the exemption of certain persons or categories of persons from

any or all requirements of authorisation;

(d)

amend, revoke, add to or substitute the

Schedules to this Act

Provided that the Minister may authorise the Authority

to devise all necessary details of such requirements and conditions

referred to in paragraphs (a), (b) and (c) by way of binding

instruments to be issued by the Authority.

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

Minister may, acting on the advice of the Authority, make regulations

providing for the taxation of the persons and entities regulated by the

Authority and any other matter related thereto.

PART IV - Authorisations

Where this Act or any other regulatory instrument

prescribe that an activity, of whatsoever nature, requires an

authorisation in order to be performed, it shall be an offence against

this Act to perform such activity, or to promote, aid, abet or otherwise

facilitate such activity unless it is duly authorised.

PART V - Protection of Minors and Vulnerable Persons

Subject only to exceptions specified under this Act, no

person shall offer, permit, entice, cause, invite or induce a minor to

participate in a game which must, in terms of this Act or any other

regulatory instrument, solely be offered to persons who are not

minors, whether by means of allowing entrance into gaming

premises, selling a gaming ticket, employment or engagement in the

provision of a gaming service, advertising or promotion of a gaming

service or by any other means whatsoever

Provided that a person shall not be deemed to be in

contravention of this article due to advertising or promotion of a

gaming service if such advertising or promotion is carried out in

accordance with applicable regulatory instruments

Provided further that casinos in gaming premises

operating in virtue of a concession granted by the Minister in terms of

article 11 shall not allow a citizen of Malta under the age of twenty-

five years to make use of the casino’s gaming service during its hours

of operation.

It shall be an offence against this Act for a provider of a

gaming service or an agent thereof to provide credit to players for

participation in games.

(1)

There shall be a fund to be known as the "Social

Causes Fund", which shall be composed of monies collected in such

manner as may be prescribed by the Minister in regulations, which

shall be used for the fulfilment of responsible gaming endeavours and

other good causes.

(2) There shall be a Social Causes Fund Committee,

composed of such members and with such functions as the Minister

responsible for Finance may determine, to administer the Social

Causes Fund.

(3) The funds from time to time standing to the credit of the

Social Causes Fund shall be paid out by the Committee to such

persons, organisations, bodies or other entities pursuing deserving

causes in the public interest, in such manner as may be determined by

the Minister, in consultation with the Minister responsible for Finance,

in regulations made under this Act.

The Minister shall, by regulations, establish the overall

parameters, criteria and conditions for protecting vulnerable persons

in order to minimise potential risk to their health associated with

participation in games; provided that the Minister may authorise the

Authority to devise all reasonable parameters, criteria, conditions and

standards by way of directives or other binding instruments to be

issued by the Authority.

PART VI - Rights and Obligations of Players

(1)

Without prejudice to the functions established in

article 7, the Authority shall also have the function of receiving

complaints from players arising out of or in connection with any

gaming service, without prejudice to any other function which may

be assigned to it by the Board from time to time.

(2) The Authority may carry out this function by means of

an internal unit or otherwise.

(3) In carrying out this function, the Authority shall, to the

extent possible, assist and cooperate with bodies responsible for out-

of-court settlement of consumer disputes in Malta and in other EEA

States in the resolution of local and cross-border consumer disputes

concerning gaming services provided by an authorised person.

An operator, and any third party holding player funds for

or on behalf of such operator, shall be responsible for safeguarding

the player funds in accordance with the Player Protection

Regulations, 2018 and any other applicable law.

Where a group of players are owed player funds by an

operator, articles 2, and 4 to 23 of the Collective Proceedings Act

shall apply mutatis mutandis and such players may institute

collective proceedings to recover such player funds.

(1)

Authorised persons, in particular authorised

persons providing a gaming service, shall ensure that their operation

is carried out with due regard to responsible gaming measures as

envisaged in the Player Protection Regulations, 2018 and any other

regulatory instrument and any other applicable law.

(2) The Authority shall, in ensuring that authorised persons

act as required in terms of sub-article (1), liaise and collaborate with

other competent authorities, including but not limited to the Malta

Competition and Consumer Affairs Authority.

(1)

Players shall behave in a fair and honest manner

in making use of a gaming service and shall not mislead or deceive

operators.

(2) The Authority shall, from time to time, issue a manifesto

detailing the rights and obligations of players making use of a gaming

service provided by an operator.

PART VII - Enforcement and Sanctions

(1)

Any person guilty of a breach stipulated in the

Third Schedule shall, on conviction, be liable to a fine (multa) of not

less than ten thousand euro (€10,000) and not more than five hundred

thousand euro (€500,000) 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 twenty thousand euro

(€20,000) and not more than one million euro (€1,000,000), 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, or any other officer exercising

executive functions in 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.

(2) The fine referred to in sub-article (1) shall be considered

as a civil debt owed and payable to the Authority in respect of which

there is an executive title.

(3) The provisions of the Probation Act and of article 21 and

articles 28A to 28I of the Criminal Code shall not apply with respect

to offences referred to in sub-article (1).

(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 criminal proceedings under this Act or any other

regulatory instrument shall be taken except at the instance or with the

sanction of the Authority, and proceedings that have been so taken

may, at any time before final judgment, be withdrawn at the request

of the Authority.

(3) Notwithstanding the provisions of the Criminal Code,

the Attorney General shall have a right of appeal to the Court of

Criminal Appeal from any judgment given by the Court of

Magistrates in respect of criminal proceedings under this Act or any

other regulatory instrument.

(4) In any criminal proceedings under this Act or

regulations made thereunder, any officer of the Authority may,

notwithstanding the provisions of any other law, produce the

evidence, plead and otherwise conduct the prosecution jointly with

the Police.

(5) Should the evidence of the officer designated by the

Authority as aforesaid be required as part of the case for the

prosecution, he shall be heard before assuming the duties of a

prosecuting officer unless the necessity of his giving evidence arises

at a later stage

Provided that said officer may state the facts constituting

the offence before giving evidence.

(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,

criminal proceedings for an offence against this Act or any other

regulatory instrument shall be barred by prescription by the lapse of

six years.

(1)

Notwithstanding any other provision of this Act,

and without prejudice to any other proceedings to which the person in

breach may be liable to under any other law, in the case of any breach

mentioned in the Third Schedule, the Authority may, with the

concurrence of the person committing the breach and subject to the

rectification of the breach, impose a penalty not exceeding five

hundred thousand euro (€500,000) for each infringement or failure to

comply and, or a sum not exceeding five thousand euro (€5,000) for

each day of infringement or non-compliance, and, or any other

administrative sanctions as an alternative to criminal court

proceedings. Upon conclusion of such agreement, the offender’s

criminal liability under this Act with regard to the offence or offences

in relation to which the agreement has been entered, shall be

extinguished

Provided that the agreement shall not be concluded and

the criminal liability of the offender shall not be extinguished unless

the agreement is accompanied by the payment of the sum due or the

provision of sufficient security for its payment, in the case of a fine,

or in the case of another form of sanction by adherence thereto or

sufficient security of adherence

Provided further for the sake of clarity that the

agreement, and payment of any fine due in virtue thereof, shall not

exonerate the person in breach from rectifying such breach and

becoming duly compliant with this Act and other applicable

regulatory instruments

Provided further that any forfeiture contemplated in this

Act or the relevant regulatory instrument as a consequence of the

offence to which the agreement relates shall, notwithstanding such

agreement, still take effect.

(2) The provisions of sub-article (1) 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.

(3) In the case of a breach of any regulatory instrument

which is not mentioned in the Third Schedule, the Authority may

impose an administrative penalty not exceeding twenty-five thousand

euro (€25,000) for every breach or non-compliance and, or an

administrative penalty not exceeding five hundred euro (€500) for

each day on which the breach persists.

(4) The Authority may, by means of a public statement,

disclose the name of the person sanctioned, the particular breach of a

regulatory instrument committed, and the penalty or administrative

measure imposed, where it deems that lack of disclosure would be

detrimental to the interests of players or cause disproportionate

damage to the parties involved.

(5) Any imposition of a fine or administrative sanction shall

be without prejudice to the right of the Authority to recover any and

all fees, contributions, levies, taxes and other dues which are imposed

by or under this Act that remain unpaid after their due date. Such fees

and taxes shall be due to the Authority as a civil debt and shall upon

the service by judicial act of a copy of a notice for payment on the

person indicated in the notice, constitute an executive title for all

effects and purposes of Title VII of Part I of Book Second of the

Code of Organization and Civil Procedure.

(1)

In the case of any infringement of any provision

of this Act or any other regulatory instrument, any moneys or effects

representing the gaming activity, as well as any instruments or other

means used in gaming and which may have been found and seized by

the Police and, or the Authority on the occasion of any search

effected on any person suspected of having committed such

infringement or which may have been found in any place suspected

of being used for such purpose, may, until the contrary is proved, be

taken as sufficient evidence that such moneys, effects or place were

actually used for gaming and that the persons found therein and

located within direct proximity of the moneys or effects used for

gaming at the time of the search were taking part in such gaming,

even though no such bets or wagers were actually going on in the

presence of the Police officers and, or officers of the Authority.

(2) Where any Police officer or any officer of the Authority

lawfully authorised to enter any premises suspected to be used in

contravention of any regulatory instrument is wilfully prevented from

or obstructed or delayed in entering the same or any part thereof, or

where any door or any contrivance whatsoever is found in such

premises for preventing, delaying or obstructing the entry into the

same, or for giving an alarm or warning in case of such entry, or if

any such premises or part thereof is found fitted or provided with any

means or contrivance for unlawful betting or wagering or for

concealing, removing or destroying any instruments used for such

unlawful purposes, it shall be evidence, until the contrary is made to

appear, that such premises are used for bets or wagers and that the

persons found therein were taking part in activities in contravention

of the relevant regulatory instrument.

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

Act or any other regulatory instrument, any person who in any way

whatsoever has taken part in or has been a partner of any person in

any bet or wager, and whose evidence is required in support of such

charge as aforesaid, shall be compellable to answer any question

respecting that charge, notwithstanding that the answer thereto will

expose him to criminal prosecution; but in any such event, any person

who shall have given evidence in respect of such charge, and who

shall have made a true and faithful statement touching such charge, to

the best of his knowledge, shall thereupon obtain from the court a

certificate to that effect, and he shall, in consequence, be exempted

from all criminal responsibility in respect of his participation in the

bet or wager forming the subject-matter of the charge upon which he

gave evidence as witness.

In addition to any penalty under any other provision of

this Act or regulations made thereunder, any machine or other device

whatsoever and any moneys relating to or used in the commission of

any offence listed in the Third Schedule, 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 Authority and shall be

appropriated in favour of the Gaming Fund.

Where the fact which constitutes a breach of any

regulatory instrument 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.

(1)

It shall not be lawful for a person -

(a)

to forge, counterfeit or tamper with any device

or any authorisation or other document whatsoever issued

under, used or to be used for the purposes of this Act or any

other regulatory instrument; or

(b)

knowingly to utter any such forged, counterfeit

or tampered with device or authorisation or other document.

(2) It shall not be lawful for a person to use, or have in his

possession, any device, authorisation or other document issued under,

used or to be used for the purposes of this Act or any other regulatory

instrument, which the person knows or ought to know to have been

forged, counterfeited or otherwise tampered with.

(3) Whosoever shall contravene the provisions of sub-

articles (1) or (2) shall be guilty of an offence against this Act.

Furthermore, any device, authorisation or other document and any

gains which that person may have made due to said device,

authorisation or other document referred to in the said sub-articles

shall be forfeited in favour of the Authority and appropriated in

favour of the Gaming Fund.

(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 any

other regulatory instrument or in breach of any conditions attached to

an authorisation issued by the Authority, or the storage of a device

involved in the contravention of this Act or any other regulatory

instrument, or who wilfully prevents any Police officer or an officer

of the Authority from lawfully entering into such premises, or

obstructs or delays such officer from entering by any other means or

contrivance whatsoever, or a person who gives any alarm or warning

to such person, shall be guilty of an offence against the Act.

(2) Where any Police officer or officer of the Authority is

wilfully prevented or obstructed or delayed as aforementioned, it

shall be evidence, until the contrary is made to appear, that such

premises are 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 provision of this

Act or any other regulatory instrument, the money and effects

representing the stakes as well as any other money and devices used

in the playing of the unlawful game found in any place referred to

under sub-article (1) shall be seized and forfeited in favour of the

Authority and shall be appropriated in favour of the Gaming Fund.

Notwithstanding any other provision of this Act or of

any other law, the Authority may, whether through its members,

officers, inspectors or other employees or through third parties

engaged for such purpose, conduct an analysis and investigation of

the conduct of operations by an authorised person, with or without

prior notice, and with or without informing the relevant authorised

person that the person carrying out such analysis and, or investigation

is acting on behalf of the Authority.

(1)

Without prejudice to any power exercisable by

virtue of the provisions of this Act or any other regulatory instrument

or any other law, the Authority may at any time serve on an

authorised person 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, video, audio, 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 authorised person for the

purpose of carrying out any of its functions.

(2) If without reasonable excuse any requirement imposed

by a notice served by virtue of sub-article (1) is not complied with,

the authorised person shall be guilty of an offence under this Act.

Whosoever, in order to gain any advantage or benefit for

himself or others, shall, in any document intended for the Authority,

knowingly make a false, misleading or otherwise incomplete

declaration or statement, or otherwise knowingly give false,

misleading or otherwise incomplete information to the Authority,

shall be guilty of an offence against this Act.

PART VIII - Financial Provisions

(1)

Without prejudice to the following provisions of

this article, the Authority shall so conduct its affairs that the

expenditure required for the proper performance of its functions

shall, as far as practicable, be met out of its revenue.

(2) The revenue of the Authority shall consist of

(a)

income derived in respect of authorisations and

other fees, rates or charges, including tax, contribution, levy

and other payments payable under this Act or any other law in

respect of which the Authority exercises supervisory,

regulatory or similar functions;

(b)

rents, interests and profits accruing from

property, deposits and other assets of the Authority; and

(c)

any other money receivable or received by the

Authority.

(3) Notwithstanding the provisions of any other law, the

claim of the Authority of any amount due by way of any such fees,

rates, charges, taxes, duties and other payments including

administrative penalties shall constitute a privileged claim, ranking

immediately after the wages of employees due in terms of article 20

of the Employment and Industrial Relations Act and claims by the

Director of Social Security in terms of article 116 of the Social

Security Act, and equally with claims by the Commissioner for

Revenue in terms of article 23(11) of the Income Tax Management

Act, and shall be paid after such wages and social security claims and

together with such income tax claims in preference to all other claims

whether privileged or hypothecary.

(4) 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.

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

meet expenditure may be invested in accordance with the provisions

of this Act.

(6) The Authority may establish an "Ordinary Reserves

Fund" to which may be appropriated surplus funds to be used for the

purposes of the Authority.

(7) The surplus funds of the Authority mentioned in sub-

article (6) for each financial year of the Authority shall be determined

after the Authority meets all current expenditure for that year and

after making such provisions, including provisions for contingencies,

as it deems fit.

(8) After the allocations referred to in sub-articles (6) and

(7) have been made, the remainder of the surplus funds shall be paid

to the Government.

(1)

The Authority may

(a)

hold accounts with any bank;

(b)

obtain loans, overdrafts or any other form of

credit as may be necessary;

(c)

invest any of its liquid assets in short and

medium term first class securities as approved by the Board;

(d)

acquire, purchase, lease or dispose of any

movable or immovable property required for the conduct of its

business or for any purposes ancillary or incidental to the

performance of its functions under this Act.

(2) For the purposes of carrying out its functions under this

Act, the Authority may borrow or raise such sums as it may require

Provided that for any amount in excess of five hundred

thousand euro (€500,000) there shall be required the approval of the

Minister in writing.

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 authorizing the Accountant General to

make such advance.

The Authority shall be exempt from any liability for the

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

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

(1)

The Authority shall cause to be prepared in

every financial year of the Authority, and shall not later than six

weeks after the end of each such year prepare for adoption by the

Board of Governors, within six weeks of presentation with or without

amendments, estimates of the income and expenditure of the

Authority for that financial year.

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

endeavour to ensure that the total revenues of the Authority are at

least sufficient to meet all sums properly chargeable to its income and

expenditure 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 comparisons with previous years

as the Board may direct.

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

respect of any financial year of the Authority it is found that the

amount approved by the Board of Governors is not sufficient or a

need has arisen for expenditure for a purpose not provided for in the

estimates, the Executive Committee may adopt supplementary

estimates for approval by the Board, and in any such case the

provisions of this Act applicable to the estimates shall as near as

practicable apply to supplementary estimates.

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

later than six weeks after he has received a copy of the estimates from

the Authority, approve the same with or without amendment.

(1)

The Authority shall cause to be kept proper

books of 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 of the Authority.

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

auditors appointed by the Board from among persons who are

qualified to be appointed as auditors of a company

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.

The Authority shall, as soon as may be but not later than

five months after the close of each financial year of the Authority,

transmit to the House through the Minister, a copy of its annual

accounts duly audited together with a report on its activities during

the previous year.

(1)

The Authority shall create and maintain a fund,

to be styled as the "Gaming Fund", to which there shall be credited

and paid by the Authority, upon receipt thereof

(a)

such percentage of the gross sums, fees, duties

and, or taxes paid by authorised persons to the Authority as

may be prescribed by regulations made by the Minister under

this Act;

(b)

such sums as may be paid in terms of any law or

private contract or any other legal instrument or document

whatsoever, be it domestic, foreign or international, to the

Responsible Gaming Fund; and

(c)

any other amounts which the Authority is

required to credit and pay into the Gaming Fund by or under

this Act or any other law.

(2)

All funds standing to the credit of the Gaming Fund

may, after deducting the amount to be appropriated in favour of the

Social Causes Fund and, or the Responsible Gaming Fund, be used

for such lawful purposes as the Authority may, in its discretion, deem

necessary or desirable in furtherance of its functions or the main

objectives of this Act.

PART IX - Administrative Review

(1)

The Administrative Review Tribunal established

by article 5 of the Administrative Justice Act, hereinafter referred to

as the "Tribunal", shall be competent to hear and determine appeals in

accordance with this Act.

(2) The Tribunal shall carry out such functions as are

assigned to it in terms of this Act.

(3) The provisions of the Administrative Justice Act, in so

far as they apply to the Administrative Review Tribunal, shall apply

to any proceedings before the said Tribunal in terms of this Act,

except to the extent that such provisions conflict with the provisions

of this Act, in which case the provisions of this Act shall prevail, and

the words "public administration" in the said enactment shall be

construed as a reference to the Authority.

(4) The Tribunal shall have the power to summon any

person to give evidence or to produce books or other documents

before it

Provided that

(a)

the clerk, agent, employee or other person

confidentially employed in the affairs of the appellant and the

parent, spouse or children of the appellant shall not be called

to give evidence or to be examined except on the request of the

appellant;

(b)

except at the request of the appellant, no person

shall be examined in relation to any information concerning

the appellant in respect of which the said person is under the

duty of professional secrecy. This exception does not apply to

members or employees or former members or employees of

the Authority which the Authority requests to give evidence in

order to make its case.

(5) (a)

The Tribunal shall ensure that the members

thereof that are selected to adjudicate an appeal in accordance with

this Act shall be free from any conflict of interest.

(b)

Any Tribunal member shall abstain in cases of

conflict of interest, and in the absence of such abstention may be

challenged by either party to the appeal

Provided that for the purposes of this sub-article a

Tribunal member shall be deemed to have a conflict of interest

(i)

on the grounds on which a judge or

magistrate may be challenged or abstain in terms of the

Code of Organization and Civil Procedure;

(ii) if he has previously expressed his

professional opinion in relation to the subject matter of

the appeal or an issue which is an important

consideration with respect to the subject matter of the

appeal; or

(iii) if he provides ongoing professional

services to a direct competitor of one of the parties to the

appeal in such a manner as to undermine his impartiality,

or to give the reasonable appearance of a lack of

impartiality.

(6) The Tribunal members shall not be personally liable for

any act or default of the Tribunal done or omitted to be done in good

faith in the course of the operations of the Tribunal.

(1)

Any person who feels aggrieved by a decision of

the Authority may enter, within twenty days after the date of service

upon him of notice of the Authority’s decision, an appeal to the

Administrative Review Tribunal

Provided that where the decision appealed from related

to the exercise of discretion by the Authority, the Tribunal shall not

query the Authority’s decision so long as such discretion has been

exercised properly

Provided further that no appeal shall lie from

(a)

any decision of the Authority imposing a fine

not exceeding two thousand euro (€2,000) or from any

reprimand or warning; and, or

(b)

a decision of the Authority to refuse to grant, or

to suspend or cancel a licence or other authorisation on

grounds of national interest or for the safeguarding of the

reputation of Malta.

(2) An appeal made under this article shall not suspend the

operation of any decision from which the appeal is made

Provided that a decision to cancel a licence or to impose

an administrative penalty in terms of this Act or any other regulatory

instrument shall not become operative until the expiration of the

period within which an appeal lies under this article and, if an appeal

is made within such period, the decision shall become operative on

GAMING

the date of the decision of the Tribunal dismissing the appeal or the

date on which the appeal is abandoned

Provided further that when a decision to cancel a licence

or other authorisation is appealed, pending the determination of the

appeal the relevant licence or authorisation shall be deemed

suspended.

(3) Every person appealing shall appear before the Tribunal

either in person or by agent on the day and at the time fixed for the

hearing of the appeal

Provided that if it be proved to the satisfaction of the

Tribunal that owing to absence from Malta, sickness or other

reasonable cause, any person is prevented from attending at the

hearing of his appeal on the day and at the time fixed for that

purpose, the Tribunal may postpone the hearing of such appeal for

such reasonable time as it thinks necessary for the attendance of the

appellant.

(4) The onus of proving that the decision of the Authority is

unjust shall rest on the appellant.

(5) Subject to the provisions of sub-article (2), the Tribunal

shall have the power to confirm or annul the decision or make such

order thereon as it shall deem fit.

The following provisions shall have effect for the

purposes of an appeal made under article 43

(a)

the Tribunal shall summarily reject any appeal

before it unless prima facie proof is brought to the effect that,

by the time when the appeal was filed, the appellant had filed

all documentation and information in support of his argument

with the Authority in connection with the decision forming the

subject of the appeal

Provided that new evidence may be brought on

appeal if the party producing the evidence proves that it had no

knowledge of such evidence before the appeal or could not,

with the means provided by law, have produced such evidence;

(b)

the Tribunal shall summarily reject any appeal

that is deemed by the Tribunal to be frivolous and, or

vexatious. In any such case all costs shall be borne by the

appellant, and the Tribunal may also impose on the appellant a

nominal fine not exceeding one thousand euro (€1,000), which

shall be recoverable by the Authority as a civil debt owed and

due to the Authority on which there is an executive title.

(1)

Any person who, having appealed to the

Tribunal, feels aggrieved by its decision may, by application filed

within twenty days of the Tribunal’s decision, appeal to the Court of

Appeal (Inferior Jurisdiction), on a point of law only.

(2) The Authority may, if it is aggrieved by the decision of

the Tribunal, by application filed within twenty days of the Tribunal’s

decision, appeal to the Court of Appeal (Inferior Jurisdiction), on a

point of law only.

(3) Unless any regulatory instrument provides a longer

period, the parties shall be given no less than five working days’

notice of the date fixed for the hearing of the appeal.

(4) The Court may confirm or annul the Tribunal's decision

or make such orders thereon as it may deem fit.

(5) The cost of the appeal shall be at the discretion of the

Court, and shall be a sum fixed by the registrar

Provided that if the Court determines that an appeal is

frivolous or vexatious, costs shall be borne by the appellant.

(6) The Minister may, after consulting the Minister

responsible for justice, by regulations establish the fees payable in

the registry of the courts in relation to the filing of judicial acts in

connection with an appeal to the Court of Appeal (Inferior

Jurisdiction) under this article

Provided that until such fees have been so established by

the Minister, the fees contained in Schedule A to the Code of

Organization and Civil Procedure shall apply.

PART X - Administration

(1)

Without prejudice to the powers conferred to the

Authority by or under this Act, the Authority may, in exceptional

circumstances where it is reasonably satisfied that this would be

preferable to any other action, proceed to take any one or more of the

following measures

(a)

nominate an administrator to take charge of the

assets of the authorised person, or any portion of them, for the

purposes of safeguarding player funds, the interests of players,

and the interests of the employees of the authorised person;

(b)

nominate an administrator to assume control of

the business of the authorised person, either to carry on that

business or to carry out such other function or functions in

respect of such business, or part thereof, as the Authority may

direct,

and by application seek the appointment of such administrator by the

Civil Court (Voluntary Jurisdiction Section), with such remuneration

GAMING

as the Court may deem fit

Provided that, where the assets of the authorised person

are insufficient to satisfy its liabilities, the remuneration due to the

administrator and any lawful expenses and disbursements incurred by

the administrator in the performance of his functions shall be paid in

the same order of priority as expenses and other disbursements

incurred by a liquidator, and the remuneration due thereto, in an

insolvent winding up in accordance with article 258 of the

Companies Act.

(2)

Where an administrator is so appointed -

(a)

under sub-article (1)(a), it shall be the duty of

the authorised person to deliver to such appointed

administrator all the assets, whether movable or immovable, of

which he is placed in charge, and all the powers, functions and

duties of the authorised person in respect of those assets,

including those exercisable by the authorised person in a

general meeting, or by the directors, or by any other person,

including the legal and judicial representation of the

authorised person, shall be exercisable by and vest in the

administrator appointed under the said sub-article to the

exclusion of any other person;

(b)

under sub-article (1)(b), the authorised person

shall submit its business to the control of such appointed

administrator and shall provide such person with such

facilities as may be required to carry on that business or to

carry out the functions assigned to such person under the said

paragraph; and all the powers, functions and duties of the

authorised person, including the legal and judicial

representation of the authorised person, shall be exercisable by

and vest in the administrator appointed under the said sub-

article to the exclusion of any other person.

(3) The Authority may, where it feels it is in the best interest

of the players or the general public so to do, make or issue public

statements or notices giving warnings or information about any

measure taken in terms of this article.

(4) The Authority may require the authorised person

concerned to pay all the expenses of, and incidental to, the

publication or issue of public statements or notices pursuant to this

article, or such part thereof as it may deem appropriate; and any sum

so due shall be recoverable by the Authority as a civil debt.

(5)

The administrator holds office -

(a)

for the duration established by the Court; or

(b)

in the absence of an established period of

duration, until such time as the Court, or the Authority, deems

necessary,

unless before such time he resigns by means of a note filed before the

Court and notified to the Authority.

(6) The Authority may, by means of a binding instrument,

specify in further detail the responsibilities of an administrator

appointed in accordance with this Part, the procedures to be followed

in connection with such appointment, and other ancillary matters.

PART XI - Miscellaneous

Unless otherwise stated in this Act or in any other

regulatory instrument, in case of any conflict between this Act or any

other regulatory instrument and any provision relating to gaming in

any other law, this Act or such regulatory instrument, as the case may

be, shall prevail.

(1)

Without prejudice to the other provisions of this

Act, the appointment of officers and other employees of the

Authority, and the establishment of terms and conditions thereof,

shall be made by the same Authority.

(2) The Authority shall appoint and employ, at such

remuneration and upon such terms and conditions as it may in

accordance with this article 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. Without

prejudice to the other provisions of this article and this Act, the

appointment and employment of officers and employees shall be

regulated by the provisions of the Second Schedule.

(3) No member, employee or other officer of the Authority

may participate in gaming offered by an operator regulated by the

Authority.

(4) For the purposes of the Criminal Code and of any

provision of penal nature in any other law, the members of the

Authority and every officer or employee thereof shall be deemed to

be public officers.

The Authority and the officers and employees of the

Authority shall not be liable in damages for anything done or omitted

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

under this Act or any other law administered by the Authority, or

otherwise in the exercise of their official duties, unless the act or

omission is shown to have been done or omitted to be done, as the

case may be, in bad faith.

GAMING

The Authority may engage such consultants or advisers

as it may consider necessary to assist it in the fulfilment of its

functions.

No person shall, without the prior written consent of the

Authority, make or cause to be made any representation in any visual,

aural or other form, either specifically or by implication, to the effect

that any activity carried out by such person has the approval or is

conducted with the cooperation or assistance of the Authority, or that

such person is otherwise collaborating with or assisting the Authority.

Where a notice howsoever described is required to be

given by the Authority to any person whether under this Act or under

any other law administered by the Authority, the notice shall be

addressed to that person and shall be given to the person in any of the

following ways

(a)

by delivering it to the person on whom it is to be

served or to whom it is to be given;

(b)

by leaving it at the usual or last place of abode of

the person, if such person has furnished such an address or, if

such person has furnished an address for service, at such

address;

(c)

by sending it by registered mail addressed to that

person at the place or abode or address for service as aforesaid;

(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;

(e)

in any case where the Authority considers that

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

electronic means, such as by electronic mail to the person

Provided that the means used must be such as to

enable the production of proof of delivery; or

(f)

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.

Regulations which may be made by the Minister upon

the advice of the Authority or after consultation therewith under any

Act in respect of which the Authority has been appointed as the

competent authority, and any directives or other binding instruments

which may be issued by the Authority in accordance with the

provisions of this Act or any other regulatory instrument, may be

published in the English language only.

Articles 1713 and 1716 of the Civil Code shall not apply

with respect to a game lawfully provided in terms of this Act or any

other regulatory instrument and, or any game which is provided by an

operator lawfully authorised by or under this Act.

Notwithstanding any other law, including the Data

Protection Act, the Authority may, for the purpose of carrying out its

functions under this Act or any other regulatory instrument, retain

any information, including personal information, for such period of

time as it may in its discretion deem necessary, or indefinitely as the

case may be.

Any claim of whatsoever nature brought against the

Authority shall be filed within two years from when the interested

person knew or could have become aware of the act which gave rise

to the claim, whichever is earlier

Provided that for the sake of clarity such period shall be a

peremptory period and shall not be subject to suspension,

interruption, or any other extension of such period.

Notwithstanding any provision of the Code of Organization

and Civil Procedure or of any other law, as a principle of public policy

(a)

no action shall lie against a licence holder and, or

current and, or former officers and, or key persons

of a licence holder for matters relating to the

provision of a gaming service, or against a player

for the receipt of such gaming service, if such

action

(i)

conflicts with or undermines the legality of

the provision of gaming services in or from

Malta by virtue of a licence issued by the

Authority, or the legality of any legal or

natural obligation resulting from the

provision of such gaming services; and

(ii)

relates to an authorised activity which is

lawful in terms of the Act and other

applicable regulatory instruments; and

(b)

The Court shall refuse recognition and, or

enforcement in Malta of any foreign judgment and,

or decision given upon an action of the type

mentioned in sub-article (a).

(1)

Saving the provisions of sub-articles (4), (5), (6)

and (7), the Lotteries and Other Games Act, the Gaming Act, the

Public Lotto Ordinance and the Director of Public Lotto (Powers and

Functions) Act, hereinafter collectively referred to as "the repealed

legislation", are hereby repealed, without prejudice to anything done

or omitted to be done thereunder.

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

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

international, to the repealed legislation shall be read and construed

as a reference to the Malta Gaming Authority established by this Act.

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

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

international, to the repealed legislation and, or any subsidiary

legislation made or binding instrument issued thereunder shall, until

their repeal, be read and construed as a reference to this Act and any

applicable regulatory instrument.

(4) All provisions of the repealed legislation including

subsidiary legislation made thereunder shall remain in force until 31

December 2018

Provided that in so far as these provisions apply to

gaming provided by means of distance communication, such

provisions shall only remain in force until 31st July, 2018.

(5) (a)

Until 31 December 2018, where there is any

conflict between this Act and regulatory instruments issued

thereunder, and any of the provisions relating to gaming provided in

gaming premises in the repealed legislation, including subsidiary

legislation made thereunder, the provisions of the repealed legislation

shall prevail.

(b)

For the sake of removing any doubt, after 1st

August 2018, where there is any conflict between this Act and

regulatory instruments issued thereunder, and any of the provisions

relating to gaming by means of distance communications in the

repealed legislation, including subsidiary legislation made

thereunder, the provisions of this Act and the regulatory instruments

issued thereunder shall prevail.

(6) Notwithstanding the provisions of the preceding sub-

articles, the Responsible Gaming Fund Regulations, the

GamingMalta Fund Regulations and the Gaming Licence Fees

Regulations, shall be kept in force and shall continue to have effect as

though made under this Act.

(7)

Notwithstanding the provisions of the preceding sub-

articles and the provisions of this Act, all leases granted to the

Government of Malta and, or the Director of Public Lotto to be sub-

leased as lotto booths, as well as all such sub-leases granted by the

Government of Malta and, or the Director of Public Lotto, as well as

anything done thereunder or by virtue thereof, shall be kept in force

within their terms, and shall continue to have effect as administered

by and in the name of the Government of Malta.

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 accordance with the Second Schedule.

(1)

Subject to the provisions of sub-article (2), the

enactments in the First Column of Part A of the Fourth Schedule shall

have effect subject to the amendments appearing relative thereto in

the Second Column of the said Schedule.

(2) Notwithstanding the provisions of sub-article (1) the

amendment referred to in item 3 of Part A of the Fourth Schedule shall

come into force upon a notice being issued by the Minister to this

effect in the Gazette.

(3) Subject to the provisions of sub-article (4), the

enactments referred to in Part B of the Fourth Schedule, hereinafter

referred to as "the revoked enactments", shall be revoked.

(4) Notwithstanding the provisions of sub-article (3) the

revocation of the Racecourse Betting (Use of Totalisator) Rules

referred to in the sixth point of Part B of the Fourth Schedule shall come

into force upon a notice being issued by the Minister to this effect in

the Gazette.

02;

-

ir-Regolamenti dwar il-Lottu Pubbliku - L.S. 70.03;

-

ir-Regoli dwar l-Użu ta’ Totalizzatur fl-Imħatri fit-

Tiġrijiet - L.S. 78.01;