Chapter 438

(1)In this Act, unless the context otherwise requires: "amusement game" means a game played by means of an amusement machine; "amusement game with prize" means a game played by means of an amusement machine with prize; "amusement machine" means any type of machine, whether operated electrically, electronically, mechanically, manually or otherwise, used for the purpose of playing games exclusively for amusement purposes and not for gambling purposes, and which is operated by the insertion of money or any amusement machine token and where in the operation thereof a successful player neither receives nor is offered any benefit other than the opportunity, if any, afforded by the automatic action of the machine to play the game again without the insertion of other money or amusement machine tokens; "amusement machine token" means a device which can be bought for insertion in amusement machines or amusement machines with prize instead of money, for the operation of such machines; "amusement machine with prize" means any type of machine, whether operated electrically, electronically, mechanically, manually or otherwise, used for the purpose of playing games e x c l u s i v e l y fo r a m u s e m e n t p u r p o s e s a n d no t f o r ga m b l i n g purposes, and which is operated by the insertion of money or any amusement machine token, and where in the operation thereof a successful player receives or is offered a prize in money or of a monetary value; "approved meeting" means a meeting at which horse races and, or dog races, other than trial races, are held on an approved racecourse with the approval of the respective Racecourse Control Board appointed in respect of such approved racecourse under article 46; "approved racecourse" means any racecourse and any ground adjacent thereto, in respect of which racecourse and adjacent ground there is a valid certificate of approval issued by the Minister responsible for sport under article 44; "approved racing club" means a racing club in respect of which there is a valid certificate of approval issued by the Minister responsible for sport under article 45; "authorised game" means a game authorised by the Authority to be operated by a licensee in terms of its licence or a game operated by persons or other entities exempted from any licencing or authorisation requirement or permitted to operate such game without the need of any licence or authorisation in terms of this Act Interpretation. Amended by: III. 2004.162; L.N. 426 of 2007; XXII. 2009.3; XV. 2011.8; V. 2012.71; XII. 2013.2; XLI. 2014.4. LOTTERIES AND OTHER GAMES or regulations made thereunder; "Authority" means the Malta Gaming Authority established under article 9; "bet" means a game in which the player is required to forecast any result or outcome in respect of one event or a set of events; and "betting" shall be construed as the playing of a bet; "broadcasting media game" means any game which is organised by the owner or operator of a radio or television station, or a subcontractor thereof, where the participation of players therein takes place by or as a result of their presence during the transmission or the recording of the programme during which such game is organised or by any intervention on their part by any means of distance communication during or after the transmission or the recording of the programme during which such game is organised< and "broadcasting media game licence" means a licence to operate a broadcasting media game granted by the Authority to the owner or operator of a radio or television station or a sub-contractor thereof under article 41, and "broadcasting media game licensee" shall be construed accordingly; "Chairman" means the Chairman of the Authority, and includes the Deputy Chairman or other person appointed to act as Chairman as mentioned in the circumstances contemplated in article 9

(3); "Chief Executive" means the Chief Executive appointed under article 14

(1); "commercial communication game" means a game which is 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; and "commercial communication game licence" means a licence to operate a commercial communication game granted by the Authority to a person under article 40, and "commercial communication game licensee" shall be construed accordingly; "commercial tombola game" means any tombola game, other than a tombola game operated by a non-profit organization in terms of a non-profit game licence; "Directorates" means such directorates as the Authority may establish under article 13; "financial year" means any period of twelve months ending on the 31st December of any year: Provided that the first financial year of the Authority shall commence on the coming into force of Part IV and shall end on the 31st December of the next following year; "game" means and includes, except for the purposes of the definitions of "amusement machine" and "amusement game" in this subarticle, a game of chance and a game of chance and skill, but LOTTERIES AND OTHER GAMES does not include (

1. i)a sport event, although it includes a sport bet and any other game of chance and game of chance and skill the operation or playing of which depends on a sport event or a set of sport events or the result or outcome thereof and (
2. ii)an amusement game; "game of chance" means a game for money and, or prizes with a monetary value, the results of which are totally accidental; "game of chance and skill" means a game for money and, or prizes with a monetary value, the results of which are not totally accidental but depend, to a certain extent, on the skill of the participant; "gaming device" means any electrical, electronic or mechanical device, ticket or any other thing which is used or intended for use in connection with the operation, promotion or sale of a game and, or in gaming; "hosting" shall mean the placing of, or the allowing, suffering or otherwise placing of, in premises accessible to the public; and the term "host" shall be construed accordingly; "information society service" shall have the same meaning assigned to it in article 2

(1)of the Electronic Commerce Act; "inspector" means a person appointed by the Authority under article 17 to be an inspector; "licensee" means any person holding a licence issued by the Authority under this Act; "lottery" means any game of chance where prizes are distributed by lot or chance among participants in the game; "means of distance communication" includes any means which may be used for the communication, transmission, conveyance and receipt of information (including information in the form of data, text, images, sound or speech) or for the conclusion of a contract between two or more persons; without the simultaneous physical presence of those persons; such means may be unaddressed or addressed printed matter, a standard letter, press advertising with an order form, a catalogue, telephone with human intervention (including phone-ins during radio and television programmes) or without human intervention (such as automatic calling machine, audiotext), radio, videophone (telephone with screen), videotext (microcomputer and television screen) with keyboard or touch screen, electronic mail, facsimile machine (fax), and television (teleshopping), and any other means of communication, transmission, conveyance and receipt of information by wire, radio, optical means, electromagnetic means or by any electronic means; "Minister" means the Minister responsible for the Malta Gaming Authority; "National Lottery" means generally all such games as are prescribed to form part of the National Lottery by virtue of regulations under this Act, and the terms and conditions of which and other matters relating thereto are also prescribed by regulations or in the National Lottery licence; and "National Lottery licence" LOTTERIES AND OTHER GAMES means a licence to operate the National Lottery granted under article 26

(3)to a company registered in Malta and any games a u t h o r i s e d b y t h e Au t h o r i t y a n d su b j e c t t o s u c h t e r m s a n d conditions therein, and "National Lottery licensee" shall be construed accordingly; "non-profit game" means a game organised by a non-profit organization, the net proceeds of which are intended for a religious, sports, philanthropic, cultural, educational, social or civic purpose or for any other purpose as the Minister may by order in the Gazette prescribe; and "non-profit game licence" means a licence to operate a non-profit game granted by the Authority to a non-profit organization under article 37, and "non-profit game licensee" shall be construed accordingly; "non-profit organization" means any non-profit organization domiciled in Malta such as religious societies, band clubs, youth movements, cultural societies, literary societies, clubs promoting arts, sports clubs and sports associations, charitable societies, philanthropic societies, political party clubs and political parties, trades union, social clubs or any other association or body of persons or individual person pursuing objectives of a religious, philanthropic, cultural, educational, social or civic nature, and approved in writing as a non-profit organization by the Authority for the purposes of this Act, and in respect of which such approval has not been revoked; "other games" means and includes non-profit games operated by non-profit game licensees, commercial tombola games operated by tombola (bingo) hall licensees, commercial communication games operated by commercial communication game licensees, broadcasting media games operated by broadcasting media game licensees, and racecourse bets and sweepstakes operated by racecourse betting licensees, in terms of their respective licence and under such terms and conditions as may be prescribed by virtue of regulations, or by their respective licence; and "other games licensee" shall be construed accordingly; "public officer" has the same meaning assigned to it by article 124 of the Constitution, but does not include a judge or a magistrate of the courts; "qualifying shareholding" means a direct 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, and "qualifying shareholder" shall be construed accordingly; "racecourse" means any ground used or intended for use for the purpose of racing with horses and, or dogs thereon; "racecourse bet" means a bet on a horse race or races or on a dog race or races conducted on a racecourse; and "racecourse betting" shall be construed as the playing of a racecourse bet; "racecourse betting licence" means a licence to operate racecourse bets and, or sweepstakes granted by the Authority to an approved racing club or other person under article 43, and LOTTERIES AND OTHER GAMES "racecourse betting licensee" shall be construed accordingly; "Racecourse Control Board" means a Racecourse Control Board appointed in respect of an approved racecourse by the Minister responsible for sport under article 46; "racing club" means and includes a club, organisation, company or any other association or body of persons which has as its object or as one of its objects the organisation and conduct of horse races and, or dog races on a racecourse, whether such club, organisation, company, association or body is the owner of such racecourse or not, and where a racecourse is owned by an individual, it includes that individual; "relevant gaming device" means any electrical, electronic or mechanical device which is used or intended for use in connection with the operation, promotion or sale of a game and, or in gaming; "seasonal tombola (bingo) hall licence" means a tombola (bingo) hall licence which is issued for such effective term as provided in item 1

(2)of the Second Schedule, and which is renewable for such further periods as provided in item 1

(3)thereof; and "seasonal tombola (bingo) hall licensee" shall be construed accordingly; "skill game" or "game of skill" means a game for money or money’s worth the results of which depend, mainly, on the skill of the participant, but does not include a sport event; "small game" means any game wherein the aggregate retail value of all prizes which can be won in such game does not exceed the amount of two hundred and thirty-five euro (€235.00) or such lesser amount as may be prescribed in respect of small games or a specified small game or games by the relevant regulations made under article 78

(2)(g); "sport bet" means a bet on a sport event or a set of sport events and includes a racecourse bet; "stake" means the economic value which the player of a game, or any third party on his behalf, has to commit in order for the player to participate in such game and which he can lose, wholly or in part, following the result of the game; "sweepstake" means a game connected with a horse race or races conducted on a racecourse which is played as provided in item 1 of the Sixth Schedule; "subsidiary" has the same meaning as is assigned to the term "subsidiary undertaking" by the Companies Act; "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 LOTTERIES AND OTHER GAMES all the fifteen numbers on one scorecard are drawn; "tombola (bingo) hall" means such premises in respect of which a tombola (bingo) hall licence has been granted to a company registered in Malta to hold commercial tombola games therein; and "tombola (bingo) hall licence" means a licence to operate commercial tombola games in a tombola (bingo) hall granted by the Authority under article 38 to a company registered in Malta and includes a yearly tombola (bingo) hall licence and a seasonal tombola (bingo) hall licence, and "tombola (bingo) hall licensee" shall be construed accordingly; "tombola (bingo) session" means a pre-established period of time during which a number of tombola games are held; "tombola scorecard" means the unit of tombola game on which some of the numbers participating in such tombola game are printed or otherwise electronically represented, and by which a player may participate in such tombola game; "tombola scoresheet" means a combination of tombola scorecards on which all the numbers participating in a tombola game are printed or otherwise electronically represented, and by which a player participates in such tombola game; "totalisator" means the contrivance for racecourse betting known as the totalisator of pari-mutuel, or any other device or instrument of a like nature which is used or intended for use in connection with racecourse betting, whether operated electrically, electronically, mechanically, manually or otherwise; "yearly tombola (bingo) hall licence" means a tombola (bingo) hall licence which is issued for such effective term as provided in item 1

(1)of the Second Schedule, and which is renewable for further periods of one year each as provided in item 1

(3)thereof; and "yearly tombola (bingo) hall licensee" shall be construed accordingly.

(2)Except as otherwise expressly provided in this Act, nothing in this Act shall prejudice the operation of, or shall be deemed to substitute or to derogate any of the provisions of, the Gaming Act and the Prevention of Corruption (Players) Act.

(3)In this Act and in any regulations made thereunder, if there is any conflict between the English and Maltese texts, the English text shall prevail.

(4)Any reference in any law or private contract or any other legal instrument or document whatsoever, be it domestic, foreign or international, to the Lotteries and Gaming Authority shall be construed as a reference to the Malta Gaming Authority. PART III - GENERAL PRINCIPLES Games which can be played by persons in Malta. Substituted by: L.N. 168 of 2008. 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 LOTTERIES AND OTHER GAMES 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. 4. Without prejudice to the provisions of article 78

(2)(g), no authorised game may be organised on the results of games operated by the holder of a casino licence issued under the Gaming Act in terms of such licence or by a licensee under this Act in terms of his licence, or on the results of any game which is lawfully organised outside Malta, without the prior approval in writing of the Authority, and if such approval is given, the relevant authorised game may then be organised as aforesaid only subject to such terms and conditions as may be specified by the Authority in its approval, which terms and conditions may inter alia make the approval subject to the condition that the person to whom such approval is given seeks and obtains the prior consent to so organise the relevant authorised game from the casino licensee or the licensee operating the game on the results of which such relevant authorised game is to be organised or, as the case may be, from the person lawfully organising the game outside Malta on the results of which game the relevant authorised game is to be organised: Game based on the result of games. Provided that in the case of authorised games operated by a licensee, the aforesaid approval of the Authority and any relevant terms and conditions may be incorporated in the respective licence issued to such licensee. 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: Games which can be operated, etc., by persons in Malta. Substituted by: L.N. 168 of 2008. Provided that the Authority may impose such proportionate requirements and conditions, in conformity with European Union law, as it may deem necessary in fulfilment 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. 6. It shall be an offence against this Act for any person to (

1. a)operate, promote, sell, or participate in, or in any way Offences against this Part. LOTTERIES AND OTHER GAMES to aid or abet the operation, promotion or sale of a game in contravention of articles 3 or 4; or (
2. b)operate, promote or sell or in any way to aid or abet the operation, promotion or sale of a game in contravention of article 5: Placing on the market, etc., of relevant gaming devices, amusement machines and amusement machines with prize. Substituted by: L.N. 168 of 2008. Amended by: XXII. 2009.4; XV. 2011.9. Provided that the liabilities and obligations of providers of information society services in connection with games shall be regulated by the provisions of articles 22 to 25 of the Electronic Commerce Act, and nothing in this article or in any other provision of this Act shall prejudice the operation of the said articles 22 to 25 of the Electronic Commerce Act. 7.

(1)No person shall manufacture, assemble, repair, service, place on the market, distribute, supply, sell, lease, transfer, make available for use, host or operate 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 or such activity in terms of regulations made under this Act.

(2)An application for a licence to manufacture, assemble, repair, service, place on the market, distribute, supply, sell, lease, transfer, make available for use, host or operate any 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, or the imposition of any condition on, any such licence in such circumstances as may be prescribed by regulations or in the said licence.

(3)No person shall manufacture, assemble, place on the market, distribute, supply, sell, lease, transfer, make available for use, host or operate any amusement machine or amusement machine with prize, 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 amusement machine or amusement machines with prize or such activity in terms of regulations made under this Act.

(4)An application for a licence to manufacture, assemble, place on the market, distribute, supply, sell, lease, transfer, make available for use, host or operate any amusement machine or amusement machine with prize, 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, suspension, or imposition of any condition on any such licence in such circumstances as may be prescribed by regulations or in the said licence.

(5)Any person who contravenes, or in any way aids or abets a LOTTERIES AND OTHER GAMES person to contravene, the provisions of subarticles

(1)and

(3), shall be guilty of an offence against this Act. 8.

(1)Without prejudice to the provisions of article 39, any person who offers for sale or sells any game to a person under the age of eighteen years of age shall be guilty of an offence; Age prohibition. Amended by: XXII. 2009.5. Provided that in the case of the offering for sale or the sale of the National Lottery under a National Lottery licence currently in force at the time of the coming into force of this proviso, the age prohibition shall be sixteen years instead of eighteen years.

(2)It shall be a defence for any such person as is mentioned in subarticle

(1)to prove that he had requested and obtained from the person under the age referred to in subarticle

(1), documentary evidence relating to his age, and that such evidence tendered by the underaged person prima facie showed that he was not under the prescribed age. PART IV - ESTABLISHMENT AND FUNCTIONS OF THE MALTA GAMING AUTHORITY 9.

(1)There shall be a body, to be known as the Malta Gaming Authority, which shall consist of a Chairman and four other members.

(2)The Chairman and the other members of the Authority shall be appointed by the Minister for a term, being not more than three years, as may be specified in the instrument of appointment, but the members so appointed may be re-appointed on the expiry of their term of office.

(3)The Minister may designate one of the other members of the Authority as Deputy Chairman and the member so designated shall have all the powers and perform all the functions of the Chairman during his absence or inability to act as chairman or while the Chairman is on vacation or during any vacancy in the o ff i c e o f c h a i r m a n . T h e M i n i s t e r m a y a l s o , i n a n y o f t h e circumstances mentioned above in this subarticle, appoint another person to act as chairman and in such case, the foregoing provisions of this subarticle shall apply in respect of such person.

(4)A person shall not be qualified to be appointed or to hold office as a member of the Authority if he (

1. a)is a Minister, Parliamentary Secretary or a member of the House of Representatives; (
2. b)is a judge or magistrate of the courts of justice; (
3. c)has a financial or other interest in any enterprise or activity directly involving games or gaming, or in a licensee, which is likely to affect the discharge of his functions as a member of the Authority; (
4. d)is an undischarged bankrupt; (
5. e)has been convicted of an offence punishable by imprisonment for a period of six months or more; (
6. f)has been found guilty of an offence under this Act or Amended by: XLI. 2014.5. Establishment and composition of the Malta Gaming Authority. Amended by: XLI. 2014.6. LOTTERIES AND OTHER GAMES any other Act relating to lotteries or gaming or of an offence against public trust.

(5)Subject to the provisions of this article, the office of a member of the Authority shall become vacant (

1. a)at the expiry of his term of office; or (
2. b)if he resigns; or (
3. c)if any circumstances arise that disqualify such member from holding office as a member of the Authority; or (
4. d)if he is removed from office in terms of this article.

(6)A member of the Authority may be removed from office by the Minister if, in the opinion of the Minister, such member is unfit t o c o n t i n u e i n o ff i c e o r h a s b e c o m e i n c a p a b l e o f p r o p e r l y performing his duties as a member.

(7)If a member resigns or if the office of a member of the Authority is otherwise vacant or if a member is for any reason unable to perform the functions of his office, the Minister may appoint a person who is qualified to be appointed as a member, to be a temporary member of the Authority. Any person so appointed shall, subject to the provisions of subarticles

(5)and

(6), cease to be such a member when a person has been appointed to fill the vacancy or, as the case may be, when the member who was unable to perform the functions of his office resumes those functions.

(8)Any member of the Authority who has any direct or indirect interest in any contract made or proposed to be made by the Authority, not being an interest which disqualifies such member from holding office as a member of the Authority, shall disclose the nature of his interest at the first meeting of the Authority after the relevant facts have come to his knowledge. Such disclosure shall then be recorded in the minutes of the Authority, and the member having an interest as aforesaid shall withdraw from any meetings at which such contract is discussed. Any such disclosure shall be communicated to the Minister without delay. Where the interest of the member is such as to disqualify him from holding office as a member of the Authority, he shall report the fact immediately to the Minister and tender his resignation. Legal personality and representation of the Authority. 10.

(1)The Authority shall be a body corporate having a distinct legal personality and shall be capable, subject to the provisions of this Act, of entering into contracts, of acquiring, holding and disposing of any kind of property for the purposes of its functions, of suing and being sued, and of doing all such things and entering into all such transactions as are incidental or conducive to the exercise or performance of its functions under this Act, including the lending or borrowing of money.

(2)Without prejudice to the provisions of article 58, the legal and juridical representation of the Authority shall vest in the Chief Executive: Provided that the Authority may appoint any one or more of its members, officers or employees to appear, sign or otherwise act in the name and on behalf of the Authority in any judicial LOTTERIES AND OTHER GAMES proceedings and, or in any act, contract, instrument or other document whatsoever: Provided further that in respect of any matter falling within the functions vested in any Directorate by the Authority, the legal and judicial representation of the Authority shall also vest in the head of such Directorate and in such member, officer or employee of the Authority, as the Authority may appoint or authorise for the purpose.

(3)Any document purporting to be an instrument made or issued by the Authority and signed by the Chief Executive, or by a head of a Directorate in relation to any matter falling within the functions vested in the relative Directorate by the Authority, shall be received in evidence and shall, until the contrary is proved, be deemed to be an instrument made or issued by the Authority. 11. The functions of the Authority shall be (

1. a)to issue a National Lottery licence and licences to operate other games and to supervise the operation of licensees to ensure that licensees comply with the terms and conditions of their licence and with the provisions of this Act and of regulations made under this Act and with any applicable directives issued by the Authority in terms of this Act or regulations made thereunder; (
2. b)to issue permits to sellers of games forming part of the National Lottery licence in terms of article 36; (
3. c)to inquire into the suitability of licensees and the main suppliers thereof, and to ensure that those involved in the operation, promotion or sale of authorised games operated by such licensees are fit and proper persons to carry out their functions relative to such games; (
4. d)to ensure that licensees publish the rules of the authorised games operated by them in terms of their licence in such manner as may be deemed appropriate by the Authority; (
5. e)to use all powers vested in it by this or any other law to ensure that games and gaming are kept free from criminal activity, and to prevent, detect and ensure the prosecution of any offence against this Act, other than an offence arising under any provision of Part VIII; (
6. f)to ensure that authorised games are operated and advertised fairly and in a responsible manner and in accordance with the law; (
7. g)to regulate by licence the manufacture, assembly, repair, service, placing on the market, distribution, supply, sale, lease, transfer, making available for use, hosting and operation of relevant gaming devices, and to ensure that they are secure and satisfactory for the use for which they are intended; (
8. h)to supervise, attend and validate the draws of the Functions of the Authority. Amended by: L.N. 168 of 2008; XXII. 2009.6; XV. 2011.10; V. 2012.72; XLI. 2014.7. LOTTERIES AND OTHER GAMES National Lottery and of such other authorised games as it deems necessary; (
9. i)to receive and investigate complaints by consumers relating to games; (
10. j)to advise the Minister on new developments, needs and risks in gaming and to make such proposals as may be deemed necessary or expedient to respond thereto; (
11. k)to advise the Minister on the making of regulations; (
12. l)to issue directives it is authorised to issue in terms of this Act or of any other law or of regulations made thereunder; (
13. m)to perform any other function as may from time to time be assigned to it by this Act or any other law or by regulations made thereunder; (
14. n)to enter into bilateral or multilateral agreements or memoranda of understanding with other local or overseas regulatory authorities, or other government agencies, or other entities or organisations, for various matters including but not limited to exchange of information and other forms of collaboration; (
15. o)to request any kind of information from its licensees or prospective licensees, or persons or entities that may be conducting an activity which requires a licence, as it may in its discretion consider necessary: Provided that licensees shall be bound to comply with such requests and non-compliance shall be an offense against this Act: Provided further that prospective licensees shall not be bound to comply with such requests but noncompliance may be taken into account by the Authority in deciding whether or not to award a licence: Provided further that persons or entities that may be conducting an activity which requires a licence shall not be bound to comply with such requests but noncompliance shall empower the Authority to refer the matter to the Executive Police. Relations between the Minister and the Authority. 12.

(1)The Minister may in relation to matters that appear to him to affect the public interest, from time to time give to the Authority directions i n writing of a general character, not inconsistent with the provisions of this Act, on the policy to be followed in the carrying out of the functions vested in the Authority by or under this Act, and the Authority shall, as soon as may be, give effect to all such directions.

(2)The Authority shall afford to the Minister facilities for obtaining information with respect to its property and activities and furnish him with returns, accounts and other information with respect thereto, and afford to him facilities for the verification of information furnished, in such manner and at such times as he may LOTTERIES AND OTHER GAMES reasonably require. 13.

(1)Subject to the other provisions of this Act, the affairs and business of the Authority shall be the responsibility of the Authority itself but save as aforesaid, the executive conduct of the A u t h o r i t y, i t s a d m i n i s t r a t i o n a n d o r g a n i s a t i o n a n d t h e administrative control of its officers and employees, shall be the responsibility of the Chief Executive of the Authority, who shall also have such other powers as may from time to time be delegated to him by the Authority. Conduct of the affairs of the Authority.

(2)The Authority may exercise its functions through Directorates which may be established by it from time to time and, for such purpose, it may vest in each of the Directorates so established, and subject to the overall supervision and control of the Chief Executive, such of its functions as relate or are ancillary to the matters for which the said Directorate is responsible so as to enable the said Directorate to give effect to the policies of the Authority and to otherwise discharge effectively and efficiently the functions of the Authority in its respective area of operation.

(3)Each of the Directorates so established shall be headed by a person who shall either be a public officer detailed for duty with the Authority or an employee of the Authority or a person detailed to work for the Authority in accordance with an agreement made between the Authority and a public or private undertaking, in either case having adequate experience and knowledge in the area of operation of the said Directorate.

(4)The Authority and each of the Directorates may exercise any one or more of their functions either directly or through any of the Authority’s officers or employees or agents or through an agency authorised for the purpose, or through any other person with whom an agreement for the performance of any one or more of such functions has been entered into: Provided that nothing in this subarticle shall authorise the Authority to contract out any of its regulatory or licensing functions, although the Authority may contract out any other of its functions, or procure from any person any services, for the purposes of carrying out its regulatory or licensing functions.

(5)Where in this Act anything is to be done by or against or with respect to the Authority, or any notice is to be or may be given by or to the Authority, any such thing or notice may also be done by or against or with respect to or be given by or to the Directorate under whose jurisdiction the matter falls by reason of a delegation of functions to such Directorate by the Authority; and for the purposes aforesaid any reference in this Act to the Authority includes a reference to the appropriate Directorate. 14.

(1)The Chief Executive and the heads of the Directorates shall be appointed by the Authority after consultation with the Minister for such period as may be established by the Authority in their letter of appointment: Provided that the first Chief Executive shall be appointed by the Minister. Appointment of Chief Executive and heads of Directorates. LOTTERIES AND OTHER GAMES

(2)The conditions pertaining to the qualification for the appointment of persons and to their holding office as members of the Authority in article 9 shall also pertain to the appointment of, and to the holding of office as, the Chief Executive and the heads of the Directorates.

(3)The Chief Executive shall attend such meetings of the Authority as requested by the said Authority, but shall not vote at such meetings.

(4)The Chief Executive shall be responsible for the implementation of the objectives of the Authority in the exercise of its functions, and without prejudice to the generality of the foregoing he shall (

1. a)assume full responsibility for the overall supervision and control of the Directorates; (
2. b)assign to each Directorate such duties which are by, or in accordance with, the provisions of this Act vested in such Directorate; (
3. c)co-ordinate the workings of the Directorates; (
4. d)develop the necessary strategies for the implementation of the objectives of the Authority; (
5. e)advise the Authority on any matter it may refer to him or on any matter which he considers necessary or expedient; and (
6. f)perform such other duties as the Authority may assign to him from time to time. Provisions with respect to proceedings of the Authority. 15.

(1)The meetings of the Authority shall be called by the Chairman as often as may be necessary, but at least once a month, either on his own initiative or at the request of any two of the other members of the Authority.

(2)The Chairman and at least two other members of the Authority shall form a quorum. Decisions shall be adopted by a simple majority of the votes of the members present and voting. The Chairman shall have an initial vote and in the event of an equality of votes, a casting vote. Without prejudice to the other requirements of this Act, no decision shall be valid which is not supported by at least two members of the Authority.

(3)Subject to the provisions of this Act the Authority may regulate its own procedure.

(4)Subject to the foregoing provisions of this article, no act or proceeding of the Authority shall be invalidated merely by reason of the existence of any vacancy among its members.

(5)All acts done by any person acting in good faith, as a member of the Authority shall be valid as if he were a member notwithstanding that some defect in his appointment or qualification be afterwards discovered. No act or proceeding of the Authority shall be questioned on the ground of the contravention, by a member, of the provisions of article 9

(8). LOTTERIES AND OTHER GAMES 16.

(1)Without prejudice to any power exercisable by virtue of the provisions of this Act or of any other law, the Authority may at any time serve on a licensee a notice requiring him, in such manner and within such reasonable time as may be specified in the notice, to produce or supply for inspection by or on behalf of the Authority, any books, documents, information or any other thing which the Authority knows, or has reasonable cause to believe, to be in the possession of, or to be known to, the licensee for the purpose of carrying out any of its functions under article 11. Powers of the Authority.

(2)If without reasonable excuse any requirement imposed by a notice served by virtue of subarticle

(1)is not complied with, the licensee shall be guilty of an offence under this Act. 17.

(1)The Authority shall, in consultation with the Minister, appoint inspectors who shall have such powers and functions as are or may be assigned to them by or under this Act or any other law or by or under regulations made thereunder. Inspectors may, in carrying out their functions and in exercising their powers, be assisted by or accompanied with such experts as the Authority may direct. Inspectors.

(2)Inspectors so appointed shall be officers of the Authority and shall act under the instructions of the Authority, acting through the Chief Executive.

(3)The Authority shall cause to be issued to each inspector an identity card which shall specify the name and appointment of the inspector and contain a recent photograph of the inspector.

(4)A person appointed to be an inspector shall, upon ceasing to be an inspector, return his identity card to the Authority. 18.

(1)An inspector shall, for the purpose of ascertaining that the provisions of this Act, or of any regulations made thereunder, or that the conditions of any licence issued thereunder are being complied with, and that the full amount of fees, duty, tax or any other sums payable under this Act or regulations made thereunder are being paid, have the following powers and any other powers as may from time to time be given by means of regulations made under this Act or by the Authority in consultation with the Minister, namely: (

1. a)to require, in writing or orally as he deems appropriate, any person whom the inspector believes, on reasonable grounds, to be in possession or have under his control, any gaming device, amusement machine, amusement machine with prize, books or any other documents whatsoever related to games, amusement games or amusement games with prize, the operation of games or amusement games or amusement games with prize or, generally, gaming (
2. i)to produce such gaming device, amusement machine, amusement machine with prize, books or other documents to the inspector for inspection or testing; or (
3. ii)to attend before the inspector at a reasonable Powers of inspectors. Amended by: XXII. 2009.7; XV. 2011.11. LOTTERIES AND OTHER GAMES (
4. b)(
5. c)(
6. d)(
7. e)(
8. f)time and place specified by the inspector and there to answer such questions, or to supply such information, relating to the gaming device, games, amusement machine, amusement machine with prize, amusement games or amusement games with prize, books or documents as the inspector specifies; to require, in writing or orally as he deems appropriate, a licensee or a person acting on behalf of a licensee or any other person (
9. i)to produce to the inspector for inspection such book or document or any other thing in his custody or control relating to the operation of authorised games as the inspector specifies; or (
10. ii)to attend before the inspector at a reasonable time and place specified by the inspector and there to answer such questions, to supply such information, or to produce such book or document or any other thing relating to the operation of games or amusement games or amusement games with prize as the inspector specifies; to inspect or test any gaming device or amusement machine or amusement machine with prize, inspect such book, document or records, and take copies of or make notes in relation to such book, document or records, relating to the operation of games or amusement games or amusement games with prize, as the inspector considers necessary; to direct any licensee or any person whom the inspector reasonably suspects to be in breach of this Act or any regulations made thereunder, in writing or orally as he deems appropriate, not to use in relation to the operation, promotion or sale of games or amusement games or amusement games with prize, any gaming device or amusement machine or amusement machine with prize that the inspector considers to be unsatisfactory for the use for which it is intended or is not otherwise in conformity with the provisions of this Act or any regulations made thereunder; to receive and, if the inspector thinks that it is appropriate so to do, investigate a complaint with respect to any aspect of the operation of a game or an amusement game and to make a report of the result of such investigation to the Authority; to call to his assistance (
11. i)another inspector; or (
12. ii)an employee of a licensee or any person operating, promoting or selling games or amusement games or amusement games with LOTTERIES AND OTHER GAMES prize, who, in the belief of the inspector, is competent to assist the inspector in the exercise of his powers or in the performance of his duties; (
13. g)to require any person entering or to be found at any place where a game is offered for sale, or where games are being organised or operated, or where gaming takes place, to produce identification documents and, or evidence of his age; (
14. h)to disable or otherwise prevent the use of a gaming device or amusement machine where the inspector considers that such gaming device or amusement machine, or any person operating or hosting such gaming device or amusement machine, is not in conformity with any provision of this Act, regulations issued thereunder or conditions of any licence; and (
15. i)to remove any gaming device or amusement machine and any equipment and, or software connected thereto, from their current location to another location approved and designated by the Authority for the purpose of conducting inspections, testing or examinations on such gaming device, amusement machine, equipment and, or software, and a direction given by an inspector to a licensee in terms of paragraph (
16. d)shall be deemed to be a directive issued by the Authority in terms of this Act for the purposes of this Act.

(2)An inspector shall make a report on the exercise of his functions under this Act to the Authority.

(3)Any person who, without reasonable excuse, hinders, obstructs or otherwise interferes with, or knowingly makes a false or misleading written or oral statement or produces a false document to, an inspector, and any person who fails to assist an inspector in the exercise of his functions and powers and the discharge of his duties, shall be guilty of an offence under this Act.

(4)The licensee shall bear the cost of any inspection and investigation held by the Authority through its inspectors, other Authority officers or third parties appointed by the Authority. The Authority shall have the right to impose any reasonable administrative fee or charge in order to cover its costs in terms of this sub-article. 19. An inspector may at reasonable times, upon production of his identity card, enter and remain in any place where games or amusement games are offered for sale, organised, operated or are otherwise made available to the public, or where gaming takes place, for the purposes of (

1. a)viewing gaming; (
2. b)observing any of the operations of licensees, sellers or operators of games or, generally, of gaming; (
3. c)observing any of the operations of licensees, sellers or Rights of inspectors. Amended by: XXII. 2009.8. LOTTERIES AND OTHER GAMES operators of amusement games; (
4. d)ascertaining whether the operation of licensees, sellers or operators of games or amusement games is being properly conducted, supervised and managed; (
5. e)ascertaining whether the provisions of this Act, or of regulations made thereunder, or of any licences issued thereunder, are being complied with; and (
6. f)in any other respect, exercising his powers or performing his duties. Professional secrecy. Amended by: XXII. 2009.9; XV. 2011.12. 20. Without prejudice to the provisions of the Professional Secrecy Act, any information disclosed to the Authority or any member, officer or employee thereof, the Chief Executive, any Directorate or any inspector, and any document produced in pursuance of the provisions of this Act, shall be secret and confidential and may not be disclosed or produced other than for the purposes of this Act, or to the police for the purposes of any investigation or prosecution of an offence against this Act or when requested to do so by a court of law in any criminal proceedings for an offence against this Act or in any civil proceedings relating to the operation, promotion or sale of any game or amusement game or amusement game with prize, or generally, to gaming. PART V - OFFICERS AND EMPLOYEES OF THE AUTHORITY Staff appointments. 21. Without prejudice to the other provisions of this Act, the appointment of officers and other employees of the Authority shall be made by the same Authority. The terms and conditions of employment shall be established by the Authority. Appointment and functions of officers and employees of the Authority. 22. The Authority shall appoint and employ, at such remuneration and upon such terms and conditions as it may in accordance with article 21 determine, such officers and employees of the Authority as may from time to time be necessary for the due and efficient discharge of the functions of the Authority. Detailing of public officers for duty with the Authority. 23.

(1)The Prime Minister may, at the request of the Authority, from time to time direct that any public officer shall be detailed for duty with the Authority in such capacity and with effect from such date as may be specified in the Prime Minister’s direction.

(2)The period during which a direction as aforesaid shall apply to any officer specified therein shall, unless the officer retires from the public service or otherwise ceases to hold office at an earlier date, or unless a different date is specified in such direction, cease to have effect after one year from the effective date of such direction unless the direction is revoked earlier by the Prime Minister. Status of public officers detailed for duty with the Authority. 24.

(1)Where any officer is detailed for duty with the Authority under any of the provisions of article 23, such officer shall, during the time in which such direction has effect in relation to him, be under the administrative authority and control of the Authority but he shall, for other intents and purposes, remain and LOTTERIES AND OTHER GAMES be considered and treated as a public officer.

(2)Without prejudice to the generality of the foregoing, an officer detailed for duty as aforesaid (

1. a)shall not during the time in respect of which he is so detailed (
2. i)be precluded from applying for a transfer to a department of the Government in accordance with the terms and conditions of service attached to the appointment under the Government held by him at a date on which he is so detailed for duty; or (
3. ii)be so employed that his remuneration and conditions of service are less favourable than those which are attached to the appointment under the Government held by him at the date aforesaid or which would have become attached to such appointment, during the said period, had such officer not been detailed for duty with the Authority; and (
4. b)shall be entitled to have his service with the Authority considered as service with the Government for the purposes of any pension, gratuity or benefit under the Pensions Ordinance and the Widows’ and Orphans’ Pension Act and of any other right or privilege to which he would be entitled, and shall be liable to any liability to which he would be liable, but for the fact of his being detailed for duty with the Authority.

(3)Where an application is made as provided in subarticle

(2)(a)(i), the same consideration shall be given thereto as if the applicant had not been detailed for service with the Authority.

(4)The Authority shall pay to the Government such contributions as may from time to time be determined by the Minister in respect of the cost of pensions and gratuities earned by an officer detailed for duty with the Authority as aforesaid during the period in which he is so detailed. 25.

(1)The Authority may, with the approval of the Prime Minister, offer to any officer detailed for duty with the Authority under the provisions of article 23, permanent employment with the Authority at a remuneration and on terms and conditions not less favourable than those enjoyed by such officer at the date of such offer.

(2)The terms and conditions comprised in any offer made as aforesaid shall not be deemed to be less favourable merely because they are not in all respects identical with or superior to those enjoyed by the officer concerned at the date of such offer, if such terms and conditions, taken as a whole, in the opinion of the Prime Minister offer substantially equivalent or greater benefits. Offer of permanent employment with the Authority to public officers detailed for duty with the Authority. LOTTERIES AND OTHER GAMES

(3)Every officer who accepts permanent employment with the Authority offered to him under the provisions of subarticle

(1)shall, for all purposes other than those of the Pensions Ordinance and of the Widows’ and Orphans’ Pension Act, be deemed to have ceased to be in service with the Government and to have entered into service with the Authority on the date of his acceptance, and for the purposes of the said Ordinance and of the said Act, insofar as this applies in his case, service with the Authority shall be deemed to be service with the Government within the meanings thereof respectively.

(4)Every such officer as aforesaid who, immediately before accepting permanent employment with the Authority was entitled to benefit under the Widows’ and Orphans’ Pensions Act, shall continue to be so entitled to benefit thereunder to all intents as if his service with the Authority were service with the Government.

(5)The Authority shall pay to the Government such contributions as may from time to time be determined by the Minister in respect of the cost of pensions and gratuities earned by an officer who has accepted permanent employment with the Authority as aforesaid during the period commencing on the date of such officer’s acceptance. Amended by: V. 2012.73. Operation or concession for the operation of the National Lottery. Amended by: V. 2012.74. PART VI - THE NATIONAL LOTTERY LICENCE 26.

(1)The Minister may operate the National Lottery or may decide to concede the operation of the National Lottery to another person in accordance with the provisions of this Act: Provided that the Minister may not operate the National Lottery licence at a time while a National Lottery licence is still in force: Provided further that the Minister may operate the National Lottery licence for such time during which a National Lottery licence is suspended in terms of article 35.

(2)Where the National Lottery licence is operated by the Minister, the Minister shall exercise all such powers as may be necessary or expedient for the purposes of such operation and the provisions of this Act relating to the National Lottery licence, other than those relating to licensing and the National Lottery licence, shall apply and have effect with any necessary modifications or adaptations as they apply and have effect in relation to the National Lottery licence as operated by a National Lottery licensee.

(3)Where the Minister decides to concede the operation of the National Lottery to another person, the Authority, and for the first time after the entry into force of this Part the Minister, may by licence authorise a person to operate the National Lottery and any games authorised therein. Only one person may be licensed to operate the National Lottery at any one time. No person, other than the Minister, may operate the National Lottery unless such person is in possession of a valid National Lottery licence. Provided that if the National Lottery licensee does not operate any one of the games prescribed to form part of the LOTTERIES AND OTHER GAMES National Lottery by virtue of regulations made under this Act for a period as prescribed in the National Lottery licence, the Minister shall have the right to concede the operation of such game to another person in terms of regulations issued by the Minister in terms of article 78.

(4)The functions of the Authority relating to the National Lottery and to the National Lottery licensee under this Act shall come into effect immediately after the grant of a National Lottery licence by the Minister for the first time after the entry into force of this Part. 27.

(1)The National Lottery licence shall be issued for such term as the Authority after consultation with the Minister, and for the first time after the entry into force of this Part as the Minister, may specify in the licence, which term shall commence to run on such day as may be specified in the licence as the date from when the licence shall become effective. Such date may be subsequent to, but not preceding, the date of issue of the licence. Duration of National Lottery licence.

(2)Unless a National Lottery licence is previously cancelled, it may be renewed by the Authority for one further period as the Authority after consultation with the Minister may determine.

(3)The renewal of the licence by the Authority shall be subject to the compliance by the National Lottery licensee, during the original term of such licence, with the provisions of this Act and of regulations made thereunder applicable to it and with the terms and conditions of such licence and with any directive issued by the Authority in terms of this Act or of regulations made thereunder and applicable to such licensee, and subject to the acceptance by the Authority of the written application for such renewal made by the licensee to the Authority (a) by such date before the expiry of the original term of the licence as specified in the licence; and (b) containing such information as specified in the licence to be necessary or expedient to enable the Authority to determine whether to renew the said licence.

(4)After the submission of an application for the renewal of a National Lottery licence, the Authority may require the applicant to provide such other information, in addition to that provided together with the application, as may be deemed necessary for the purpose of determining the said application. 28.

(1)An application for a National Lottery licence shall be made by, or on behalf of, or in respect of a company registered or to be registered in Malta the main object of which is or shall be the operation of the National Lottery pursuant to a National Lottery licence under this Act and the doing of all such other things as are incidental or conducive to the attainment of such object and the carrying out of other activities as may be authorised in the licence by the Authority and, for the first time after the entry into force of this Part, by the Minister. Such application shall be made in the form and manner required by the Authority, and for the first time after the entry into force of this Part by the Minister, and such Application for the National Lottery licence. Amended by: V. 2012.75. LOTTERIES AND OTHER GAMES application shall furthermore contain or be accompanied by such information, documents and particulars as the Authority, and for the first time after the entry into force of this Part the Minister, may require or as may be prescribed by regulations.

(2)In the case of an application for the grant of a National Lottery licence to a company which is not yet registered in Malta, the application shall be accompanied by an undertaking by the applicant to register a company in Malta as provided in subarticle

(1)as soon as information is imparted by the Authority, and for the first time after the entry into force of this Part by the Minister, that the licence will be granted to such company when formed.

(3)After the submission of an application for the granting of a National Lottery licence, the Authority, and for the first time after the entry into force of this Part the Minister, may require the applicant to provide such other information, in addition to that p r o v i d e d t o g e t h e r wi t h t h e a p p l i c a t i o n , a s m a y b e de e m e d necessary for the purpose of determining the said application. Grant of National lottery licence. Amended by: V. 2012.76. 29.

(1)The Authority, and for the first time after the entry into force of this Part the Minister, shall not issue a National Lottery licence to a person unless such person is a company registered in Malta the main object of which is the operation of the National Lottery pursuant to a National Lottery licence under this Act and the doing of all such other things as are incidental or conducive to the attainment of such object and the carrying out of other activities as may be authorised in the licence by the Authority and, for the first time after the entry into force of this Part, by the Minister, and unless the Authority or, as the case may be, the Minister is satisfied that (

1. a)all persons holding or owning a qualifying shareholding in the company are fit and proper to benefit from the operation by the company of the National Lottery and to exercise their rights of membership in such manner as to ensure the proper operation by the company of the National Lottery; (
2. b)the director or directors of the company are fit and proper to manage the affairs of the company and to exercise their functions and duties as directors in such manner as to ensure the proper operation by the company of the National Lottery; (
3. c)all persons who appear to the Authority to be likely to manage the business or any part of the business of the operation of the National Lottery are fit and proper persons to do so; (
4. d)the company has, or will have upon the issue of the licence, the financial and technical means and the expertise necessary to properly operate the National Lottery and to fulfil all its obligations under this Act; (
5. e)the company will take out, within seven days from the date of issue of the licence, and will thereafter maintain, the bank guarantee referred to in article 31

(5)as provided and in accordance with the said LOTTERIES AND OTHER GAMES (f) article 31

(5)and

(6); and the company is a fit and proper person to be the holder of the National Lottery licence and to operate the National Lottery, and will comply in all respects with the provisions of this Act and of any regulations made thereunder and applicable to it and with the terms and conditions of the licence and with directives issued by the Authority in terms of this Act or of regulations made thereunder and applicable to it.

(2)When the Authority, and for the first time after the entry into force of this Part the Minister, makes a preliminary decision to issue a National Lottery licence to a particular company registered in Malta, the Authority or, as the case may be, the Minister shall, before the issue of such licence, cause a notice to be published in the Gazette of the intended issue of the said licence, thereby calling upon any interested party to make representations, if any, objecting to the issue of the licence to such company.

(3)Such objection as is mentioned in subarticle

(2)shall be in writing and shall contain a reasoned justification therefor, and is to be received by the Authority or the Minister, as the case may be, within twenty-one days from the date of the publication of the notice in the Gazette.

(4)The Authority or the Minister, as the case may be, shall consider any objection made and received by it as aforesaid before making any final decision as to the issue of the licence.

(5)The grant of a National Lottery licence shall not exonerate the licensee from obtaining any other licence, permit or authorization which may be required under any other law. 30. The National Lottery licence shall be in such form as may be approved by the Authority, and for the first time after the entry into force of this Part by the Minister, and shall inter alia specify: (

1. a)its date of issue; (
2. b)its effective term; (
3. c)the name, registered office and registration number of the licensee; (
4. d)the address in Malta specified by the licensee for the purpose of the service of documents on it; (
5. e)the name and address of the qualifying shareholders, directors and managers of the licensee; (
6. f)the type and particulars of games that can be operated under the licence; (
7. g)such matters relating to the gaming devices allowed to be used under the licence as the Authority considers necessary or expedient to specify; (
8. h)the minimum number, specifications and type of places from where games that can be operated under the licence may be offered for sale, and the minimum number of opening hours of such places; Form of the National Lottery licence. LOTTERIES AND OTHER GAMES (
9. i)such other particulars as the Authority, and for the first time after the entry into force of this Part the Minister, considers necessary or expedient, or as may be prescribed in regulations. The National Lottery licence need not specify any of the matters listed in paragraphs (
10. f)or (
11. h)when and to the extent that such matters are already specified in regulations made under this Act. National Lottery licence conditions and variations and revocations thereof. Amended by: V. 2012.77. 31.

(1)In granting a National Lottery licence the Authority, and for the first time after the entry into force of this Part the Minister, may subject it to such conditions as it may deem appropriate, and after the grant of such licence the Authority may from time to time vary or revoke any condition so imposed, or impose new conditions: Provided that the Authority may not vary any condition or impose any new condition in the National Lottery licence without the consent of the licensee if the licence provides that any such condition may only be varied, or that any such new condition may only be imposed, with the consent of the licensee: Provided further that, without prejudice to the immediately preceding proviso, whenever the Authority deems it appropriate to vary any condition or impose any new condition in the National Lottery licence, the Authority shall, unless such variation or imposition of a new condition has been requested by the licensee himself, inform the licensee, by notice in writing, of its intention to vary the said condition or impose the said new condition, and call upon the said licensee to show cause, within such period as it may establish in the notice and which shall not be less than twenty-one days after the issue of the said notice, why such condition should not be varied or imposed, and it shall be the duty of the Authority to consider any response made by the licensee before varying the condition or imposing the new condition.

(2)Conditions in a National Lottery licence may impose such requirements as may be deemed to be necessary to be complied with by the licensee after the licence has ceased to have effect.

(3)A National Lottery licence may impose conditions requiring the licensee (

1. a)to obtain the consent of the Authority before doing anything specified, or of a description specified, in the licence; and (
2. b)to refer matters specified, or of a description specified, in the licence to the Authority for approval.

(4)A National Lottery licence shall include a condition requiring the licensee to pay to the Authority, at such times as may be determined by or under the licence, such sums out of the proceeds of sale of any games forming part of the National Lottery licence and, or any other sums, fees, duties and, or taxes as may be so determined, which sums, fees, duties and, or taxes shall be in addition to those which the National Lottery licensee may be required to pay under any law other than this Act. LOTTERIES AND OTHER GAMES

(5)A National Lottery licence shall include a condition requiring the licensee to take out, not later than seven days from the date of issue of the licence, a bank guarantee issued by a bank or credit or financial institution acceptable to the Authority, in favour of the Authority and on its own behalf and on behalf of the Government, in such amount as may be specified in the licence or as may be prescribed by regulations, for securing (

1. a)the payment and distribution of prizes by the licensee to winners of games forming part of the National Lottery licence; (
2. b)the payment of fees, taxes, duties or any other sums payable by the licensee to the Authority in terms of the licence; and (
3. c)the payment by the licensee of any fines or administrative penalties imposed on it under Part XII or under regulations made under this Act.

(6)Such bank guarantee as mentioned in subarticle

(5)shall become payable to the Authority on its first demand and it shall not be incumbent upon the relative bank, credit or financial institution which issued the bank guarantee to verify whether such demand is justified. The bank guarantee shall remain valid until the expiry of one year after the expiry of the licence, and shall be subject to such other terms and conditions as may be specified in the licence or as may be prescribed by regulations.

(7)A National Lottery licence shall also include a condition requiring the licensee to submit to the Authority and, or publish, in such manner and at such times as may be specified in the licence, the audited accounts of the licensee and such other accounts, reports, returns and statements as may be specified in the licence.

(8)A National Lottery licence shall be deemed to include a condition that the licensee shall at all times during the period of operation of the licence have as its main object the operation of the National Lottery pursuant to a National Lottery licence under this Act and the doing of all such other things as are incidental or conducive to the attainment of such object and the carrying out of other activities as may be authorised in the licence by the Authority and, for the first time after the entry into force of this Part, by the Minister. 32.

(1)Without prejudice to the following subarticles of this article, it shall be the duty of the National Lottery licensee and of the qualifying shareholders and directors thereof to notify the Authority forthwith of (a) any change in the Board of Directors or management of the licensee, or any material changes in the information and documentation provided in terms of article 28

(1)and

(3)or any other information or documentation provided by the licensee in terms of any other provision of this Act or of regulations made thereunder or in terms of conditions attached to the National Lottery licence; and Changes in ownership or management of the licensee, etc. LOTTERIES AND OTHER GAMES (b) any resolution or intended resolution, or any application or intended application to the Court, or any other action, for the dissolution and winding up of the National Lottery licensee, as soon as they become aware of such changes, resolutions or intended resolutions, applications or intended applications or actions.

(2)Where owing to a change as is referred to in subarticle

(1)(a), whether the Authority has been notified of such change in accordance with the said subarticle or not, a situation arises that had it existed at the time of the application for the grant of the National Lottery licence, it would have disqualified the licensee from obtaining a licence in accordance with article 29

(1), the Authority shall by notice inform the licensee accordingly, and if the situation shall not have been remedied to the satisfaction of the Authority within one calendar month from the notice given to that effect by the Authority, the Authority shall cancel the licence without complying with the provisions of article 35

(1)to

(3)and the provisions of article 35

(4)and

(5)shall mutatis mutandis apply in such circumstances: Provided that the Authority shall not issue a notice as aforesaid later than three calendar months after being notified by the licensee or its qualifying shareholders or directors of the change in accordance with subarticle

(1).

(3)In the circumstances mentioned in subarticle

(1)(b), whether the Authority has been notified of such circumstances in accordance with the said subarticle or not, the Authority may issue such directives to the National Lottery licensee, its qualifying shareholders and, or its directors as it may deem appropriate in such circumstances.

(4)Failure by the licensee or the qualifying shareholders or directors thereof to comply with the provisions of subarticle

(1), or with any directive issued to them by the Authority in terms of subarticle

(3), shall constitute an offence against this Act.

(5)Notwithstanding anything contained in any other law, the approval in writing of the Authority shall be required before any person may lawfully (

1. a)acquire a qualifying shareholding in the National Lottery licensee; (
2. b)increase an existing holding which is not a qualifying shareholding so as to cause it to become a qualifying shareholding in such licensee; (
3. c)increase an existing qualifying shareholding in such licensee so as to cause it to equal or exceed ten per centum or twenty per centum or thirty per centum or forty per centum or fifty per centum of the share capital issued by the licensee or of the voting rights attaching to such share capital, or to cause the licensee to become that person’s subsidiary; (
4. d)reduce an existing qualifying shareholding in such LOTTERIES AND OTHER GAMES licensee so as to cause it to fall below fifty per centum or forty per centum or thirty per centum or twenty per centum or ten per centum of the share capital issued by the licensee or of the voting rights attaching to such share capital, or to cause the licensee to cease to be that person’s subsidiary; (
5. e)reduce an existing qualifying shareholding in such licensee so as to cause it to cease to be a qualifying shareholding; or (
6. f)divest itself of a qualifying shareholding in such licensee.

(6)The Minister may by order in the Gazette or by regulations vary or remove any of the percentages mentioned in subarticle

(5)(c) and (d).

(7)Subarticle

(5)shall apply whether or not any of the relevant shares are shares listed on any Stock Exchange.

(8)It shall be the duty of the National Lottery licensee and of the directors thereof to notify the Authority forthwith upon becoming aware that any person intends to take any of the actions set out in subarticle

(5), and they shall refrain from registering the relevant action according to law or from taking any other action in respect thereof pending instructions from the Authority. Failure by the National Lottery licensee and the directors thereof to comply with the provisions of this subarticle shall constitute an offence against this Act.

(9)Notwithstanding anything contained in any other law, the approval in writing of the Authority shall be required before the National Lottery licensee may lawfully (

1. a)sell or dispose of its business in whole or in part; (
2. b)merge with any other company; (
3. c)undergo any reconstruction, division or any conversion of its status from a company into any other kind of commercial partnership; or (
4. d)increase or reduce its nominal or issued share capital or effect any material change in voting rights.

(10)It shall be the duty of the directors and qualifying shareholders of the National Lottery licensee to notify the Authority forthwith upon becoming aware that the licensee intends to take any of the actions set out in subarticle

(9), and in default they shall be guilty of an offence against this Act.

(11)Any person intending to take any of the actions set out in subarticle

(5)and the National Lottery licensee who intends to take any of the actions set out in subarticle

(9)shall notify the Authority in writing in such form and manner, and such notification shall be accompanied with such information, as may be required by the Authority.

(12)Within two months of receipt of such notification or receipt of such information as the Authority may require, whichever be the later, the Authority shall issue a notice - LOTTERIES AND OTHER GAMES (

1. a)granting unconditional approval to the taking of the action; (
2. b)granting approval to the taking of the action subject to such terms and conditions as the Authority may deem appropriate; or (
3. c)refusing approval to the taking of the action, informing the person concerned or, as the case may be, the National Lottery licensee of the reasons of the refusal, and if the Authority fails to issue any such notice within the said period of two months, it shall be deemed that the Authority has issued a notice in terms of paragraph (a).

(13)If any person or the National lottery licensee takes any action set out in subarticles

(5)and

(9)without obtaining the prior approval of the Authority in terms of this article, or takes any such action without complying with any term and condition specified by the Authority in granting such approval in terms of subarticle ( 1 2 ) ( b ) , h e s h a l l b e g u i l t y o f a n o ff e n c e a g a i n s t t h i s A c t . Furthermore, if any person or the National Lottery licensee takes or intends to take any of the said actions without obtaining the said approval or without complying with the said terms and conditions, then, without prejudice to the power of the Authority to suspend or revoke the National Lottery licence in terms of article 35, where applicable, and without prejudice to any other penalty which may be imposed under this Act, the Authority shall have the power (

1. a)to issue a directive declaring the action to be void and of no effect, which directive shall be effective against all persons involved in such action notwithstanding the provisions of any other law; or (
2. b)to issue a directive to such person or, as the case may be, to the National Lottery licensee (
3. i)restraining the person or the said licensee from taking the action; (
4. ii)requiring the person or the said licensee to take such steps or other action as may be necessary to restore the position existing immediately before the action was taken, within such period as may be specified by the Authority in the directive; (iii) restraining the person or the said licensee from exercising any rights resulting from the action, including the right to receive payments; or (
5. iv)restraining the person or the said licensee from taking any similar action or any action within the categories set out in subarticles

(5)and

(9), and such person or, as the case may be, the National Lottery licensee shall comply with any such directive issued to it by the Authority in terms of this paragraph (b), failing which it shall be guilty of an offence against this Act. Licensee may not assign or transfer the licence. 33.

(1)A National Lottery licence may not be assigned or transferred by the National Lottery licensee to any other person. LOTTERIES AND OTHER GAMES

(2)The National Lottery licensee may not surrender the National Lottery licence during the licence term.

(3)The transfer or assignment of the National Lottery licence by the licensee to any other person shall be considered null and void.

(4)A National Lottery licensee who acts in breach of the provisions of this article shall be guilty of an offence against this Act. 34. The Authority may order the cancellation or suspension of the National Lottery licence if (

1. a)any qualifying shareholder or director or manager of the licensee is convicted of an offence against this Act or of theft, receiving stolen property, fraud or any crime affecting public trust, or is in breach of any directive issued by the Authority in terms of this Act or regulations made thereunder and applicable to it; (
2. b)the licensee contravenes any provision of this Act or of any regulations made thereunder applicable to it, or is in breach of any condition in the National Lottery licence or any directive issued by the Authority in terms of this Act or regulations made thereunder and applicable to it; (
3. c)the licensee knowingly or recklessly supplies to the Authority material information that is false or misleading; (
4. d)the licensee fails to fulfil the licensee’s financial commitments when they become due and payable; (
5. e)the licensee fails to take out and maintain the required bank guarantee as provided and in accordance with article 31

(5)and

(6); (

1. f)the licensee is being wound up; or (
2. g)the Authority is reasonably satisfied that any person holding or owning a qualifying shareholding in the licensee is not, or has ceased to be, a fit and proper person to benefit from the operation of the National Lottery by the licensee or to exercise his rights of membership in such manner as to ensure the proper operation of the National Lottery by the licensee; (
3. h)the Authority is reasonably satisfied that any director of the licensee is not, or has ceased to be, a fit and proper person to manage the affairs of the licensee and to exercise his functions and duties as director in such manner as to ensure the proper operation of the National Lottery by the licensee; (
4. i)the Authority is reasonably satisfied that any person who is managing the business or any part of the business of the operation of the National Lottery is not, or has ceased to be, a fit and proper persons to do so; Grounds for the cancellation or suspension of the National Lottery licence. LOTTERIES AND OTHER GAMES (
5. j)Procedures for the cancellation or suspension of the National Lottery licence. the Authority is reasonably satisfied that the licensee is not, or has ceased to be, a fit and proper person to be the holder of the National Lottery licence and to operate the National Lottery, or it reasonably deems it necessary in the national interest to cancel or suspend the National Lottery licence. 35.

(1)Where a ground for cancellation or suspension of the National Lottery licence arises under article 34, the Authority, by notice in writing, shall request the licensee, and may request any other person who in its opinion has an interest in the licence, to show cause, within such period as may be established in the same notice being not less than twenty-one days after the issue of the notice, why the licence should not be cancelled or suspended on such ground as stated in the notice.

(2)The Authority shall consider any response made under subarticle

(1)and (

1. a)where the matter is resolved to its satisfaction, it shall take no further action and shall inform the licensee in writing accordingly; (
2. b)where, although the matter is not resolved to its satisfaction, it considers that no further action is warranted, it shall caution the licensee in writing; or (
3. c)where the matter is not resolved to its satisfaction, and it considers that further action is warranted, it may (
4. i)by notice in writing, give such direction to the licensee as it considers appropriate; or (
5. ii)suspend for such period as it thinks fit, or cancel, the licence.

(3)Where a direction given by the Authority under subarticle

(2)(c)(i) is not complied with within the time limit specified in the notice, the Authority shall cancel the licence.

(4)The Authority shall immediately inform the Minister about the existence of a ground for cancellation or suspension of the National Lottery licence and keep him continuously informed of all measures being adopted in that regard.

(5)The Authority shall also immediately inform the Minister about its decision to suspend or cancel the licence and shall take all reasonable measures which are necessary or expedient to guarantee the uninterrupted operation of the National Lottery. Permit for person to sell games forming part of the National Lottery licence. Amended by: V. 2012.78. 36.

(1)No person may sell games forming part of the National Lottery licence unless such person is in possession of a valid permit issued by the Authority.

(2)Application for such permit shall be made to the Authority by the proposed seller in such form and manner, and shall contain or be accompanied with such information, documents and particulars, including evidence of the authority or appointment of the applicant given or made by the National Lottery licensee to sell games forming part of the National Lottery licence, as the LOTTERIES AND OTHER GAMES Authority may require or as may be prescribed by regulations.

(3)The Authority shall not issue any such permit unless it is satisfied that the applicant is a fit and proper person to sell games forming part of the National Lottery licence and that he satisfies any other requirement and has any other qualifications as may be prescribed by regulations.

(4)In granting any such permit the Authority may subject the permit to such conditions as the Authority may deem appropriate, and after the grant of such permit the Authority may from time to time vary or revoke any condition so imposed or impose new conditions: Provided that whenever the Authority deems it appropriate to vary any condition or impose any new condition in any such permit, the Authority shall, unless such variation or imposition of a new condition has been requested by the permit holder himself, by notice in writing inform the permit holder and the National Lottery licensee of its intention to vary the said condition or to impose the said new condition, calling upon the said permit holder and licensee to show cause, within such period being not less than seven days after the issue of the notice as may be specified in the same notice, why such condition should not be varied or such new condition should not be imposed, and the Authority shall consider any response made by the permit holder and the licensee within the period specified in the notice, before varying the condition or before imposing the new condition.

(5)Without prejudice to the provisions of sub-article

(6), any such permit shall cease to have effect upon the revocation or termination of the authority or appointment of the permit holder given or made by the National Lottery licensee to sell games forming part of the National Lottery licence or in the event that a National Lottery licence ceases to have effect for any reason whatsoever and the holder of any new National Lottery licence issued in terms of this Part does not authorise or appoint the permit holder to sell games forming part of the National Lottery licence.

(6)The Authority may order the cancellation or the suspension of such permit (

1. i)if the permit holder contravenes any provision of this Act or any regulations made thereunder applicable to it, or is in breach of any condition in the permit; (
2. ii)if the Authority is reasonably satisfied that the permit holder is not or has ceased to be a fit and proper person to sell games forming part of the National Lottery; (iii) in any other circumstance prescribed by regulations made under this Act.

(7)(a) Where a ground for cancellation or suspension of the permit arises under subarticle

(6), the Authority, by notice in writing, shall request the permit holder and the National Lottery licensee, and may request any other person who in its opinion has an interest in the LOTTERIES AND OTHER GAMES permit, to show cause, within such period as may be established in the same notice being not less than twenty-one days after the issue of the notice, why the permit should not be cancelled or suspended on such ground as stated in the notice. (

1. b)The Authority shall consider any response made by the permit holder, the National Lottery licensee or any other person as aforesaid within the period specified in the notice, and (
2. i)where the matter is resolved to its satisfaction, it shall take no further action and shall inform the permit holder in writing accordingly; (
3. ii)where, although the matter is not resolved to its satisfaction, it considers that no further action is warranted, it shall caution the permit holder in writing; or (iii) where the matter is not resolved to its satisfaction, and it considers that further action is warranted, it may

(1)by notice in writing, give such direction to the permit holder as it considers appropriate; or

(2)suspend for such period as it thinks fit, or cancel, the permit. (c) Where a direction given by the Authority under paragraph (b)(iii)

(1)is not complied with within the time limit specified in the notice, the Authority shall cancel the permit.

(8)A permit referred to in subarticle

(1)shall be considered null and void if the holder of such permit assigns or transfers the permit to any other person.

(9)Any person who sells games forming part of the National Lottery licence in contravention of subarticle

(1)shall be guilty of an offence under this Act. PART VII - OTHER GAMES Requirement of a non-profit game licence. 37.*

(1)The Authority may grant a licence to a non-profit organization to operate a non-profit game in terms of the provisions of the First Schedule.

(2)No person may operate a non-profit game unless such person is in possession of a valid non-profit game licence. Any person who acts in breach of the provisions of this subarticle shall be guilty of an offence against this Act. Requirement of a tombola (bingo) hall licence. 38.*

(1)The Authority may grant a licence to a company registered in Malta to operate commercial tombola games in a tombola (bingo) hall in terms of the provisions of the Second Schedule. *This article is not yet in force. LOTTERIES AND OTHER GAMES

(2)Without prejudice to the provisions of item 5

(4)of the Second Schedule, no person may operate commercial tombola games in a tombola (bingo) hall unless such person is in possession of a valid tombola (bingo) hall licence. Any person who acts in breach of the provisions of this subarticle shall be guilty of an offence against this Act. 39. * If the tombola (bingo) hall forms part of a casino complex, where casino gaming is allowed to be operated in terms of a casino licence granted in terms of the Gaming Act, the age limit and prohibitions as laid down in article 26 of the Gaming Act, shall apply. Failure by either a casino licensee or a tombola (bingo) hall licensee to comply with this article shall constitute an offence against this Act. Age limit in a tombola (bingo) hall. 40.*

(1)The Authority may grant a licence to a person to operate a commercial communication game in terms of the provisions of the Third Schedule. Requirement of a commercial communication game licence.

(2)No person may operate a commercial communication game unless such person is in possession of a valid commercial communication game licence. Any person who acts in breach of the provisions of this subarticle shall be guilty of an offence against this Act.

(3)Whenever a person, in agreement with the National Lottery licensee, utilizes tickets or other means of participation in a game or games forming part of the National Lottery as the prizes which can be won in a commercial communication game, such commercial communication game shall be exempt from the requirement of a commercial communication game licence under this article. 41.*

(1)The Authority may grant a licence to the owner or operator of a radio or television station, or a sub-contractor thereof, to operate a broadcasting media game in terms of the provisions of the Fourth Schedule. Requirement of a broadcasting media game licence.

(2)No person may operate a broadcasting media game unless such person is in possession of a valid broadcasting media game licence. Any person who acts in breach of the provisions of this subarticle shall be guilty of an offence against this Act. 42. (Repealed by Act XXII. 2009.10.). 43. †

(1)The Authority may grant a licence to an approved racing club or other person to operate (

1. a)racecourse bets on horse races and, or dog races conducted on an approved racecourse or approved racecourses at approved meetings; and, or (
2. b)sweepstakes in connection with horse races conducted on an approved racecourse or approved racecourses at approved meetings, *This article is not yet in force. †This article is not yet in force. Requirement of a VLT licence. Requirement of a racecourse betting licence. LOTTERIES AND OTHER GAMES in terms of the provisions of the Sixth Schedule.

(2)No person may operate racecourse bets or sweepstakes unless such person is in possession of a valid racecourse betting licence. Any person who acts in breach of the provisions of this subarticle shall be guilty of an offence against this Act. PART VIII - APPROVAL OF RACECOURSES AND RACING CLUBS AND APPOINTMENT OF RACECOURSE CONTROL BOARDS Approval of racecourses. 44.*

(1)(

1. a)The Minister responsible for sport may grant a certificate of approval in respect of any racecourse and any ground adjacent thereto for the purpose of conducting therein horse races and, or dog races and activities ancillary to such races. (
2. b)The said Minister may grant such certificate of approval in respect of any racecourse and any ground adjacent thereto which is owned by the Government of Malta, in which case the following provisions of this article 44 shall apply to the said Government only to such extent as the said M i n i s t e r m a y, o n t h e a d v i c e of t h e C a b i n e t , determine in the certificate of approval.

(2)An application for a certificate of approval referred to in subarticle

(1)shall be made by the owner of the racecourse and any ground adjacent thereto which are the subject of the application, in such form and manner required by the Minister responsible for sport or as prescribed by regulations made by the said Minister under article 78

(6), and shall furthermore contain or be accompanied by such information, documents and particulars as the said Minister may require or as may be prescribed by regulations made by the said Minister under article 78

(6).

(3)The Minister responsible for sport shall not grant any such certificate of approval unless he is satisfied that the applicant and, or the racecourse and any ground adjacent thereto which are the subject of the application, satisfy or meet, and will after the grant of the certificate continue to satisfy or meet, such requirements, specifications and criteria as may be prescribed by regulations made by the said Minister under article 78

(6), and unless the said Minister is satisfied that the applicant will comply in all respects with the provisions of this Part and of any regulations made under article 78

(6)and applicable to it and with the terms and conditions of the certificate of approval.

(4)In granting such certificate of approval, the Minister responsible for sport may subject it to such conditions as he may deem appropriate or as may be prescribed by regulations made by him under article 78

(6), and after the grant of such certificate the said Minister may from time to time vary or revoke any condition so imposed or impose new conditions: Provided that whenever the Minister responsible for sport *This article is not yet in force LOTTERIES AND OTHER GAMES deems it appropriate to vary any condition or impose any new condition in any such certificate of approval, the said Minister shall, unless such variation or imposition of a new condition has been requested by the holder of the certificate himself, by notice in writing inform such holder of his intention to vary the said condition or to impose the said new condition, calling upon such holder to show cause, within such period being not less than seven days after the issue of the notice as may be specified in the same notice, why such condition should not be varied or such new condition should not be imposed, and the said Minister shall consider any response made by the holder of the certificate within the period specified in the notice, before varying the condition or before imposing the new condition.

(5)The Minister responsible for sport may revoke a certificate of approval referred to in subarticle

(1)(i) if the holder of such certificate contravenes any provision of this Part and of any regulations made under article 78

(6)and applicable to it, or is in breach of any condition in the certificate; (ii) if the said Minister is reasonably satisfied that the holder of the certificate of approval and, or the racecourse and any ground adjacent thereto to which the certificate relates, no longer satisfy or meet the requirements, specifications and criteria referred to in subarticle

(3), or if the said Minister reasonably deems it necessary in the national interest or in the interest of the horse and, or dog breed to revoke the certificate of approval; and (iii) in any other circumstance prescribed by regulations made by the said Minister under article 78

(6).

(6)Before revoking a certificate of approval referred to in subarticle

(1)on any of the grounds referred to in subarticle

(5), the Minister responsible for sport shall, by notice in writing, request the holder of the certificate to show cause, within such period as may be established in the same notice being not less than twentyone days after the issue of the notice, why the certificate should not be revoked on such ground as stated in the notice, and the said Minister shall consider any response made by such holder within the period specified in the notice before revoking the certificate.

(7)The holder of a certificate of approval referred to in subarticle

(1)shall forthwith inform the Minister responsible for sport upon becoming aware of any material changes in the information, documents and particulars provided by such holder in terms of subarticle

(2)or in terms of any other provision of this Part or of regulations made under article 78

(6), and in default he shall be guilty of an offence against this Part.

(8)The holder of a certificate of approval referred to in subarticle

(1)may not assign or transfer to any person the said certificate, or the ownership of the whole or any part of the LOTTERIES AND OTHER GAMES racecourse and any ground adjacent thereto to which the certificate relates, without the prior approval in writing of the Minister responsible for sport, and if such approval is given, such holder may then take any of the aforesaid actions subject to such terms and conditions as may be specified by the said Minister in its approval. A certificate of approval referred to in subarticle

(1)shall be considered null and void if the holder thereof takes any of the aforesaid actions without the prior approval in writing of the Minister responsible for sport, or in breach of any terms and conditions specified by the said Minister in any such approval. The holder of the said certificate of approval shall not be required to seek and obtain the prior approval of the Minister responsible for sport before transferring the ownership of the whole or any part of the racecourse and any ground adjacent thereto to which the certificate relates if, before effecting any such transfer, he surrenders the said certificate of approval. The holder of such certificate of approval who acts in breach of the provisions of this subarticle shall be guilty of an offence against this Part.

(9)The grant of a certificate of approval referred to in subarticle

(1)shall not exonerate the holder of such certificate from obtaining any other licence, permit or authorization which may be required under any other law.

(10)The owner of any place which is not an approved racecourse and who uses or knowingly permits the use of such place for the purpose of conducting therein horse races and, or dog races and, or activities ancillary to such races shall be guilty of an offence against this Part.

(11)Any person who organises or conducts, or who in any way participates in the organisation or conduct of, or who acts as a judge, steward, runner or in any other way participates in, horse races or dog races in any place which is not an approved racecourse shall be guilty of an offence against this Part. Approval of racing clubs. 45.*

(1)The Minister responsible for sport may grant a certificate of approval to any racing club for the purposes of organising and conducting horse races and, or dog races on an approved racecourse or approved racecourses: Provided that where the racing club is an individual who owns an approved racecourse in accordance with the definition of "racing club" in article 2

(1), the Minister may only grant such certificate of approval to such individual for the purpose of organising and conducting horse races and, or dog races only on the said approved racecourse owned by such individual.

(2)An application for a certificate of approval referred to in subarticle

(1)shall be made by the racing club concerned, in such form and manner required by the Minister responsible for sport or as prescribed by regulations made by the said Minister under article 78

(6), and shall furthermore contain or be accompanied by such information, documents and particulars as the said Minister may require or as may be prescribed by regulations made by the said *This article is not yet in force. LOTTERIES AND OTHER GAMES Minister under article 78

(6).

(3)The Minister responsible for sport shall not grant any such certificate of approval unless he is satisfied that the applicant satisfies or meets, and will after the grant of the certificate continue to satisfy or meet, such requirements and criteria as may be prescribed by regulations made by the said Minister under article 78

(6), and unless the said Minister is satisfied that the applicant will comply in all respects with the provisions of this Part and of any regulations made under article 78

(6)and applicable to it, with the terms and conditions of the certificate of approval and with any rules and regulations made by any Racecourse Control Board in terms of this Part or regulations made under article 78

(6)and applicable to it.

(4)In granting such certificate of approval, the Minister responsible for sport may subject it to such conditions as he may deem appropriate or as may be prescribed by regulations made by him under article 78

(6), and after the grant of such certificate the said Minister may from time to time vary or revoke any condition so imposed or impose new conditions: Provided that whenever the Minister responsible for sport deems it appropriate to vary any condition or impose any new condition in any such certificate of approval, the said Minister shall, unless such variation or imposition of a new condition has been requested by the holder of the certificate himself, by notice in writing inform such holder of his intention to vary the said condition or to impose the said new condition, calling upon the holder to show cause, within such period being not less than seven days after the issue of the notice as may be specified in the same notice, why such condition should not be varied or such new condition should not be imposed, and the said Minister shall consider any response made by the holder of the certificate within the period specified in the notice, before varying the condition or before imposing the new condition.

(5)The Minister responsible for sport may revoke a certificate of approval referred to in subarticle

(1)(i) if the holder of such certificate contravenes any provision of this Part and of any regulations made under article 78

(6)and applicable to it, or is in breach of any condition in the certificate or of any rules and regulations made by any Racecourse Control Board in terms of this Part or regulations made under article 78

(6)and applicable to it; (ii) if the said Minister is reasonably satisfied that the holder of the certificate of approval no longer satisfies or meets the requirements and criteria referred to in subarticle

(3), or if the said Minister reasonably deems it necessary in the national interest or in the interest of the horse and, or dog breed to revoke the certificate of approval; and LOTTERIES AND OTHER GAMES (iii) in any other circumstance prescribed by regulations made by the said Minister under article 78

(6).

(6)Before revoking a certificate of approval referred to in subarticle

(1)on any of the grounds referred to in subarticle

(5), the Minister responsible for sport shall, by notice in writing, request the holder of the certificate to show cause, within such period as may be established in the same notice being not less than twentyone days after the issue of the notice, why the certificate should not be revoked on such ground as stated in the notice, and the said Minister shall consider any response made by such holder within the period specified in the notice before revoking the certificate.

(7)The holder of a certificate of approval referred to in subarticle

(1)shall forthwith inform the Minister responsible for sport upon becoming aware of any material changes in the information, documents and particulars provided by such holder in terms of subarticle

(2)or in terms of any other provision of this Part or of regulations made under article 78

(6), and in default he shall be guilty of an offence against this Part.

(8)The holder of a certificate of approval referred to in subarticle

(1)may not assign or transfer the said certificate to any person without the prior approval in writing of the Minister responsible for sport, and if such approval is given, such holder may then assign or transfer such certificate subject to such terms and conditions as may be specified by the said Minister in its approval. A certificate of approval referred to in subarticle

(1)shall be considered null and void if the holder thereof transfers or assigns the same to any person without the prior approval in writing of the Minister responsible for sport, or in breach of any terms and conditions specified by the said Minister in any such approval. The holder of such certificate of approval who acts in breach of the provisions of this subarticle shall be guilty of an offence against this Part.

(9)The grant of a certificate of approval referred to in subarticle

(1)shall not exonerate the holder of such certificate from obtaining any other licence, permit or authorization which may be required under any other law.

(10)Any person who is not an approved racing club and who organises or conducts any horse race or dog race shall be guilty of an offence against this Part.

(11)The owner of any place who knowingly permits the use of such place for the purpose of the organisation or conduct therein of any horse race and, or dog race by a person who is not an approved racing club shall be guilty of an offence against this Part. Appointment of Racecourse Control Boards. 46.*

(1)The Minister responsible for sport shall appoint in respect of each approved racecourse a Racecourse Control Board which shall be constituted and the proceedings of which shall be conducted in accordance with the provisions of the Ninth Schedule. *This article is not yet in force. LOTTERIES AND OTHER GAMES

(2)The functions of a Racecourse Control Board shall be (a) to supervise the conduct of horse races and dog races on the approved racecourse in respect of which such Board has been appointed to ensure that such races are conducted fairly and properly and in accordance with the provisions of this Part and of regulations made by the Minister responsible for sport under article 78

(6)and in accordance with rules and regulations made by such Board itself in terms of this Part or regulations made under article 78

(6); (

1. b)to approve the holding of meetings at which horse races and, or dog races, other than trial races, are to be conducted on the approved racecourse in respect of which such Board has been appointed; (
2. c)to advise the Minister responsible for sport on new developments in, and any matter relating to, horseracing and dog racing and the conduct thereof and racecourses; (
3. d)to perform any other function as may from time to time be assigned to it by this Part or regulations made under article 78

(6).

(3)Subject to any relevant regulations made by the Minister responsible for sport under article 78

(6), a Racecourse Control Board may appoint judges and stewards in respect of horse races and dog races taking place on the approved racecourse in respect of which such Board has been appointed and may make rules and regulations relating to (

1. a)the conduct of horse races and dog races on the approved racecourse in respect of which such Board has been appointed; (
2. b)the payments to be made by the approved racing club or approved racing clubs organising and conducting horse races and, or dog races on the approved racecourse in respect of which such Board has been appointed to (
3. i)the judges and stewards appointed by the Board as provided in this subarticle; and (
4. ii)the Board itself in respect of the performance of its functions; (
5. c)such other matters as may be prescribed by regulations made by the Minister responsible for sport under article 78

(6).

(4)A Racecourse Control Board shall also have such other powers as may be prescribed by regulations made by the Minister responsible for sport under article 78

(6). PART IX - PROVISION OF MONEY FOR GAMING 47.

(1)It shall not be lawful, and shall constitute an offence against this Act, for a licensee or an operator of a game exempt Restriction on credit. LOTTERIES AND OTHER GAMES from licence under this Act or regulations made thereunder, or any person acting on behalf of such licensee or operator or under any arrangement with him, to make any loan or otherwise provide or allow any credit to any person for enabling such person to participate in authorised games.

(2)It shall likewise not be lawful, and shall constitute an offence against this Act, for the holder of a permit granted under regulations made under article 78

(3)or any person acting on his behalf or under any arrangement with him to make any loan or otherwise provide or allow any credit to any person for enabling such person to participate in games operated in terms of the said permit. Applicability of the Civil Code. 48. Article 1716 of the Civil Code shall not apply with respect to an authorised game and to a game operated in terms of a permit granted under regulations made under article 78

(3). Payment of stakes and prizes. 49.

(1)Subject to any regulations made by the Minister or any relevant directive that may be issued by the Authority, a licensee, or operator of a game exempted from licence under this Act or regulations made thereunder, or the holder of a permit granted under regulations made under article 78

(3), or any person acting on behalf of such licensee, operator or permit holder or under any arrangement with him, may (

1. a)accept payment of a stake in respect of an authorised game or, as the case may be, in respect of a game operated in terms of the said permit (
2. i)in cash; or (
3. ii)except where he has reasonable cause to believe that such means of payment will not be honoured upon presentation or claim therefor, by cheque, credit card, debit card or any other lawful means of payment, whether documentary or electronic; and (
4. b)effect payment of any monetary prize won in an authorised game or, as the case may be, in a game operated in terms of the said permit, by any of the means of payment referred to in subarticle

(1)(a)(i).

(2)The acceptance of payment of stakes in accordance with the provisions of subarticle

(1)(a) shall not be deemed to be contrary to the provisions of article 47.

(3)The provisions of article 1713 of the Civil Code shall not prejudice (a) the right of a licensee, operator, permit holder or person referred to in subarticle

(1), to recover a debt arising from the acceptance of payment of a stake by any of the means of payment referred to in subarticle

(1)(a) in accordance with the provisions of the said subarticle

(1)(a); or (b) the right of a winner of a monetary prize under an authorised game or, as the case may be, under a game LOTTERIES AND OTHER GAMES operated in terms of a permit granted under regulations made under article 78

(3), to recover any debt arising from acceptance of payment of such prize by any of the means of payment referred to in subarticle

(1)(b). PART X - FINANCIAL PROVISIONS 50.

(1)Without prejudice to the following provisions of this a r t i c l e , t h e A u t h o r i t y s h a l l s o c o n d u c t i t s a ff a i r s t h a t t h e expenditure required for the proper performance of its functions shall, as far as practicable, be met out of its revenue.

(2)For such purpose as is mentioned in subarticle

(1)the Authority shall levy all fees, rates, taxes, duties and other payments prescribed or deemed to be prescribed by or under this Act or any other law or regulations made thereunder related to the powers and functions of the Authority.

(3)The Authority shall also be paid by Government out of the Consolidated Fund such sums as the House may from time to time authorise to be appropriated to meet the costs of specified works to be continued or otherwise carried out by the Authority, being works of infrastructure or a similar capital nature.

(4)Any funds of the Authority, other than funds standing to the credit of the Gaming Authority National Lottery Reserve Fund referred to in subarticle

(6), which are not immediately required to meet expenditure may be invested in such manner as may from time to time be approved by the Minister.

(5)Any excess of revenue over expenditure shall, subject to such directions as the Minister may from time to time give and subject to the provisions of subarticle

(6), be applied by the Authority to the formation of reserve funds to be used for the purposes of the Authority; and without prejudice to the generality of the powers given to the Minister by this subarticle, any direction given by the Minister as aforesaid may order the transfer to the Government, or the application in such manner as may be specified in the direction, of any part of the fees, rates, taxes and duties and other payments levied in accordance with subarticle

(2)or any such excess as aforesaid.

(6)Without prejudice to the powers of the Minister under subarticle

(5), the Authority shall create and maintain a reserve fund, to be styled as the "Gaming Authority National Lottery Reserve Fund", to which there shall be credited and paid by the Authority, immediately upon receipt thereof (a) such percentage of the gross sums, fees, duties and, or taxes paid by the National Lottery licensee to the Authority in terms of article 31

(4)as may be prescribed by regulations made by the Minister under this Act; (b) the gross amounts paid by the National Lottery licensee to the Authority in terms of article 59

(2); and (c) any other amounts which the Authority is required to Authority to meet expenditure out of revenue and constitution of National Lottery Good Causes Fund. LOTTERIES AND OTHER GAMES credit and pay into the Gaming Authority National Lottery Reserve Fund under any other provision of this Act or of any other law or of regulations made thereunder, and all funds standing to the credit of the Gaming Authority National Lottery Reserve Fund after the end of each financial year shall, not later than six weeks from the end of such financial year, be paid by the Authority into the Treasury and shall be credited to the National Lottery Good Causes Fund created by subarticle

(7). The Authority shall not dispose of or use any funds from time to time standing to the credit of the Gaming Authority National Lottery Reserve Fund in any manner or for any purpose other than as provided in this subarticle.

(7)There shall be created and kept in the Treasury Department an account to be styled "National Lottery Good Causes Fund" to which there shall be credited and paid the credit balance in the Gaming Authority National Lottery Reserve Fund paid by the Authority to the Treasury in terms of subarticle

(6). The funds from time to time standing to the credit of the National Lottery Good Causes Fund shall be paid out by the Minister, without any further appropriation other than this Act, to such persons, organisations, bodies or other entities pursuing objectives of a religious, philanthropic, cultural, sports, educational, social or civic nature or in support of other deserving causes, and in such amounts, in such manner and at such times, as may be determined by the Minister from time to time after consultation with an Advisory Board appointed by him for the purpose.

(8)A statement of the receipts and expenditure of the National Lottery Good Causes Fund shall, as soon as possible after the close of each financial year and in any case not later than three months after the close of such year, be forwarded by the Accountant General to the Auditor General, and article 65

(2)of the Financial Administration and Audit Act shall apply to such statement. The Minister shall, at the earliest opportunity and not later than four weeks after such statement has been certified by the Auditor General as provided in this subarticle, or if at any time during that period the House is not in session, within four weeks from the beginning of the next following session, cause a copy of