National Lottery Gaming Devices Regulations, 2004

L.N. 75 of 2004

LOTTERIES AND OTHER GAMES ACT, 2001

(ACT NO. XXIV OF 2001)

National Lottery Gaming Devices Regulations, 2004

IN exercise of the powers conferred by articles 1 and 78 of the

Lotteries and Other Games Act, 2001, the Minister of Finance and

Economic Affairs, after consultation with the Lotteries and Gaming

Authority, has made the following regulations>-

(1) The title of these regulations is the National Lottery

Gaming Devices Regulations, 2004.

(2) These regulations shall come into force on the 13th

February, 2004.

(1)

In these regulations, unless the context otherwise

requires-

“the Act” means the Lotteries and Other Games Act, 2001<

“Licensable Activity” mean any of the activities of

importing, manufacturing, maintaining or supplying a relevant

gaming device<

“National Lottery Relevant Gaming Device” means a

relevant gaming device used or to be used solely and exclusively

for the purposes of and in connection with the operation of the

National Lottery and, or any other activity authorised in terms

of the National Lottery licence issued at the relevant time.

(2) Any other term or expression used in these regulations

which is defined in article 2(1) of the Act shall, unless otherwise

expressly defined in these regulations or the context otherwise

requires, have the same meaning as is assigned to it in the said article

2(1) of the Act.

(1) Any person performing any licensable activity in

respect of any National Lottery relevant gaming device shall, be

exempt from the requirement to obtain a licence in terms of article

7(1) of the Act, unless the said licensable activity is performed by

the Minister or is procured or requested from other persons by the

Minister for the purposes of such National Lottery relevant gaming

device being used or continuing to be used, after the performance of

such licensable activity, solely and exclusively for the purposes of

and in connection with the operation of the National Lottery by the

Minister in terms of the Act or as contemplated by the latest National

Lottery licence issued in terms of article 26(3) of the Act, including,

without prejudice to the generality of the foregoing, the operation

by the Minister of the National Lottery or any activity authorised in

terms of the said National Lottery licence during any period of

suspension or after expiry or earlier cancellation or termination of

such National Lottery licence as contemplated by the Act or by such

National Lottery licence.

(2) The exemption contained in regulation 4(1) shall also

apply to the performance by a National Lottery licensee, whose

National Lottery licence has been suspended in terms of the Act or

terminated by the expiry of its term or by its earlier cancellation or

termination in terms of the Act or in terms of such licence, of>

(a) the licensable activity consisting of the supply of any

National Lottery relevant gaming devices to the Minister, by

way of permitting the Minister to use the same or by way of a

transfer of the same to the Minister during the suspension or

after the termination of such National Lottery licence as

contemplated by such National Lottery licence, for the purposes

referred to in regulation 3(1) of these regulations< and

(b) any other licensable activity in relation to any

National Lottery relevant gaming devices performed by such

licensee in the course of such licence providing any

maintenance, technical and operational assistance and support

or other services to the Minister during the suspension or after

the termination of such National Lottery licence as contemplated

by such licence, for the purposes referred to in regulation 3(1)

of these regulations.

(3) Any person who is engaged or otherwise requested

by the Minister to perform a licensable activity in respect of a

National Lottery relevant gaming device may rely on the applicability

of and benefit from the exemption granted under the foregoing

provisions of this regulation in respect of such licensable activity if,

prior to performing such licensable activity, he obtains a written

declaration from the Minister that such licensable activity in respect

of such National Lottery relevant gaming device is being procured

or requested for the purposes referred to in regulation 3(1) of these

regulations.

(1) The Authority is empowered, with the prior approval

of the Minister, to exempt all persons or such categories of persons

as may be determined by the Authority from the licensing

requirement under article 7(1) of the Act in respect of all National

Lottery relevant gaming devices or such categories of National

Lottery relevant gaming devices or particular National Lottery

relevant gaming devices as may be determined by the Authority.

(2) The Authority may grant such exemptions by means

of directives issued by it and publicised in such manner as the

Authority may deem appropriate and may, after issuing any such

directive and with the prior approval of the Minister, amend, repeal

or replace the same by means of another directive publicised in such

manner as the Authority may deem appropriate.

(3) Any such directive issued and publicised as aforesaid

shall be deemed to form part of these regulations for all intents and

purposes of law and, in particular but without prejudice to the

generality of the foregoing, any contravention of such directive shall

be deemed to be a contravention of these regulations for the purposes

of regulation 5 of these regulations.

Any contravention of these regulations shall be considered

as an offence and any person guilty of such an offence shall, on

conviction, be liable to a fine (multa) of not more than one hundred

thousand Malta lira.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press