Gaming Definitions Regulations, 2018

L.N. 242 of 2018

GAMING ACT

(CAP. 583)

Gaming Definitions Regulations, 2018

IN exercise of the powers conferred upon him by article 12 of

the Gaming Act, the Parliamentary Secretary for Financial Services,

Digital Economy and Innovation, in consultation with the Malta

Gaming Authority, has made the following regulations:-

The title of these regulations is the Gaming Definitions

Regulations, 2018.

In regulations made under the Gaming Act, unless

otherwise expressly stated therein

"the Act" means the Gaming Act;

"ADR" means alternative dispute resolution;

"ADR entity" means any entity, however named or referred to,

which is established on a durable basis and offers the resolution of a

dispute through an ADR procedure and that is listed in accordance

with the Consumer Alternative Dispute Resolution (General)

Regulations;

"agent" means a person acting for and on behalf of another

person;

"amusement machine" means any type of machine through

which a game may be played via an electronic display, made available

for use by players in a gaming premises by an operator on a consistent

basis, whether or not it is operated by the insertion of money or token,

whether or not a successful player receives or is offered a prize, and

where the exclusive purpose of such a machine is for amusement and

not for gambling purposes;

"ancillary gaming supply" or "ancillary supply" means a gaming

supply other than material supply;

"authorisation" means a licence, approval, certificate,

recognition notice or similar instrument issued by the Authority

authorising a person to provide a gaming service, gaming supply or a

key function, and "authorised person", "authorisation holder",

"authorised game" and "authorised gaming premises" shall be

construed accordingly;

"Authority" means the Malta Gaming Authority established by

the Act;

"binding instrument" means an act, document or other

pronouncement of the Authority having binding effect on those to

whom it is addressed, as may be prescribed by or under the Act, and

shall include the conditions attached to an authorisation;

"Board" shall mean the Board of Governors of the Authority;

"Chairperson" means the Chairperson of the Authority and

includes the deputy chairperson or another person appointed to act as

chairperson in circumstances established in the Act or as decided by

the Board;

"Chief Executive" means the chief executive officer of the

Authority appointed in accordance with the Act;

"commercial communications" means text, images, sound or

any other medium transmitting information, designed to promote,

directly or indirectly, the goods, services, image or brand of a person

pursuing a licensable gaming activity, and for the avoidance of doubt,

this also includes product placement and any emerging advertising

techniques, and "advertisement" and "promotion" shall have the same

meaning;

"commercial communication game" means a licensable game

organised with the purpose to promote or encourage the sale of goods

or services, and which does not constitute an economic activity in its

own right, and where any payments required to be made by the

participant serve only to acquire the promoted goods or services and

not to participate in the game, although it may be a condition that a

person purchases the promoted goods or services in order to

participate in the game;

"common account" means an account held with a credit,

financial and, or payment institution licensed in a Member State of

the European Union or the European Economic Area;

"confidential information" means any and all information,

whether written or otherwise, whether in electronic form or

otherwise, and whether or not described specifically by the person

disclosing it as confidential, which is related to or connected with the

commercial operation of the disclosing person, but shall not include

information that

(a)

is in the public domain;

(b) is or becomes generally available to the public other

than as a result of its disclosure by the recipient in breach of

confidentiality;

(c)

was available to the recipient on a non-confidential

basis prior to disclosure by the disclosing party; or

(d) was, is or becomes available to the recipient on a

non-confidential basis from a person who, to the recipient’s

knowledge, is not bound by a confidentiality agreement with the

disclosing party or is otherwise prohibited from disclosing the

information to the recipient;

(e)

was lawfully in the possession of the recipient

before the information was disclosed to it by the disclosing

party;

(f)

the parties agree in writing is not confidential or

may be disclosed; or

(g) is developed by or for the recipient independently of

the information disclosed by the disclosing party;

"consumer" shall have the meaning prescribed by the Consumer

Affairs Act;

"controlled gaming premises" means any premises intended to

make available for use, to host or operate one or more gaming

devices, but shall not include premises in which gaming is carried out

in virtue of a concession by Government, or premises in which the

only gaming which is carried out consists in tombola games;

"controlled skill game" shall be a skill game which requires a

stake to enable participation and, or offers the possibility of winning a

prize of money or money’s worth and which shall be a licensable

game;

"corporate group" means, a group of bodies corporate all

established in the European Economic Area, or otherwise structured

in a manner which provides equivalent safeguards, in which a parent

entity exercises control to the extent of over ninety percent over other

bodies corporate in the same group, whether by way of shareholding

or voting rights;

"critical gaming supply" or "critical supply" means a material

supply which is -

(a)

indispensable in determining the outcome of game

or games forming part of the gaming service; and, or

(b) an indispensable component in the processing and,

or management of essential regulatory data;

"cruise casino" means a casino on board a cruise ship;

"cruise ship" means a passenger ship used for pleasure voyages

with a minimum of three ports of call in three different jurisdictions

which may or may not include Malta, having its own amenities, that

include lodging facilities for all passengers, and a minimum capacity

of one hundred and fifty (150) passengers

Provided that ferry boats used for transporting passengers

and, or cargo shall be excluded from this term;

"directorate" means a division of the Authority as may be

established from time to time;

"economic activity" means any activity which by its nature is or

could be carried out for the purpose of making a profit, whether or not

such profit is for philanthropic or other fundraising purposes;

"essential regulatory record" or "essential regulatory data"

means the minimum set of data that must be maintained for regulatory

purposes in relation to players, players’ financial transactions

(deposits and, or withdrawals), players’ gaming transactions and, or

operator’s gaming revenues;

"exempt game" means a game prescribed to be such by the

Minister in regulations;

"financial year of the Authority" means a period from 1 January

to 31 December of a year;

"game" means a game of chance or a game of skill;

"game of chance" means an activity the outcome of which is

determined by chance alone or predominantly by chance, and

includes activities the outcome of which is determined depending on

the occurrence or outcome of one or more future events;

"game of skill" or "skill game" means an activity the outcome of

which is determined by the use of skill alone or predominantly by the

use of skill, but excludes a sport event, unless otherwise established

by or under the Act;

"gaming" means an activity consisting in participating in a

game, offering a gaming service or making a gaming supply, and shall

be construed accordingly depending on the context;

"gaming device" means any device or object, including any

electrical, electronic, or mechanical device, any gaming table, ticket

or any other thing, that is used or is by its nature intended for use as

part of a gaming service or in connection therewith in order to allow a

player to place a wager, and, or to obtain the outcome of a game in a

gaming premises;

"gaming premises" means any premises accessible to the public,

which is used or intended to be used for players to participate in a

gaming service;

"gaming premises operator" means an operator that provides its

gaming service in gaming premises;

"gaming sector" means the economic sector focused on the

provision of gaming services and gaming supplies and other services

and goods in connection therewith or related thereto;

"gaming service" means making a game available for

participation by players, whether directly or indirectly, and whether

alone or with others, as an economic activity;

"gaming supply" means a supply, directly or indirectly, of a

good or service, in relation to a gaming service, which is either a

material gaming supply or ancillary gaming supply, but does not

include provision of a key function;

"gaming system" means the totality of gaming devices, gaming

software and related systems, services and facilities connected

therewith, used or by their nature, their assembly and combination

intended to be used as part of a gaming service or in connection

therewith, in a gaming premises;

"gaming table" means a gaming device which is

(a)

designed or adapted in such a way that requires it to

be controlled or operated by an individual employed or

otherwise engaged for that purpose by the gaming premises

operator; and, or

(b) designed or adapted for use in connection with a

game the arrangements for which are controlled or operated by

an individual;

"junket" means an arrangement the purpose of which is to

induce any person resident outside Malta, selected or approved for

participation therein, to come to a gaming premises in possession of a

concession issued by Government for the purpose of playing

licensable games and pursuant to which, and as a consideration for

which, any or all of the costs of transportation, food, lodging, and

entertainment for the said person is directly or indirectly paid by the

authorised person operating the gaming premises;

"junket event" means a Type 3 gaming service event, with

specific start and end dates, organised within a gaming premises in

possession of a concession issued by Government as a competition

between players, which, in view of its nature, profile and prestige is

able to induce high quality players to such gaming premises to

compete in said event, and which has been specifically approved as

such by the Authority;

"junket leader" means a person whose function is the promotion

and organisation of junkets, who may be the authorised person itself,

but who is not part of the junket group;

"key function" means an important function, role or task carried

out by a person in connection with a gaming service or a gaming

supply, as may be prescribed by or under any regulatory instrument;

"licence" means a gaming service licence or a critical gaming

supply licence in terms of the Gaming Authorisations Regulations, L.N.

2018. 2018, and "licensee" and "licence holder" shall be construed

accordingly;

"licensable game" means a game which is not an exempt game;

"limited commercial communication game" means a licensable

game organised with the purpose to promote or encourage the sale of

goods or services and which includes a stake and a prize limited to the

amounts prescribed in the Gaming Authorisations Regulations, 2018; L.N.

2018. "low risk games" shall be the licensable games listed in the Fifth

L.N. 243 of

Schedule of the Gaming Authorisations Regulations, 2018;

2018. "Malta" has the same meaning as is assigned to it by article 124

of the Constitution of Malta;

"material change" means a significant change in the ownership

and, or management structure of the authorised person or a significant

change in the gaming system and, or key technical set-up of such

authorised person, as may be determined by the Authority in a

regulatory instrument;

"material element of a game" means an element of a game

determining or having a substantial impact on the outcome of a game;

"material information" means any information, the absence of

which may impair a person’s ability to make an informed decision, or

which may cause a person to take a transactional decision which a

player would not have otherwise taken, and which shall include any

requirements, benefits, time frames and restrictions

Provided that "material information", in the context of

information provided by an operator to players, and "material

information" provided to the Authority shall be construed

accordingly;

"material supply" or "material gaming supply" means a gaming

supply of such importance that any weakness or failure in its

provision could have a significant impact on the operator’s ability -

(a)

to meet the operator’s obligations under the Act and

all applicable regulatory instruments; or

(b)

to manage the risks related to such supply; or

(c)

to continue in business;

and the term "material supply" shall include a "critical supply";

"means of distance communication" includes any means which

may be used for the communication, transmission, conveyance and,

or receipt of information, and, or or for the conclusion of a contract

between two or more persons, without the simultaneous physical

presence of those persons, including but not limited to

(a)

the internet;

(b)

telephone;

(c)

radio;

(d)

television;

(e)

any other means of communication, transmission,

conveyance and, or receipt of information by wire, radio, optical

means, electromagnetic means or by any other electronic means

or technology; or

(f)

any other means which the Authority may by

binding instrument determine;

"Minister" means the Minister responsible for the gaming

sector;

"minor" means a physical person under the age of eighteen

years;

"money and, or money’s worth" includes, without limitation,

currency accepted as legal tender in the jurisdiction or jurisdictions of

its issue, virtual currencies, units of value, tokens of value, goods,

services and any form of property which may be traded, sold,

converted into, or otherwise exchanged for money, goods or services;

"National Lottery games" means the Grand Lottery, Super 5 and

Lotto, in the form envisaged in the National Lottery licence as well as

any variation of any of the said National Lottery Games;

"National Lottery licence" means a licence granted by the

Authority in virtue of a concession by the Minister granted under

article 11(3) of the Act, to operate the National Lottery games and

such other games as authorised by the Authority, and subject to such

terms and conditions therein, and "National Lottery licensee" shall be

construed accordingly;

"non-profit game" means a game wherein over ninety percent

(90%) of the net proceeds are forwarded to an entity with a charitable,

sporting, religious, philanthropic, cultural, educational, social or civic

purpose;

"operator" means a person who carries out a gaming service;

"passengers" means persons who are registered as passengers on

a cruise ship for a particular voyage;

"pathological gambler" means a person who is certified by a

competent medical professional as unable to resist impulses to

gamble;

"player" means an end customer who participates or takes

preparatory steps to participate in a game;

"player’s account" means a record kept by the licence holder,

which record shall at all times be accessible to the player, which

shows the player’s credit against such licence holder, taking into

account all wagers placed and all prizes won by such player and any

other debits or credits as may be permitted by these regulations or

approved by the Authority;

"player funds" means player’s money and money’s worth held

by an operator under an arrangement made between an operator and

the player for the provision of a gaming service and includes, but is

not limited to, funds that the player has the right to withdraw and

funds committed directly by players to games, pending determination

of the outcome of such games;

"player funds account" means an account held by or for or on

behalf of an operator with a licensed credit, financial and, or payment

institution in which player funds and, where applicable, prize float,

are kept;

"Player Support Unit" means the unit set up under article 18 of

the Act and regulation 15 of the Gaming Player Protection

2018. Regulations, 2018;

"premises" means any place, including any building, open-air

space, vessel or aircraft, and whether accessible to the public or not;

"premises accessible to the public" means premises that may be

accessed by or visited by the public, whether for free or for a charge,

and includes private clubs where memberships are given or sold for

the privilege of belonging thereto and accessing the premises;

"prize" means the reward of money or money’s worth offered to

one or more participants in a game in accordance with the rules of the

game;

"public place" means a physical space that is generally open and

accessible to the general public, and includes public squares, parks,

beaches, roads, streets as well as privately owned buildings or

property visible from public thoroughfares;

"qualifying interest" means the minimum direct or indirect

shareholding, financial investment or financial contribution to the

share capital or working capital of an entity, or the minimum

percentage of voting rights in an entity, as may be prescribed by the

Minister;

"recognition notice" means a notice issued by the Authority

whereby an authorisation issued by another Member State of the EU

or the EEA, or a State which is deemed by the Authority to offer

safeguards largely equivalent to those offered by Maltese law, is

recognised as having the same effect as an authorisation issued by the

Authority for the purpose of providing a gaming service, gaming

supply and, or key function in or from Malta;

"regulatory data" means data which an authorised person is

obliged to compile, retain and, or report to the Authority by or under

the Act or any other regulatory instrument;

"regulatory instrument" means the Act, regulations made under

the Act, and the Authority’s binding instruments;

"relevant person" means a person who must satisfy the fit and

proper requirements in terms of regulatory instruments;

"sponsorship" means a contractual relationship between an

operator and a sponsored party under which the operator provides

financing or other support to any organisation, event, team or

individual for a charitable, sporting, religious, philanthropic, cultural,

educational, social or civic purpose, in order to establish an

association between the operator’s image or brands, in return for

commercial communications or other benefits;

"stake" means money or money’s worth that is or must be

committed in order for a player to participate in a game, whether or

not it is risked directly on a result of the game;

"terms and conditions" means the rules which apply to the game

and the playing of the game by the player;

"tombola game" means a game of chance, also known as

"bingo" in which the player uses a tombola scoresheet or a tombola

scorecard or an electronic representation thereof bearing numbers,

and is played by marking or covering numbers from one (1) to ninety

(90), both numbers inclusive, as are identical to numbers drawn by

chance, whether manually or electronically, and won by the player

who first marks or covers the "line" which is achieved when, during

one game, for the first time all five numbers on one horizontal row on

one scorecard are drawn; or the "house" or "bingo" which is achieved

when, during one game, for the first time all the fifteen numbers on

one scorecard are drawn, and shall include variations of such game;

"unified self-exclusion database" means the online system

created by the Authority accessible to gaming premises operators,

whereby all persons requesting to be excluded from gaming are

inputted and saved;

"unsolicited commercial communication" means direct

marketing in any form to a person that did not request it and, or with

whom the sender does not have an ongoing commercial or contractual

relationship;

"vulnerable person" means any person who is known to have a

gambling problem, any person whose social circumstances may make

him or her more susceptible to problem gambling, or any person who,

by virtue of a defect in the capacity of will and understanding, is

rendered more susceptible to problem gambling, and this shall

include players who are undergoing a period of self-exclusion,

persons who have been diagnosed by medical professionals as being

pathological or otherwise problem gamblers, persons who are

currently seeking treatment for problem gambling and persons under

the influence of alcohol or drugs.

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