MT
EQUESTRIMALTA ACT
Table of Provisions (57)
Statutory Text (57 Articles)
CHAPTER 619
EQUESTRIMALTA ACT
AN ACT to provide for the establishment of an Authority to be
known as EquestriMalta, to support the development and
implementation of the guiding principles described in this Act and to
promote consistent principles to defend the integrity and prestige of
such racing and to exercise regulatory functions and perform related
services and to make provision with respect to matters ancillary
thereto or connected therewith.
23rd October, 2020
ACT XLIX of 2020.
(1)
The short title of this Act is the EquestriMalta Act.
(2)
Sub-article (1) of article 56 shall come into force on such
date as the Minister responsible for sports may by order in the Gazette
establish.
(1)
In this Act, unless the context otherwise requires -
"the Act" means the EquestriMalta Act, 2020 and
2020. includes any regulations made, and rules and guidelines issued
thereunder;
"approved meeting" means a meeting at which races are
held with the approval of the Board and does not include trial
races;
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"approved racecourse" means any ground used for the
purpose of a racecourse for racing with horses, and in respect of
Marsa Horse Racing shall also refer to any ground adjacent
thereto, in respect of which ground or adjacent ground, there is
a certificate of approval issued by the Authority and published
in the Gazette;
"approved racing activity" means a registered horse race
as defined in the Act;
"Authority" means EquestriMalta established by article
5 and any references in this Act or any other law to the
Authority shall, unless the context otherwise requires, be
construed as including a reference to any person authorised by
the Authority to act for or on its behalf;
"authorisation" shall include all forms of recognition as
defined in this article;
"Board" means the Board of Governors of the Authority
composed of the Chairperson and members appointed in
accordance with article 5(2);
"Chairperson" means the Chairperson of the Authority
as appointed in accordance with article 5;
"decision" includes any directive, determination,
direction, condition, measure, requirement or specification,
howsoever described, made by the Authority;
"Deputy Chairperson" means the Deputy Chairperson or
any other person appointed to act as a Deputy Chairperson in
the circumstances mentioned in article 5(3);
"directive" means a directive issued by the Authority in
terms of article 6;
"driver" means a person who holds recognition from the
Authority and is on a racetrack or a registered or unregistered
racing track for the purposes of driving horse for Harness
Racing. A driver also means a person competing in a race from
the time that the driver first sits in the sulky of the horse for
parading the horse for the race until the reins are taken by a
trainer or the trainer’s agent following the finish of a race;
"HOADA" means the Horse Owners and Drivers
Association, approved by EquestriMalta;
"jockey" means a person who holds recognition from the
Authority and is on a racetrack or a registered or unregistered
racing track for the purposes of driving horse for Thoroughbred
Racing. A jockey also means a person competing in a race from
the time that the jockey first sits in the saddle of the horse for
parading the horse for the race until the reins are taken by a
trainer or the trainer’s agent following the finish of a race;
"licence" means a permit granted by the Authority to
owners, drivers, handlers, trainers, members and horses;
"licence holder" means a person who holds a permit
issued in terms of this Act;
"Member State" means a Member State of the European
Union;
"Minister" means the Minister responsible for sports;
"operator" means any legal entity which holds a permit
or licence from the Authority to operate and manage an
approved racecourse;
"racing clubs" means any organisation recognised by the
Authority which represents racing clubs or other related bodies
which promote or conduct races or approved meetings.
"recognised association, federation or club" means an
association, federation or club that administers a sporting
discipline that involves the use of horses, and is registered as
such with the Government entity responsible for the register for
sports persons;
"recognition" means the formal recognition by the
Authority which is sought with reference to the suitability of
licence holders and others involved in racing to continue to be
licensed for the relevant year and which the Authority is
entitled to grant through or by the provision, issuance,
validation, confirmation, certification or otherwise in writing to
an applicant and includes any licence, permission,
authorisation, approval, confirmation, certification by or
registration with the Authority in terms of any special law
which the Authority is entitled to administer or enforce and the
terms ''authorisation'' or ''authorisation holder'' in the provisions
of this Act shall be construed as a reference to the relevant form
of recognition, or the holder thereof, as the case may be;
"trainer" means a person holding a licence granted under
these rules to train a horse or who does other things which are
only done or usually done by trainers;
"Tribunal" means the Administrative Review Tribunal
established by article 5 of the Administrative Justice Act.
(2)
The Minister, acting on the advice of the Authority, may by
regulations, and the Authority, with the consent of the Minister, may
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by guidelines clarify any definition in sub-article (1) or provide
additional definitions in support of the definitions in sub-article (1).
(3)
In this Act and in any regulations, directives or guidelines
made thereunder, if there is any conflict between the English and
Maltese texts, the English text shall prevail.
Part II
Guiding Principles
The Government shall, through the establishment of the
Authority, seek the development of the horse racing sector in Malta
through proper recognition and regulation with the guiding principle
of harnessing integrity of the said sport whilst at the same time
securing the horses’ welfare. This shall be done by the following
means
(a) promoting Malta as a hub of excellence in sports
racing activities by ensuring the highest integrity standards for
approved racecourse and approved racing activity;
(b)
in a manner ensuring that there are international
standards in place for the protection of the horses’ welfare, the
integrity of the sport and the public interest in general to be
protected against abuse and non-compliance with mandatory
laws intended for such purposes;
(c)
approving or otherwise deciding on the racing
programme and setting a calendar year for approved meetings
in collaboration with the operator;
(d)
determining the entrance fees of the general
public to attend such sporting events;
(e)
maintaining an online register of separately
identifiable approved meetings, providing details on horses,
drivers, veterinarians and other information that the Authority
deems necessary;
(f)
registering third country licence or permit holders
in accordance with and subject to the Act and who shall be
subject to the rules, obligations, penalties and offences under
this Act and the regulations and directives issued thereunder;
and
(g)
representing the interest of the local sports at
international fora and exchanging relevant information with
international competent authorities to safeguard the public
interest and sports integrity.
The Government shall determine Malta’s policies and
objectives with regard to the horse racing sector and shall appropriate
such funds and provide such resources as it considers necessary to
achieve such aims.
Part III
Establishment, Functions and Conduct of Affairs of the Authority
(1)
There shall be a body, to be known as EquestriMalta,
the affairs and business of which shall be carried out by a Board to be
known as the Malta Racing Board, consisting of a Chairperson and
twelve (12) other members, who shall be persons of integrity who are
fit and proper to assume the responsibilities of the Authority under this
Act or under any special law which the Authority is entitled to
administer or enforce.
(2)
Members of the Board shall be appointed by the Minister,
and shall hold office for such term not exceeding three (3) years, and
under such conditions as may be set out in their respective letter of
appointment
Provided that on the expiration of the term for which a
person is appointed under this sub-article, the person shall be eligible
for re-appointment.
(3)
The Board shall consist of
(a)
a Chairperson and six (6) members nominated by
the Minister;
(b)
three (3) members nominated by HOADA;
(c)
one (1) member nominated by the operators;
(d)
one (1) member nominated by the recognised
association, federation or club for the sport of Polo; and
(e)
one (1) member nominated by the recognised
association, federation or club for equestrian sport.
(4)
The Chairperson may designate one (1) of the members of
the Board as Deputy Chairperson and the member so designated shall
have all the powers and perform all the functions of the Chairperson
during the Chairperson’s absence or inability to act as Chairperson or
during any vacancy in the office of Chairperson.
(5)
The number of members present at meetings of the Board
necessary to form a quorum shall be the Chairperson or Deputy
Chairperson and three (3) other members, but, subject to the presence
of a quorum, the Board may act notwithstanding any vacancy among
its members.
(6)
The Board may also designate a suitably qualified person to
act as a secretary, but the secretary shall not have a vote.
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(7)
The Board may invite such professionals or other persons to
attend meetings of the Board and to provide information and
documentation as the Board may deem appropriate.
(8)
In order to carry out its functions, the Board shall make use
of such funds as the Minister may from time to time make available to
it; as well as such funds as it may under regulations made under this
Act collect as fees or otherwise.
The Board may make its own rules and regulate its own procedure.
(9)
A person shall not be qualified to hold office as a member of
the Board if he
(a)
is a Minister, Parliamentary Secretary or a
member of the House; or
(b)
is a judge or magistrate of the courts of justice; or
(c)
fails the due diligence checks as may be
established by order of the Minister from time to time; or
(d)
has been convicted of a criminal offence affecting
public trust, or of theft or fraud, or of knowingly receiving
property obtained by theft or fraud or of bribery or of money
laundering, or is being investigated for such criminal offence;
or
(e)
owns, runs, administers, has an interest in or is
employed in a company licensed by the Malta Gaming Authority,
or similar authority in any other country, that offers games of
chance or gambling to the consumer.
(10) Subject to the provisions of this article, the office of a
member of the Board shall become vacant –
(a)
at the expiration of his term of office; or
(b)
if any circumstances arise that, if he were not a
member of the Board, would cause him to be disqualified for
appointment as such.
(11) A member of the Board may only be removed from office
by the Minister for any one or more of the following reasons
(a)
if the member due to infirmity of mind or of body
or for any other cause is effectively unable to continue to
discharge his duties as a member; or
(b)
if the behaviour or performance of the member
brings into question his suitability or ability to continue as a
member, in particular for behaviour that affects or may affect
his reputation, independence or autonomy, or the reputation,
independence or autonomy of the Authority; or
(c)
if the member fails to perform his duties for a
prolonged period without any valid justification and it shall be a
cause for the removal of a member if that member for any
reason fails to perform his duties, including attending Board
meetings, for a continuous period exceeding six (6) months.
(12) If the Minister removes a member of the Board from office,
such removal shall be made public by no later than the effective date
of removal from office. At the same time, the Minister shall provide
the member concerned with a statement of reasons for his removal,
and the member shall have the right to request that the statement of
reasons for his removal be made public, in which case the Minister
shall publish such statement.
(13) If a member resigns or if the office of a member of the
Board is otherwise vacant or if a member is for any reason unable to
perform the functions of his office, the Minister may appoint a person
who is qualified to be appointed to be a member to be a temporary
member of the Board; and any person so appointed shall cease to be
such a member when a person has been appointed to fill the vacancy
or, as the case may be, when the member who was unable to perform
the functions of his office resumes those functions.
(14) Any member of the Board who has any direct or indirect
interest in any decision or contract made or proposed to be made by
the Board, not being an interest which disqualifies such member from
remaining a member, shall disclose the nature of his interest at the first
meeting of the Board after the relevant facts have come to his
knowledge; such disclosure shall then be recorded in the minutes of
the Board, and the member having an interest as aforesaid shall
withdraw from any meetings at which such decision or contract is
discussed, if deemed necessary by the Chairperson. Any such
disclosure shall be communicated to the Minister without delay.
Where the interest of the member is such as to disqualify the person
from remaining a member, the person shall report the fact immediately
to the Minister and tender his resignation.
(15) With reference to conflicts of interest, the Board shall, with
the consent of the Minister, issue guidelines which shall determine
which conflicts of interest require a Board member’s resignation.
(1)
It shall be the purpose of the Authority to achieve the
principles and objectives outlined in Part II entitled "Guiding
Principles".
(2)
It shall also be the duty of the Authority to exercise such
supervisory and regulatory functions in horse racing and related sport
activity as may from time to time be assigned to the Authority by any
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special law.
(3)
The Authority shall, without prejudice to any other power or
function conferred upon it by this Act or any other law, and in
accordance with any laws which may be applicable to it, be
responsible to
(a)
establish procedures for the registration of horses
to participate in approved meetings;
(b)
keep an up to date register of horses that may
participate in approved meetings;
(c)
coordinate and formulate a programme of
approved meetings in collaboration with the operator;
(d)
publish the annual fixture list and associated
programme details of approved meetings in collaboration with
the operator;
(e)
determine the prize monies for each race in an
approved meeting in collaboration and in agreement with the
operator;
(f)
administer races, and to appoint stewards and
judges and make regulations relating to the conduct for horse
racing on an approved racecourse;
(g)
determine the entrance fees for the attendance of
the general public for approved meetings as it may establish
from time to time;
(h)
approve applications for the issuance of all
applicable permits and licences in terms of this Act;
(i)
determine and collect all applicable permits and
licence fees due as it may establish from time to time;
(j)
carry out all such things as may be necessary to
protect the integrity of the sport, including but not limited to
doping control and the appropriate treatment of horses and by
making and continually updating the regulations related to the
governance and ethics of racing;
(k)
deal, through disciplinary committees appointed
under article 11 of this Act, with cases of misconduct and other
disciplinary proceedings in respect of licence or permit holders
including cases leading to the suspension or withdrawal of any
licence or permit issued under this Act. This includes the
Authority’s power to initiate and conduct investigations in
relation to permit and licence holders and the right of the
Authority to take appropriate action, wherever necessary;
(l)
maintain, update and enforce the list of approved
horse racing activities established in this Act;
(m)
operate an appropriate system of quality
assurance and to uphold the integrity of the sports and in
particular operators in adherence to this Act;
(n)
inform any authority that it deems appropriate of
any sanctions or restrictions imposed by it or of any other
matters which the Board considers necessary to protect the
public interest, in respect of any licence holder;
(o)
carry out all such things as may be necessary to
meet the obligations arising from the Mutual Recognition of
Permits and Licences in other countries;
(p)
cooperate with other competent authorities;
(q)
publish guidelines on the interpretation of this
Act and the regulations and directives issued thereunder;
(r)
take such measures as may be reasonably
necessary to protect the public interest and the integrity of the
sports racing activity including the placing of restrictions, the
imposition of fines and other similar measures on licence or
permit holders; and
(s)
advise, or make recommendations or otherwise
express its views to the Minister on any matter on which the
Minister is to consult with the Board or on which the Board is
to make recommendations to the Minister or on which the
views of the Board are sought by the Minister
Provided that it shall be the responsibility of the
operator to distribute prize monies and to receive and process
racing entries at approved meetings
Provided further that if there is disagreement
between the Authority and the operator regarding paragraphs
(c), (d) and (e) above, the Authority shall give its decision
which decision may be appealed by the operator in terms of the
Act.
(4)
It shall be the duty of the Authority to carry out its functions
as established by or under this Act or any other law in an impartial,
transparent and timely manner and to ensure compliance therewith.
Without prejudice to the generality of the foregoing, it shall also be the
duty of the Authority to ensure that, to the extent they are so bound,
persons comply with this Act and with any other special law which the
Authority is entitled to administer or enforce, and with any decisions
issued by or under this Act or any such other special law.
(5)
The Authority shall also have such other functions,
responsibilities and powers as are set out by or under this Act or as
may be assigned to it by or under any other law from time to time
including all such powers as are necessary for or incidental to the
performance of its functions by or under this Act or any other law.
(6)
The Authority shall in the carrying out of its functions seek
to ensure that the measures taken are proportionate having regard also
to the objectives of the Authority and the aims which such measures
are intended to achieve.
(1)
The affairs and business of the Authority shall be the
responsibility of the Board which responsibility shall be exercised
through the Chairperson
Provided that the Board may delegate or devolve all or part
of the executive conduct of the Authority, its administration and
organisation and the administrative control of its officers and
employees, to a Chief Executive Officer or any other officer or officers
of the Authority, who shall also have such other powers as may from
time to time be delegated or devolved to him or to them by the Board.
(2)
The Authority shall exercise its functions through such
officer or officers as the Board may from time to time designate in
accordance with the provisions of sub-article (1).
(3)
The Authority may exercise any one or more of its functions
either directly or through any of its officers or employees or through
an agency authorised for that purpose, or through a contractor or other
person with whom an agreement for the performance of any one or
more of such functions has been entered into
Provided that nothing in this sub-article shall authorise the
Authority to contract out or delegate any of
(a)
its regulatory functions; or
(b)
its recognition or authorisation functions, unless
such functions are expressly delegated to another public
authority established by law.
(1)
Except as expressly provided for in other provisions
of this Act, the Authority shall act independently and shall not seek or
take instructions from any other body or person.
(2)
(a)
The Minister may, in relation to matters that appear
to affect the public interest, from time to time give to the Authority
policy directions in writing of a general character, not inconsistent
with the provisions of this Act, on the policies to be followed in the
carrying out of the functions vested in the Authority by or under this
Act.
(b)
In determining policies which are the subject of a
Ministerial direction, the Board shall respect the principles reflected
by the policy direction given to it by the Minister.
The Authority shall afford to the Minister facilities for obtaining
information with respect to its property and activities, other than
matters which are confidential to any applicant or regulated person,
and furnish the Minister with returns, accounts and other statistical
information with respect thereto, and afford to him facilities for the
verification of information furnished, in such manner and at such times
as he may reasonably require.
(1)
The Authority shall be a body corporate having a
distinct legal personality and shall be capable, subject to the provisions
of this Act, of entering into contracts, of acquiring, holding and
disposing of any kind of property for the purposes of its functions, of
suing and being sued, and of doing all such things and entering into all
such transactions as are incidental or conducive to the exercise or
performance of its functions under this Act, including the lending or
borrowing of money.
(2)
The legal and judicial representation of the Authority shall
vest in the Chairperson
Provided that the Authority may appoint one (1) or more
members of the Board, the Chief Executive Officer, if any, or one (1)
or more officers of the Authority to appear in the name or on behalf of
the Authority in any judicial proceedings and in any act, contract,
instrument or other document whatsoever.
(3)
Any document purporting to be an instrument made or
issued by the Authority and signed by the Chairperson, or such other
member of the Board, the Chief Executive Officer, if any, or officer of
the Authority as may, in accordance with sub-article (2), be vested by
the Board with the legal and judicial representation of the Authority,
shall be received in evidence and shall, until the contrary is proved, be
deemed to be an instrument made or issued by the Authority.
(1)
The meetings of the Board shall be called by the
Chairperson as often as may be necessary but at least once (1) a month
either on the Chairperson’s own initiative or at the request of any two
(2) of the other members of the Board.
(2)
Decisions shall be adopted by a simple majority of the votes
of the members present and voting. The Chairperson, or in his absence
the Deputy Chairperson or other person appointed to act as
Chairperson, shall have an initial vote and, in the event of an equality
of votes, a casting vote. Without prejudice to the other requirements of
this Act, no decision shall be valid which is not supported by at least
two members of the Board.
(3)
Subject to the foregoing provisions of this article, no act or
proceeding of the Authority shall be invalidated merely by reason of
the existence of any vacancy among the members of the Board.
(4)
All acts done by any person acting in good faith as a
member of the Board shall be valid as if he were a member
notwithstanding that some defect in his appointment or qualification
be afterwards discovered. No act or proceeding of the Authority shall
be questioned on the ground of the contravention, by a member, of the
provisions of article 5(9).
(1)
The Board of the Authority may establish
committees of the Board, composed of members of the Board and
other persons who may be invited to participate in the committee, to
address particular issues as may be assigned to it by the Board.
(2)
The Board may also establish a National Sports Racing
Ethics and Disciplinary Committee for the purpose of ensuring that the
proper standards of ethics are reflected in the area of sports racing
which are recognised by the Authority. The Sports Racing Ethics and
Disciplinary Committee shall have the functions and shall be
composed of the persons as may be determined by the Board.
In carrying out its functions under this Act and any special
law that the Authority is entitled to administer or enforce, the
Authority shall pay regard to the nature and features of the sport which
fall within its competence and shall seek to reflect such elements in its
policies and administration.
Part IV
Officers and Employees of the Authority
Without prejudice to the other provisions of this Act, the
Authority shall appoint and employ, at such remuneration and upon
such terms and conditions as it may establish, such officers and
employees of the Authority as may from time to time be necessary for
the due and efficient discharge of the functions of the Authority.
Employees include starters, stewards, dope testing personnel and
paddock officers who are responsible to ensure the integrity of racing
on the race day and any other technical, administration and finance
employees as necessary for the efficient operation of the Authority.
All officers and employees of the Authority shall be deemed
to be public employees within the meaning of the Public
Administration Act and shall be considered to be public officers as
defined in article 124 of the Constitution for the purposes of the
Criminal Code or any other law of a criminal nature.
Part V
Financial Provisions
(1)
Without prejudice to the following provisions of this
article, the Authority shall so conduct its affairs so that the expenditure
required for the proper performance of its functions shall, as far as
practicable, be met out of its revenue including the contributions from
the operators.
(2)
In furtherance of the provisions of sub-article (1), the
Authority shall levy all fees, rates and other payments prescribed
under this Act or any other law related to the powers and functions of
the Authority.
(3)
The Authority shall be paid by Government out of the
Consolidated Fund such sums as Parliament may from time to time
authorise to be appropriated to meet the operational costs and other
costs to enable the Authority to carry out its functions.
(4)
Any excess of revenue over expenditure shall, subject to
such directives as the Minister, after consultation with the Minister
responsible for finance may from time to time give, be applied by the
Authority to the formation of reserve funds to be used for the purposes
of the Authority; and without prejudice to the generality of the powers
given to the Minister by this sub-article, any direction given by the
Minister as aforesaid may order the transfer to the Government, or the
application in such manner as may be specified in the direction, of any
part of the fees, rates and other payments levied in accordance with
sub-article (2) or any such excess as aforesaid.
(5)
Any funds of the Authority not immediately required to
meet expenditure may be invested by the Authority in such manner as
may from time to time be approved by the Minister.
(1)
For the purpose of carrying out any of its functions
under this Act or any other special law which the Authority is entitled
to administer or enforce, the Authority may, with the approval in
writing of the Minister given with the concurrence of the Minister
responsible for finance, borrow or raise money in such manner, from
such person, body or authority, and under such terms and conditions as
the Minister, after consultation as aforesaid, may approve in writing.
(2)
The Authority may also, from time to time, borrow, by way
of overdraft or otherwise, such sums as it may require for carrying out
its functions under this Act or any other special law which the
Authority is entitled to administer or enforce.
The Minister responsible for finance may, after consultation
with the Minister, make advances to the Authority of such sums as he
may agree to be required by the Authority for carrying out any of its
functions under this Act or any other special law which the Authority
is entitled to administer or enforce, and may make such advances on
such terms and conditions as he may, after consultation as aforesaid,
deem appropriate. Any such advance may be made by the Minister
responsible for finance out of the Consolidated Fund, and without
further appropriation other than this Act, by warrant under his hand
authorising the Accountant General to make such advance.
(1)
The Minister, with the concurrence of the Minister
responsible for finance, may, for any requirements of the Authority of
a capital nature, contract or raise loans, or incur liabilities, for such
periods and on such terms and conditions as he may deem appropriate;
and any sums due in respect of or in connection with any such loan or
liability shall be a charge on the Consolidated Fund.
(2)
Notice of any loans, liabilities or advances made or incurred
under the foregoing provisions of this article shall be given to the
House and the relative documentation shall be laid on the Table of the
House as soon as practicable.
(1)
The Authority shall cause to be prepared in every
financial year and shall, not later than three (3) months after the end of
each such year, adopt estimates of the income and expenditure of the
Authority for the next following financial year
Provided that the estimates for the first financial year of the
Authority shall be prepared and adopted within such time as the
Minister may by notice in writing to the Authority specify.
(2)
In the preparation of such estimates the Authority shall take
account of any funds and other monies that may be due to be paid to it
out of the Consolidated Fund during the relevant financial year,
whether by virtue of this Act or of an appropriation Act or of any other
law; and the Authority shall prepare the said estimates so as to ensure
that the total revenues of the Authority are at least sufficient to meet all
sums properly chargeable to its revenue account including, but without
prejudice to the generality of that expression, depreciation.
(3)
The estimates shall be made out in such form and shall
contain such information and such comparison with previous years as
the Minister responsible for finance may direct.
(4)
A copy of the estimates shall, upon their adoption by the
Authority, be sent forthwith by the Authority to the Minister.
(5)
The Minister shall, at the earliest opportunity and not later
than three (3) months after receiving a copy of the estimates from the
Authority, approve the same with or without amendment.
(1)
No expenditure shall be made or incurred by the
Authority unless it has been approved by the Minister as provided in
article 15.
(2)
Notwithstanding the provisions of sub-article (1) -
(a)
until the expiration of six (6) months from the
beginning of a financial year, or until the approval of the
estimates for that year by the Minister, whichever is the earlier
date, the Authority may make or incur expenditure for carrying
out its functions under this Act or any other special law which
the Authority is entitled to administer or enforce not exceeding
in the aggregate one-half of the amount approved by the
Minister for the preceding financial year;
(b)
expenditure approved in respect of a head or sub-
head of the estimates may, with the approval of the Minister,
given with the concurrence of the Minister responsible for
finance, be made or incurred in respect of another head or sub-
head of the estimates;
(c)
in respect of the first financial year, the Authority
may make or incur expenditure not exceeding in the aggregate
such amounts as the Minister responsible for finance may, after
consultation with the Minister, allow;
(d)
if in respect of any financial year it is found that
the amount approved by the Minister is not sufficient or a need
has arisen for expenditure for a purpose not provided for in the
estimates, the Authority may adopt supplementary estimates for
approval by the Minister and in any such case the provisions of
this Act applicable to the estimates shall mutatis mutandis
apply and as near as practicable apply to the supplementary
estimates.
The Minister shall, at the earliest opportunity and not later
than three (3) months after receiving a copy of the estimates and
supplementary estimates of the Authority, or if at any time during that
period the House is not in session, within three (3) months from the
beginning of the next following session, cause such estimates to be
laid on the Table of the House.
(1)
The Authority shall cause to be kept proper accounts
and other records in respect of its operations, and shall cause to be
prepared a statement of accounts in respect of each financial year.
(2)
The accounts of the Authority shall be audited by an auditor
or auditors to be appointed by the Authority and approved by the
Minister
Provided that the Minister may, prior to approving the
accounts, require the books and accounts of the Authority to be audited
or examined by the Auditor General who shall for the purpose have the
power to carry out such physical checking and other certifications as
he may deem necessary.
(3)
The Authority shall, not later than three (3) months after the
end of each financial year, cause a copy of the statement of accounts
duly audited to be transmitted to the Minister together with a copy of
any report made by the auditors on that statement or on the accounts of
the Authority.
(4)
The Minister shall, at the earliest opportunity and not later
than three (3) months after receiving a copy of every such statement
and report, or if at any time during that period the House is not in
session, within three (3) months from the beginning of the next
following session, cause every such statement and report to be laid on
the Table of the House.
(1)
All monies accruing to the Authority shall be paid
into a bank or banks appointed as bankers of the Authority by a
resolution of the Authority. Such monies shall, as far as practicable, be
paid into any such banks from day to day, except such sum as the
Authority may authorise to be retained to meet petty disbursements
and immediate cash payments.
(2)
All payments out of the funds of the Authority, other than
petty disbursements not exceeding a sum fixed by the Authority, shall
be made by such officer or officers of the Authority as the Authority
shall appoint or designate for that purpose.
(3)
Cheques against and withdrawals from any bank account of
the Authority shall be signed by such officer of the Authority as may
be appointed or designated by the Authority for that purpose and shall
be countersigned by the Chairperson, or such other member of the
Board or officer of the Authority as may be authorised by the
Authority for that purpose.
(4)
The Authority shall also make provision with respect to
(a)
the manner in which and the officer or officers by
whom payments are to be authorised or approved;
(b)
the title of any account held with the bank or
banks into which the monies of the Authority are to be paid, and
the transfer of funds from one account to the other;
(c)
the method to be adopted in making payments out
of funds of the Authority, and generally with respect to any
matter which is relevant to the proper keeping and control of
the accounts and books, and the control of the finance, of the
Authority.
Without prejudice to any directions communicated by the
Minister under article 8(2)(a), the Authority shall not, except with the
approval of the Minister granted for special reasons and after
consultation with the Minister responsible for finance, award or enter
into any contract for the supply of goods or materials or for the
execution of works, or for the rendering of services, to or for the
benefit of the Authority, which is estimated by the Authority to exceed
one hundred and forty-four thousand euro (€144,000) in value, or such
other amount as the Minister responsible for finance may by
regulations prescribe, except after notice of the intention of the
Authority to enter into the contract has been published and in
conformity with the provisions of the Public Finance Management Act
and regulations made thereunder.
The Authority shall, not later than three (3) months after the
end of each financial year, make and transmit to the Minister and to the
Minister responsible for finance a report dealing generally with the
activities of the Authority during that financial year and containing
such information relating to the proceedings and policy of the
Authority as either of the said Ministers may from time to time
require. The Minister shall, at the earliest opportunity and not later
than three (3) months after he has received a copy of every such report,
or if at any time during that period the House is not in session, within
three (3) months from the beginning of the next following session,
cause a copy of every such report to be laid on the Table of the House.
(1)
An authorisation holder or persons acting on his
behalf or under an arrangement with him shall fulfil any prevention of
money laundering and the combating of funding of terrorism
obligations as may be imposed on them by means of regulations made
under article 12 of the Prevention of Money Laundering Act.
(2)
Where the Authority discovers facts or obtains information
that is related to transactions which are known or suspected to be
related to proceeds of criminal activity or the funding of terrorism, or
to a person who may have been, is or may be connected with money
laundering or the funding of terrorism, the Authority shall disclose
those facts or that information, supported by the relevant
documentation that may be available, to the Financial Intelligence
Analysis Unit in a timely manner.
(3)
Where through its monitoring, or through any other means,
the Authority notices that there are areas of arrangements and services
which are vulnerable to money laundering or the funding of terrorism,
the Authority shall inform the National Coordinating Committee on
Combating Money Laundering and the Funding of Terrorism
established under article 12A of the Prevention of Money Laundering
Act of its concerns and provide it with any analysis, statistics, studies,
or any other information relative thereto.
The Authority and any Board member, officer or employee
of the Authority, and any other person appointed to perform a function
under this Act or any other special law which the Authority is entitled
to administer or enforce, or under any rules or regulations made
thereunder, shall not be liable in damages for anything done or omitted
to be done in the discharge or purported discharge of any functions
under this Act, or any other special law which the Authority is entitled
to administer or enforce, or rules or regulations aforesaid, unless the
act or omission is shown to have been done or omitted to be done in
bad faith.
Part VI
Permits and licences
(1)
No person shall use any premises as a racecourse or
racing club by whatever name called, unless there is in respect of such
premises a valid licence for the purpose issued by the Authority and no
person may open or carry on any activity for any of the purposes
aforesaid unless he is in possession of licence and a certificate of
approval for the purpose issued by the Authority.
(2)
No licence or certificate of approval shall be granted or
renewed under sub-article (1) if the premises, equipment and facilities
as well as the personnel, do not reach the standard as the Authority
deems to be satisfactory.
(3)
The Authority may, in granting or renewing any licence or
certificate of approval under sub-article (1), impose any such condition
as the Authority may deem fit and may restrict the services and the
activities that may be provided or carried on in the licensed premises.
(4)
Where any premises are used or any act is done in
contravention of any condition or restriction, contained in a licence or
certificate of approval granted or renewed under sub-article (1), any
premises so used and any act so done shall be deemed to have been
used or done without the licence or certificate of approval required by
this article.
(5)
Any licence or certificate of approval granted under the
provision of sub-article (1) shall lapse on the 31st December of the
year in which it is issued but may be renewed by the Authority from
year to year.
(1)
A person may apply to the Authority, in the
prescribed form in order to be granted a licence to practice sports
racing.
(2)
When an application for a licence is received in terms of
sub-article (1) the Authority shall inspect the premises to ensure the
suitability of the premises.
(3)
The Authority may, at any time during the processing of the
application, require the prospective service provider to provide any
documents and information deemed necessary and shall visit the
premises intended to be used for the provision of service in order to
make its assessment and ascertain whether the licence should be
granted or not.
(4) Upon granting a licence to practice sports racing, the
Authority shall issue a Licence Certificate.
(5)
The licence may be renewed by the Authority provided that
the person has complied with the provisions of this Act and of any
regulation made thereunder.
(6)
A licensee wishing to renew a licence which is due to
expire, shall at least six (6) months before such expiry apply to the
Authority for such license to be renewed.
(7)
The Authority shall renew the licence if it is satisfied that
the premises are being used in accordance with the provisions of this
Act and following an assessment conducted by the Authority
confirming adherence with the provisions of the Act.
(8)
The decision of the Authority on the renewal of the licence
shall be served on the licensee by registered mail, not later than thirty
(30) days from the application for renewal.
(9)
The licensee shall ensure that the licence, or a copy of it, is
kept affixed in a prominent place in the principal office of the premises
from which the sports racing is provided. The licensee shall provide
access to the license to service users or potential service users upon
request.
(10) The issuing and renewal of a licence shall be without
prejudice to the requirement of any other license or authorisation
required under any other law.
(11) An authorisation, permit or licence granted by the Authority
cannot be assigned or transferred.
(1)
The Authority may refuse an application to grant a
licence in terms of this Part of the Act if it deems that the applicant or
licensed person is not fit to carry out the activity regulated by the Act.
The refusal, together with reasons for such refusal, shall be served in
writing by registered mail to the applicant or licensed person applying
for the licence within one (1) month from the date of application.
(2)
The applicant or licensed person shall have the right to
request a reversal of the decision of the Authority by filing an appeal
before the Tribunal.
(3)
The applicant or licensed person shall have the right to re-
apply to the Authority for a licence if the reason for the refusal no
longer subsists.
The Authority shall have the right to revoke a licence
granted in terms of the Act at any time, if the licensed person
(a)
files a request in writing for revocation;
(b)
ceases to comply with the criteria of eligibility for
licensing;
(c)
is no longer deemed suitable to provide the
service for which he is licensed and if the licensee has been
convicted of an offence for which the penalty is imprisonment
or for any offences contemplated under this Act;
(d)
is in breach of the conditions for licensing in
accordance with the provisions of his Act or wilfully neglects
or refuses to comply with any of the provisions of this Act or
any other Act, or obstructs, impedes or hinders any person
carrying out duties or responsibilities thereunder.
(1)
The Authority shall revoke the licence in accordance
with paragraphs (b), (c) or (d) of article 31 after drawing up a report
containing its recommendations on whether the licence should be
revoked. The report shall include evidence of due warning to the
licensed person that the licence may be revoked unless appropriate
action is taken, in accordance with a procedure established under this
Act.
(2)
The written revocation, together with the reasons thereof,
shall be served on the licensed person by registered mail. Such
revocation shall have effect from date of service.
(3)
If the licence of a licensed person is revoked, the Licence
Certificate and all the records and documentation relating to the social
welfare service shall become the property of the Authority.
During the month of January of every year the Authority
shall publish in the Gazette
(a)
a list of licensed persons including their full
name, registered address and other relevant contact details; and
(b)
a list of licensed persons whose licence has been
revoked throughout the previous calendar year and any changes
in the conditions required for licensing or renewal.
Part VII
Regulatory Powers
(1)
The Authority may at any time revoke, cancel or
suspend certificates of approval in respect of racecourses or in respect
of an operator or any other permit or licence issued to a driver, jockey,
trainer or racing clubs in accordance with the provisions of this Act or
any other special law which the Authority is entitled to administer or
enforce.
(2)
The Authority may revoke, cancel or suspend certificates of
approval in accordance with sub-article (1) thereto
(a)
if it considers it desirable to cancel or suspend the
approval for the protection of the general public and the
reputation of Malta; or
(b)
if it considers that the standard of the track is not
fit and proper to hold an approved racing activity; or
(c)
if it considers that the requirements of any
provision of this Act, or any other special law which the
Authority is entitled to administer or enforce, are not being
fulfilled, or there has been a contravention of any such
provision as aforesaid, or an obligation or condition to which
the authorisation is subject by virtue of or under this Act, or any
other special law which the Authority is entitled to administer
or enforce, has not been satisfied or complied with.
(3) The Authority may revoke, cancel or suspend certificates of
approval in respect of an operator who manages racecourses and
ground adjacent thereto:–
(a)
if it considers that the persons who assume any
responsibility towards the Authority with reference to the
approved racecourse are not fit and proper persons to carry out
the functions required of them in connection with the
arrangement or if there are no such persons in office as
stipulated or required by the racecourse ground authorisation;
or
(b)
if it considers that the requirements of any
provision of this Act, or any other special law which the
Authority is entitled to administer or enforce, are not being
fulfilled, or there has been a contravention of any such
provision as aforesaid, or an obligation or condition to which
the authorisation is subject by virtue of or under this Act, or any
other special law which the Authority is entitled to administer
or enforce, has not been satisfied or complied with; or
(c)
if information has been furnished to the Authority
by or on behalf of or in relation to the approved racecourse
which is false, inaccurate or misleading; or
EQUESTRIMALTA
(d)
if the operator has not commenced the activities
within the time provided for in the authorisation or has ceased
to carry on such activities; or
(e)
at the request of the operator; or
(f)
in any of the circumstances under which the
Authority would have been precluded from issuing the
authorisation to act as an operator under this Act or any other
special law which the Authority is entitled to administer or
enforce or where under this Act or any other special law which
the Authority is entitled to administer or enforce it would have
been entitled to refuse the grant of such authorisation; or
(g)
after proper communication and investigation, at
the written request of another national competent authority
which is carrying out regulatory functions in relation to
regulated and other activities carried out by the operator at the
racecourses and ground adjacent thereto simultaneously with
the Authority.
(4)
The Authority may revoke, cancel or suspend a permit or
licence issued to a driver, jockey, trainer or racing club:–
(a)
if it considers that the holder thereof is not a fit
and proper person to continue practicing the sport services that
he is authorised to provide through a licence or permit; or
(b)
if it considers that the holder thereof does not
fulfil the requirements of, or has contravened, any of the
provisions of this Act or any other special law which the
Authority is entitled to administer or enforce or of any racing
services rules or regulations made thereunder, or has failed to
satisfy or comply with any obligation or condition to which he
is subject by virtue of or under this Act or any other special law
which the Authority is entitled to administer or enforce, or any
conditions established by the Authority in the particular case; or
(c)
if the Authority has been furnished with
information which is false, inaccurate or misleading, or if the
driver, jockey, trainer or racing club has obtained the permit or
licence authorisation by making false statements or by any
other irregular means; or
(d)
if the driver, jockey, trainer or racing club has not
provided the service he has been authorised to provide within
the time provided for in the permit or licence authorisation, if
any, or has ceased to provide such service; or
(e)
if it considers it desirable to revoke, cancel or
suspend the driver, jockey, trainer or racing club for the
protection of the general public, and the reputation of Malta; or
(f)
at the request of the driver, jockey, trainer or
racing club; or
(g)
in any of the circumstances under which the
Authority would have been precluded from issuing the permit
or licence authorisation under this Act to driver, trainer or
racing club or any other special law which the Authority is
entitled to administer or enforce or where under such Act or any
other special law which the Authority is entitled to administer
or enforce it would have been entitled to refuse the grant of
such permit and licence authorisation; or
(h)
after proper communication and investigation, at
the written request of another national competent authority,
which is carrying out regulatory functions in relation to the
driver, jockey, trainer or club racing authorisation holder
simultaneously with the Authority.
(5)
Revocations, cancellations and suspensions shall be
reflected in the register of authorisations appearing on the website of
the Authority. The Authority shall have the power to publicise more
widely the revocation, cancellation or suspension of its authorisations
should it consider that this would be necessary for the protection of the
general public.
(6)
No action shall lie against the Authority in terms of law, or
any other law relating to defamation or slander, for the issuing of bona
fide public statements in terms of this article.
(7)
The Authority may issue guidelines on how this article is to
apply.
(1)
The Authority shall, before proceeding to take any of
the measures under article 34, write to the person concerned, warning
the person of the measure that may be taken and the specific reason
why it may be taken, requiring the person to cease or rectify such acts
or omissions and, or to make his submissions thereto within such
period not being less than twenty-five (25) days which period, without
prejudice to the provisions of sub-article (4), may be abridged if the
Authority considers that the continuance of the infringement impacts
negatively the effective exercise by the Authority of its regulatory
functions and, or warrants the immediate intervention of the Authority
Provided that where the measure is an administrative fine
the person concerned shall also be informed of the amount of the fine
Provided further that when issuing a warning under this sub-
article, the Authority may impose such conditions as it may consider
reasonable in the circumstances.
(2)
If the person concerned remedies the infringement within
the period established by the Authority in accordance with sub-article
(1), and agrees in writing to abide with any condition that the
Authority may impose, the Authority may at its discretion desist from
proceeding any further, this without prejudice to any regulatory
measures that may have already been imposed.
(3)
If, after the lapse of the period mentioned in sub-article (1),
the Authority considers that the person concerned has not given any
valid reasons to demonstrate why no measure should be taken against
him, the Authority shall notify the person concerned in writing,
specifying the nature of the infringement, stating the measure being
taken, and if the measure is an administrative fine, stating the amount
of the fine being imposed.
(4)
Notwithstanding the provisions of sub-article (1), where the
Authority has prima facie evidence that the infringement -
(a)
represents an immediate and serious threat to the
public interest or to the application of mandatory rules of law;
or
(b)
creates or may create serious economic or
operational problems for other providers or users of racing
track arrangements; or
(c)
would result in significant harm to competition,
including in the racing track sector,
the Authority may take urgent interim measures to remedy the
situation in advance of reaching a final decision, including ordering
the immediate cessation of the act or omission giving cause to the
infringement and the imposition of administrative fines
Provided that the person against whom such measures are
contemplated shall, thereafter, be given a reasonable opportunity to
state his view and propose any remedies
Provided further that the interim measures shall be valid for
a maximum of three (3) months, subject to extension for a further
period of three (3) months, in circumstances where enforcement
procedures have not been completed.
(5)
The notification as referred to in sub-article (3) shall, upon
the expiry of the time limit for appeal therefrom, upon the service of a
copy thereof by means of a judicial act on the person indicated in the
notice, constitute an executive title for all effects and the purposes of
Title VII of Part I of Book Second of the Code of Organization and
Civil Procedure
Provided that if the person against whom the notice has been
issued files an appeal before the Tribunal within the twenty (20) day
period referred to under article 34, and concurrently with or before the
filing of his appeal requests the Tribunal to suspend the effects of the
notice, then the Authority shall desist from issuing a judicial act as
referred to in this sub-article until such time as the request for
suspension has been determined, withdrawn or otherwise dealt with
Provided further that the Tribunal shall determine any
requests for suspension referred to in this sub-article expeditiously.
Before determining any such request the Tribunal shall give the
Authority a reasonable opportunity to reply and make its submissions.
(6)
The Authority shall give its reasons for any decision taken
under this article.
(7)
The provisions of this article shall continue to apply to the
person concerned with reference to their actions and those related
thereto, having been done prior to the issue of any warning hereunder,
notwithstanding the revocation or the unilateral surrender of the
relevant permit or licence or authorisation where applicable.
(8)
Notwithstanding the provisions of any law, no precautionary
warrant or order shall be issued by any court restraining the Authority
from taking any material prevention or management measure under
this Act, or under any regulations issued hereunder or any other law.
Without prejudice to the power of the Authority to declare to the court
that a measure is one contemplated by this article, the Minister may
from time to time make regulations to better define what constitutes a
material prevention or management measure for the purpose of this
Act.
(9)
An administrative fine imposed under this article shall not
exceed two thousand euro (€2,000) for each infringement.
(1)
Where the Authority proposes to refuse an
application for a permit or licence or authorisation or to cancel or
suspend a permit or licence or authorisation, it shall give the applicant
or, as the case may be, the permit or licence or authorisation holder,
notice in writing of its intention to do so, setting out the reasons for the
decision it proposes to take.
(2)
Every notice given under sub-article (1) shall state that the
recipient of the notice may, within such reasonable period after the
service thereof as may be stated in the notice (being a period of not
less than forty-eight (48) hours, make representations in writing to the
Authority giving reasons why the proposed decision should not be
taken, and the Authority shall consider any representation so made
before arriving at a final decision.
(3)
The Authority shall as soon as practicable notify its final
decision in writing to any of the persons to whom notice is to be given
under sub-article (1).
(1)
Save any other law relative to the protection of data,
matters of the Authority shall seek to regularly publish information
relating to its rulings, determinations and policy positions when they
affect applications, interpretation of the provisions of this Act, or any
special law which it is entitled to administer or enforce, so as to ensure
that applicants and the public in general are aware of the position taken
by the Authority on matters of general interest relating to the racing
activities.
(2)
The publication of such information shall not in any way
limit the freedom of the Authority to vary its policies or approach on
any issue based on further review and experience or development of
technology or law generally. When such variations take place the
Authority shall notify in later publications the connection and review
to previous publications.
Part VIII
Enforcement and Sanctions
(1)
Without prejudice to the enforcement powers that it
has at law, the Authority may require any approved racecourse
operator to provide it with any information, including financial
information, that the Authority considers necessary for the purpose of
ensuring the quality and integrity standards required by this Act for
purposes of recognition or compliance with the provisions of this Act
or any other special law which the Authority is entitled to administer
or enforce, or decisions or directives made in accordance with this Act
or such other special law.
(2) Any information required by the Authority under sub-article
(1) shall be proportionate to the performance of its functions and
obligations under this Act or any other special law which the Authority
is entitled to administer or enforce and, in requiring any information as
aforesaid, the Authority shall state why it requires the information
requested.
(3)
Except in cases where the recipient of a request may refuse
to provide such information, which refusal shall be in writing and shall
state the basis for such refusal, a person who is notified with a
requirement under sub-article (2) shall comply promptly with the
requirement within the time-scales and according to any level of detail
as may be required by the Authority
Provided that any such person may, in complying with the
provisions of this sub-article, state clearly to the Authority if any
information provided by him is to be considered as confidential for
commercial reasons and the Authority shall respect the confidentiality
requested subject to the provisions of the Professional Secrecy Act.
(4)
The same rules stated above shall apply to the permit and
licence holders who, in carrying out the authorised services, may
review or receive information as described in the proviso to sub-article
(1). Such permit and licence holder shall not be required to provide
information to the Authority if such information was obtained under
confidence or under non-disclosure obligations whilst carrying out his
functions for the benefit of any applicant.
(1)
For the purposes of the exercise by the Authority of
any of its functions under this Act or under any other special law
which the Authority is entitled to administer or enforce, the Authority
may, as may be applicable in the context and subject to the limitations
in the applicable laws on professional secrecy
(a)
enter, at any reasonable time, any premises open
to the public other than a place of residence, or any other place
or any racing track where any activity regulated by or under this
Act or any other special law which the Authority is entitled to
administer or enforce, takes place, or in the opinion of the
Authority takes place, and search and inspect the premises,
place, vehicle or vessel and any books, documents or records
found therein;
(b)
require any person to produce for inspection and
take extracts or copies from any books, documents or records
relating to any activities regulated by or under this Act or any
other special law which the Authority is entitled to administer
or enforce, which are under the control of that person and, in
the case of information in a non-legible form to reproduce it in
a legible form, and to give to the Authority such information as
the Authority may reasonably require in relation to any entries
in such books, documents or records;
(c)
remove and retain such books, documents or
records for such period as may be reasonable for further
examination;
(d)
require any person to maintain such books,
documents or records for such period as may be reasonable as
the Authority directs;
(e)
require any person to give to the Authority any
information that may be required with regard to any
arrangement regulated by or under this Act or any other special
law the Authority is entitled to administer or enforce;
(f)
make such inspections, including site inspections,
to enable the Authority to carry out its functions at law and in
doing so the Authority may also undertake tests and
measurements of any machinery, apparatus, appliances and
other equipment at any place as the Authority may consider
necessary
Provided that where the person concerned fails to abide with
any requirements made by the Authority under this sub-article, the
Authority may then take any such measures as it may consider
appropriate in the circumstances.
(2)
Any officer of the Authority or any other person duly
authorised by the Authority to act on its behalf, when exercising a
power conferred by this Act or by any other special law which the
Authority is entitled to administer or enforce, shall, if requested by any
person thereby affected, produce to that person for inspection a
certificate issued by the Authority stating that he is duly authorised to
act for and on behalf of the Authority.
(3)
In the course of the exercise of any of the powers conferred
by this Act or by any other special law which the Authority is entitled
to administer or enforce the Authority may request the assistance of
the Police.
(4)
Any persons who are or have been in charge of the racing
track arrangement falling under the supervisory or regulatory
functions of the Authority shall assist and shall collaborate with the
Authority in order to enable it to discharge its functions, and shall
collate and transmit without any undue delay such information and
documentation as the Authority may reasonably request from time to
time.
(5)
Any person who –
(a)
obstructs, impedes or assaults an officer of the
Authority or any other person duly authorised by the Authority
to act on its behalf in the exercise of any of the powers
conferred by this Act or by any other special law which the
Authority is entitled to administer or enforce; or
(b)
fails or refuses to comply with a requirement
under this article; or
(c)
alters, suppresses or destroys any books,
documents or records which the person concerned has been
required to produce, or may reasonably expect to be required to
produce; or
(d)
falsely represents himself to be an officer of the
Authority or a person authorised by the Authority to act on its
behalf; or
(e)
furnishes any information to the Authority which
it may require in the exercise of its functions under any special
law it is entitled to administer or enforce, which he knows, or
has reasonable cause to believe to be false or misleading,
is found guilty of an offence under this article shall, on conviction, be
liable to a fine (multa) not exceeding five thousand euro (€5,000), in
the case of a continuing offence, to a further fine (multa) not exceeding
fifty euro (€50) for each day during which the offence continues.
(1)
Except where otherwise provided by law, a person
shall not knowingly disclose confidential information obtained by him
while performing the duties of a member of the Board, or of an officer
or employee of the Authority or of an adviser or consultant to the
Authority, unless he is duly authorised by the Authority to do so
Provided that any such person shall remain bound by the
requirements of this article even after his appointment or employment,
howsoever described, with the Authority has come to an end.
(2)
In this article "confidential information" means any
information, howsoever described, which is considered by the
Authority to be confidential, or has been notified of such status by the
person providing it, and in relation to which the Authority has notified
the persons concerned of their duty of non-disclosure.
(3)
A person who acts in violation of the provisions of sub-
article (1) shall be guilty of an offence and shall be liable, on
conviction, to a fine (multa) not exceeding five thousand euro
(€5,000).
(4)
Nothing in this article shall prevent the disclosure of any
information to the Authority or, by or on behalf of the Authority to the
Minister or as may be required at law.
(1)
An administrative fine imposed shall not, unless
provided otherwise by or under this Act or any special law which the
Authority is entitled to enforce, exceed the amount of two thousand
five hundred euro (€2,500) for each breach and twenty-five euro (€25)
for each day during which failure to observe the provisions of this Act
or of any regulation made thereunder persists.
(2)
In determining the amount of an administrative fine, regard
shall be had in particular to the nature and extent of the infringement,
its duration and its impact on the market.
(3)
The Minister may, by regulations made under this Act,
establish the administrative fines that may be imposed by the
Authority for breaches of the said regulations
Provided that the amount of the fines that may be so
prescribed shall not exceed the maximum amounts referred to under
sub-article (1).
Where an administrative infringement of any provision of
this Act or any other special law which the Authority is entitled to
administer or enforce is committed by a body corporate and is proved
to have been committed with the consent or involvement of or to be
attributable to the gross negligence on the part of a person being an
administrator of the body corporate or a person who was purporting to
act in any such capacity, that person, as well as the body corporate,
shall be liable to be proceeded against and punished as if he was
responsible for the said infringement.
The prosecution of a criminal offence or the initiation of
proceedings to impose an administrative fine under this Act or under
any other special law which the Authority is entitled to administer or
enforce shall be prescribed by the lapse of two (2) years from the date
on which the offence or administrative infringement is alleged to have
been committed.
Unless otherwise provided in the Act, where a notice,
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; or
(b)
by leaving it at the address at which the person
ordinarily resides or carries on business; or
(c)
by sending it by registered post to the person at
the address at which the person ordinarily resides or carries on
business; or
(d)
if an address for the service of notices has been
provided by the person, by leaving it at such address, or sending
it by registered post addressed to the person to that address; or
(e)
in any case where the Authority considers that the
immediate giving of the notice is required, by sending it by
electronic mail to a device or facility for the reception of
electronic mail located at the address at which the person
ordinarily resides or carries on business or, if an address for the
service of notices has been furnished by the person, that
address, provided that the facility of the sender for the reception
of electronic mail generates a message confirming receipt of the
electronic mail
Provided that the provisions of this paragraph shall not
apply to the notification of documents filed before the Tribunal
or any Court.
(1)
Where the Authority desires to sue for the recovery
of a debt due to the Authority under any other special law which it is
entitled to administer or enforce for any fee or charge howsoever
described that may be due, the Chairperson or an officer of the
Authority duly authorised by the Authority to act on its behalf may
make a declaration on oath before the registrar of the Courts, a judge
or a magistrate wherein he states the nature of the debt and the name of
the debtor and confirm that it is due.
(2)
The declaration referred to in sub-article (1) shall be served
upon the debtor by means of a judicial act and it shall have the same
effect as a final judgement of the competent court unless the debtor
shall, within a period of twenty (20) days from service upon him of the
said declaration, oppose the claim by filing an application demanding
that the court declare the claim unfounded.
(3)
The application filed in terms of sub-article (2) shall be
served upon the Authority, which shall be entitled to file a reply within
a period of twenty (20) days. The court shall appoint the application
for hearing on a date after the lapse of that period.
(4)
Any debts due to the Authority in accordance with this
article shall be prescribed by the lapse of the period of five (5) years
from the date on which the debt was due.
(1)
No person shall make or cause to be made any
advertisement or other representation, in any visual or aural form,
whether the advertisement is made in Malta or otherwise, either
specifically or by implication, to the effect that
(a)
any racing track arrangement authorisation or
permit or licence have the recognition or approval of the
Authority when it is not the case; or
(b)
any activity carried out by any person or provided
by the racing track operator, driver, trainer or club has the
recognition or approval or is conducted with the co-operation or
assistance of the Authority when it is not the case; or
(c)
any activity is being carried out in or from Malta
in accordance with the regulatory framework applicable to
horse racing arrangements or services when the relevant
arrangement is not certified or the relevant service provider is
not registered under the Act, or similar statements based on the
circumstances from time to time, and in case of breach such
person shall be guilty of an offence under this article.
(2)
In relation to persons recognised by the Authority, the
provisions of sub-article (1) shall not apply when an advertisement or
other representation is issued with the prior written consent or
instructions of the Authority, or is permitted in general guidelines
issued by the Authority on the subject matter, and shall constitute an
offence only if a misrepresentation is made regarding the Authority, or
any recognition granted by it, to racing track operator, driver, jockey,
trainer or club.
(3)
Where the name, trade name, trademark or the designation
of any racing track operator, driver, jockey, trainer or club appears in
relation to a representation referred to in sub-article (1) or (2), that
person shall be deemed for the purposes of this article to have caused
the representation to be made unless such person proves that the
representation was made without his knowledge or connivance.
(4)
A person convicted under this article shall be liable in
accordance with this Act, unless provided otherwise by or under this
Act or any special law which the Authority is entitled to enforce, to an
administrative fine which shall not exceed the amount of two thousand
five hundred euro (€2,500) for each breach and twenty-five euro (€25)
for each day during which failure to observe the provisions of this Act
or of any regulation made thereunder persists.
The Authority shall be exempt from any liability for the
payment of income tax, duty on documents and transfers, and customs
and excise duty, under any law for the time being in force.
Part IX
Administrative Review Tribunal
(1)
The Administrative Review Tribunal shall be
competent to hear and determine appeals from decisions of the
Authority as provided in this Act or in any law or regulations.
(2)
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 and the words "public
administration" in the said enactment shall be construed as a reference
to the Authority.
(1)
Unless otherwise provided by law, an appeal shall lie
to the Tribunal from a decision of the Authority made under this Act,
any other decisions that the Authority may take under any other
special law which the Authority is entitled to administer or enforce,
and any decision taken by or on behalf of Government or by any
public authority in relation to or having a substantial bearing on
services or arrangements.
(2)
The right of appeal to the Tribunal shall be competent to any
person aggrieved by the decision
Provided that in any case, a person making an appeal to the
Tribunal shall also explain his juridical interest in impugning the
decision appealed from.
(3)
An appeal from a decision of the Authority shall be made by
application and shall be filed with the Secretary of the Tribunal within
twenty (20) days from the date on which the said decision has been
notified.
(4)
There shall be a right of appeal from decisions of the
Tribunal to the Court of Appeal in accordance with the provisions of
Part IV of the Administrative Justice Act.
(1)
Without prejudice to the provisions of this Part, the
procedure to be followed in relation to appeals against administrative
fines imposed by the Authority shall be regulated by the provisions of
this article.
(2)
A person who is notified with a notice in writing given
under article 35(3) may, within twenty (20) days from the date of such
notification, lodge an appeal before the Tribunal objecting to the
administrative fine so fixed.
(3)
The Tribunal shall not annul an administrative fine as
aforesaid unless it results to it that such fine could not at law be
imposed in the circumstances of the case, or could not at law be fixed
in the amount established by the Authority due account being given to
the principle of proportionality.
(4)
The Tribunal shall, without delay, set down the appeal for
hearing at an early date, which date shall in no case be later than forty
(40) days from the date of service of the appeal on the Authority.
(5)
The appeal, and the notification of the date fixed for
hearing, shall be notified to the Authority without delay, and the
Authority shall file its reply thereto within twenty (20) days from the
date of the notification of the appeal.
(6)
The decision of the Tribunal upon an appeal referred to in
sub-article (2), confirming the imposition of a fine established by the
Authority or reducing any such fine, shall upon becoming res judicata
be deemed to be a decision of the Tribunal.
(7)
There shall be a right of appeal on points of law to the Court
of Appeal (Inferior Jurisdiction) in terms of the Administrative Justice
Act to any of the parties to the proceedings before the Tribunal.
In determining an appeal the Tribunal shall take into
account the merits of the appeal, and may, in whole or in part, confirm
or annul the decision appealed from, giving in writing the reasons for
its decision and shall cause such decision to be made public and
communicated to the parties to the appeal.
(1)
The Tribunal shall endeavour to determine an appeal
expeditiously.
(2)
The Tribunal may, in order to assist it in the exercise of its
functions, appoint independent and impartial experts to advise it on
any issue that may be relevant to any appeal lodged before it. In such
cases the Tribunal shall be entitled to make both provisional and final
orders in respect of the payment of the costs and fees of such experts
by any of the parties to the appeal.
(3)
The Minister may, subject to the provisions of this Act, by
regulations prescribe the procedure to be followed before the Tribunal,
and subject thereto and to any other provisions of this Act, the
Tribunal may regulate its own procedure.
(1)
The decision of the Authority, pending an appeal
whether before the Tribunal or the Court of Appeal, shall stand and
shall be adhered to by all the parties to whom the decision applies.
(2)
The Tribunal or the Court of Appeal, as the case may be,
where it considers it to be appropriate, may, on the application of a
party to the appeal, suspend in whole or in part the decision which is
the subject of the appeal pending the final determination of the appeal.
The Tribunal or the Court of Appeal in deciding whether or not to
suspend the decision shall state its reasons and shall take into account
all the relevant circumstances, including -
(a)
the urgency of the matter;
(b)
the effect on the party making the request if the
application for suspension is not upheld; and
(c)
the effect on the integrity of racing if the
application is upheld
Provided that a party, in making an application under this
article, shall state the factual and legal grounds establishing a prima
facie case for the suspension of the decision. The Tribunal or the Court
of Appeal, as the case may be, shall on receipt of any such application
order the notification thereof to the other party or parties to the appeal
affording them reasonable opportunity to make their response thereto
Provided further that the Tribunal, in determining any such
application, may include such conditions as it considers necessary in
the circumstances.
Part X
Miscellaneous
(1)
The Minister may, acting on the advice of the
Authority, make regulations to give effect to the provisions of this Act,
or to prescribe anything that is to be or which may be prescribed in
terms of this Act, any special law which the Authority is entitled to
administer or enforce or any other regulatory instrument and provide
for any matter consequential, incidental to or connected therewith.
(2)
Without prejudice to the generality of the foregoing, the
Minister may, by such regulations
(a)
regulate recognition and authorisation processes
under this Act or any other special law which the Authority is
entitled to administer or enforce; and the overall requirements
and conditions for such recognition and authorisations, their
grant, amendment, renewal, suspension, revocation and
termination and other similar actions;
(b)
regulate persons involved in activities regulated
by or under this Act or any other special law which the
Authority is entitled to administer or enforce; and all matters
related thereto including the exemption of certain persons or
categories of persons from any or all requirements of
recognition and authorisations;
(c)
establish methods of review relating to the
processes and procedures adopted by the Authority in carrying
out its functions;
(d)
lay down any penalties for any breaches of the
provisions of this Act and for such purpose such regulations
may impose punishments in respect of any breach, not
exceeding a fine (multa) of twenty-five thousand euro
(€25,000) and not exceeding one thousand five hundred euro
(€1,500);
(e)
implement any international convention or any
EU Regulation or Directive, to the extent necessary, to which
Malta has adhered to in the context of the horse racing sector;
(f)
lay down rules establishing any licence, fees and
tariffs which may be levied by the Authority in relation to the
recognition of any arrangements or services under the
provisions of this Act or any special law which the Authority is
entitled to administer or enforce;
(g)
to prescribe administrative fines for breaches of
any regulations made under this Act, and for this purpose such
regulations may impose administrative fines not exceeding
twenty five thousand euro (€25,000) and not exceeding daily
fine of one thousand five hundred euro (€1,500);
(h)
lay down rules for the better carrying out of any
of the provisions of this Act; and
(i)
lay down rules which are to apply to the operation
of the horse racing track; and determine, in the particular case,
the manner in which the rules applicable to drivers, owners and
others involved in the horse racing industry.
(3)
The Minister may direct or authorise the Authority to
establish all necessary details to meet any of the above requirements
and conditions by way of guidelines and other binding regulatory
instruments to be issued by the Authority under article 6 which shall
be ancillary to or independent of any regulations made under the above
powers.
(4)
Regulations made under this Act, and any amendment or
revocation of such regulations, may be published in the English
language only.
In this Act and in any regulations made thereunder, if there
is any conflict between the English and Maltese texts, the English text
shall prevail.
* (1)
The following provisions of the Racecourse Betting
Ordinance shall be repealed
(a)
articles 4 and 5; and
(b)
paragraphs (a) to (c), (e) and (f) of article 14.
(2)
The provisions of this article shall only come into force on
such date as the Minister responsible for sport may, by notice in the
Government Gazette, prescribe.
*Not yet in force.