76 tal-2004 - Pubblikazzjoni ta’ Direttiva mill-Awtorità dwar il-Lotteriji u l-Logħob

L.N. 76 of 2004

LOTTERIES AND OTHER GAMES ACT, 2001

(ACT NO. XXIV OF 2001)

Publication of a Directive by the Lotteries and Gaming

Authority

THE Lotteries and Gaming Authority (hereinafter referred to

as “the Authority”) is hereby publishing the following Directive for

the purposes of the Lotteries and Other Games Act, 2001 and of the

National Lottery Gaming Devices Regulations, 2004>

(1)

In this directive, unless the context otherwise Directive by the

Lotteries and

requires>-

Gaming Authority.

“first National Lottery licensee” means Maltco Lotteries

Limited, a private limited liability company registered under

the laws of Malta on 29th October, 2003 with registration

number C32326<

“National Lottery licence” shall have the meaning

assigned to it in article 2(1) of the Act and “First National

Lottery licence” means the National Lottery licence dated 16

February, 2004 and issued by the Minister of Finance and

Economic Affairs to the first National Lottery licensee under

article 26(3) of the Act, being the first National Lottery licence

issued under the said article 26(3) after the entry into force of

Part VI of the Act<

“National Lottery relevant gaming device” shall have the

meaning assigned to it in regulation 2 of the Regulations<

“listed relevant gaming device” means any relevant gaming

device listed in Schedule 1 to this directive<

“the Regulations” means the National Lottery Gaming

Devices Regulations, 2004.

(2) Any other term and expression used herein which is

defined in article 2(1) of the Act or in regulation 2 of the Regulations

shall, unless otherwise expressly defined in this directive or the

context otherwise requires, have the same meaning as is assigned to

it in the said article 2(1) of the Act or in regulation 2 of the

Regulations, as the case may be.

Any person performing any licensable activity in respect

of a listed relevant gaming device shall, by virtue of this directive,

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

7(1) of the Act, unless>

(a) at the time of performance of such licensable activity,

the said listed relevant gaming device qualifies as a National

Lottery relevant gaming device<

(b) the said licensable activity is performed by the First

National Lottery licensee or is procured or requested from other

persons by the First National Lottery licensee for the purposes

of such Listed 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 in terms

of or as contemplated by the first National Lottery licence and,

or any other activity authorised in terms of the said first National

Lottery licence.

For the avoidance of doubt, the exemption contained in this

article 2 of this directive shall be without prejudice to the

requirements for consents or authorisations (whether in respect of

contractors, sub-contractors or employees of the first National

Lottery licensee or other persons) or to the requirements for testing,

repair or maintenance, or to any other requirements or conditions of

the first National Lottery licence, or to the functions or powers of

the Authority or the Minister or the Government of Malta or the

obligations of the first National Lottery licensee under such first

National Lottery licence or under the Act or regulations made

thereunder, which in any way (whether directly or indirectly and

whether generally or specifically) relate to any such listed relevant

gaming devices as aforesaid.

Any person, other than the first National Lottery licensee,

who is engaged or otherwise requested by the first National Lottery

licensee to perform a licensable activity in respect of a listed relevant

gaming device may validly rely on the applicability of and benefits

from the exemption granted under article 2 of this directive in respect

of such licensable activity if, prior to performing such licensable

activity, he obtains a written declaration from the first National

Lottery licensee that the conditions specified in paragraphs (a) and

(b) of article 2 of this directive are satisfied with respect to such

licensable activity and such listed relevant gaming device and if, at

the time of such declaration, such person has no knowledge and has

and ought to have no reasonable cause to believe that the facts stated

on such declaration are false or inaccurate, and such declaration may

be validly relied upon by such person as ‘prima facie’ evidence of

the facts stated thereon and such person shall not be deemed to have

committed a breach of article 7(1) of the Act or an offence against

the Act as contemplated in article 7(3) of the Act if he performs the

said Licensable Activity without a licence in terms of the said article

7(1) of the Act, even though the facts stated on such declaration are

or at any time after the issuance of such declaration become

objectively false or inaccurate>

Provided that if at any time before or during the performance

of such licensable activity such person becomes aware that, or

becomes aware of any circumstances which give him or ought to

give him reasonable cause to believe that, the facts stated on the

said declaration were false or inaccurate at the time of issuance of

such declaration or have become false or inaccurate at any time after

such issuance, such person shall forthwith notify the Authority in

writing of such fact and shall desist from performing or, as the case

may be, from continuing to perform the said licensable activity on

the basis of the exemption granted under article 2 of this directive

and without a licence in terms of article 7(1) of the Act, and he shall

no longer be entitled to rely on the said exemption as provided above

in this article 3 as from the moment that he becomes so aware or

ought to become so aware as aforesaid.

If the first National Lottery licensee issues a declaration as

referred to in article 3 of this directive to any person and at any time

before or during the performance of the licensable activity to which

it relates the said licensee becomes aware that, or becomes aware of

any circumstances which give him or ought to give him reasonable

cause to believe that, the facts stated on the said declaration have

become false or inaccurate at any time after such issuance, then the

first National Lottery licensee shall forthwith notify the person to

whom such declaration was issued and the Authority in writing of

such fact.

The first National Lottery licensee shall not issue any

declaration as referred to in article 3 of this directive to any person

containing facts which are false or inaccurate at the time of such

issuance.

DR. JOSEPH ZAMMIT MAEMPEL LL.D.

Chairman

Lotteries and Gaming Authority.”.

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