PUBLIC LOTTO ORDINANCE

PUBLIC LOTTO

*

CHAPTER 70

PUBLIC LOTTO ORDINANCE

To repeal and to re-enact with amendments the law relating to the Public

Lotto.

8th February, 1932

ORDINANCE II of 1932, as amended by Ordinances: VI of 1938; XXI of

1940, II of 1943, VII of 1946, VII of 1947; Acts: XVII of 1948, VII of 1949,

VII of 1950, XV of 1956; Emergency Ordinances: VI and XIV of 1958;

Ordinance XVII of 1961; Legal Notice 24 of 1962; Ordinance XXV of

1962; Act VI of 1962; Legal Notice 4 of 1963; Act VIII of 1964; Legal

Notice 46 of 1965; Acts: XXXI of 1966, XI of 1971, XVI of 1972; Legal

Notice 148 of 1975; Acts: XIII of 1983, XXVI of 1988, II, VIII and XXIV of

1990, XVI of 1997, VIII of 1998, XI of 2000 and XXII of 2005; and Legal

Notice 408 of 2007.

The short title of this is Ordinance is the Public Lotto

Ordinance.

The public lotto is established as a Government monopoly.

The administration of the lotto is entrusted to the Director

of Public Lotto under such regulations as shall be made from time

to time.

The lotto shall be played with the numbers from one to

ninety inclusively, of which five drawn at random in succession

shall determine the winnings.

The Minister responsible for finance may, from time to

time, make regulations, to be published in the Government Gazette,

for prescribing -

(a) the number of the offices authorized to receive the

stakes;

(b) the day, the hour and the method of conducting the

periodical drawings, as well as the officials whose

presence will be necessary to legalise the same;

(c) the stakes that may be laid on the result of each

drawing;

(d) the amount of the lotto prizes;

(e) the manner and the conditions in or under which stakes

may be accepted;

(f) the day and the hour when stakes must no longer be

accepted;

(g) the number, the duties and obligations of the receivers

of the stakes, and the percentage, or other

*Repealed by Act XVI of 2018

PUBLIC LOTTO

remuneration, which they will be allowed;

(h) all other matters concerning the management of the

public lotto, including any matters the Minister may

deem necessary or expedient to regulate in

consequence of the computerization of the public

lotto;

(i) anything that may or is to be prescribed.

Every ticket shall bear upon the face of it a statement in

Maltese of the proportion of the chances of winning.

(1) The computer discs containing the information

concerning the stakes shall be delivered by the receivers before the

drawing in such place, in the presence of such officials and under

such measures of security as may be prescribed.

(2) If for any cause whatsoever the discs aforesaid are not

delivered as provided in sub-article (1), or if the same are delivered

in a defective state, the stakes therein contained shall be considered

as void, and the person staking shall be entitled to a refund of the

amount staked against the delivery of the ticket.

(1) Notice of all winnings must be given to the Director

within thirty days from the date of the respective drawing.

(2) Moreover, the winner shall present the ticket for

examination and for the payment of the amount due which shall be

made on the date to be fixed by the officer in charge.

The right of claiming winnings shall be barred by the lapse

of thirty days from the date of the respective drawing and a claim

so barred may not be entertained by the Director

Provided that if the last day of a claim period falls on a

Sunday or a public holiday, the period shall be extended until the

first following working day.

The holder of a winning ticket shall not be entitled to

payment -

(a) if the ticket is not whole, or if it contains any alteration

or correction of the numbers registered thereon; or

(b) if it does not tally in all respects with the records

stored in the computer as may be prescribed

Provided that, where the winning ticket is not whole, the

Minister responsible for finance may in his discretion authorise the

payment of the prize if he is satisfied that the part produced

contains the necessary elements to establish the authenticity of the

ticket or that the parts produced are parts of the same ticket and

contain such elements.

PUBLIC LOTTO

(1) (a) Every kind of public lottery or tombola is

prohibited, unless permission has been granted previously by the

Director of Public Lotto. In granting such permission the Director

of Public Lotto may impose such conditions as he may deem

expedient.

(b) For the purposes of this Ordinance the

expression "lottery" shall include any scheme for distributing

prizes under which the recipients or the number or the amounts of

the prizes are set upon the outcome of a future uncertain event or of

a combination of future uncertain events, and which is not

permitted under any specific provision of law.

(2) The following duty shall be levied and collected by the

Director of Public Lotto on behalf of the Government of Malta

(i)

in respect of the issue of a permit for the holding

of each public tombola session, a duty of thirty-

four euro and ninety-four cents (34.94), or such

duty as the Minister responsible for finance may

from time to time by Order in the Gazette

establish;

(ii) in respect of each public lottery a duty

equivalent to twenty five per centum of the

value, established to the satisfaction of the

Director of Public Lotto, of the prize or prizes

offered;

Provided that the Director of Public Lotto may grant

exemption from payment of the duty aforesaid in specific instances

when a public lottery or tombola is promoted and directed by any

society, institute or private person and the net proceeds thereof are

intended for a religious purpose approved by the competent local

Ecclesiastical Authorities, or for a charitable purpose, or for the

furtherance of the Boy Scout or Girl Guide movement, or for the

encouragement of fine arts, or for any other purpose approved in

writing by the Minister responsible for finance.

(3) Any Police officer not below the rank of sub-Inspector, or

any member of the Police Force below that rank duly authorized by

a superior officer, or any other person duly authorised by the

Director of Public Lotto to that effect, may enter any place where

he has reason to believe that a public lottery or tombola is being

held, with the object of seeing whether the provisions of this article

or any regulations made hereunder are being complied with.

PUBLIC LOTTO

(4) No person shall be admitted or allowed to take part in any

public lottery or tombola for the holding of which permission has

been granted as aforesaid, except by means of tickets or cards

which comply with the provisions of any regulations which the

Minister responsible for finance may make from time to time under

this article

Provided that the Director of Public Lotto may, in cases of

permitted public lotteries where no such tickets or cards are

intended to be issued, grant exemption from this requirement on

such conditions as he may deem expedient.

(5) Where permission has been granted under this article for

the holding of public tombolas or lotteries, the Director of Public

Lotto shall have the power to require the person to whom such

permission is granted to produce an account of the receipts and

payments in respect of such lotteries or tombolas, and to verify the

same on oath.

(6) The Minister responsible for finance may make regulations

for securing the payment of duty leviable under this article and

generally for carrying the provisions of this article into effect and

in particular for the supply and use of tickets and stamps or for the

stamping and marking of tickets sent to be stamped or marked by

the Director of Public Lotto and for securing the defacement of

tickets or stamps when used.

(7) Any lottery or tombola held on the premises of any club

shall, for the purposes of this article, be deemed to be a public

lottery or tombola, and the grantee of a permit to hold a public

tombola mentioned in paragraph (i) of sub-article (2) hereof shall

exhibit such permit in a place which is easily accessible for

inspection.

(8) Any person guilty of an offence against the provisions of

this article and of any regulation made thereunder shall be liable to

a fine (multa) of one thousand and one hundred and sixty-four euro

and sixty-nine cents (1,164.69) or double the amount of duty which

should have been paid whichever is the greater.

(9) Where a society or club is guilty of an offence against this

article or any regulations made thereunder, every president,

director, and other officer of such society or club who is knowingly

a party to the offence shall be guilty of an offence and liable to

punishment accordingly.

(10) The Minister responsible for finance may remit or reduce

any penalty to which any person may have become liable under

sub-articles (8) and (9) whenever, in his discretion, he deems that

the circumstances of the case warrant such remission or reduction.

(11) All duties levied and all penalties recovered under this

article shall be paid into the Consolidated Fund.

(12) In the event that any prize in a public lottery or tombola is

not awarded for any reason whatsoever, or remains unclaimed for a

period of one month after the date of the draw, the value of such

prize shall be paid to the Director of the Public Lotto within two

months from the date of the draw, and shall be credited to an

PUBLIC LOTTO

account styled "Unclaimed Public Lottery and Tombola Prizes

Fund"; and any credit balance in the fund, or part thereof, shall be

distributed to philanthropic or charitable organizations or other

deserving causes, or transferred to the Consolidated Fund, as the

Minister may from time to time direct.

(13) The Minister may make regulations by means of which he

may regulate the giving of permits for the opening of offices

wherefrom lotteries may be organized on a regular basis and which

establish the manner of running such offices, the control to be

exercised on such offices and without prejudice to the

aforementioned he may by such regulations

(a) provide that such offices be under the supervision of

the Gaming Board established by the Gaming Act, and

of inspectors appointed thereunder;

(b) provide for the, prevention against money laundering;

(c) establish the tax which shall not exceed such tax

established in sub-article (2) which shall be paid on

games taking place at such offices; and

(d) make any other provision which will ensure that games

are played fairly and that such offices are run by

suitable persons and that a proper account be held of

the activities of such offices.

(1) Clandestine lotto, whatever the manner and the

denomination in or under which it may be conducted, is prohibited.

Such prohibition shall be applicable in the case of any clandestine

lotto conducted with promises of money or other prizes to the

stakers, or by means of the collection of or subscriptions to stakes

laid on combinations of numbers equal or similar to those of the

public lotto.

(2) Any person undertaking clandestine lotto or collecting

stakes thereon as aforesaid, and any person aiding or abetting the

same in any way, shall be liable, on conviction, to a fine (multa) of

not less than four thousand and six hundred and fifty-eight euro and

seventy-five cents (4,658.75) and not more than forty-six thousand

and five hundred and eighty-seven euro and forty-seven cents

(46,587.47) and to imprisonment for a term from six to twelve

months.

(3) Any person laying stakes, not being an accessory as

aforesaid, shall be liable, on conviction, to a fine (multa) of not less

than one hundred and sixteen euro and forty-seven cents (116.47)

and not exceeding four hundred and sixty-five euro and eighty-

seven cents (465.87).

PUBLIC LOTTO

(1) No person, without being authorized to that effect by

the Minister responsible for finance, shall under any title or in any

manner whatsoever act as receiver of lotto stakes.

(2) Any person who offends against the provisions of sub-

article (1) shall be liable, on conviction, to a fine (multa) of not less

than two thousand and three hundred and twenty-nine euro and

thirty-seven cents (2,329.37) and not exceeding eleven thousand

and six hundred and forty-six euro and eighty-seven cents

(11,646.87) or to imprisonment for a term from six to twelve

months or to both such fine and imprisonment.

(1) No person may sell or offer for sale tickets of the

public lotto in any place other than that appointed for the purpose.

(2) Any person who offends against the provisions of this

article shall be liable, on conviction, to a fine (multa) of not less

than fone hundred and sixteen euro and forty-seven cents (116.47)

and not exceeding four hundred and sixty-five euro and eighty-

seven cents (465.87).

(3) Any person staking or purchasing or subscribing to stakes

on tickets, in any place other than that appointed for the purpose,

shall be liable, on conviction, to a fine (multa) of not less than one

hundred and sixteen euro and forty-seven cents (116.47) nor

exceeding four hundred and sixty-five euro and eighty-seven cents

(465.87).

(1) It shall not be lawful to import, sell, distribute or

acquire for the purpose of sale in Malta, foreign lotto or lottery

tickets.

(2) Any person importing, selling, distributing or acquiring for

the purpose of sale, such tickets shall be liable, on conviction, to a

fine (multa) of not less than four thousand and six hundred and

fifty-eight euro and seventy-five cents (4,658.75) and not

exceeding forty-six thousand and five hundred and eighty-seven

euro and forty-seven cents (46,587.47) and to imprisonment for a

term from six months to three years, or to both such fine and

imprisonment.

(3) Any person acquiring, for the purpose of gambling, foreign

lotto or lottery tickets shall be liable, on conviction, to a fine

(multa) of not less than one hundred and sixteen euro and forty-

seven cents (116.47) and not exceeding four hundred and sixty-five

euro and eighty-seven cents (465.87).

Any person found in unauthorised possession of any ticket

of clandestine lotto or of any foreign lotto or lottery shall, without

prejudice to the applicability of any other law, be liable on

conviction to a fine (multa) of not less than one hundred and

sixteen euro and forty-seven cents (116.47).

If the offender against any of the provisions of this

Ordinance is a receiver of lotto stakes or a person in his service the

maximum penalty shall be applied.

PUBLIC LOTTO

Where the person convicted of an offence against the

provisions of this Ordinance is a recidivist, he shall be liable to the

punishment established for the offence of which he is so convicted

increased by one degree. Such increase shall be reckoned in

accordance with the provisions of the Criminal Code.

Where the fact constitutes an offence liable to a higher

punishment according to the Criminal Code, such higher

punishment shall be applied in lieu of the punishment established in

this Ordinance.

(1) All registers, instruments of gaming, tickets, bills,

cards, money, whether it represents the pool or the stakes or the

prize won, the movable or immovable things provided as prizes,

and every other thing relating to the offence, or which has served or

was intended to serve for the commission of the offence shall be

seized and confiscated as against the persons unlawfully

undertaking the lotto, or collecting money for that purpose, or their

aiders and abettors, and from the persons laying stakes.

(2) Where proceedings for an offence under article 15 cannot,

by reason of age or other incapacity, be taken against a person in

whose name a prize in any foreign lotto or lottery has been won,

civil proceedings for the confiscation and forfeiture of the prize

won may, at the suit of the Director of Public Lotto, be taken

against the person having the charge of the person winning the

prize or against curators to be appointed for the purpose: and, if an

order is obtained for such confiscation and forfeiture, the prize or,

where the prize has not yet been paid, the right to collect such prize

shall vest in the Malta Government.

The Court of Magistrates shall be the competent court to

t a k e c o g n i z a n c e o f o ff e n c e s a g a i n s t t h e p r o v i s i o n s o f t h i s

Ordinance.

Any person found in unauthorised possession of -

(a) gaming instruments;

(b) registers normally used in gaming; and

(c) other effects or means normally used for the

undertaking of clandestine lotto like coupons, bills,

cards, matrices, counterfoils, payment tags, or of

clandestine lotto tickets in such a quantity as may

reasonably imply that such person is undertaking

clandestine lotto,

shall be presumed to be undertaking clandestine lotto unless the

contrary is proved.

Every manager and printer of any newspaper, every printer

and distributor of leaflets and every other person, publishing or

causing to be published any foreign lotto or lottery prospectus,

advertisement or drawing, or bringing to the knowledge of the

public the places where subscriptions thereto may be made, shall be

liable, on conviction, to a fine (multa) of not less than one hundred

and sixteen euro and forty-seven cents (116.47) and not exceeding

PUBLIC LOTTO

four hundred and sixty-five euro and eighty-seven cents (465.87).

(1) Without prejudice to the provisions of sub-article (11)

of article 11, all moneys received from the sale of tickets under this

Ordinance shall be paid into the Treasury and shall be credited to

an account to be kept in that department to be styled "Public Lotto

Fund".

(2) There shall be paid out of the Public Lotto Fund, without

the necessity of any further appropriation other than this

Ordinance, the prizes, the expenses of administration and all other

charges connected therewith; and the balance at the end of each

quarter shall be appropriated to the Consolidated Fund of Malta

Provided that if at any time the balance to the credit of the

Public Lotto Fund shall prove insufficient to meet, either wholly or

in part, the payment of prizes, the expenses of administration and

o t h e r c h a rg e s c o n n e c t e d t h e r e w i t h , s u c h b a l a n c e s h a l l b e

supplemented by temporary advances from the Treasury Clearance

Fund of Malta by Warrants under the hand of the Minister

responsible for finance

Provided further that the Minister may out of the Public

Lotto Fund make such contributions or other payments he may

deem appropriate in support of such bodies or organizations, or of

such other causes, as may be prescribed.

(3) A statement of the receipts and expenditure of the Public

Lotto Fund shall, as soon as possible after the close of each

financial year and in any case not later than three months after the

close of such year, be forwarded by the Accountant General to the

Auditor General, and article 65(2) of the Financial Administration

and Audit Act shall apply to such statement.