Remote Gaming (Amendment) Regulations, 2016

L.N. 131 of 2016

LOTTERIES AND OTHER GAMES ACT

(CAP. 438)

Remote Gaming (Amendment) Regulations, 2016

IN EXERCISE of the powers conferred by article 78 of the

Lotteries and Other Games Act, the Minister for the Economy,

Investment and Small Business, after consultation with the Malta

Gaming Authority, has made the following regulations:-

The title of these regulations is the Remote Gaming Citation.

(Amendment) Regulations, 2016, and these regulations shall be read

and construed as one with the Remote Gaming Regulations, S.L. 438.04

hereinafter referred to as "the principal regulations".

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

(a)

immediately after the definition "the Minister",

there shall be added the following new definition

" "monitoring system" means an electronic system,

a computer system or a communication system that is

designed or adapted for use to receive data from or send

data to a licensee’s system, as may be required by the

Authority for the fulfilment of its functions;"; and

(b)

for the definition "qualifying shareholding" there

shall be substituted the following new definition

" "qualifying shareholding" means a direct or

indirect shareholding in a company which represents five

per centum or more of the share capital issued by such

company or of the voting rights attaching to such share

capital or which makes it possible to exercise a significant

influence over the management of the company, provided

that where the rights held as to the percentage of votes, to

profits available for distribution and to rights to assets

available for distribution on a winding up in respect of

such holding are not identical, the highest percentage

figure shall be deemed to be the percentage of equity

holding held, and "qualifying shareholder" shall be

construed accordingly:”

Immediately after regulation 46 of the principal

regulations there shall be added the following new regulation

" Average

46A. (1)

A licensee offering games

return to player.

using repetitively generated random selection

for determining winning combinations to players

shall ensure that, in accordance with the way in

which the game is designed, the licensee shall

pay out on average a prize amounting to ninety

two per centum (92%) or more of the money or

money’s worth wagered, or any such higher

percentage as may be stipulated through a

condition of the licence.

(2) The Authority may issue a directive

regulating the manner in which licensees are

required to report, certify or comply with the

requirements established in this regulation, and,

or exempt types or categories of games from the

requirements of this regulation

Provided that for the purposes of

calculating and ensuring compliance with the

percentage referred to in sub-regulation (1), a

licensee shall take into consideration the

transactions occurring from the 1st of January

2015 onwards.".

Immediately after regulation 49 of the principal

regulations there shall be added the following new regulation

" Information

49A. A licensee shall inform and make

to players.

available and accessible to players at all times,

information relating to any commission or any

fee held by the licensee, or any other fee charged

to the player, and which information shall

include the amount of such commission or fee

held by the licensee or charged to the player.

Provided that the Authority may, for

a transitory period not exceeding twelve months

from the entry into force of this regulation, and

for any cause deemed reasonable by the

Authority, exempt persons holding a licence

from the provisions of this regulation.".

Immediately after regulation 60 of the

principal

regulations, there shall be added the following new Part

"Part XVIII

Monitoring System

61. (1)

The Authority may, at any

Monitoring

system.

time, following consultation with the licensees,

require a licensee, a specific category of

licensees or all licensees to connect any of its

systems to a monitoring system operated by the

Authority, and to maintain such connection at all

times.

(2) In the event that the Authority

imposes the requirement referred to in sub-

regulation (1), the Authority may specify the

specifications necessary for it to be able to, and

the manner in which it shall operate the

monitoring system in directives, and licensees

shall modify or upgrade their systems as

necessary to ensure their compatibility with the

monitoring system and the requirements of the

Authority.

62. (1)

The Authority may use a

Use of

monitoring

monitoring system for

system.

(a)

receiving

reports

or

statements which licensees are obliged to

submit to the Authority in terms of these

regulations, any directive, any other

applicable law or any condition of the

licence;

(b)

monitoring and receiving

information relating to the games and the

gaming operation, including player, game

and financial data as may be required by

the Authority to fulfil its objectives at law;

(c)

investigating the compliance

by the licensee with the Act, these

regulations, any licence conditions,

directives, and any other applicable

legislation, including any laws or

regulations at any time in force for the

prevention of money laundering;

(d)

the compilation of statistics

and analytics in an aggregated format and

research; and

B

(e)

any other purpose required by

the Authority in fulfilling its objectives at

law, or as may be specified in directives

issued by the Authority from time to time.

(2) Any information collected by the

Authority in terms of sub-regulation (1)(d) may

be made available to the public.

(3) The Authority shall not be liable for

any compensation to any person for loss or

damage due to a fault in the monitoring system,

or in the telecommunications system used to

operate the monitoring system.

63. Where the obligations referred to in

Compliance

with the

regulation 61 have been imposed, a licensee

requirements of

the monitoring

shall ensure that its systems, and the means of

system.

distance communication through which its

systems are connected to the monitoring system,

comply with any standards or requirements

established by the Authority, and remain so

compliant throughout the duration of the licence,

and shall not be modified, tampered with, or re-

programmed by any person without the approval

of the Authority.".

Immediately after sub-item (f) of item 6 of the Third

Amends the

Third Schedule

Schedule to the principal regulations, there shall be added the

to the principal

following new sub-item

regulations.

"(g)

information relating to the average winnings paid

out to players of the game over a period of time or a particular

number of plays.".

€0.36