SPORTS GOVERNANCE AND INTEGRITY ACT

CHAPTER 626

SPORTS GOVERNANCE AND INTEGRITY ACT

AN ACT to provide for the regulation of Sports Governance and

Integrity and the establishment of an Authority to be known as the Authority

for Integrity in Maltese Sport, to support the development and

implementation of the objectives described in this Act and to promote

consistent principles to uphold the principles of good governance and defend

the integrity of Maltese sport and to exercise regulatory functions and

perform related services and to make provision with respect to matters

ancillary thereto or connected therewith.

30th July, 2021

27th June, 2023 *

ACT LIV of 2021, as amended by Acts VIII and IX of 2024.

The short title of this Act is the Sports Governance and

Integrity Act.

(1)

In this Act, unless the context otherwise

requires

"Academy" and, or "Sports School" means an organisation of a

commercial nature having the scope of providing training to athletes

*Articles 31 to 37, paragraphs (a), (b) (i) and (ii), (c), (d) (ii), (iv) and (v) and (e) of

sub-article (1) of article 76 came into force.

under the age of sixteen (16), with the aim of providing an adequate

ambience for their development and with the objective of

encouraging participation of the aforementioned minors in events

organised by the respective national sports organisations;

"Act" means the Sports Governance and Integrity Act, and

includes any regulations and rules made, and guidelines issued,

thereunder;

"advisory committee" means an

advisory

committee

established in accordance with article 30;

"anti-doping conventions" means the Council of Europe Anti-

Doping Convention and the International Convention Against

Doping in Sport of UNESCO;

"Association" or "National Association" means an association

of clubs on a national level which group together for the purpose of

promoting a particular sport or for organising competitive games in

such sport;

"athlete" means any person who competes in sport at the

international level as defined by each international federation or at

the national level as defined by each national association, and any

person who participates in sport under the authority of any country,

government, or other sports organisation;

"athlete support person" means coach, trainer, manager, agent,

team staff, official, medical or paramedical personnel, parent or any

other person working with, treating or assisting an athlete

participating in or preparing for a sports competition;

"Authority" means the Authority for Integrity in Maltese Sport

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 Directors of the Authority

composed of the Chairperson and members appointed in accordance

with the provisions of article 5(3);

"CAS" means the Court of Arbitration for Sport, which serves

as an international arbitration and appeals tribunal for matters related

to sport, which has its seat in Lausanne, Switzerland;

"Chairperson" means the Chairperson of the Authority as

appointed in accordance with the provisions of article 5;

"Chief Executive Officer" means the Chief Executive Officer

of the Authority appointed in accordance with the provisions of

article 13(2);

"club" means an association of persons, whether in the form of

a civil partnership, or a commercial partnership or otherwise, in

which individuals constitute themselves in or form part of an

association mainly for the purpose of engaging or organising sport

activities;

"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(5);

"directorate" means any directorate established in accordance

with the provisions of article 29;

"employee" means a person employed by the Authority;

"European Federation" means an association of national

associations or federations which acts as the governing body of a

sporting discipline in Europe and of which the Maltese national

association or federation is a member;

"Federation" or "National Federation" means an association

being mainly an association of a number of National Associations of

the same sport activity or of associated sport activities;

"international federation" means an association of national

associations or federations which acts as the governing body of a

sporting discipline worldwide and of which the Maltese national

association or federation is a member;

"licence" means a permit granted by the Authority to

operators, without prejudice to the definition of this term, in order to

run and administer a sports facility;

"licence holder" means a person who holds a permit issued in

terms of this Act;

"Maltese Olympic Committee" means the Maltese Olympic

Committee established on the 9th June 1928;

"Minister" means the Minister responsible for sports;

"operator" means any natural or legal person who operates and

manages a sports facility. The term "operator", as used in this Act,

and unless the context otherwise requires, may mean any of the two

kinds of natural or legal persons, as hereunder

(a)

a registered person or government entity who

holds an authorisation, permit or licence from the Authority

in accordance with the provisions of this Act; or

(b)

a private entity or person who operates sports

facilities who, though not obliged to register with the

Authority in accordance with the provisions of this Act, elects

to apply for a licence;

"person" includes a body of persons and any other body

corporate established by law;

"prohibited substances" means prohibited substances or

methods as defined in the WADC;

"recognition" means the formal recognition by the Authority

which is sought with reference to the suitability of licence holders

and others involved in the operation of sports facilities to continue to

be licensed for the relevant period 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;

"Register" means the Register of Sport Persons referred to in

Part VII;

"registered person" means a person registered in the Register

of Sport Persons under Part VII;

"sport" includes all forms of physical or mental activity which,

through casual or organised participation or through training

activities, aim at expressing or improving physical and mental well-

being, forming social relationships or obtaining results in competition

at all levels, but excludes those activities held for therapeutic or

clinical purposes or are part of the activities of health institutions or

health centres, and includes any other activity as the Minister may

from time to time and after consultation with SportMalta prescribe;

"SportMalta" means the body established in accordance with

article 4 of the Sports Act;

"sports facilities" means enclosed areas of sports pavilions,

outdoor stadiums, gymnasiums, fitness centres, boxing arenas,

swimming pools and sea-bound waterpolo pitches, snooker and

billiard halls, bowling alleys, athletics facilities, artificial or natural

turf pitches, and other similar places where athletes and other persons

assemble to engage in physical exercise, participate in athletic

competition, or witness sporting events;

"sport governance" means the exercise of power, with

consideration given to influence, authority, and the nature of decision

making in sport at club, national and international level. This

includes the creation of policies, the setting up of structures and the

administration of sport at grassroot, amateur and professional level

from their technical, physical, financial and organisational aspects,

whether in or out of competition and in the organisation of sporting

competitions and events;

"sport integrity" means the manifestation of the ethics and

values which promote the confidence of the public in sport, including

fair and honest performances and outcomes by athletes and athlete

support persons, unaffected by illegitimate enhancements or external

interests, and positive conduct by athletes, administrators, officials,

and other athlete support personnel, both in and out of competition,

which enhances the reputation and standing of the sporting contest

and of sport overall;

"sports school" means an undertaking, organisation or

enterprise, by whomsoever owned or managed, the main function of

which is to educate on a full-time or part-time basis in any particular

sporting discipline or sporting disciplines;

"testing" means the parts of the doping control process

involving test distribution planning, the sample collection from an

athlete, sample handling, and sample transport to a laboratory;

"Tribunal" means the Administrative Review Tribunal

established by article 5 of the Administrative Justice Act;

"undesirable person" means a person who

(a)

has been convicted of a crime, wherever

committed

(i)

against the safety of the Government in

terms of articles 55, 56, 57, 58 and 59 of the Criminal

Code; or

(ii)

against public safety in terms of articles

311, 312, 313, 314, 315, 316 and 317 of the Criminal

Code; or

(iii)

specified in the Schedule to the

Extradition Act, and liable to a term of imprisonment

of more than three (3) years; or

SPORTS GOVERNANCE AND INTEGRITY

(iv)

against

the

Prevention

of

Money

Laundering Act; or

(v)

in violation of articles 307, 308, 309, 310,

311, 312, 313, 314, 315 of the Companies Act, or in

violation of article 191 of the Criminal Code; or

(vi)

against Sub-Titles IVA and B of Title IX

of Part II of Book First of the Criminal Code; or

(vii) against the Prevention of Corruption in

Sport Act; or

(viii) against the laws or by the courts of

another country with respect to the crimes

substantially equivalent to those specified in sub-

paragraphs (i), (iv), (v) and (vii);

(b)

is the subject of sanctions or restrictions issued

by the United Nations, the European Union or other

international governmental body of which Malta is a member

and which are adopted or applied by the Government in terms

of the National Interest (Enabling Powers) Act, and, or any

other applicable law, and this for such time as such sanctions

remain in force;

(c)

is the subject of an international arrest warrant or

of a European Arrest Warrant or is otherwise wanted by

INTERPOL or by another equivalent trans-national police

organisation, and this for such time as he so remains;

(d)

is insolvent or bankrupt and unable to pay his

debts as they fall due;

(e)

being a legal entity, the director, the

administrator or other officer or the controlling shareholder of

which is

(i)

an undesirable person, or

(ii) in case of a director or officer disqualified

to be a director of a company in terms of the

Companies Act or of a similar law of a jurisdiction of

which the director or officer is a national or a resident

and this for as long as such person remains so

disqualified;

"WADA" means the World Anti-Doping Agency, being a

foundation constituted under the Swiss Civil Code in Lausanne on 10

November, 1999;

"WADC" or "Code" means the World Anti-Doping Code first

adopted by WADA on 5 March, 2003, and any other subsequent

amendments;

"whereabouts" means information provided by selected

athletes about their location to either the national association or

federation, or an international federation governing their practised

sporting discipline or the Authority, which has included such athletes

in their respective registered testing pool as part of the selected

athletes’ responsibilities.

(2) The Minister, acting on the advice of the Authority, may

by regulations, and the Authority, with the consent of the Minister,

may by guidelines, clarify any definition in sub-article (1) or provide

additional definitions in support of the definitions in sub-article (1).

PART II

Objectives of the Act

The Government shall, through the establishment of the

Authority, seek to regulate the recognition of sports organisations by

the Government and sports integrity issues in collaboration with

sports persons and other relevant stakeholders, to ensure that all

persons involved in the provision or in the practice of sport in Malta

respect those rules, regulations and policies and for upholding the

principles of good governance, fair play and equality across the

sporting community, and shall have as its objectives

(a)

the regulation of Maltese sport, ensuring to keep

and update a register for sports persons and establish criteria

based on the principles of transparency and integrity for the

eligibility of government funding by registered national

associations, federations, clubs or any other person organising

and running sports events in Malta;

(b)

the achievement of the highest possible

regulatory standards for the establishment and operation of

premises and facilities being used for sporting purposes;

(c)

the establishment and continued scrutiny of the

status of athletes, coaches and other officials whether

professional or amateur, in collaboration with the relevant

national associations and federations;

(d)

the running of a national anti-doping programme

in full respect of the Council of Europe Anti-Doping

Convention and the International Convention Against Doping

in Sport of UNESCO, to which Malta is a signatory, the World

Anti-Doping Code and the International Standards set-out by

the World Anti-Doping Agency, in order to achieve fair and

honest sporting performances and results, without the use of

performance-enhancing and prohibited substances or methods

SPORTS GOVERNANCE AND INTEGRITY

as defined by the WADC;

(e)

the establishment and administration of the

Sports Integrity Unit, as envisaged by Part II of the Prevention

of Corruption in Sports Act, in order to help stakeholders fight

against the manipulation of sports competitions;

(f)

the establishment of rules and policies in order

to ensure that registered sports persons implement regulations

and policies within their regulatory frameworks that promote

and regulate sports integrity issues, such as good governance

principles in administration, anti-doping, anti-manipulation,

the protection of children and other sports integrity principles;

(g)

the creation and implementation of education

programmes on sports integrity issues, for all persons,

particularly children in schools, in order to instil the principles

of sports integrity in future generations; and

(h)

the representation of the interests of national

sport in international fora and the exchange of relevant

information with international competent authorities to

safeguard the public interest and sport integrity.

The Government shall determine Malta’s policies and

objectives with regard to integrity in Maltese sport 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 the

Authority for Integrity in Maltese Sport, the affairs and business of

which shall be carried out by a Board of Directors, consisting of a

Chairperson and six (6) other members, who shall be persons of

integrity and 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, which shall be nominated entirely by the

Minister, except for the member described in paragraph (b), shall

consist of

(a)

a Chairperson and five (5) other members

nominated by the Minister; and

(b)

a member nominated by the Maltese Olympic

Committee.

(4) The Minister and the Maltese Olympic Committee shall

appoint members to the Board, in accordance with sub-article (3),

who have experience and knowledge in sport integrity issues.

(5) 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.

(6) The number of members present at meetings of the

Board necessary to form a quorum shall be the Chairperson or

Deputy Chairperson and two (2) other members, but, subject to the

presence of a quorum, the Board may act notwithstanding any

vacancy amongst its members.

(7) The Board may also designate a suitably qualified

person to act as a secretary, but the secretary shall not have a vote.

(8) 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.

(9) 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, by means of

regulations made under this Act, collect as fees or otherwise.

(10) The Board may make its own rules and regulate its own

procedure.

(11) 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)

is an elected or appointed executive committee

member, or an employee of a national association or

federation, or club; or

(d)

fails the due diligence checks as may be

established by order of the Minister from time to time; or

SPORTS GOVERNANCE AND INTEGRITY

(e)

is serving or has served a period of ineligibility

from being an athlete, athlete support person, official or

administrator due to disciplinary sanctions in relation to either

doping or sports corruption; or

(f)

is an undesirable person.

(12) 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)

upon his resignation; or

(c)

upon his death; or

(d)

if any circumstances arise that, if he were not a

member of the Board, would cause him to be disqualified for

appointment as such.

(13) 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.

(14) 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.

(15) 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.

(16) 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. 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.

(17) 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.

(18) Subject to the other provisions of this Act and to any

directions of the Board, the executive conduct of the Authority, its

administration and organisation and the administrative control of its

officers and employees, shall be the responsibility of the Chief

Executive Officer, who shall also have such other powers as may

from time to time be delegated to him by the Board. The Chief

Executive Officer shall also be responsible for the implementation of

the objectives of the Authority and the exercise of its functions and,

without prejudice to the generality of the foregoing, he shall develop

the necessary strategies, policies and regulations for the

implementation of the objectives of the Authority, advise the Board

on any matter it may refer to him or on any matter which he considers

necessary or expedient, and perform such other duties as the Board

may assign to him from time to time.

(19) The Chief Executive Officer shall have the right to attend

all the meetings of the Board. He shall not, however, have a vote or

be counted for the purpose of constituting a quorum.

(1)

It shall be the purpose of the Authority to

achieve the principles and objectives outlined in Part II.

(2) It shall also be the duty of the Authority to exercise such

regulatory functions in sports integrity as may from time to time be

assigned to the Authority by any 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

SPORTS GOVERNANCE AND INTEGRITY

responsible

(a)

to develop and implement policies and strategies

for the furtherance of its objectives and functions, to initiate,

encourage and facilitate research and development in relation

to sport governance and sport integrity, in particular good

governance in sport administration, anti-doping, prevention of

corruption in sports competitions and the safeguarding of

children;

(b)

to develop and implement educational

programmes in sport integrity or sport governance for all

persons;

(c)

when so directed by the Minister, to represent

the Government internationally or regionally in matters related

to sport governance and sport integrity as may be designated

by the Minister;

(d)

to collect and distribute information, and provide

advice, on matters related to the activities of the Authority;

(e)

to consult and co-operate with the Maltese

Olympic Committee, national associations, national

federations, clubs, athletes, athlete support persons and other

officials on matters relating to the promotion and safeguarding

of sport governance and sport integrity;

(f)

to raise money and to administer and expend

money appropriated by the House or otherwise received from

other sources;

(g)

to provide advice on matters related to sport

governance and sport integrity to persons, bodies or

associations involved in sport;

(h)

to establish and act as the Maltese National Anti-

Doping Organisation, and carry out its functions according to

the objectives and obligations set out by the Council of Europe

Anti-Doping Convention, the International Convention

Against Doping in Sport of UNESCO, the World Anti-Doping

Code and its international standards, and the Anti-Doping

Regulations that may be made from time to time;

(i)

to co-operate with national and international

sporting organisations with the aim of fostering a sporting

environment that is run according to good governance

principles, is free from the unsanctioned use of performance

enhancing drugs and doping methods, that respects the

unpredictability of the sporting outcome of a competition and

that safeguards children who are active in sport;

(j)

to establish and act as the Sports Integrity Unit,

and carry out its functions as stipulated by Part II of the

Prevention of Corruption in Sport Act;

(k)

to issue, amend and revoke, a certificate of

registration to bona fide sports bodies, entities and other

persons who qualify for registration with the Authority under

the provisions of this Act and keep a register of such registered

bodies, entities or other persons;

(l)

to draw up, develop and amend, from time to

time, a Code of Ethics, including the setting of minimum

standards, to be followed by local sports administrators,

athletes, athlete support persons and officials, and sport

organisations;

(m)

to recognise criteria established by the relevant

National Associations or Federations, and in the absence of

such established criteria, to devise criteria for determining the

status of athletes, coaches and other officials or administrators

as amateur, professional or otherwise;

(n)

to monitor and keep under review and evaluate

all practices, operations and activities relating to sport

governance and sport integrity;

(o)

to regulate the activities, levels of service and

standards of sport facilities, including sport schools, and any

type of enterprise or undertaking providing training services or

other sport services;

(p)

to regulate the standards of maintenance,

management, safety, levels of service and operation of sport

facilities;

(q)

to issue, amend and revoke licences to sports

organisations or third-party operators in order to establish and

operate sport facilities, including sport schools, and any type

of enterprise or undertaking providing training services or

other sport services;

(r)

to inform any authority or entity 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 person under the

remit of this Act;

(s)

to publish guidelines on the interpretation of this

Act and the regulations made, and directives issued,

thereunder;

(t)

to do anything in furtherance of its objectives

and to perform such other functions as may devolve upon it

under any other law or as may from time to time be assigned to

it by the Minister.

(4) In the exercise of its function in accordance with sub-

article (3)(k) and (q), the Authority shall establish such criteria, terms

and conditions for the provision of such assistance as it considers

appropriate.

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

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

impartial, transparent and timely manner and to ensure compliance

therewith. 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.

(6) 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.

(7) The Authority shall, in the carrying out of its functions,

seek to ensure that the measures taken are proportionate 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 the 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

Ministerial direction, the Board shall respect the principles reflected

by the policy direction given to it by the Minister.

(c)

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 or the Chief Executive Officer

Provided that the Board and the Chief Executive Officer

may appoint 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.

(4) The Authority may engage or employ persons to

perform services for the Authority and may enter into any agreement

to exercise any of its functions through an agency or services of any

person.

(5)

The Authority may

(a)

obtain commercial sponsorship for the Authority

and participate in marketing arrangements involving the

endorsement by the Authority of products and services

associated with sport;

(b)

arrange for the manufacture and distribution,

whether for profit or otherwise, of any article or thing bearing

a mark, symbol or writing that is associated with the

Authority; and

(c)

provide, whether for profit or otherwise, goods

and services to persons using, or otherwise attending at any

facility being used by the Authority.

(6) The Authority may charge or impose such reasonable

fees in respect of

(a)

access to, or use of, any of its resources or

facilities;

(b)

the provision

of

programmes,

services,

information or advice;

(c)

the admission of persons to events or activities

conducted 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 any other person appointed to act

as Chairperson, shall have an initial vote and, in the event of an

equality of votes, a casting vote.

(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 amongst 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(11).

(1)

The Board may establish committees, composed

of at least one (1) member 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 shall also establish the committees required

to be composed either by this Act, by the Anti-Doping Regulations,

by the Prevention of Corruption in Sport Act, or by any other special

law which requires the Authority to establish such committees.

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 the subject

matter of which falls within its competence and shall seek to reflect

such elements in its policies and administration.

PART IV

Officers and Employees of the Authority

(1)

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.

(2) The Chief Executive Officer shall be appointed for a

period not exceeding three (3) years, and such period may be

extended for further periods not exceeding three (3) years each

Provided that until the first Chief Executive Officer is so

appointed the Minister may for a period not exceeding six (6) months

appoint an individual to perform the functions of Chief Executive

Officer.

All officers and employees of the Authority, including

the Chief Executive Officer, 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.

(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 the House 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

Provided that any subvention received from Government

shall be exempted from any liability for the payment of income tax

and duty on documents under any law for the time being in force.

(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.

SPORTS GOVERNANCE AND INTEGRITY

(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 provision therefor has been made in the estimates

approved as provided in article 19.

(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 another;

(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.

The Authority shall be exempt from any liability for the

payment of tax on income, from customs duty and from any duty on

documents and transfers.

PART VI

Directorates and Advisory Committees

(1)

The Board may, with the concurrence of the

Minister, establish separate directorates within the Authority for the

purpose of ensuring the better performance by the Board of any or all

of its functions. Such directorates shall be accountable to the Board

and shall be subject to the overall supervision and control of the

Chief Executive Officer. Each of any such directorates shall be

headed by a person appointed by the Board with the concurrence of

the Minister for a period not exceeding three (3) years and such

period may be extended for further periods not exceeding three (3)

years each.

(2) The Board may delegate to such directorates and require

them to perform such of its functions under such conditions as the

Board may deem appropriate. The Board may at any time withdraw,

in whole or in part, any such delegation of functions.

(3) Subject to the foregoing provisions of this article and to

any rules made from time to time by the Board, the directorates may

regulate their own proceedings.

(1)

The Minister may, from time to time by Order in

the Gazette, appoint an advisory committee or committees as may be

specified in such Orders. An advisory committee shall, for the better

carrying out of the provisions of this Act, advise the Authority on

such matters as the Minister may specify in the Order.

(2) The members of the advisory committee shall be

appointed by the Minister and shall hold office for such period and on

such terms and conditions as the Minister may deem appropriate.

Each advisory committee shall consist of one (1) Board member

representing the Authority as Chairperson and such other members as

the Minister may deem fit to appoint.

(3) The provisions of article 5(11) to (15) shall mutatis

mutandis apply to the advisory committees.

(4) Each advisory committee shall keep a record of all its

meetings and shall forward copies of such records to the Authority.

Subject to the provisions of this Act, each advisory committee can

regulate its own proceedings.

PART VII

Register of Sports Persons

(1)

No person, association of persons, partnership,

civil or commercial, or other entity recognised according to law shall

be entitled under this Act to any assistance or benefit from any

Ministry, Government Authority, Agency, Entity, Foundation or

Company, in which the Government holds a controlling interest, or to

make use of or acquire under any title any sport facilities or land for

use as a sports facility from the Government unless it is registered in

the Register of Sport Persons in accordance with the provisions of

this Part, is of good standing and complies with such regulations as

may from time to time be prescribed.

(2) Without prejudice to any other provision of this Part, in

order to register in terms of the previous sub-article, an association of

persons, partnership, civil or commercial, or other entity recognised

according to law has to be duly registered in accordance to law with

the relative local competent authority

Provided that no association of persons, partnership,

civil or commercial, or other entity recognised according to law,

having sport as one of its aims or objectives, shall be registered by

any competent authority in Malta, including the Malta Business

Registry or the Commissioner for Voluntary Organisations, as a sport

organisation or having sport as one of its objects or aims, without the

prior approval of the Authority.

(3) Registration under this Part may be effected by

submission of an application form to the Authority for registration in

the form as may be prescribed with the accompanying documents as

specified in the regulations prescribed for such registration

Provided that all sports persons already registered in the

Register prior to the coming into force of this Act, shall be deemed to

be registered with the Authority.

(4) The Authority shall, on submission of the required

application form and accompanying documents, and on being

satisfied that the applicant is eligible for registration, register the

applicant in the Register of Sport Persons. The Register may consist

of such parts as the Authority may from time to time determine for

the purpose of distinguishing the nature of the registered person.

(5) Upon registering the applicant, the Authority shall,

through the Chief Executive Officer, issue a certificate of registration

to the registered person. Registration in the Register shall not exempt

the registered person from complying with any other provision of

law.

(6) The Authority may refuse to register an applicant in the

Register if it appears to it that the applicant does not satisfy the

requirements under this Act or the relative regulations, and in so

doing shall state the reasons for such refusal.

(7) When the applicant for registration is a national

association or federation claiming to represent a particular sport

discipline or associated sport disciplines, the Authority shall, before

registering the applicant, ensure that such association or federation is

recognised as such by the international organisation representing

such sporting discipline or disciplines, and can show to the

satisfaction of the Authority that it enjoys affiliation of at least

seventy-five per cent (75%) of clubs and academies in Malta

practising the respective sporting discipline or disciplines at that

point in time.

(1)

The Maltese Olympic Committee as well as the

Malta Paralympic Committee shall be registered immediately in the

Register without any further formality.

(2) The Minister may from time to time on the

recommendation of the Authority designate such federations or

associations that shall be registered in the Register, without any

further formality. Any federation and association so designated shall

be registered by the Authority in the Register without any further

formality. A list of such federations and associations so registered

shall be published without delay in the Gazette.

(1)

All national associations and federations shall be

non-profit making. Subject to the provisions of this Act and to any

regulations made thereunder, clubs, whether companies or non-profit

making organisations, associations and federations, as well as such

other entities that are or may be required to be registered with the

Authority under this Act shall be regulated by their Statute. All clubs

which are non-profit making, associations and federations shall be

organised in a democratic manner in accordance with the provisions

of their statute that shall ensure the equal access of participation in

sport, democracy in electing the committee members and

accountability of the members taking decisions on behalf of the

organisation

Provided that clubs that are constituted as companies or

commercial partnerships, although not being bound to be organised in

a democratic manner, shall respect their constitution according to the

law under which they shall have been constituted.

(2) For the purpose of sub-article (1) an organisation shall

be deemed to be "non-profit making" if

(a)

the organisation does not have a systematic aim

to make profit;

(b)

the statute of the organisation prohibits the

distribution of any of its assets, whether of a capital nature or

of a revenue nature or otherwise, to its members, founders,

sponsors, donors, and except by way of bona fide salaries,

wages or honoraria, to its administrators; and

(c)

in the case where the organisation carries out an

economic activity, including economic activities deriving from

other legal structures it may own from time to time, this is to

be done as an ancillary activity for the purpose of or in

connection with assisting the organisation to carry out its main

objects and purposes in accordance with its statute.

Where, in the opinion of the Authority, a person fails to

observe any of the applicable criteria, terms or conditions established

in connection with any assistance given by a Government entity to

such person, or in connection with the use of any sport facilities

granted to it by the Government or by SportMalta, or otherwise fails

to comply with the provisions of this Part, the Authority may institute

instructions to any Government entity providing assistance to that

person to

(a)

withhold the provision of any assistance or

benefit to that person;

(b)

demand a refund of any financial assistance

provided to that person;

(c)

terminate any agreement with regard to any

sports facility; and

(d)

exercise any other right or remedy according to

law.

Any document or information required to be filed with

the Authority in accordance with article 31 and with regulations made

under article 38(2) (g) and (h) shall be available to the public, and

any person may inspect and obtain copies of such documents and

may require them to be certified by the Chief Executive Officer of the

Authority.

(1)

The Authority may by letter of authority signed

by the Chief Executive Officer appoint one or more inspectors to

investigate the affairs of any registered person and to report thereon

in such manner as the Chief Executive Officer shall direct in the

following cases

(a)

on the specific request of the administrators or

managers of the registered person, or following a resolution of

the appropriate organ of the registered person in accordance

with its statute;

(b)

where the registered person is not complying

with any conditions or obligations relative to any assistance or

benefit enjoyed by it or arising from any use of any sports

facility granted to it under any title by any Government entity;

(c)

where the registered person has not applied

funds or benefits received from any Government entity for the

purposes for which such funds or benefits were intended;

(d)

where the registered person has been dissolved

or wound up according to law.

(2) The Authority may also, in the instances referred to in

sub-article (1)(a) to (d), give advice to or otherwise assist the

competent organs of the registered persons and may, moreover,

appoint an administrator or administrators to carry out such functions

and exercise such powers in relation to the administration of the

assets of the registered person as well as in relation to its operations

and management as the Authority may direct.

(3) In the case of a demand or request for the voluntary

dissolution and consequential winding up of a registered person, the

competent organ of the registered person that is competent to take the

decision to wind up that person shall, prior to ordering the dissolution

or resolving to dissolve or wind up that registered person, notify the

Authority of such demand or request. On being notified with such a

request or demand, the Authority shall, through persons appointed for

the purpose, give directions aimed towards the settlement of disputes

and endeavour to find a solution with the purpose of favouring the

continued viable existence of the registered person and may for such

purpose appoint provisional administrators to carry out such

functions and exercise such powers in relation to the administration

of the assets of the registered person as well as of its operations and

management.

(4) For the purpose of carrying out their functions in

accordance with the provisions of this article, the Authority, the

provisional administrators and the inspectors shall have the right to

request information and obtain documents from any person. The

inspectors shall for such purpose have the right to apply before the

Civil Court, First Hall to request such court to summon witnesses to

appear before them to give evidence and produce documents at such

time and date and at such place indicated by the inspectors in their

application. The inspectors shall have the power to administer the

oath to any person appearing before them.

(5) In the case of a demand for the winding up by the Court

of a registered person, the Court taking cognisance of such demand

shall, prior to ordering the dissolution and winding up of the

registered person give such directions, including where it deems it

necessary or useful to appoint a provisional administrator, for the

purpose of settling any disputes related to the registered person and

of finding a solution aimed at the continued viable existence of the

registered person. For the purpose of carrying out his functions such

administrator may exercise such powers in relation to the

administration of the assets and operations and management of the

registered person as the Court upon his appointment, or subsequently,

may confer upon him.

(6) When

the

registered

person

dissolving

or

consequentially winding up is either a company established under the

Companies Act, or is not a non-profit making organisation but such

organisation has been established under a different Act, or other

legislation, with its main objective and function being the practice of

one or more sporting disciplines, sub-articles (1) to (5) shall not

apply, and such organisation shall be dissolved or wound up

according to the rules set out in the legislation under which it has

been established

Provided that in this particular case the Authority shall

have the right, by letter of authority signed by the Chief Executive

Officer, to appoint one or more inspectors in order to obtain all

necessary information, from any person appointed by law to oversee

such dissolution or consequential winding up of that organisation, to

make sure that the Authority, other Government entities falling under

the remit of the Minister, all other registered persons and Maltese

sport are not adversely affected by such dissolution or consequential

winding up. The inspectors appointed by the Authority for this

purpose shall be given all the information and given access to all

documentation necessary in order for the Authority to achieve its

aims under this sub-article.

The Minister may, after consultation with the Authority,

make regulations for the purposes of giving effect to this Part of the

Act, and may also without prejudice to the generality of the aforesaid

by such regulations provide for

(a)

criteria for registration, processes for

registration, granting of legal personality to any organisation

distinct from that of its members, the setting up of the

Registry, and administrative fees;

(b)

those categories of persons, partnerships or other

entities that may be registered in the appropriate part or parts

of the Register;

(c)

the requirements of any person, partnership,

company or other entity, academy, sports school or federation

or association not already mentioned in this Part of the Act to

qualify for registration;

(d)

the conditions to be complied with by any such

persons, partnerships, companies or entities so qualifying for

continued registration;

(e)

subject to the provisions of any applicable law

relating to the protection of personal data, the power of the

Authority to require such information, including information

relating to organisations registered or affiliated with registered

associations and federations and their officials, and in so far as

this may be useful in the formulation of a national sport policy

and inventory, information relating to athletes;

(f)

the power of the Authority to suspend, terminate

or withdraw the registration at any time, of the partnership,

company or entity that is in breach of any regulations under

this Act, or where circumstances arise where such body, entity

or other person would have not qualified for registration;

(g)

the filing by registered persons of annual audited

accounts, containing a balance sheet and other financial

statements indicative of the operations and financial standing

of such registered person, in such form and with such content

as may be prescribed;

(h)

the filing with the Authority of any amendments

to the statute of a registered person, and any returns notifying

any changes in the management or administration,

representation and offices of such registered person; and

(i)

the requirements for any registered person to be

granted assistance and benefits from Government entities.

SPORTS GOVERNANCE AND INTEGRITY

PART VIII

Sports Integrity

(1)

The Minister shall, after consultation with the

Authority, make regulations empowering the Authority to adopt and

implement anti-doping rules and policies which make sure that Malta

conforms with the Anti-Doping Conventions, the WADC and the

International Standards set out by the same WADC.

(2)

The regulations shall, as a minimum, contain the

following

(a)

all anti-doping rule violations arising from the

Code;

(b)

the procedures in relation to testing and

investigation of athletes and their whereabouts information, in-

competition and out-of-competition and the authorisation to

the Authority to carry out testing and investigations and ask

for athletes’ whereabouts;

(c)

the procedure in relation to the attainment of a

therapeutic use exemption, the establishment of an

independent Therapeutic Use Exemption Committee to decide

on such requests and appeals from the Committee’s decisions;

(d)

the procedures in relation to the collection and

analysis of samples collected from athletes and the

authorisation to the Authority to collect and analyse such

samples;

(e)

rules and procedures in relation to results

management pertaining to samples collected from athletes;

(f)

the establishment of a National Anti-Doping

Disciplinary Panel and a National Anti-Doping Appeals Panel,

and the rules of procedure for cases of anti-doping rule

violations and the standard of proof required;

(g)

the sanctions to be imposed on athletes and

athlete support persons and the consequences to teams as

provided for by the Code;

(h)

rules and procedures in relation to

confidentiality, public disclosure and data privacy in relation

to testing and investigations, the collection and analysis of

samples and the publication of decisions of the Committee

established in paragraph (c) and the Panels established in

paragraph (f);

(i)

procedures as to the implementation of the

decisions of the Committee established in paragraph (c) and

the Panels established in paragraph (f); and

(j)

provisions as to the establishment of an

educational programme and research by the Authority on anti-

doping.

(3) Any person who is found to have administered or allowed

to be administered prohibited substances, with intent, to an athlete

whilst acting as that athlete’s support person, or any person who is

found to have trafficked prohibited substances, or who is found to

have allowed the use, provision or trafficking of prohibited

substances in a sports facility, shall on conviction be liable to

imprisonment for a term of not less than three (3) months but not

exceeding ten (10) years or to a fine (multa) of not less than five

hundred euro (€500) but not exceeding twenty-five thousand euro

(€25,000) or to both such imprisonment and fine.

(1)

Registered national associations and federations

may be in charge of anti-doping activities as defined in the

regulations prescribed by sub-article (2), provided that they obtain a

permit, for a period not exceeding five (5) years, from the Authority

to run such anti-doping activities. The Authority shall grant such

permit if it is satisfied that the requesting national association or

federation’s regulations and procedures are fully compliant with the

Code.

(2) The Minister may, after consultation with the Authority,

make regulations prescribing the procedure for the attainment of a

permit, and the consequences as to the decision taken by the

Authority to grant or refuse a permit under sub-article (1).

(1)

The Authority shall cooperate with other

relevant national organisations and agencies and other international

anti-doping organisations by promoting reciprocal testing of athletes

and anti-doping education between anti-doping organisations.

(2) There shall be a National Compliance Platform Against

Doping in sport, coordinated by the Authority, which shall be

composed of the national stakeholders which are mostly affected by

the risk of doping, which shall share information and best practices

and collaborate in the fight against doping.

(3) The Minister shall, after consultation with the Authority,

make regulations as to the composition of the National Compliance

Platform and the powers that are to be granted to this platform in

order to achieve its objectives

Provided that the National Compliance Platform shall

contain at least one (1) representative each from the Authority, the

Superintendence for Public Health, the Ministry responsible for

sport, the Police, SportMalta, and the Maltese Olympic Committee.

(1)

The Authority shall plan, implement, evaluate

and promote anti-doping education in line with the requirements of

the International Standard for Education of the Code.

(2) The Authority shall act as the authority on anti-doping

education in Malta.

All Board members and employees of the Authority, and

of any national association or federation in possession of a permit to

run anti-doping activities according to article 39, who are involved in

any aspect of doping control, shall be bound by this Act and any anti-

doping regulations made under this Act.

The Authority shall cooperate fully with WADA and

other anti-doping organisations in connection with investigations

conducted and shall respect the operational independence of

laboratories as provided in the International Standard for

Laboratories of the Code.

(1)

The Authority shall act as the Sports Integrity

Unit prescribed by Part II of the Prevention of Corruption in Sport

Act and shall carry out its functions according to that Act.

(2) There shall be a National Platform for the Prevention of

Corruption in Sport, coordinated by the Authority, which shall be

composed of the national stakeholders which are mostly affected by

the risk of corruption in sport, which shall exchange information and

best practices and collaborate in the fight against corruption in sport

with other national and international organisations and public

authorities.

(3) The Minister shall, after consultation with the Authority,

make regulations as to the establishment, the composition and the

distinct legal personality of the National Platform against Corruption

in Sport and the powers that are to be granted to this platform in order

to achieve its objectives

Provided that the National Platform shall contain at least

one (1) representative each from the Authority, the Malta Gaming

Authority, the Police, the Ministry responsible for sport, the Ministry

responsible for the home affairs, the Maltese Olympic Committee,

and the Malta Football Association.

(1)

The Authority shall conduct research on how to

better prevent corruption in sport, and shall assist all registered

national associations and federations in implementing regulations and

policies in order to protect those associations and federations from

the threat of corruption in their respective sporting disciplines.

(2) The Authority shall plan, implement, evaluate and

promote educational programmes for all persons in Malta on the

subject of anti-manipulation of sports competitions.

(3) National associations and federations shall organise

educational programmes for their athletes, athlete support persons,

officials and administrators on the subject of anti-manipulation of

sports competitions and shall be assisted by the Authority in the

implementation of such educational programmes.

(1)

Ministries, Government Authorities, Agencies,

Entities, Foundations and Companies in which the Government holds

a controlling interest, shall not provide or grant any type of sports-

related assistance or benefit to any athlete, athlete support person or

any other person, both legal and natural, whenever such athlete,

athlete support person or any other person is serving a period of

ineligibility for anti-doping rule violations and, or sport corruption

violations following a definitive decision by the National Anti-

Doping Disciplinary Panel, the National Anti-Doping Appeals Panel,

any disciplinary board pertaining to a national association or

federation or of a European or international federation, the CAS, or

any other competent tribunal, panel or judicial authority around the

world competent in dealing with anti-doping rule and, or sport

corruption violations according to this Act, any regulations

prescribed by this Act, regulations of national or international

associations and, or federations or the Code.

(2) Government Authorities, Agencies and Entities

empowered by law to grant permits or authorisations to any person or

body corporate for the staging of a sporting event in Malta, including

the Police, shall not grant such permit or authorisation, whenever

such event shall feature the participation of one or more persons who

are currently serving a period of ineligibility for anti-doping rule

violations or sport corruption violations according to sub-article (1).

(3) Prior to issuing a permit or authorisation to any person

or body corporate for the staging of a sporting event in Malta, the

Authorities, Agencies and Entities described in sub-article (1),

including the Police, shall request the Authority to confirm that such

event shall not feature the participation of one or more persons who

are currently serving a period of ineligibility for anti-doping rule

violations or sport corruption violations according to sub-article (1).

(4) A permit or authorisation issued following the

provisions of sub-articles (2) and (3) shall include a specific

condition that during such sporting event the Authority may carry out

doping control procedures on the athletes taking part in that event,

prior to, or during, or after the event.

(5) Any person who has been found guilty of an anti-doping

rule violation or a sport corruption violation and is serving a period of

ineligibility for such violation following a definitive decision by the

National Anti-Doping Disciplinary Panel, the National Anti-Doping

Appeals Panel, any disciplinary board pertaining to a national

association or federation or of a European or international federation,

the CAS, or any other competent tribunal, panel or judicial authority

around the world competent in dealing with anti-doping rule or sport

corruption violations according to this Act, any regulations

prescribed by this Act, regulations of national or international

associations or federations or the Code, and had in the two (2) years

prior to such definitive decision received any monetary assistance

related to sport, from any Ministry, Government Authority, Agency,

Entity, Foundation or Company in which the Government holds a

controlling interest, shall return such monies to the entity upon

receiving communication of the definitive decision.

PART IX

Licensing of Sports Facilities

(1)

No person shall operate any premises as a sports

facility, by whatever name it is called, unless there is in respect of

such premises a valid licence for the purpose issued by the Authority

and no person as aforesaid may open or carry on, as the case may be,

any activity for any of the purposes aforesaid unless he is in

possession of a valid licence and a certificate of approval for such

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

conditions as the Authority may deem fit and may restrict the

services and the activities that may be provided or carried on in the

licensed sports facility.

(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 a valid licence or certificate of approval

required by this article.

(5) Any licence or certificate granted under sub-article (1)

shall have a validity of three (3) years from the date on which it is

issued but may be renewed by the Authority for further periods of

three (3) years each, provided that the licensee has complied with the

provisions of this Act and with any regulations made thereunder.

(1)

A person may apply to the Authority, in the

prescribed form, in order to be granted a licence to operate a sports

facility.

(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 applicant 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 under this Act, the Authority

shall issue a Licence Certificate.

(5) 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 licence to be renewed.

(6) 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.

(7) 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.

(8) 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 activity is provided. The licensee

shall provide access to the licence to service users or potential service

users upon request.

(9) The issuing and renewal of a licence shall be without

prejudice to the requirement of any other licence or authorisation

required under any other law.

(10) An authorisation, permit or licence granted by the

Authority cannot be assigned or transferred unless prior consent has

been granted by the Authority.

(1)

The Authority may refuse an application to grant

a licence in terms of this Part if it deems that the applicant or licensed

person is either not fit to carry out the activity regulated by this Act

or does not meet the standards set out by the Authority to operate a

sports facility. 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 ninety (90) days 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 or the Authority realises that the person’s licence

has been renewed when it did not satisfy 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 this 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 article 50(b), (c) or (d) following a report drawn up

by the Chief Executive Officer containing 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

therefor, shall be served on the licensed person by registered mail.

Such revocation shall have effect from the date of service.

(3) If the licence of a licensed person is revoked, the

Licence Certificate and all the records and documentation relating to

that licence shall become the property of the Authority.

During the month of March 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 X

Revocation, Cancellation and Suspension of Registrations

and Licences

(1)

The Authority may at any time revoke, cancel or

suspend certificates of approval in respect of sports facilities or in

respect of an operator 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)

(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 sports

facility is not fit and proper to guarantee the safety of its users;

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 or other permits, in respect of an operator

who manages a sports facility

(a)

if it considers that the persons who assume any

responsibility towards the Authority with reference to the

approved sports facility 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 sports facility 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 sports facility

which is false, inaccurate or misleading; or

(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

sports facility simultaneously with the Authority.

(4) 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.

(5) 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.

(6) 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 53, 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 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 by any condition that

the Authority may impose, the Authority may at its discretion desist

from proceeding any further.

(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.

(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 operators or users of sports

facilities; or

(c)

would result in significant harm to persons using

the sports facility,

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

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) 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 made

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 purposes of this Act.

(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)

Saving the provisions of any other law relating

to the protection of data, 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 its 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 XI

Enforcement and Sanctions

(1)

Without prejudice to the enforcement powers

that it has at law, the Authority may require any registered person or

licensed sports facility operator to provide it with any 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 registered

persons or 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 (3). Such registered person or 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 their 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 sports facility 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, 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

by any requirements made by the Authority under this sub-article, the

Authority may then take any such measures referred to in articles 53

and 54 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) Any persons who are or have been in charge of the

sports facility 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.

(4)

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)

falsely represents himself to be an officer of the

Authority or a person authorised by the Authority to act on its

behalf; or

(c)

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,

shall be guilty of an offence under this article and shall, on

conviction, be liable to a fine (multa) not exceeding two thousand

euro (€2,000), and, in the case of a continuing offence, to a further

fine (multa) not exceeding twenty euro (€20) 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 two thousand euro

(€2,000).

(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.

Where an 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

proceedings being taken against him and sanctioned as if he was

responsible for the said infringement.

The prosecution of a criminal offence or the initiation of

proceedings to impose a sanction 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 four (4) years from the date on

which the offence or 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, 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 date

of 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 registration of a sports person, sports facility

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 sports facility operator 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

registered persons or to sports facilities 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 a licensed operator or registered

person.

(3) Where the name, trade name, trademark or the

designation of any registered person or licensed operator appears in

relation to a representation referred to in sub-articles (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 euro (€2,000) for each breach and twenty euro (€20) for

each day during which failure to observe the provisions of this Act or

of any regulation made thereunder persists.

PART XII

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, a decision of

the Authority made under this Act, or any other decision that the

Authority may take under any other special law which the Authority

is entitled to administer or enforce, or any decision taken by or on

behalf of the Government or by any public authority in relation to or

having a substantial bearing on services or arrangements may be

appealed before the Tribunal.

(2) The right of appeal before the Tribunal shall be available

to any person aggrieved by the decision

Provided that, in any case, a person lodging an appeal

before the Tribunal shall also explain his juridical interest in

impugning the decision appealed therefrom.

(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 sanctions

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 54(5) may, within twenty (20) days from the date of

such notification, lodge an appeal before the Tribunal objecting to the

sanctions so imposed.

(3) The Tribunal shall not annul a sanction as aforesaid

unless it results to it that such sanction could not at law be imposed in

the circumstances of the case, or could not at law be imposed 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 sanction established

by the Authority or reducing any such sanctions, 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 sport or on a sports

facility 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

reply thereto

Provided further that the Tribunal, in determining any

such application, may include such conditions as it considers

necessary in the circumstances.

PART XIII

Miscellaneous

For the purposes of the Criminal Code and of any

provisions of a penal nature, the members of the Authority, and of

any directorate, management committee, advisory committee, and

every officer or employee of the Authority, shall be deemed to be

public officers.

The names of the members of the Authority, of the Chief

Executive Officer, and of the heads of any directorate and members

of any committee established under this Act shall be published in the

Gazette.

(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)

implement any international convention or any

EU Regulation or Directive, to the extent necessary, to which

Malta has adhered to in the context of sports integrity;

(e)

lay down rules establishing any fees 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;

(f)

lay down rules for the better carrying out of any

of the provisions of this Act;

(g)

establish new platforms and, or entities having a

legal personality distinct from its members and from the

Authority.

(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 which shall be ancillary to

or independent of any regulations made under the above powers.

The penalties provided in this Act shall be without

prejudice to the application of the provisions of the Criminal Code or

of any other law.

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.