ATT DWAR IL-LOGĦOB (KAP. 583) Regolamenti tal-2018 dwar Awtorizzazzjonijiet għal-Logħob Taqsim tar-Regolamenti Regolamenti

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 20,028, 20 ta’ Lulju, 2018 B 2449

Taqsima B

A.L. 243 tal-2018

ATT DWAR IL-LOGĦOB

(KAP. 583)

Regolamenti tal-2018 dwar Awtorizzazzjonijiet għal-Logħob

Taqsim tar-Regolamenti

Regolamenti

Taqsima I

Titolu u Tifsiriet

1 - 2

Taqsima II

Ħtieġa ta’ Liċenza

3 - 8

Taqsima III

Eliġibilità għal-Liċenza, Kriterji dwar l-Għoti ta’ Liċenza u

Proċedura dwar Liċenzjar

9 - 17

Taqsima IV

Ħtieġa ta’ Awtorizzazzjonijiet Oħra

18 - 22

Taqsima V

Sospensjoni,

Kanċellament,

Terminazzjoni

ta’

Awtorizzazzjoni

23 - 24

Taqsima VI

Tħaris u Infurzar

25 - 26

Taqsima VII

Għoti ta’ Funzjonijiet Ewlenin

27 - 28

Taqsima VIII

Logħob Ieħor

29 - 31

Taqsima IX

Mixxellanji

L-Ewwel Skeda - Kategoriji ta’ Liċenza

It-Tieni Skeda - Logħob Eżentat

It-Tielet Skeda- Provvisti ta’ Logħob Materjali

Ir-Raba’ Skeda - Funzjonijiet Ewlenin

Il-Ħames Skeda - Logħob ta’ Riskju Baxx

Is-Sitt Skeda - Logħob ta’ Abbiltà

A.L. 243 tal-2018

ATT DWAR IL-LOGĦOB

(KAP. 583)

Regolamenti tal-2018 dwar Awtorizzazzjonijiet għal-Logħob

BIS-SAĦĦA tas-setgħat mogħtija bl-artikolu 12 tal-Att dwar il-

Logħob, is-Segretarju Parlamentari għas-Servizzi Finanzjarji,

Ekonomija Diġitali u Innovazzjoni, wara konsultazzjoni mal-Awtorità

ta’ Malta dwar il-Logħob, għamel dawn ir-regolamenti li ġejjin:-

Taqsima I

Titolu u Tifsiriet

The title of these regulations is the Gaming Authorisations

Regulations, 2018.

(1) In these regulations, save as provided in sub-

regulations (2) and (3), all words and phrases shall have the same

meaning as prescribed in the Gaming Definitions Regulations, 2018.

2018. (2) In these regulations, unless the context otherwise requires,

"the Act" means the Gaming Act.

(3) All other terms used in these regulations shall have the

same meaning attributed to them in the Act.

Part II

Requirement of a Licence

(1) No person shall provide or carry out a gaming

service or provide a critical gaming supply from Malta or to any

person in Malta, or through a Maltese legal entity, except when in

possession of a valid licence, or when such person is exempt from the

requirement of a licence under the Act or any other regulatory

instrument.

(2) No person shall offer a licensable game, whether as part of

a gaming service, critical gaming supply or otherwise, unless such

game is approved or otherwise recognised by the Authority.

The Authority shall have the power to issue licences of the

categories set forth in the First Schedule

Provided that where Government policy requires that

certain gaming services may only be provided when in possession of

a Government concession, the Authority shall not issue a licence for

the carrying out of such gaming service unless the applicant is in

possession of a relevant and valid Government concession.

(1) No licence or other authorisation shall be required No licence for

for the provision of a gaming service or a critical gaming supply exempt games.

where such service or supply is carried out solely in relation to

exempt games, provided that the Authority may, where and to the

extent it deems fit and appropriate, nevertheless establish appropriate

regulatory conditions and measures for exempt games or any type

thereof and require and enforce compliance therewith.

(2) Games or categories of games listed in the Second

Schedule shall be deemed exempt games

Provided that in case of doubt as to whether a game shall

be classified within an exempt category of games, the Authority shall

have sole discretion to conclusively determine the matter through a

ruling or other binding instrument

Provided further that the Authority may amend or

substitute any such binding instrument where it deems it justified.

(1) A term of a licence, whether original or renewed, Licence term.

shall be of ten years, unless otherwise prescribed by means of these

regulations

Provided that in the case of a gaming service that requires

a Government concession, if the Government concession is of a

shorter term, it shall be granted for such shorter term.

(2) Any licence renewal shall in all cases be subject to the

continued compliance by the licensee, during the preceding original

or renewed term of the licence, with the provisions of the Act, all

applicable regulatory instruments and all other applicable laws.

(3) Without prejudice to the Minister’s power to vary the

general policy applicable to gaming, no renewal of any licence shall

take place if such renewal is contrary to public interest or public

policy in place at the time of renewal or is reasonably anticipated to

come into place during the proposed renewal term of a licence.

(4) The Authority may, on application, issue a limited duration

licence, the term of which shall be established by the Authority,

provided that the Authority may establish further conditions or

limitations in a binding instrument

Provided that the Authority shall not issue more than four

(4) limited duration licences in any calendar year to any one person,

whether the person is the operator, organiser or the person or entity on

behalf of whom such gaming activity has been organised, or is being

organised.

The Authority is vested with the sole discretion to classify

an activity as a game of chance, a game of skill or otherwise,

provided that such a decision shall be made on the basis of the

considerations listed in the Sixth Schedule, and after taking into

consideration any submissions made by any person operating or

promoting such activity, and any research or publication issued by

any other authoritative source

Provided that the burden of proving that an activity is a

skill game shall rest at all times on the party operating or promoting

such an activity.

The Authority may issue a ruling or other binding

instrument determining that a game is a controlled skill game if the

Authority deems it necessary and, or desirable in line with the

governing principles and in furtherance of the regulatory objectives

established by the Act, and on the basis of the considerations listed in

the Sixth Schedule.

Part III

Licence Eligibility, Licence Grant Criteria, Licensing Procedure

(1) A person who desires to obtain or renew a licence

shall apply to the Authority by making use of the relevant prescribed

forms published by the Authority and shall provide all information,

documentation and assurances required and shall otherwise fulfil all

the licence prerequisites prescribed by the relevant regulatory

instruments in force or otherwise required by the Authority, in line

with the governing principles and in furtherance of the regulatory

objectives established by the Act

Provided that a request for the renewal of a licence shall be

made within the time-frame prescribed by the Authority in any

binding instrument, or in terms of any prescribed procedures or forms

published by the Authority.

(2) Without prejudice to the generality of sub-regulation (1),

the Authority may require from the applicant any information,

documentation and assurances as may be necessary or relevant for the

Authority to examine and determine the suitability of the applicant to

hold a licence, depending on the licence category, type or types of

games and, or services that the applicant intends to offer.

(1) A person is not eligible to hold a licence unless such Eligibility for a

licence.

person is established in the European Economic Area.

(2) Where the applicant for a licence is a body corporate, such

applicant may apply for a licence either for itself only or for its

corporate group.

(3) In the case where a licence application is for a corporate

group, all references in these regulations to an applicant shall be

deemed to refer to each and all members of the corporate group, and

where such licence is granted each member of the corporate group

and all of them jointly and severally shall be deemed to be a licensee.

The Authority, acting in line with the governing principles Grant of licence.

and in furtherance of the regulatory objectives established by the Act,

shall refuse to grant a licence in any of the following instances

(a) if the application is not submitted in accordance

with the established form or in accordance with applicable

procedure; or

(b)

if the applicable fees have not been paid; or

(c)

if the Authority, in its reasonable discretion, is not

satisfied that the applicant and all relevant persons, including

but not limited to all persons having qualified interest in the

applicant, are fit and proper

Provided that it shall be up to the Authority to

establish which persons involved in the applicant have to be

assessed for the purposes of this paragraph

Provided further that for the purposes of this

assessment, the qualifying interest shall be established as at

least ten percent, or any lower percentage as may be determined

by the Authority; or

(d) if, where applicable and in the reasonable opinion of

the Authority, it appears on the basis of the assessment,

evidence or certification carried as may be prescribed by the

Authority for any type of game, that the games the applicant

intends to offer do not satisfy the minimum requirements of

fairness for their respective game types;

(e)

if it transpires that any information or submission

made to the Authority is false, misleading, inaccurate or

incomplete in a material respect;

(f)

if the Authority, in its reasonable discretion, is not

satisfied that

(i) the applicant is capable of sustainably

financing the gaming service or supply; or

(ii) the applicant has the necessary competence,

technical know-how and resources to carry out the gaming

offering; or

(iii) the applicant has a business model to carry

the gaming offering in a viable way and in a way that is

compliant with the applicable regulatory instruments in

force; or

(iv) the applicant will comply with all regulatory

requirements applicable to licensees of the relevant

category and with any additional requirements that the

Authority considers, on the basis of a risk-based approach,

necessary to impose on the applicant, which requirements

may include but are not limited to financial safeguards,

protection of players and, or the implementation of any

policies and procedures.

The Authority, acting in line with the governing principles

and in furtherance of the regulatory objectives established by the Act,

may refuse to grant an authorisation in any of the following instances

(a)

if the Authority believes that the gaming offering

being proposed is not compliant with the regulatory instruments

in force; or

(b) if the Authority believes that granting an

authorisation to the applicant may pose a risk to the reputation

of Malta or be otherwise not in the public interest or contrary to

regulatory objectives established by the Act; or

(c)

if no sufficient information as requested by the

Authority has been provided.

(1) The Authority may, in furtherance of the regulatory

objectives under the Act and in applying a risk-based approach in line

with the governing principles

(a) establish, where appropriate or necessary, by means

of binding instruments, more extensive, reduced or amended

requirements for an applicant to qualify for an authorisation in

certain pre-defined circumstances; and, or

(b) impose on an applicant or on an authorised person,

where appropriate or necessary, specific additional requirements

by means of a binding instrument.

(2) Without prejudice to the Gaming Compliance and L.N. 244 of

Enforcement Regulations, 2018 where the Authority has imposed 2018.

specific requirements on an authorised person or several authorised

persons, or where the Authority deems necessary or appropriate to

impose new specific requirements on an authorised person or several

authorised persons, by whichever binding instrument such imposition

is made, the Authority shall have the power to make or vary such

imposition during the term of the authorisation, provided that where a

variation or a new imposition consists of making requirements more

onerous on an authorised person, unless such variation or imposition

has been requested by the authorised person itself, the Authority shall

by notice in writing inform the authorised person of the Authority’s

intention to vary the said requirements or to impose new

requirements, calling upon the said authorised person to show cause,

within such period being not less than twenty (20) days after the issue

of the notice as may be specified in the same notice, why such

requirement should not be varied or such new condition should not be

imposed, and the Authority shall consider any representations made

by the authorised person within the period specified in the notice,

before varying the requirement or before imposing a new

requirement

Provided that in case where, in the Authority’s reasonable

opinion, there is serious prejudice or an imminent threat of serious

prejudice to public security, public health, players’ health, players’

financial security, Malta’s reputation, or other overriding reason of

public interest, the Authority shall be authorised to impose immediate

compliance with the variation or a new requirement.

(1) In assessing an application for an authorisation, the No duplication

Authority must take into consideration and, where possible, avoid of

simplification of

duplicating procedures and controls already carried out by the procedures.

Authority itself or by a competent authority in another EEA

jurisdiction, as long as such other procedures and controls have been

conducted within a reasonable time from the assessment of the

application for an authorisation, as may be established by the

Authority

Provided that the Authority may, on a case by case basis,

also take into account procedures and controls already carried out by

a competent authority in any other jurisdiction which the Authority

considers to provide equivalent safeguards to those provided under

Maltese law, or as may be established by the Authority.

(2) When requested to rely on procedures and controls or other

measures carried out by a competent authority in another jurisdiction,

the Authority shall be authorised to subject such measures to

verification and shall not be bound to accept them if, in the

Authority’s discretion, such procedures, controls or other measures

do not provide equivalent safeguards to those provided under Maltese

law or as may be established by the Authority.

(3) In assessing an application for an authorisation, where it

considers it justified on the basis of a risk-based examination of the

applicant, information available to the Authority and previous

regulatory performance and circumstances of the applicant, the

Authority shall apply the principle of simplification of procedures

and requirements for an efficient processing of the application.

The burden of proving the applicant’s qualification to hold

an authorisation or to continue holding an authorisation shall be

solely on the applicant or the authorised person, as the case may be.

No game, system, software, device, premises, condition,

procedure, policy or any other matter approved by Authority shall be

amended or substituted unless the authorised person has obtained a

prior written approval by the Authority of any such amendment or

substitution

Provided that the Authority, following a risk-based

evaluation, may stipulate by means of any binding instrument that in

certain cases notification may be sufficient.

An authorisation granted by the Authority cannot be

assigned or transferred

Provided that a licence and, or material supply certificate

may be assigned or transferred to another entity within the same

corporate group, subject to the prior written approval of the

Authority.

Part IV

Requirement for Other Authorisations

No person shall use, or knowingly or negligently allow the

use of, whether actively or passively, premises in Malta as gaming

premises unless such person is duly authorised in accordance with the

Gaming Premises Regulations, 2018 or any other applicable

2018. regulatory instruments

Provided that the Authority may, by way of a binding

instrument, exempt certain types or categories of gaming premises

from the requirement of approval.

No person shall service, place on the market, distribute, Approval of

supply, sell, lease, transfer, host, operate or in any other manner make gaming devices.

available for use any gaming device or gaming system in the territory

of Malta, unless such gaming device or system, as the case may be,

has been approved or exempted from approval by the Authority.

(1) Any person offering a material gaming supply listed Approval of

in the Third Schedule to an authorised person may request a material material

supplies.

gaming supply certificate from the Authority.

(2) Any authorised person making use of or seeking to make

use of a material gaming supply provided by a third party shall ensure

either that such a material supplier is in possession of the certificate

envisaged in sub-regulation (1) or the material gaming supply is

otherwise approved on a case-by-case basis by the Authority and

subject to a risk-based approach

Provided that where any authorised person receives

material gaming supplies from a third party not in possession of the

certificate envisaged in sub-regulation (1), such authorised person

receiving material gaming supplies shall assume full regulatory

responsibility for such supplies.

(3) The Authority may prescribe any procedure, levy fees, or

impose any conditions or requirements deemed relevant with respect

to a certificate to offer material gaming supplies.

(1) An authorised person holding a licence in terms of Junkets.

these regulations and a concession in terms of article 11(3)(a) of the

Act may apply to the Authority to classify the activity of one or more

players within the same authorised person’s gaming premises, as

junkets.

(2) An authorised person holding a licence in terms of these

regulations and a concession in terms of article 11(3)(a) of the Act

may apply to the Authority for a junket event approval.

(3) Any person offering the services of junket leader with

respect to the activity conducted by a person holding a licence in

terms of these regulations and a concession in terms of article

11(3)(a) of the Act, may apply to the Authority for a junket leader

approval

Provided that an authorised person intending on making

use of the services of a junket leader shall ensure that such junket

leader is approved by the Authority.

(4) Such approvals or classification shall occur in terms of the

procedure and parameters established by the Authority in a binding

instrument.

(5) An application for a junket, a junket event, or a junket

leader may be deemed invalid if it is not made according to the

procedure established by the Authority, if it does not include all the

necessary requisites, if it is not submitted in a timely manner, or if the

relevant administrative fees are not paid.

(1) Any person offering licensable games in or from

Malta without an authorisation issued in terms of these regulations,

but under 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, shall

apply to the Authority for a recognition notice according to the

procedure established by the Authority.

(2) A recognition notice issued in terms of sub-regulation (1)

shall have the same effect as an authorisation issued by the Authority

for the purpose of providing a gaming service, gaming supply, key

function, or any other authorisation in or from Malta.

(3) The Authority may revoke any such recognition notice,

and may subject an applicant of a recognition notice to administrative

fees where reasonable.

Part V

Provision of Key Functions

No person shall provide a key function listed in the Fourth

Schedule, unless such person is in possession of a key function

certificate issued by the Authority to provide such function.

The Authority may, by means of a binding instrument,

stipulate requirements and qualifications for a person to be eligible to

hold a certificate to provide a key function under these regulations.

Part VI

Conditions to Authorisations

The Authority shall have the power to issue conditions to

authorisations granted in terms of the Act or any regulations

thereunder.

Compliance with the Act, any regulations thereunder and Compliance

any other binding instruments issued by the Authority shall with the Act.

automatically be construed as conditions to authorisations.

Part VII

Voluntary Suspension and Termination

(1) An authorised person may request the voluntary Voluntary

suspension of an authorisation by giving not less than twenty (20) suspension.

days’ notice in writing to the Authority.

(2) The Authority may refuse to grant an approval for

voluntary suspension of an authorisation on the basis that it is not in

the interest of players or on grounds of public policy, public security

or the safeguarding of the reputation of Malta.

(3) Where the Authority approves a voluntary suspension,

such suspension shall not affect any liability of the authorisation

holder for anything done or omitted to be done, or for any amounts

due which may have already accrued, before the date of the voluntary

suspension. However, the liability of the authorised person to pay the

compliance contribution, the levy on gaming devices and gaming tax,

as may be applicable, shall stop accruing during any period in which

the authorisation is voluntarily suspended, as approved by the

Authority.

(4) The authorised person may request the reactivation of the

authorisation, in such manner and using such forms as the Authority

may issue, upon submitting the necessary documentation

Provided that for the sake of clarity, the Authority shall

have the discretion to conduct any checks it may deem necessary, and

to refuse reactivation of the authorisation on the same grounds as it

may refuse an application for an authorisation.

(1) An authorised person may request the surrender of Surrender.

an authorisation by providing not less than twenty (20) days’ notice in

writing to the Authority.

(2) The Authority may refuse to grant an approval for a

voluntary surrender of an authorisation on the basis that it is not in the

interest of players or on grounds of public policy, public security or

the safeguarding of the reputation of Malta.

(3) Where the Authority approves a voluntary surrender of an

authorisation, such surrender shall not affect any liability of the

authorisation holder for anything done or omitted to be done, or for

any amounts due which may have already accrued before the date of

the voluntary surrender.

Part VIII

Other Games

(1) The requirement for an operator of low risk games

to hold a licence in terms of Part II of these regulations shall be

satisfied if the same operator acquires a low risk games permit from

the Authority.

(2) Unless otherwise prescribed in these regulations or any

other regulatory instrument, a low risk games operator holding a low

risk games permit shall, for the purposes of these regulations and any

other law, be deemed to be an authorised person.

(3) A low risk games permit shall

(a)

be valid only for the singular event or events for

which it is granted;

(b)

expire once the event is concluded;

(c)

not be renewable;

(d) not be transferable without the Authority’s prior

approval; and

(e)

be subject to the limitations laid down in the Fifth

Schedule

Provided that for the purposes of this sub-regulation, a

singular event shall be deemed to be concluded once an outcome

determining the winner or winners of the event in question has been

conclusively generated.

(1) The requirement for an operator of a cruise casino to

hold a licence in terms of Part II of these regulations shall be satisfied

if the same operator acquires a cruise casino permit from the

Authority.

(2) Unless otherwise prescribed in these regulations or any

other regulatory instrument, an operator of a cruise casino holding a

cruise casino permit shall, for the purposes of these regulations and

any other law, be deemed to be an authorised person.

(3) A cruise casino permit shall

(a)

be valid only for a term not exceeding the time

during which the cruise ship is moored at or within Maltese

territory;

(b) be valid only in regard to registered passengers of

the cruise ship;

(c)

not be transferable; and

(d) be limited to cruise ships, being passenger ships

used for pleasure voyages with a minimum of three (3) ports of

call in three (3) 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.

Notwithstanding its status as an exempt game, a person Amusement

shall not place on the market, distribute, supply, sell, lease, transfer, machines.

host, operate or in any other manner make available for use any

amusement machine in any gaming premises, unless such amusement

machine has been registered with the Authority by means of the

applicable procedure as may be established by the same Authority

Provided that in registering any such amusement machine,

the Authority may levy any applicable administrative fees

Provided further that the person registering the amusement

machines shall ensure that the Authority is notified of any changes to

the information provided to the Authority.

Part IX

Miscellaneous

An authorised person shall pay to the Authority all Administrative

applicable administrative fees as may be established by the Authority fees.

by means of any regulatory instrument.

First Schedule

Licence Categories

1. The Authority may issue licences of the following categories

(a)

Gaming Service licence: a business to consumer licence to offer or

carry out a gaming service;

(b)

Critical Gaming Supply licence: a business to business licence to

provide or carry out a critical gaming supply

Provided that a gaming service or a critical gaming supply

shall constitute any one or more of the following game types

(i)

Type 1 gaming services, which shall mean games of chance played

against the house, the outcome of which is determined by a random

generator, and shall include casino type games, including roulette,

blackjack, baccarat, poker played against the house, lotteries,

secondary lotteries and virtual sports games; and, or

(ii)

Type 2 gaming services, which shall mean games of chance played

against the house, the outcome of which is not generated randomly,

but is determined by the result of an event or competition

extraneous to a game of chance, and whereby the operator manages

his or her own risk by managing the odds offered to the player; and,

or

(iii) Type 3 gaming services, which shall mean games of chance not

played against the house and wherein the operator is not exposed to

gaming risk, but generates revenue by taking a commission or

other charge based on the stakes or the prize, and shall include

player versus player games such as poker, bingo, betting exchange,

and other commission based games; and, or

(iv) Type 4 gaming services, which shall refer to controlled skill games

in accordance with regulation 8 of these regulations

Provided further that in the case of a game displaying

elements which may fall under more than one of the types referred

to above, the Authority shall have full discretion in categorising the

game in the type it believes closest reflects the nature of the game.

2. For the purposes of this Schedule, the following services shall each

constitute a gaming service

(a)

the offering, provision, or operation of a gaming service;

(b)

the hosting by a person in his premises accessible to the public or

in premises accessible to the public that are in his possession or

under his control, the operation or in any other manner the making

available for use of a gaming device or gaming system.

3. For the purposes of this Schedule, the following supplies shall each

constitute a critical gaming supply

(a)

supply and management of material elements of a game;

(b)

supply and management of software, whether as a stand-alone or as

part of a system, to generate, capture, control or otherwise process

any essential regulatory record and, or the supply and management

of the control system itself on which such software resides

Provided that for the purposes of this Schedule, the term

‘management’ means the provision of ongoing active maintenance

and support which is indispensable to the provision of the gaming

service.

Second Schedule

Exemptions

1. The following games shall each be deemed an exempt game

(a)

a game of skill which does not require a stake to enable

participation, and, or does not envisage the possibility of a prize;

(b)

a game of skill which requires a stake to enable participation and

offers the possibility of a prize, unless the Authority issues a ruling

determining that such a game of skill is a controlled skill game;

(c)

a game of chance which does not require a stake to enable

participation, and, or does not envisage the possibility of a prize,

unless otherwise determined by the Authority in a binding

instrument;

(d)

a de minimis game, as may be defined by the Authority in a

binding instrument after consulting with the Minister;

(e)

a licensable game organised on board any vessel flying or entitled

to fly the flag of Malta, or registered in Malta, whilst said vessel is

navigating outside the territorial waters of Malta.

2. The Authority may, by means of a ruling or other binding

instrument, and after consulting with the Minister, exempt a

gaming device or a category of gaming devices from any or all

requirements in terms of these regulations and, or any other

regulatory instrument

Provided that any such exemption rulings shall only be issued in

line with the regulatory objectives in terms of Part II of the Act.

Third Schedule

Material Gaming Supplies

Without prejudice to the critical gaming supplies listed in the First

Schedule, the following types of gaming supplies shall constitute

material gaming supplies

1. Manufacturing, assembling, placing on the market, distributing,

supplying, selling, leasing or transferring a gaming device;

2. Providing risk management services for the operation of a

licensable game;

3. Providing event, content and, or odds;

4. Providing fraud management services for the operation of a

licensable game;

5. Holding and, or managing player funds;

6. Providing services relating to customer due diligence;

7. Providing services related to player identity verification;

8. Providing co-location services and other managed information

technology services, including cloud computing services and, or

decentralised hosting protocols where the latter do not amount to a

critical gaming supply; and

9. Providing back-up and disaster recovery services.

Fourth Schedule

Key Functions

The following roles and responsibilities performed in connection

with the gaming activity of a licensee shall each constitute a key

function

1. Chief Executive;

2. Responsibility for gaming operations;

3. Responsibility for legal affairs and compliance with the applicable

regulatory instruments;

4. Responsibility for finance;

5. Responsibility for marketing and advertising;

6. Responsibility for player support;

7. Responsibility for technology, including but not limited to

information security and the operation and management of the

control system;

8. Responsibility for the prevention of money laundering and the

funding of terrorism;

9. Responsibility for risk management and the prevention of fraud;

and

10. Responsibility for internal audit.

In the case of a licensee providing a gaming service in gaming

premises, the activities constituting a key function shall comprise

the activities listed in paragraphs 1 to 10 above, as well as the

following

1. Responsibility for supervising and managing the work of the

employees carrying out functions in the gaming area;

2. Responsibility for managing the gaming area, including the

supervision thereof to preclude fraud by customers, and the

resolution of customer disputes;

3. Responsibility for managing the surveillance systems of the

gaming premises.

Fifth Schedule

Low Risk Games

The following shall be deemed to be low risk games

1. Non-profit games wherein the value of the stake does not exceed

five euro (€5) per player;

2. Commercial communication games

Provided that one person or entity organising a series of

commercial communication games shall not cumulatively exceed

one hundred thousand euro (€100,000) in prizes during any

calendar month and not more than five hundred thousand euro

(€500,000) during any calendar year

Provided further that any single event shall not award a prize

exceeding fifty thousand euro (€50,000);

3. Limited commercial communication games, wherein the value of

the stake does not exceed two euro (€2) per player, and the value of

the prize does not exceed two hundred and fifty euro (€250)

Provided that one person or entity organising a series of limited

commercial communication games shall not cumulatively exceed

five thousand euro (€5,000) in prizes during any calendar month

and not more than fifty thousand euro (€50,000) during any

calendar year.

Sixth Schedule

Skill Games

The considerations which the Authority shall take into

consideration in determining whether a game is a skill game or a

controlled skill game in terms of regulation 7 and 8 of these

regulations shall include the following

1. the presence of random draws and their effect on the outcome;

2. whether the game is played for money and, or prizes with a

monetary value;

3. whether participation in a game involves any form of monetary

commitment, or commitment of a monetary value;

4. the possibility of any negative social impact of the game;

5. whether the activity is closely associated with games of chance

and, or gambling;

6. the duration of each event, competition or match;

7. whether, on the face of it, a skilled player is able to win more than

an unskilled player;

8. whether a player’s chance of winning is significantly increased by

experience in playing the game;

9. whether skill can be acquired through training, experience, reading

literature or other educational material;

10. whether a rule-set or format that is used further nullifies the effect

of any element of chance;

11. whether the game is played against other human players, or

otherwise;

12. the level of interaction between the players, the level of interaction

between the operator and the players, and the level of intervention

by the operator during the event, competition or match; and

13. the complexity of the game, including the amount of player

choices and their potential effect on the outcome, and the strategies

involved.

€1.80