PREVENTION OF CORRUPTION IN SPORT ACT

CHAPTER 593

PREVENTION OF CORRUPTION IN SPORT ACT

AN ACT to provide for the prevention of corruption in sport.

31st July, 2018

ACT XXXV of 2018.

The short title of this Act is the Prevention of Corruption in

Sport Act.

PART I – SUBSTANTIVE LAW

In this Act, unless the context otherwise requires

"athlete" means any person or group of persons

participating in a sporting event;

"athlete support staff" means any coach, trainer,

manager, agent, team staff, team official, medical or

paramedical personnel working with or treating athletes

participating in or preparing for a sporting event, and all other

persons working with athletes;

"club" has the same meaning assigned to it by the Sports

Act;

"club official" means any person who is the owner of, a

shareholder in, an executive or a staff member of a club;

"gaming operator" means an operator providing a

gaming service as defined in the Gaming Act;

"inside information" means important information of a

precise nature relating, directly or indirectly, to any sporting

event that a person possesses by virtue of his position in

relation to a sport or sporting event, but does not include any

information already published or which is common knowledge,

easily accessible to interested members of the public or

disclosed in accordance with the rules and regulations

governing the relevant sporting event

Provided that

(i)

for the purposes of this definition, information

shall be deemed to be important if it is such that, if it were

public, it would be likely to have a significant effect on the

public’s perception of the more likely outcome and, or progress

of a sporting event;

(ii) for the purposes of this definition, information

shall be deemed to be of a precise nature if it indicates a

PREVENTION OF CORRUPTION IN SPORT

circumstance or set of circumstances which exist or may

reasonably be expected to come into existence, or an event

which has occurred or may reasonably be expected to occur

and/or if it is otherwise specific enough to enable a conclusion

to be drawn as to the possible effect of that circumstance or set

of circumstances or event on the more likely outcome or

progress of a particular sporting event;

"Maltese sporting event" means

(a)

a sporting event organised by a sports

organisation; or

(b)

a sporting event in which a Maltese club or

team is participating;

"manipulation of a sporting event" means an act or

omission by virtue of which any person makes an intentional

arrangement, aiming at or successfully accomplishing

(a)

the deliberate alteration of the outcome of

any sporting event;

(b)

the deliberate alteration of any of the

aspects of a sporting event and the unpredictable nature

of the sporting event, irrespective of whether such

alteration affects the final outcome of the sporting event

and whether such alteration, if any, is achieved as a

direct or indirect consequence of the act or omission;

(c)

the provision of inside information to third

parties in a manner that assists or facilitates the

commission of an offence against this Act;

(d)

the actual acquisition of inside information

with the intent of providing such information to third

parties; or

(e)

the aiding, abetting, encouragement and/or

inducement in any other way, of third parties to commit

any one or more of the aforementioned acts,

which may result in an undue advantage or gain for that person or

for others;

"match official" means any person who is the owner of,

a shareholder in, an executive or a staff member of a national

association or any other entity which organises and, or

promotes sporting events, and includes referees, jury members

and any other persons whose role is to ensure observance of the

rules of the sporting event, or to assess the performance of the

athletes, or to carry out functions which are ancillary or

conducive thereto;

"Minister" means the Minister responsible for sport;

"national association" has the same meaning assigned to

it by the Sports Act;

"person" means any physical person or body corporate;

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

article 124 of the Constitution;

"sports organisations" means all sports organisations

registered as such with SportMalta under the Sports Act.

The offences provided under this Act shall be subject to

Maltese jurisdiction and shall be deemed to be offences even when

committed outside Malta and, without prejudice to the provisions of

article 5 of the Criminal Code, a criminal action in respect of an

offence under this Act may be prosecuted in Malta and according to

the laws of Malta against any person who commits or participates in an

offence provided for in this Act, in the following cases

(a)

when the offence takes place, even if only in part,

in Malta or at sea in any place within the territorial jurisdiction

of Malta; or

(b)

when a person present in Malta knowingly assists

or induces another person to commit the offence; or

(c)

when the offence is connected with a Maltese

sporting event; or

(d)

when the offender is a Maltese citizen or a person

permanently resident in Malta and the fact also constitutes a

criminal offence according to the laws of the State where it took

place

Provided that for the purposes of this paragraph

"permanent resident" shall have the same meaning assigned to

it under article 5(1)(d) of the Criminal Code.

Whosoever engages in the manipulation of a sporting event

as defined in this Act shall be guilty of an offence, and shall, on

conviction, be liable to imprisonment for a period of not more than

three years and to a fine (multa) from five thousand euro (€5,000) to

thirty thousand euro (€30,000) or to both such fine and imprisonment.

(1)

Any person who has knowledge, whether verbally, in

writing, or otherwise, that an offence has been committed against any

of the provisions of article 4, shall communicate such knowledge to

the Commissioner of Police and, if he fails to do so within a period of

fourteen days from the date on which he became aware of such fact, he

PREVENTION OF CORRUPTION IN SPORT

shall be guilty of an offence

Provided that this article shall not apply to the husband or

wife, partner in a civil union or cohabitant, ascendants or descendants,

the brother or sister, the father-in-law or mother-in-law, the son-in-law

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

brother-in-law or sister-in-law of a principal or an accomplice in the

offence so not disclosed.

(2)

The punishment for the offence referred to in sub-article (1)

shall be that of imprisonment for a period of not more than one year or

a fine (multa) of not less than two thousand five hundred euro (€2,500)

and not more than twenty-five thousand euro (€25,000), or both such

fine and imprisonment.

(1)

The offences referred to in the preceding articles are

considered aggravated whenever they are committed

(a)

within the scope of a criminal organisation as

referred to in article 83A of the Criminal Code; or

(b)

with the intent of making use of the outcome

thereof to profit from gaming; or

(c)

by the use of threats, private violence or

harassment according to Sub-Title IX of Title VIII of Part II of

Book First of the Criminal Code; or

(d)

the act is committed by a person who is

(i)

an official or employee of a national

association;

(ii)

a public officer;

(iii)

an employee of a gaming operator;

(iv)

an employee of SportMalta;

(v)

an athlete;

(vi)

an athlete support staff;

(vii)

a match official;

(viii) a club official;

(ix) a former athlete, athlete support staff,

match official, or club official;

(e)

the act provides a gained monetary benefit of

more than ten thousand euro (€10,000).

(2)

Subject to the provisions of this sub-article where the

offences referred to in the preceding articles are accompanied by any

one or more of the aggravating circumstances laid down in sub-article

(1), the punishment for such aggravated offence shall be imprisonment

for a period of not less than one year and not more than five years

Provided that

(i)

if the gained monetary benefit is established and

quantified, the punishment shall also include a fine (multa) of

fifteen thousand euro (€15,000) or of an amount equal to three

times the gained monetary benefit, whichever is the higher;

(ii) if the gained monetary benefit is established as

amounting to more than ten thousand euro (€10,000) but is not

quantified, the punishment shall also include a fine (multa) of

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

hundred and fifty thousand euro (€150,000);

(iii) if a greater punishment is applicable under any

other law, then the greater punishment shall apply

Provided further that where the manipulated

sporting event is an event in which a Maltese national team or

an athlete representing Malta at an international sporting event

is participating the punishment shall be increased by one

degree.

(1)

The provisions of the Probation Act and of article

28A of the Criminal Code shall not apply in respect of an offence

against articles 4 to 6 of this Act.

(2)

Apart from the punishments provided for under articles 4

and 6, a person found guilty of an offence against the said articles shall

be disqualified from participation in and from attending at any

sporting event and from being on the premises of any sports

organization for not less than ten years.

(3)

Any person who does not abide by the disqualification

provided for in sub-article (2) shall be guilty of an offence against this

Act and shall be liable on conviction to a punishment of a maximum of

six months imprisonment and to a fine (multa) of one thousand euro

(€1,000), or to both such fine and imprisonment.

The court shall, in addition to any punishment to which the

person convicted of any of the offences in the preceding articles may

be sentenced and in addition to any penalty to which a body corporate

may become liable under the provisions of article 121D of the

Criminal Code

(a)

order the forfeiture in favour of the Government

of the proceeds of the offence or of such property the value of

PREVENTION OF CORRUPTION IN SPORT

which corresponds to the value of such proceeds whether or not

such proceeds have been received by the person found guilty or

by the body corporate referred to in the said article 121D; and

(b)

order the general perpetual interdiction of the

offender.

(1)

Subject to the provisions of this article, the Attorney

General may, upon the recommendation of the Commissioner of Police

and or, upon the recommendation of the Sports Integrity Unit, if in his

individual judgment he is satisfied of the advisability so to do, issue a

certificate in writing exempting any person mentioned therein from

any criminal proceedings for an offence against this Act or for an

offence connected therewith on condition that such person gives

evidence according to law of all the facts known to him relating to any

offence against this Act or any offence connected therewith before a

court of criminal jurisdiction, and on the issue of such certificate and

the giving of evidence in accordance therewith by the person to whom

it refers, no proceedings before a court of criminal jurisdiction may be

taken against the said person in connection with such offence or any

offence connected therewith.

(2)

The request by the Commissioner of Police shall be made in

writing and shall contain all the pertinent details as may be requested

by the Attorney General, and such a request shall be sent to the

Attorney General in confidence.

(3)

The certificate issued by the Attorney General under the

provisions of this article shall, when the evidence is first to be given

before the court, be exhibited in court by a representative of the

Attorney General.

(4)

The Attorney General may issue a certificate under the

provisions of this article notwithstanding any opposition by the

witness.

(5)

An exemption from criminal proceedings under this article

may not be issued in favour of any person after any such proceedings

have been commenced, once charges have been issued against the

person.

PART II – SPORTS INTEGRITY UNIT

*

(1)

There shall be a body corporate known as the Sports

Integrity Unit.

(2)

The functions of the Sports Integrity Unit shall be

(a)

to collect and analyse information and

intelligence relevant to investigations on suspect manipulation

* This article was orginally numbered as 11.

of sporting events, and exchange this information and

intelligence with entities of a similar nature around the world,

according to what is stipulated by regulations made according

to sub-article (4);

(b)

to act as an information hub and to coordinate the

fight against manipulation in sports;

(c)

to analyse alerts coming from systems which

expose fraud in betting and systems which monitor other types

of betting;

(d)

to be the primary point of contact with the police,

sports organisations and the Lotteries and Gaming Authority in

relation to the fight against the manipulation of sports results;

(e)

to advise the Minister on the development and

implementation of policies and strategies in the fight against the

manipulation of sports results and also in the drawing up of

educational programmes in collaboration with national sports

associations and the Education Department;

(f)

to advise the Minister on the manner in which

laws relating to sports integrity are to be updated from time to

time;

(g)

to assist the police in the prosecution of criminal

cases, and to assist sports organisations in the prosecution of

sports disciplinary cases, related to the manipulation of sports

results;

(h)

when so requested by the Minister, to represent

the Government of Malta in the international or regional

spheres on matters relating to the manipulation of sports results,

as delegated by the Minister.

(3)

The Sports Integrity Unit shall be a legal person and shall

have a distinct juridical personality and shall be able to perform all

actions consequent to such distinct juridical personality.

(4)

The Minister shall have the power to make regulations

which regulate

(a)

the composition of the Board of the Sports

Integrity Unit and its management, including financial matters

and the obligation to submit accounts and reporting obligations

of the Unit; and

(b)

the powers to be granted to the Sports Integrity Unit in

order for it to carry out its functions according to this article.