European Union (preamble—europeanunion)

L.N. 168 of 2008

EUROPEAN UNION ACT, 2003

(ACT NO. V OF 2003)

European Union

(Amendment of Lotteries and Other Games Act) Order, 2008

IN exercise of the powers conferred upon him by subarticle (2) of

article 4 of the European Union Act, the Prime Minister has made the

following Order>-

(1) The title of this Order is the European Union Citation and scope.

(Amendment of Lotteries and Other Games Act) Order, 2008.

(2) The purpose of this Order is to make the necessary

amendments to the Lotteries and Other Games Act (hereinafter referred

to as the “principal act”) in order to bring it in line with the Treaty.

Article 3 of the principal Act shall be substituted with the Substitution of

article 3 of the

following>

principal Act.

“3. (1) Any game which originates from Malta or which

is offered from Malta or which involves a transaction that is

concluded in Malta, which is not an authorised game, or which is

not authorised to be operated under any law in Malta other than

this Act and regulations made thereunder, or which is not authorised

to be operated under any law enacted by a member state of the

European Union or a member state of the European Economic

Area or by any other jurisdiction or territory approved by the

Authority, is prohibited from being played by any person in Malta.

(2) The provisions of subarticle (1) also apply to any

game offered directly or indirectly from abroad or from Malta to

persons in Malta through a means of distance communication”.

Article 5 of the principal Act shall be substituted with the Substitution of

article 5 of the

following>

principal Act.

“5. Any game which is not an authorised game, or which is

not authorised to be operated under any law in Malta other than

this Act and regulations made thereunder, or which is not authorised

to be operated under any law enacted by a member state of the

European Union or a member state of the European Economic

Area or by any other jurisdiction or territory approved by the

Authority, or which is not a game which is operated by the holder

of a permit granted under regulations made under article 78(3) in

terms of such permit, is prohibited from being operated, promoted

or sold by any person in Malta.

Provided that the Authority may impose such proportionate

requirements and conditions, in conformity with European Union

law, as it may deem necessary in fulfillment of its functions under

this Act, or as the Minister may direct the Authority by virtue of

Article 12, in respect of games authorised under any law enacted

by a member state of the European Union or a member state of the

European Economic Area or any other jurisdiction or territory

approved by the Authority.

Provided further that such requirements and conditions shall

be compatible with international obligations.”

Article 7 of the principal Act shall be substituted with the

following>

“7. (1) No person shall place on the market, manufacture,

maintain or supply any relevant gaming device, or any part or parts

thereof, unless such person is in possession of a valid licence to

this effect issued by the Authority or unless such person is exempted

from such licensing requirement in respect of such relevant gaming

device in terms of regulations made under this Act.

(2) An application for a licence to place on the market,

manufacture, maintain or supply a relevant gaming device, or any

part or parts thereof, shall be made in such form and manner

required by the Authority or as prescribed by regulations, and in

granting such licence the Authority may subject it to such

conditions as it may deem appropriate or as may be prescribed by

regulations. The Authority may order the cancellation or suspension

of any such licence in such circumstances as may be prescribed by

regulations or in the said licence.

(3) Any person who places on the market,

manufactures, maintains or supplies, or in any way aids or abets

the importation, manufacture, maintenance or supply of , a relevant

gaming device in contravention of sub-article (1), shall be guilty

of an offence against this Act.”

Article 11, subarticle (g) of the principal Act shall be

substituted with the following>

(g) to regulate by licence the placing on the market,

manufacture, supply and maintenance of relevant gaming devices,

and to ensure that they are secure and satisfactory for the use for

which they are intended<

Article 78, subarticle (2) (c), of the principal Act shall be Amendment of

article 78 of the

substituted with the following>

principal Act.

(c) regulate the placing on the market, manufacture, supply

and maintenance of relevant gaming devices and the use, operation,

control and supervision of gaming devices and any other matter

relating to gaming devices<

Article 78, subarticle (5), of the principal Act shall be

substituted with the following>

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

make regulations to regulate the placing on the market,

manufacture, supply, maintenance, use, operation, control and

supervision of, and other matters relating to, amusement machines

or specified categories of amusement machines or specified

amusement machines and, without prejudice to the generality of

the foregoing provisions of this subarticle (5), he may by such

regulations –

(a) provide that such amusement machines may only

be placed on the market, manufactured, supplied, maintained

and, or operated by a person who holds a licence to this effect

issued by the Authority and subject to such terms and

conditions as may be imposed in any such licence by the

Authority<

(b) regulate the term, issue, suspension and

cancellation of, the fees, duties taxes and, or other sums

leviable under, and other matters connected to, any licence

referred to in subarticle (5)(a)> provided that such regulations

may empower the Authority to prescribe all or any of such

matters itself in the licence<

(c) provide that such amusement machines and, or the

placing on the market, manufacture, supply, maintenance, use

and, or operation thereof be, or be made, under the supervision

of the Authority and of inspectors<

(d) provide for fees, duties, taxes and, or other sums

leviable in respect of the placing on the market, manufacture,

supply, maintenance, use and, or operation of such amusement

machines<

(e) regulate the sale, purchase, placing on the market,

supply and, or manufacture of amusement machines tokens<

(f) prescribe the maximum and, or minimum price to

be paid to play an amusement game<

(g) prescribe the type of premises where such

amusement machines can be kept, operated or used and other

matters relating to such premises and the maximum and, or

minimum number of amusement machines which can be kept,

operated or used in any such premises< and

(h) make any other provision which will ensure that

amusement machines are operated by suitable persons and

that a proper account be held of the activities of such persons

in respect of the operation of amusement machines and that

amusement games are played fairly.

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