beginning of the next following session, cause a copy of such statement to be laid on the Table of the House.
\n
Power to borrow or raise capital.
\n
51.For the purpose of carrying out any of its functions under this Act, the Authority may, with the approval in writing of the Minister, borrow or raise money in such manner, from such person, body or authority, and under such terms and conditions as the Minister may approve in writing.
\n
Advances from Government.
\n
52.The Minister may make advances to the Authority of such sums as he may agree to be required by the Authority for carrying out any of its functions under this Act, and may make such advances on such terms and conditions as he may deem appropriate. Any such advance may be made by the Minister out of the Consolidated Fund, and without further appropriation other than this Act, by warrant under his hand authorising the Accountant General to make such advance.
\n
LOTTERIES AND OTHER GAMES 53. (1) The Minister may, for any requirements of the Authority of a capital nature, contract or raise loans, or incur liabilities, for such periods and on such terms and conditions as he may deem appropriate; and any sums due in respect of or in connection with any such loan or liability shall be a charge on the Consolidated Fund.
\n
Borrowing from Government.
\n
(2)Notice of any loans, liabilities or advances made or incurred under the foregoing provisions of this article shall be given to the House as soon as possible.
\n
(3)Pending the raising of any such loan as is mentioned in subarticle (1), or for the purpose of providing the Authority with working capital, the Minister may, by warrant under his hand, and without further appropriation other than this Act, authorise the Accountant General to make advances to the Authority out of the Treasury Clearance Fund under such terms as may be specified by the Minister upon the making thereof.
\n
(4)The proceeds of any loan raised for the purposes of making advances to the Authority, and any other moneys to be advanced to the Authority under this article, shall be paid into a fund specially established for the purpose and which shall be known as the \"Malta Lotteries and Gaming Loan Fund\".
\n
(5)Sums received by the Accountant General from the Authority, in respect of advances made to the Authority under subarticle (3) shall be paid, as respects of amounts received by way of repayment into the Treasury Clearance Fund and, as respects of amounts received by way of interest into the Consolidated Fund.
\n
54.(1) The Authority shall cause to be prepared in every financial year, and shall not later than six weeks after the end of each such year adopt, estimates of the income and expenditure of the Authority for the next following financial year:
\n
Provided that the estimates for the first financial year of the Authority shall be prepared and adopted within such time as the Minister may by notice in writing to the Authority specify.
\n
(2)In the preparation of such estimates, the Authority shall take account of any funds and other monies that may be due to be paid to it out of the Consolidated Fund during the relevant financial year, whether by virtue of this Act or an appropriation Act or of any other law; and the Authority shall so prepare the said estimates as to ensure that the total revenues of the Authority are at least sufficient to meet all sums properly chargeable to its revenue account including, but without prejudice to the generality of that expression, depreciation.
\n
(3)The estimates shall be made out in such form and shall contain such information and such comparison with previous years as the Minister may direct.
\n
(4)A copy of the estimates shall, upon their adoption by the Authority, be sent forthwith by the Authority to the Minister.
\n
(5)The Minister shall, at the earliest opportunity and not later than six weeks after he has received a copy of the estimates from Estimates of the Authority.
\n
LOTTERIES AND OTHER GAMES the Authority, approve the same with or without amendment.
\n
Expenditure to be according to approved estimates.
\n
55.(1) No expenditure shall be made or incurred by the Authority unless it has been approved by the Minister as provided in article 54.
\n
(2)Notwithstanding the provisions of subarticle (1) (a) until the expiry of six months from the beginning of a financial year, or until the approval of the estimates for that year by the Minister, whichever is the earlier date, the Authority may make or incur expenditure for carrying on its functions under this Act not exceeding in the aggregate one-half of the amount approved by the Minister for the preceding financial year; (b) expenditure approved in respect of a head or sub-head of the estimates may, with the approval of the Minister, be made or incurred in respect of another head or subhead of the estimates; (c) in respect of the first financial year, the Authority may make or incur expenditure not exceeding in the aggregate such amounts as the Minister may allow; (d) if in respect of any financial year it is found that the amount approved by the Minister is not sufficient or a need has arisen for expenditure for a purpose not provided for in the estimates, the Authority may adopt supplementary estimates for approval by the Minister and in any such case the provisions of this Act applicable to the estimates shall as near as practicable apply to the supplementary estimates.
\n
Publication of approved estimates.
\n
56.The Minister shall, at the earliest opportunity and not later than eight weeks after he has received a copy of the estimates and supplementary estimates of the Authority, or if at any time during that period the House is not in session, within eight weeks from the beginning of the next following session, cause such estimates to be laid on the Table of the House.
\n
Accounts and audit.
\n
57.(1) The Authority shall cause to be kept proper accounts and other records in respect of its operations, and shall cause to be prepared a statement of accounts in respect of each financial year.
\n
(2)The accounts of the Authority shall be audited by an auditor or auditors to be appointed by the Authority and approved by the Minister:
\n
Provided that the Minister may require the books and accounts of the Authority to be audited or examined by the Auditor General who shall for the purpose have all the powers set out in the Auditor General and National Audit Office Act.
\n
(3)After the end of each financial year, and not later than the date on which the estimates of the Authority are forwarded to the Minister under article 54, the Authority shall cause a copy of the statement of account duly audited to be transmitted to the Minister together with a copy of any report made by the auditors on that statement or on the accounts of the Authority.
\n
LOTTERIES AND OTHER GAMES
\n
(4)The Minister shall, at the earliest opportunity and not later than eight weeks after he has received a copy of every such statement and report, or if at any time during that period the House is not in session, within eight weeks from the beginning of the next following session, cause every such statement and report to be laid on the Table of the House.
\n
58.(1) All monies accruing to the Authority shall be paid into a bank or banks appointed as bankers of the Authority by a resolution of the Authority; such monies shall, as far as practicable, be paid into any such banks from day to day, except such sum as the Authority may authorise to be retained to meet petty disbursements and immediate cash payments.
\n
Deposit of revenues and payments by the Authority.
\n
(2)All payments out of the funds of the Authority, other than petty disbursements not exceeding a sum fixed by the Authority, shall be made by such officer or officers of the Authority as the same Authority shall appoint or designate for that purpose.
\n
(3)Cheques against and withdrawals from any bank account of the Authority shall be signed by such officer of the Authority as may be appointed or designated by the Authority for that purpose and shall be countersigned by the Chairman, or such other member or officer of the Authority as may be authorised by the Authority for that purpose.
\n
(4)The Authority shall also make provision with respect to (a) the manner in which, and the officer or officers by whom, payments are to be authorised or approved; (b) the title of any account held with the bank or banks into which the monies of the Authority are to be paid, and the transfer of funds from one account to the other; (c) the method to be adopted in making payments out of funds of the Authority, and generally with respect to any matter which is relevant to the proper keeping and control of the accounts and books, and the control of the finance, of the Authority.
\n
59.(1) The National Lottery licensee shall maintain a reserve, to be styled as the Unclaimed Prizes Reserve, to which there shall be credited and paid by such licensee an amount equal to the value of any monetary prize or to the retail value of any non-monetary prize in an authorised game operated by such licensee in terms of the National Lottery licence, which remains unclaimed at the end of the period for claiming such prize set out in the rules of the said authorised game. Such payment into the Unclaimed Prizes Reserve shall be made by the National Lottery licensee within seven days from the end of the period for claiming the prize referred to above.
\n
(2)All funds standing to the credit of the Unclaimed Prizes Reserve of the National Lottery licensee after the 31st May and 30th November of each financial year of the licensee shall, not later than two weeks from each of the aforesaid two dates of each financial year of the licensee, be paid by the licensee to the Authority and shall be credited and paid by the Authority into the Unclaimed Prizes Reserve.
\n
LOTTERIES AND OTHER GAMES Gaming Authority National Lottery Reserve Fund referred to in article 50(6): provided that in the case of termination or cancellation of the National Lottery licence, all funds standing to the credit of the Unclaimed Prizes Reserve on the eighth day after the date of such termination or cancellation shall be paid by the National Lottery licensee to the Authority by not later than two weeks form such date of termination or cancellation. The National Lottery licensee shall not distribute to its shareholders or otherwise dispose of or use any funds from time to time standing to the credit of the Unclaimed Prizes Reserve in any manner or for any purpose other than as provided in this subarticle.
\n
(3)A National Lottery licensee who acts in breach of any of the provisions of the foregoing subarticles of this article shall be guilty of an offence against this Act. Furthermore, compliance by the National Lottery licensee with the said provisions shall be deemed to be a condition attached to the National Lottery licence for the purposes of this Act.
\n
(4)The Minister may by regulations apply the provisions of this article to other games licensees or to such categories of other games licensees as may be specified in the same regulations.
\n
Contracts of supply or works.
\n
Amended by:
\n
L.N. 426 of 2007;
\n
XXII. 2009.11.
\n
60.Without prejudice to any directions communicated by the Minister under article 12(1), the Authority shall not, except with the approval of the Minister granted for special reasons, award or enter into any contract for the supply of goods or materials or for the execution of works, or for the rendering of services, to or for the benefit of the Authority, which is estimated by the Authority to exceed seven thousand euro (€7,000.00) in value, or such other amount as the Minister may by regulations prescribe, except after notice of the intention of the Authority to enter into the contract has been published and competitive tenders have been issued.
\n
Money laundering.
\n
61.(1) Without prejudice to the provisions of the Prevention of Money Laundering Act, hereinafter in this article called \"the Act\", the Minister with the concurrence of the Minister responsible for justice, may by order provide guidelines relating to the conduct of a licensee or officers or employees thereof or persons acting on his behalf or under an arrangement with him, or the Authority or members, officers or employees thereof, in relation to certain transactions that may give rise to any suspicion of money laundering, and may in particular provide that the provisions of article 9(1) of the Act shall apply with regard to licensees, gaming and operation of games with such modifications and adaptations as may be specified.
\n
(2)Where a member, officer or employee of the Authority or an officer or employee of a licensee or other person acting on behalf of a licensee or under an arrangement with him, has reason to suspect that a transaction, or a proposed transaction, could involve money laundering, he shall act in accordance with the regulations made under the Act and any regulations made under this Act, as applicable thereto.
\n
Annual report.
\n
62.The Authority shall, not later than six weeks after the end of each financial year, make and transmit to the Minister a report LOTTERIES AND OTHER GAMES dealing generally with the activities of the Authority during that financial year and containing such information relating to the proceedings and policy of the Authority as the Minister may from time to time require. The Minister shall, at the earliest opportunity and not later than eight weeks after he has received a copy of every such report, or if at any time during that period the House is not in session, within eight weeks from the beginning of the next following session, cause a copy of every such report to be laid on the Table of the House.
\n
PART XI - TRANSFER OF CERTAIN ASSETS TO THE
\n
AUTHORITY 63. * (1) (a) The property and undertakings owned by the Government and used by it, immediately before the date of the coming into force of this Part, for the operation of any of the functions which by this Act are being transferred to or vested in the Authority shall, on the date aforesaid, by virtue of this Act and without further assurance, be transferred to and vested in the Authority under the same title by which they were held by the Government immediately before the said date. The provisions of this paragraph shall not apply to immovable property. (b) The immovable assets from time to time specified in an Order made by the President of Malta and published in the Gazette (hereinafter referred to as \"the immovable assets\") being immovable assets which immediately before the coming into force of this Part were owned by the Government and used by it for the operation of any of the functions which by this Act are being transferred to or vested in the Authority or otherwise for the operation of any of the functions prescribed by any law being repealed in terms of article 80, s h a l l , w i t h e ff e c t f r o m s u c h d a y a s m a y b e specified in any such order, and by virtue of this Act and without any further assurance, be transferred to and vested in the Authority under the same title by which they were held by the Government before such day.
\n
(2)The transfer and vesting aforesaid shall, subject to the provisions of subarticle (1)(a) and (b), extend to the whole of such property and undertakings or assets and, without prejudice to the generality aforesaid, shall include all plant, equipment, apparata, instruments, vehicles, craft, buildings, structures, installations, l a n d , r o a d s , w o r k s , s t o c k s a n d o t h e r p r o p e r t y, m o v a b l e o r immovable, assets, powers, rights and privileges and all things necessary or ancillary thereto which are held or enjoyed in connection therewith or appertaining thereto, as well as all obligations affecting or relating to any of the aforesaid property *This article is not yet in force.
\n
Transfer of assets to the Authority.
\n
LOTTERIES AND OTHER GAMES and undertakings or assets or other thing included therein as aforesaid.
\n
Construction of laws, etc.
\n
Transitory provisions relating to the transfer of assets.
\n
64.* Subject to the provisions of this Act, all laws, rules, regulations, orders, judgements, decrees, awards, deeds, bonds, contracts, agreements, instruments, documents, warrants and other arrangements, subsisting immediately before the date of the coming into force of this Part affecting or relating to the properties and undertakings transferred to the Authority by virtue of article 63(1)(a), or those affecting or relating to any immovable asset referred to in article 63(1)(b) in respect of which an Order as referred to in the said article 63(1)(b) has been published and subsisting immediately before the date specified in such Order as the date with effect from which the said immovable asset shall be transferred to the Authority by virtue of the said article 63(1)(b), shall have full force and effect against or in favour of the Authority, and shall be enforceable freely and effectually, as if instead of the Government or government department or authority, the Authority had been named therein or had been a party thereto, and otherwise in substitution of the Government or government department or authority.
\n
65.* (1) When anything has been commenced by or under the authority of the Government prior to the date of the coming into force of this Part and such thing relates to any of the properties and undertakings referred to in article 63(1)(a) or to any right or liability related thereto transferred to the Authority by or under this Ac t , su c h t h i n g m a y b e c a rri e d o n a nd c om pl e t e d by o r a s authorised by the Authority.
\n
(2)Where immediately before the date of the coming into force of this Part, any legal proceedings are pending to which the Government is, or is entitled, to be a party, and such proceedings are related to any of the properties and undertakings referred to in article 63(1)(a) or to any right or liability related thereto transferred to the Authority by or under this Act, the Authority shall, as from the date aforesaid, be substituted in such proceedings for the Government, or shall be made a party thereto in like manner as the Government could have become, and such proceedings shall not abate by reason of the substitution.
\n
(3)When anything has been commenced by or under the authority of the Government prior to the date specified in an Order as referred to in article 63(1)(b) relating to an immovable asset as referred to in the said article 63(1)(b) as the date with effect from which the said immovable asset shall be transferred to the Authority by virtue of the said article 63(1)(b), and such thing relates to the said immovable asset or any right or liability related to such asset transferred to the Authority by or under this Act, such thing may be carried on and completed by or as authorised by the Authority.
\n
(4)Where immediately before the date specified in an Order as referred to in article 63(1)(b) relating to an immovable asset as *This article is not yet in force.
\n
LOTTERIES AND OTHER GAMES referred to in the said article 63(1)(b) as the date with effect from which the said immovable asset shall be transferred to the Authority by virtue of the said article 63(1)(b), any legal proceedings are pending to which the Government is or is entitled to be a party, and such proceedings are related to the said immovable asset or any right or liability related to such asset transferred to the Authority by or under this Act, the Authority shall, as from the date aforesaid, be substituted in such proceedings for the Government, or shall be made a party thereto in like manner as the Government could have become, and such proceedings shall not abate by reason of the substitution.
\n
66.* The Minister may by order make such incidental, consequential and supplemental provisions as he may deem necessary or expedient for the purpose of determining, as appropriate, the properties, undertakings or assets, rights or liabilities transferred to the Authority by this Act and securing and giving full effect to the transfer of any such property, undertaking or asset or any right or liability to the Authority by this Act and make such orders as may be necessary to make any powers and duties exercisable by the Government in relation to any of the transferred properties, undertakings, assets, rights or liabilities exercisable by or on behalf of the Authority.
\n
Minister may make provisions to determine assets transferred to the Authority.
\n
PART XII - OFFENCES AND PENALTIES
\n
67.(1) Any person guilty of an offence against this Act or any Part thereof shall, on conviction, be liable to a fine (multa) of not less than seven thousand euro (€7,000.00) and not more than two hundred and thirty-five thousand euro (€235,000.00) or to imprisonment for a term of not more than five years, or to both such fine and imprisonment:
\n
Provided that where the person convicted of an offence against this Act is a recidivist of an offence against this Act, he shall be liable to a fine (multa) of not less than twelve thousand euro (€12,000.00) and not more than three hundred and fifty thousand euro (€350,000.00), or to imprisonment for a term of not less than six months and of not more than six years, or to both such fine and imprisonment:
\n
Provided further that where the person so found guilty is the president, director, manager, secretary or other similar officer of a company or other undertaking, organisation, club, society or other association or body of persons, the said person shall, for the purpose of this article, be deemed to be vested with the legal representation of the same company or other undertaking, organisation, club, society or other association or body of persons, which shall accordingly be liable in solidum with the person found guilty for the payment of the said fine:
\n
Provided further that where the Attorney General in the sanction issued in accordance with article 74(2), certifies that the offence will be adequately punished with a fine (multa) of not less *This article is not yet in force.
\n
Penalty for offences against this Act.
\n
Amended by:
\n
L.N. 426 of 2007;
\n
XXII. 2009.12;
\n
XV. 2011.13;
\n
IV. 2014.39;
\n
XXIV. 2014.101.
\n
LOTTERIES AND OTHER GAMES than two hundred and fifty euro (€250.00) and not more than seven thousand euro (€7,000.00), the applicable penalty shall be a fine (multa) of not less than two hundred and fifty euro (€250.00) and not more than seven thousand euro (€7,000.00):
\n
Provided further that where the court, after convicting the accused, is of the opinion that when it takes into account the age of the offender, the previous conduct of the offender, the effects of the offence, the means through which the offence was committed and all other circumstances of the offence, the punishment provided for in sub-article (1) and in the first proviso thereto is not appropriate, it may, notwithstanding the other provisions of the third proviso of this sub-article, apply the punishments established in the said third proviso.
\n
(2)The fine referred to in subarticle (1) shall be recoverable by the Minister responsible for sport as a civil debt in favour of the Government where the relevant offence arises under any provision of Part VIII, and where the relevant offence arises under any other provision of this Act the said fine shall be recoverable by the Chief Executive as a civil debt in favour of the Government.
\n
(3)The provisions of the Probation Act and of article 21 and 28A to 28I of the Criminal Code shall not apply with respect to offences referred to in subarticle (1).
\n
Administrative penalty.
\n
Amended by:
\n
L.N. 426 of 2007;
\n
XXII. 2009.13;
\n
XV. 2011.14.
\n
68.(1) The Authority may with the concurrence of any licensee or holder of a permit issued in terms of article 36 who contravenes a condition of his licence or, as the case may be, of his permit, or any directive issued by the Authority in terms of this Act or of regulations made thereunder and applicable to such licensee o r, a s t h e c a s e m a y b e , t o s u c h p e r m i t h o l d e r w h e r e s u c h contravention amounts to an offence against this Act, impose administrative fines or sanctions upon such licensee or holder of a permit as an alternative to proceedings in court.
\n
(2)For the purposes of subarticle (1), where the Authority decides to exercise its powers under the said subarticle (1), the Authority shall enter into an agreement in writing with the offender whereby the said offender pays a sum which shall not exceed two hundred and thirty-five thousand euro (€235,000.00) as the Authority shall determine, and upon the signing of any such agreement by the Authority and the offender all criminal liability of the offender under this Act, with regard to the offence or offences in relation to which the agreement has been entered, shall be extinguished:
\n
Provided that any forfeiture contemplated in this Act as a consequence to the offence to which the agreement relates shall, notwithstanding such agreement still take effect:
\n
Provided further that any such agreement and the provisions of this article shall be without prejudice to the power of the Authority, where applicable, to cancel or suspend the licence or permit held by the offender in terms of the provisions of this Act relating to cancellation or suspension of the relevant licence or permit.
\n
LOTTERIES AND OTHER GAMES
\n
(3)The provisions of subarticle (2) shall apply also in any case where the offender has been charged before a Court in relation to the offence, but before final judgement has been given in the case.
\n
(4)Any sum due in virtue of an agreement entered into in terms of subarticle (2) shall be due to the Authority as a civil debt. The Authority shall not enter into an agreement as is referred to in subarticle (2), unless such agreement is accompanied by the payment of the sum due or an adequate and sufficient security for its payment.
\n
69.(1) It shall not be lawful for a person to use, or have in his possession, any gaming device or amusement machine or a licence or an authorisation issued under, used or to be used for the purposes o f t h i s A c t , w h i c h t h e p e r s o n k n o w s t o h a v e b e e n f o rg e d , counterfeited or otherwise tampered with.
\n
(2)Counterfeit gaming devices and forgery of licences.
\n
Amended by:
\n
XXII. 2009.14.
\n
It shall not be lawful for a person (a) to forge, counterfeit or tamper with any gaming device or amusement machine or any licence or authorisation issued under, used or to be used for the purposes of this Act; or (b) knowingly to utter any such forged, counterfeit or tampered with a gaming device, amusement machine, licence or authorisation.
\n
(3)Whosoever shall contravene subarticles (1) or (2) shall be guilty of an offence against this Act. Furthermore, any gaming device, amusement machine, licence or authorisation referred to in the said subarticles shall be seized and forfeited in favour of the Government.
\n
70.(1) Any person who knowingly permits the use of any place for the purpose of the operation, promotion, sale or playing of any game in contravention of any provision of this Act or of regulations made thereunder or in breach of any conditions attached to a licence issued under this Act or in breach of any directive issued by the Authority in terms of this Act or of regulations made thereunder or for the purpose of storage of a relevant gaming device manufactured, assembled, placed on the market, distributed, supplied, sold, leased, transferred, made available for use, hosted or operated in contravention of the provisions of article 7 or in breach of the conditions attached to a licence issued in terms of the said article 7 or for the purpose of manufacturing, assembling, repairing or servicing of a relevant gaming device in contravention of the provisions of article 7 or in breach of the conditions attached to a licence in terms of the said article 7, or who wilfully prevents any Police Officer who is lawfully authorised to enter into any place suspected of being used as aforesaid, from entering into such place or any part thereof, or obstructs or delays any such officer in so entering, or by any bolt, bar or other contrivance secures any external or internal door or means of access to any such place or part thereof, or uses any means or contrivance whatsoever for the purposes of preventing, obstructing or delaying the entry of such officer into any such place Place used for unlawful gaming.
\n
Amended by:
\n
XXII. 2009.15.
\n
LOTTERIES AND OTHER GAMES or any part thereof or for giving an alarm or warning in case of such entry, shall be guilty of an offence against the Act.
\n
(2)Where any Police officer who is lawfully authorised to enter any place suspected of being used for any of the unlawful purposes mentioned in subarticle (1) is wilfully prevented from or obstructed or delayed in entering the same or any part thereof, or where any bolt, bar or other contrivance or means whatsoever is found in such place for securing any external or internal door or means of access to any such place or for preventing, delaying or obstructing the entry into the same by such officer or for giving alarm or warning in case of such entry, it shall be evidence, until the contrary is made to appear, that such place is used for the said unlawful purposes and that the persons found therein were taking part in the relevant unlawful activities.
\n
(3)In addition to any penalty under any other provision of this Act the money and effects representing the stakes as well as any other money and gaming devices found in any place referred to under subarticle (1) shall be seized and forfeited in favour of the Government.
\n
The use of the name \"National Lottery\" and false representations as to the National Lottery.
\n
71.* (1) A person shall not, for the purposes of a game other than a game forming part of the National Lottery, make use of the names \"National Lottery\" or \"Maltese National Lottery\" or of any name so closely resembling either of those names as to be reasonably capable of leading to the belief that either of those names is being referred to.
\n
(2)It shall not be lawful for a person advertising, or selling, or offering for sale, or offering the opportunity to participate in, a game not forming part of the National Lottery to give, by whatever means, a false indication that it is a game forming part of the National Lottery.
\n
(3)Whosoever shall contravene subarticles (1) or (2) shall be guilty of an offence against this Act.
\n
Forfeiture in favour of the Government.
\n
Amended by:
\n
XXII. 2009.16.
\n
72.In addition to any penalty under any other provision of this Act, any gaming device or amusement machine and any moneys relating to or used in the commission of any offence against this Act or any regulations made thereunder, or which has served or was intended to serve for the commission of any such offence, shall be seized and forfeited in favour of the Government.
\n
Saving as to higher punishments established in the Criminal Code.
\n
Amended by:
\n
XXII. 2009.17.
\n
73.Where the fact which constitutes an offence under any provision of this Act or any regulations made thereunder also constitutes an offence under any other law and is liable to a higher punishment under such law, such higher punishment shall be applied in lieu of the punishment established in this Act. *This article is not yet in force.
\n
LOTTERIES AND OTHER GAMES 74. (1) The Court of Magistrates, in its criminal jurisdiction, shall be the competent court to take cognizance of offences against this Act or any regulations made thereunder.
\n
(2)No proceedings for any offence against this Act or any regulations made thereunder shall be commenced without the sanction of the Attorney General.
\n
Offences to be tried by the Court of Magistrates and sanction of the Attorney General.
\n
Amended by:
\n
XXII. 2009.18.
\n
(3)In any proceedings in relation to offences against the Act or regulations made thereunder, it shall be lawful for the Authority or any officer or other person delegated by the Authority, to examine or cross-examine witnesses, produce evidence, make submissions in support of the charge and generally to conduct the prosecution on behalf of the police, and the sworn statement of the officer or other person delegated by the Authority that he has been duly delegated for that purpose shall be conclusive evidence of that fact.
\n
(4)Notwithstanding the provisions of subarticle (3), the officer or other person deputed in accordance with the said subarticle may be produced as a witness in the proceedings:
\n
Provided that should the evidence of such officer or other person be required as part of the case for the prosecution, such officer or other person shall be heard before he commences to act as mentioned in subarticle (3):
\n
Provided further that the foregoing proviso shall not apply where the necessity of the evidence of such officer or other person arises after he commences to act as mentioned in subarticle (3).
\n
(5)Notwithstanding the provisions of the Criminal Code, the Attorney General shall always have a right of appeal from any judgment given by the Court of Magistrates, in its criminal jurisdiction, in respect of proceedings for any offence against this Act or any regulations made thereunder.
\n
(6)The punishments provided in this Act shall apply unless the fact constitutes a more serious offence under the Criminal Code or any other law, in which case the provisions of the Criminal Code or of such other law shall apply.
\n
(7)Notwithstanding the provisions of the Criminal Code, proceedings for an offence against this Act or regulations made thereunder shall be barred by prescription by the lapse of six years.
\n
PART XIII - SUPPLEMENTAL PROVISIONS
\n
75.(1) The members of the Authority and all officers and employees of the Authority shall be deemed to be public officers for the purposes of the Criminal Code.
\n
Persons deemed public officers.
\n
(2)The members of the Authority and its officers shall not for a period of one year following the termination of their appointment or office engage in any activity which in accordance with the provisions of article 9(4)(c) would disqualify a person from holding office as a member of the Authority.
\n
76.(1) The Authority may establish such codes of conduct as it may deem necessary and useful from time to time with regard to, among other things, the advertising of authorised games, the Codes of conduct and rules about responsible gaming.
\n
LOTTERIES AND OTHER GAMES prevention of illegal gaming and gaming by underaged persons, and the prevention of the gaming addiction.
\n
(2)The Authority may also conduct arrangements, and may also involve any licensees it deems fit in arrangements, involving the organization of any programme or information campaign, including by the issuing of brochures, publications or other documents, the display of notices, signs, labels or pictures, or by way of sound broadcasting or television or other means of communication, with an aim of combating irresponsible or illegal gaming or gaming by underaged persons.
\n
(3)The Authority may make any codes of conduct or arrangements referred to in subarticles (1) or (2) binding on licensees or categories of licensees by means of conditions attached to their licences or by means of directives issued by it.
\n
Power of the Authority to issue directives.
\n
Added by:
\n
XXII. 2009.19.
\n
76A. (1) The Authority may issue directives as may be required for the carrying into effect of the provisions of this Act and of any regulations made hereunder.
\n
Derivatives.
\n
77.Without prejudice to any relevant licensing requirements under the Investment Services Act and to the provisions of that Act o r o f a n y o t h e r l a w, c o n t r a c t s o f d i ff e r e n c e s , i n t e r e s t c a p agreements, swap agreements, foreign currency exchange or other similar agreements, the purpose or intended purpose of which is to secure a profit or avoid a loss (by reference to fluctuations in the value or price of property of any description or in an index or other factor designated for such purpose in the contract), and debts or other obligations arising from such contracts or agreements, shall not be prohibited, void or unenforceable by reason of any provision of this Act.
\n
Power to make regulations.
\n
Amended by:
\n
L.N. 426 of 2007;
\n
L.N. 168 of 2008;
\n
XXII. 2009.20;
\n
XV. 2011.15;
\n
XLI. 2014.8.
\n
78.(1) The Minister may, after consultation with the Authority, make regulations for carrying out the provisions of this Act, except the provisions of Part VIII.
\n
(2)The Authority may amend or revoke such directives.
\n
(2)Without prejudice to the generality of the provisions of the previous subarticle, the Minister may by such regulations (a) regulate the issue, imposition of conditions on, suspension, and cancellation of any licence under this Act and other matters connected therewith, including measures to be taken in case of the suspension or cancellation of any licence; (b) regulate games, specified categories of games or specified games, and all matters related thereto including the payment of stakes, payout percentages and, or prizes or winnings in games; (c) regulate the manufacture, assembly, placing on the market, distribution, supply, sale, lease, transfer, maintenance, servicing, repair, display, hosting, making available for use, use, operation, monitoring, control and supervision of, and other activities or services related to, gaming devices, specified LOTTERIES AND OTHER GAMES (d) (e) (f) (g) (h) categories of gaming devices or specified gaming devices:
\n
Provided that such regulations may empower the Authority to prescribe the procedures to be followed for the carrying out of all or part of any of the aforementioned activities or services; exempt all persons or specified categories of persons from the licensing requirement under article 7(1) in respect of all relevant gaming devices or specified categories of relevant gaming devices or specified relevant gaming devices; empower the Authority to exempt all persons or such categories of persons as may be specified in such regulations or as may be determined by the Authority itself from the licensing requirement under article 7(1) in respect of all relevant gaming devices or in respect of such categories of relevant gaming devices or particular relevant gaming devices as may be specified in such regulations or as may be determined by the Authority itself; prescribe the records and accounts to be kept by a licensee and other matters and obligations of licensees relating to such records and accounts; exempt all persons or specified categories of persons from any licensing or authorization requirement in respect of the operation of small games or of a specified small game or games and, or permit all persons or specified categories of persons to operate small games or a specified small game or games without the need of any licence or authorisation and, notwithstanding the provisions of article 4, such regulations may permit such persons or specified categories of persons or any of such categories to operate such small games or specified small game or games or any of them on the results of games operated by licensees or specified categories of licensees or specified licensees without the need of the prior approval of the Authority in terms of article 4:
\n
Provided that such regulations may limit such exemption or permission to a specified number of small games per year in respect of any particular person:
\n
Provided further that such regulations may make provision for an obligation on the part of the person operating the small game to produce to the Authority such evidence as to the value of the prizes and other matters relating to the game, and in such manner and at such time or times, as may be prescribed by such regulations or as may be required by the Authority: exempt from any licensing requirement or authorization specified government departments or LOTTERIES AND OTHER GAMES (i) (j) authorities in respect of the operation of specified games for the purpose of furthering the objectives of the respective departments or authorities and, or permit specified government departments or authorities to operate specified games for the purpose of furthering their objectives without the need of any licence or authorisation, and such regulations may provide for the payment of prize funds in respect of such games out of the Consolidated Fund by warrant under the hand of the Minister authorising the Accountant General to make such payment and without further appropriation other than such regulations, provided that the amount of the prize fund in respect of any such game shall not exceed the sum of one million and one hundred and sixty-five thousand euro (€1,165,000) per year; limit the number of tombola (bingo) hall licences which may be granted and be in force at any time, prescribe the specifications applicable to the premises or venue from or in which commercial tombola (bingo) can be offered, promoted, operated or sold, including but not limited to the establishment of rules or policies regulating, amongst others, the location, size, type, layout, design, signage and facilities of such premises or venue as well as the activities which may be offered, promoted, operated, sold or carried out in or from such premises or venue; limit the number of licences referred to in article 7(1) which may be granted and be in force at any time; (k) prescribe the minimum requirements, qualifications and other criteria to be fulfilled in order for a person to be granted a licence, authorisation or approval under the Act; (l) prescribe the specifications applicable to the premises or venue from or in which a game can be offered, promoted, operated or sold, including but not limited to the establishment of rules or policies regulating, amongst others, the location, size, type, layout, design, signage and facilities of such premises or venue as well as the type of games or activities which may be offered, promoted, operated, sold or carried out in or
\n
from such premises or venue; (m) provide for the setting up of a fund, to be styled as the \"Responsible Gaming Fund\", to which there shall be credited such percentage of taxes and, or gross fees paid by licensees or specific categories of licensees as may be specified in such regulations for the purpose of promoting responsible gaming, including but not limited to the provision of grants for projects, activities, research and educational programmes relating to responsible gaming; (n) provide for fees, duties, taxes and, or other sums LOTTERIES AND OTHER GAMES leviable in respect of the manufacture, assembly, placing on the market, distribution, supply, sale, lease, transfer, maintenance, servicing, repair, display, hosting, making available for use, use, operation, monitoring, control and supervision of, and other activities or services related to, gaming devices, specified categories of gaming devices or specified gaming devices; (o) provide for the setting up of a fund, to be styled as the \"GamingMalta Fund\", to which there shall be credited such percentage of taxes and, or gross fees paid by licensees or specific categories of licensees as may be specified in such regulations and, or other donations and, or contributions of whichever kind and by whichever entity, including but not limited to the Authority, for the purpose of promoting and advancing Malta as a gaming jurisdiction and a centre of excellence for gaming; and (p) prescribe anything that is to be prescribed under any other provision of this Act, other than a provision under Part VIII.
\n
(3)The Minister may, after consultation with the Authority, by regulations regulate the giving of permits for the operation of offices in Malta wherefrom specified games and, or skill games are provided through all or specified means of distance communication, and which establish the manner of running such offices and, without prejudice to the generality of the foregoing, he may by such regulations (a) provide that such offices be under the supervision of the Authority and of inspectors; (b) provide for the prevention against money laundering; (c) establish the tax which shall be paid on such games and, or skill games provided from such offices; and (d) make any other provision which will ensure that such games and, or skill games provided from such offices are played fairly and that such offices are run by suitable persons and that a proper account be held of the activities of such offices, and such regulations may contain transitional provisions in respect of permits issued in terms of the Operation of Betting Offices Regulations, made under the Public Lotto Ordinance, which Regulations will be repealed on the date of coming into force of article 80(3)(a) pursuant to the repeal of the said Ordinance.
\n
(4)The Minister may, after consultation with the Authority, make regulations in respect of the functions and powers of the Authority and the exercise of such functions and powers.
\n
(5)The Minister may, after consultation with the Authority, make regulations to regulate the manufacture, assembly, placing on the market, distribution, supply, sale, lease, transfer, maintenance, servicing, repair, display, hosting, making available for use, use, S.L.70.04.
\n
LOTTERIES AND OTHER GAMES operation, monitoring, control and supervision of, and other activities or services related to, amusement machines, specified categories of amusement machines, specified amusement machines, amusement machines with prize, amusement games, specified categories of amusement games, specified amusement games or amusement games with prize, and, without prejudice to the generality of the foregoing provisions of this subarticle, he may by such regulations (a) provide that such amusement machines or amusement machines with prize may only be manufactured, assembled, placed on the market, distributed, supplied, sold, leased, transferred, maintained, serviced, repaired, displayed, hosted, made available for use, used, operated, monitored, controlled or supervised by a person who holds a licence to this effect issued by the Authority and subject to such terms and conditions as may be imposed in any such licence by the Authority; (b) regulate the term, issue, suspension and cancellation of, the fees, duties taxes and, or other sums leviable under, and other matters connected to, any licence referred to in paragraph (a): provided that such regulations may empower the Authority to prescribe all or any of such matters itself in the licence; (c) provide that such amusement machines, amusement machines with prize and, or the manufacturing, assembly, placing on the market, distribution, supply, sale, lease, transfer, maintenance, servicing, repair, display, hosting, making available for use, use, operation, monitoring, control or supervision thereof be, or be made, under the supervision or control of the Authority and of inspectors:
\n
Provided that such regulations may empower the Authority to prescribe the procedures to be followed for the carrying out of all or part of any of the aforementioned activities or services; (d) provide for fees, duties, taxes and, or other sums leviable in respect of the manufacturing, assembly, placing on the market, distribution, supply, sale, lease, transfer, maintenance, servicing, repair, display, hosting, making available for use, use, operation, monitoring, control or supervision of amusement machines and, or amusement machines with prize; (e) regulate the manufacturing, placing on the market, distribution, supply, sale, transfer, making available for use, use, and, or purchase of amusement machines tokens; (f) prescribe the maximum and, or minimum price to be paid to play an amusement game and, or an amusement game with prize; (g) prescribe the specifications applicable to the premises LOTTERIES AND OTHER GAMES or venue from or in which an amusement game and, or an amusement game with prize can be offered, promoted, operated or sold, including but not limited to the establishment of rules or policies regulating, amongst others, the location, size, type, layout, design, signage and facilities of such premises or venue as well as the type of games or activities which may be offered, promoted, sold, operated or carried out in or from such premises or venue; (h) make any other provision which will ensure that amusement machines and, or amusement machines with prize are operated by suitable persons and that a proper account be held of the activities of such persons in respect of the operation of amusement machines and, or amusement machines with prize and that amusement games and, or amusement games with prize are played fairly; and (i) prescribe the minimum age of persons permitted to use amusement machines, specified categories of amusement machines and, or amusement machines with prize, specified amusement machines, amusement games, specified categories of amusement games, amusement games with prize or specified amusement games:
\n
Provided that no person may make available for use, host, or operate amusement machines with prize in any premises unless such premises are compliant with specific premises directives issued by the Authority:
\n
Provided further that the restrictions imposed i n the premises directives for amusement machines with prize shall be similar or identical to the restrictions imposed i n the premises directives relating to gaming devices.
\n
(6)The Minister responsible for sport may make regulations for carrying out the provisions of Part VIII and, without prejudice to the generality of the foregoing, he may by such regulations (a) regulate the issue and revocation of the certificates of approval referred to in articles 44 and 45 and other matters connected therewith; (b) regulate the conduct of horse races and dog races on approved racecourses and regulate approved racing clubs and their operations; (c) regulate the functions of Racecourse Control Boards, confer powers on such Boards and regulate the exercise of such functions and powers; (d) prescribe matters in respect of which Racecourse Control Boards may make rules and regulations in terms of article 46(3); (e) regulate payments to be made by approved racing clubs as are mentioned in article 46(3)(b) and other payments as he may deem necessary or desirable;
\n
LOTTERIES AND OTHER GAMES (f) regulate payments to be made by members of the public to be admitted to approved racecourses for the purpose of attending and watching horse races and, or dog races; and (g) prescribe anything that is to be prescribed under any other provision of Part VIII.
\n
(7)The Minister may by regulations amend the First, Second, Third, Fourth, Fifth and Sixth Schedules and the Minister responsible for sport may by regulations amend the Ninth Schedule.
\n
(8)Any regulation made under this Act may provide for any matter relating to liability for the observance of such regulations, and the persons who may be liable, or for any matter relating to the enforcement of the said regulations, including, but not limited to, the imposition of a fine (multa) not exceeding two hundred and thirty-five thousand euro (€235,000.00) in respect of any contravention of, or failure to comply with, the provisions of such regulations and, or the seizure, removal, confiscation, destruction or disabling of gaming devices, amusement machines or any equipment or software related or connected thereto.
\n
Serving of notices.
\n
79.Where any notice or other instrument or document whatsoever is required or authorised to be served or given by or under this Act, it may be served or given in any of the following manners: (a) by delivering it to the person on whom it is to be served or to whom it is to be given; or (b) by leaving it at the usual or last known place of abode of that person or, if such person has furnished an address for service, at that address; or (c) by sending it by registered mail addressed to that person at the place of abode or the address for service aforesaid; or (d) in the case of a body corporate or other body of persons, by delivering it to an officer or employee thereof at the registered or principal office, or by sending it by registered mail addressed to the body aforesaid at that office; or (e) in any case in which it is not reasonably possible to effect service or give notice in any of the foregoing manners whether on all or on any one or more of the persons on whom service is to be made or notice is to be given, by affixing the document to be served or given in a conspicuous place on the premises to which it relates and keeping it so affixed for a period of not less than seven working days and by publishing the contents thereof in the Gazette.
\n
Amendments, repeals and savings.
\n
80.(1) With effect from the date of coming into force of this subarticle * , the enactments shown in the First Column of the Seventh Schedule shall have effect subject to the amendments LOTTERIES AND OTHER GAMES shown in the Second Column of the said Schedule.
\n
(2)With effect from the date of coming into force of this subarticle*, the enactments shown in the First Column of the Eighth Schedule shall have effect subject to the amendments shown in the Second Column of the said Schedule and, with effect from such date, the Gaming Board established by article 5 of the Gaming Act shall stand dissolved.
\n
(3)The following Acts are hereby repealed: (a)† Public Lotto Ordinance; (b)‡ Racecourse Betting Ordinance; (c)§ Director of Public Lotto (Constitution of Office) Act; (d) Maltese Government Forecast Pools Act; (e)** Director of Public Lotto (Powers and Functions) Act; (f) Government Home Lotteries Act; (g) Government Tombola Act; (h)††Government Lotteries Act.
\n
(4)A permission granted to a company registered in Malta to hold tombola (bingo) sessions (as defined in the Tombola (Bingo) Regulations, hereinafter in this subarticle referred to as \"the Tombola Regulations\") of a commercial nature in a tombola (bingo) hall (as defined in the Tombola Regulations) in terms of the Tombola Regulations and still in force on the date of the coming into force of article 38, shall continue in force thereafter as if it were a tombola (bingo) hall licence granted under the said article 38, with such modifications, adaptations and limitations as may be necessary or appropriate for the purpose; and any such permission as aforesaid shall, with effect from the aforesaid date, be subject to the provisions of the said article 38 and be treated and dealt with accordingly.
\n
(5)A certificate of approval issued by the Minister responsible for the Police in respect of a racecourse and ground adjacent thereto in terms of article 3 of the Racecourse Betting Ordinance and still in force on the date of the coming into force of article 44, shall continue in force thereafter as if it were a certificate of approval granted by the Minister responsible for sport under the said article 44, with such modifications, adaptations and limitations as may be necessary or appropriate for the purpose; and any such certificate of approval as aforesaid and the holder thereof shall, with effect from the aforesaid date and subject to the provisions of article 44(1)(b), be subject to the provisions of the said article 44 and be treated and dealt with accordingly. *2nd September, 2002 - vide Legal Notice 240 of 2002. *2nd September, 2002 - vide Legal Notice 240 of 2002. †this paragraph is not yet in force. ‡this paragraph is not yet in force. §this paragraph is not yet in force. **this paragraph is not yet in force. ††this paragraph is not yet in force.
\n
LOTTERIES AND OTHER GAMES FIRST SCHEDULE
\n
Article 37Amended by:
\n
L.N. 426 of 2007.
\n
Non-profit games Application for a licence.
\n
1.(1) An application for a non-profit game licence shall be made by or on behalf of the non-profit organization which intends to operate the non-profit game, in the form and manner required by the Authority.
\n
(2)Such application shall at least contain the following information: (a) the name and address of the applicant and the address in Malta where any documents may be served on the applicant; (b) the type of the non-profit game which the applicant wants to operate, and such particulars relating to the rules and regulations regarding the procedures for operating and playing such non-profit game as the Authority may require or as may be prescribed by regulations; (c) the dates, times and places when and wherefrom the relevant non-profit game will be operated and offered to the public and, where applicable, the date or dates, time or times and place or places for the drawing or drawings of the non-profit game; and (d) the purpose for which the net proceeds of the relevant non-profit game are intended.
\n
(3)The application shall also contain or be accompanied with such other information, documents and particulars as the Authority may require or as may be prescribed by regulations.
\n
(4)An application for a non-profit game licence has to be made in respect of each and every non-profit game which a non-profit organization wants to operate, although a non-profit game licence may be granted in respect of a non-profit game which is to be operated on different days or at different times or for a specified period. Except where the game to be operated under the non-profit game licence is a tombola game, the Authority may not grant a non-profit game licence to the same non-profit organisation more than (a) twelve times in any calendar year; or (b) such number of times in any calendar year as would ensure that the aggregate retail value of all prizes which can be won in all non-profit games operated by such non-profit organisation under all non-profit game licences granted to such organisation in such year does not exceed the amount of twenty-three thousand and two hundred and ninety-three euro and seventy-three cents (23,293.73), whichever is the lesser.
\n
(5)After the submission of an application for a non-profit game licence, the Authority shall have the power to require the applicant to provide such other information in addition to that given with the application as the Authority may deem necessary for the purpose of determining the said application.
\n
Grant of licence.
\n
2.
\n
The Authority shall not issue a non-profit game licence to a person unless that person is a non-profit organization and the Authority is satisfied that - LOTTERIES AND OTHER GAMES (a) the proposed licensee is a fit and proper person so as to ensure, or where the proposed licensee is not an individual, the persons who exercise effective control and management of the affairs of the proposed licensee are fit and proper to carry out their functions and duties in relation to the proposed licensee in such manner as to ensure, the proper operation of the relevant non-profit game by the proposed licensee; (b) the proposed licensee will comply in all respects with the provisions of this Act and of any regulations made thereunder applicable to it, and with the terms and conditions of the non-profit game licence and with any directive issued by the Authority in terms of this Act or of regulations made thereunder and applicable to it.
\n
Form of licence.
\n
3.(1) The non-profit game licence shall be in such form as the Authority may determine or as may be prescribed by regulations.
\n
(2)The grant of a non-profit game licence does not exonerate the licensee from obtaining any other licence, permit or authorization which may be required under any other law.
\n
Licence conditions and variations and revocations thereof.
\n
4.(1) In granting a non-profit game licence, the Authority may subject it to such conditions as it may deem appropriate, and having granted such licence the Authority may, from time to time, vary or revoke any condition so imposed or impose new conditions:
\n
Provided that whenever the Authority deems it appropriate to vary any condition or impose any new condition in the non-profit game 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 to impose the said new condition, calling upon the said 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 licensee within the period specified in the notice, before varying the condition or before imposing the new condition.
\n
(2)Conditions in a non-profit game licence may impose requirements to be complied with by the licensee after the licence has ceased to have effect.
\n
(3)A non-profit game licence may impose conditions requiring the licensee: (a) to obtain the consent of the Authority before doing anything specified, or of a description specified, in the licence; and (b) to refer matters specified, or of a description specified, in the licence to the Authority for approval.
\n
(4)A non-profit game licence shall include a condition requiring the licensee to pay to the Authority, at such times as may be prescribed by regulations, such fees, duties, taxes and, or other sums as may be so prescribed, which fees, duties, taxes and, or sums shall be in addition to those which the licensee may be required to pay under any law other than this Act.
\n
(5)Where the non-profit game being the subject of the non-profit game licence is not a tombola game, the non-profit game licence shall be deemed to include a condition that - LOTTERIES AND OTHER GAMES (a) the prize or prizes which can be won in such game shall not consist of money or a cheque or similar document entitling the holder to convert it into money; (b) the aggregate retail value of all prizes which can be won in such game shall not exceed the amount of twenty-three thousand and two hundred and ninety-three euro and seventy-three cents (23,293.73) or such lesser amount as is necessary to ensure that the provisions of item 1(4) of this Schedule are complied with; and (c) the amount of each stake in such game shall not exceed one euro and sixteen cents (1.16).
\n
(6)Where the non-profit game being the subject of the non-profit game licence is a tombola game, the non-profit game licence shall be deemed to include a condition that (a) the price for each tombola scoresheet participating in the relevant tombola game shall not exceed seventy cents (0.70), and when the said tombola game can be played by a tombola scorecard or a number of tombola scorecards which fall short of a whole tombola scoresheet, the price for each such tombola scorecard shall not exceed such proportion of seventy cents (0.70) equivalent to the proportion which the total number of numbers, symbols or pictures printed or otherwise electronically represented on such tombola scorecard bears to the total number of numbers, symbols or pictures participating in the relevant tombola game and printed or otherwise electronically represented on a tombola scoresheet participating in such game; (b) not less than sixty per centum of the amount collected in sales of tombola scoresheets and tombola scorecards participating in the relevant tombola game shall be distributed in prizes in respect of such game.
\n
Changes in effective control and management etc.
\n
5.(1) (a) If the non-profit game licensee is not an individual, such licensee shall within five days of any change in the persons who exercise effective control and management of the affairs of the licensee inform the Authority of such change.
\n
The licensee shall also inform the Authority of any material changes in the information and documentation provided by the licensee in terms of item 1(2), (3) and (5) of this Schedule or in terms of any other provision of this Act or of regulations made thereunder or in terms of conditions attached to the non-profit game licence, as soon as it becomes aware of such changes. (b) Where owing to any change as is referred to in paragraph (a) hereof, whether the Authority has been informed of such change in accordance with the said paragraph (a) or not, a situation is brought about that, had it existed at the time of the application for the non-profit game licence, it would have disqualified the licensee from obtaining a licence in terms of item 2 of this Schedule, 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 five days from the notice to that effect by the Authority, the Authority shall cancel such licence without complying with the provisions of item 8 of this Schedule:
\n
Provided that the Authority shall not issue a notice as aforesaid any later than one month after being informed by the licensee of the change in accordance with paragraph (a) hereof.
\n
LOTTERIES AND OTHER GAMES
\n
(2)Failure by the licensee to comply with the provisions of sub-item (1) hereof shall constitute an offence against this Act.
\n
Assignment or surrender of licence.
\n
6.(1) A non-profit game licence may not be assigned or transferred by the non-profit game licensee to any other person.
\n
(2)The non-profit game licensee may not surrender the non-profit game licence during the licence term without the prior approval in writing of the Authority, and if such approval is given, the licence may then be surrendered only subject to such terms and conditions as may be specified by the Authority in its approval.
\n
(3)If a non-profit game licence is assigned or transferred by the non-profit game licensee to any other person (a) such licence shall be considered null and void; and (b) the Authority may issue a directive to such licensee to do or restrain from doing any act which the Authority may deem appropriate in the circumstances, and such licensee shall comply with any such directive, failing which it shall be guilty of an offence against this Act.
\n
(4)A non-profit game licensee who acts in breach of the provisions of this item 6 shall be guilty of an offence against this Act.
\n
Grounds for cancellation or suspension of licence.
\n
7.
\n
The Authority may order the cancellation or suspension of a non-profit game licence on any of the following grounds: (a) the licensee, or any person who exercises effective control and management of the affairs of the licensee, is convicted of an offence against this Act, or of theft, receiving stolen property, fraud or any crime affecting public trust; (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 non-profit game licence or any directive issued by the Authority in terms of this Act or of regulations made thereunder and applicable to it; (c) the licensee knowingly or recklessly supplies to the Authority material information that is false or misleading; (d) the licensee fails to fulfil his financial commitments when they become due and payable; (e) the intended purpose of the net proceeds of the relevant non-profit game in respect of which the licence has been granted, no longer exists; (f) the licensee is being wound up; or (g) the Authority is reasonably satisfied that the licensee is not, or has ceased to be, a suitable person to hold the non-profit game licence, or it reasonably deems it necessary in the national interest to cancel or suspend the non-profit game licence.
\n
Procedures for the cancellation or suspension of the licence.
\n
8.(1) Where a ground for cancellation or suspension of a non-profit game licence arises under item 7 of this Schedule, the Authority shall, by notice in writing, 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 being not less than five days after the issue of the notice as specified in the same notice, why the licence LOTTERIES AND OTHER GAMES should not be cancelled or suspended on such ground as is stated in the notice.
\n
(2)The Authority shall have regard to any response made under sub-item (1) hereof in such manner that (a) where the matter is resolved to its satisfaction, it shall take no further action, and shall inform the licensee in writing accordingly; (b) where, although the matter is not resolved to its satisfaction, it considers that further action is not warranted, it shall caution the licensee in writing; or (c) where the matter is not resolved to its satisfaction and it is satisfied that further action is warranted, it may (i) by notice in writing give such direction to the licensee as it considers appropriate; or (ii) suspend the licence for such period as it thinks fit, or cancel such licence.
\n
(3)Where a direction given by the Authority under sub-item (2)(c)(i) hereof is not complied with within the time specified in the notice, the Authority shall cancel the licence.
\n
Non-profit games not to be held in a tombola (bingo) hall.
\n
9.
\n
A non-profit game licensee may not hold a non-profit game in a tombola (bingo) hall, and failure by a non-profit game licensee or by a tombola (bingo) hall licensee to comply with this item 9 shall constitute an offence against this Act.
\n
Net proceeds of non-profit game to be applied only for stated purpose.
\n
10.A non-profit game licensee who, without the prior approval of the Authority, applies the net proceeds of the non-profit game in respect of which the non-profit game licence has been granted for any purpose other than that indicated in the application for the licence, shall be guilty of an offence against this Act.
\n
SECOND SCHEDULE
\n
Article 38Amended by:
\n
L.N. 426 of 2007.
\n
Commercial tombola games in tombola (bingo) halls Duration and renewal of licence.
\n
1.(1) A yearly tombola (bingo) hall licence shall be issued for an effective term of one year.
\n
(2)A seasonal tombola (bingo) hall licence shall be issued for an effective term of six months.
\n
(3)Unless it is previously cancelled, a yearly tombola (bingo) hall licence may be renewed by the Authority for further periods of one year each, and a seasonal tombola (bingo) hall licence may be renewed by the Authority for further periods of six months each.
\n
(4)Any such renewal as is mentioned in sub-item (3) hereof is subject to compliance by the tombola (bingo) hall licensee, during the immediately preceding original or renewed term of the licence, with the provisions of this Act and of any LOTTERIES AND OTHER GAMES regulations made thereunder, and with the terms and conditions of the 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 by such date before the expiry of the immediately preceding original or renewed term of the licence as the Authority has specified in the licence, and containing such information as the Authority has specified therein as necessary or expedient to enable it determine whether to renew the said licence.
\n
(5)After the submission of an application for the renewal of a tombola (bingo) hall 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.
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Application for a licence.
\n
2.(1) An application for a tombola (bingo) hall licence shall be made by, or on behalf of, the company registered in Malta which intends to operate commercial tombola games in a tombola (bingo) hall, in the form and manner required by the Authority.
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(2)Such application shall at least contain the following information: (a) the name, registered office and registration number of the applicant company and the address in Malta for the service of documents on the applicant company; (b) a description of the location, layout and specifications of the premises in respect of which the application is made; (c) the dates or days of the week, and the tombola (bingo) sessions or times during such dates or days, on and during which commercial tombola games are to be operated; and (d) the rules and regulations regarding the procedures for operating and playing the commercial tombola game, the winning combinations, the elements of the tombola game, the proposed procedures for the printing, procurement, distribution, use and sale of tombola scorecards and tombola scoresheets, the number, type and specifications of gaming devices to be used in operating and playing the game, the selling price of tombola scorecards and tombola scoresheets proposed to be applied, the proposed prizes, the proposed procedures for payment and distribution of prizes, the proposed procedures for making reimbursements to players, the proposed procedures for keeping registers recording the tombola games played and the proposed measures to ensure the regular operation and playing of the tombola game.
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(3)Such application shall contain or be accompanied by (a) a copy of the certificate of registration and of the memorandum and articles of association of the applicant company; (b) a site plan of the premises in respect of which the application is made; (c) a certificate indicating the safety of the premises against fire and other accidents; and (d) such other information, documents and particulars as the Authority may require or as may be prescribed by regulations.
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(4)After the submission of an application for a tombola (bingo) hall licence, the LOTTERIES AND OTHER GAMES Authority shall have the power to require the applicant to provide such other information in addition to that provided together with the application as it shall deem necessary for the purpose of determining the said application.
\n
Grant of a licence.
\n
3.
\n
The Authority shall not issue a tombola (bingo) hall licence to a person unless that person is a company registered in Malta and the Authority is satisfied that (a) the voting share capital of the company is owned directly or indirectly by a person or persons who are fit and proper to benefit from the operation by the company of commercial tombola games and to exercise their rights of membership in such manner as to ensure the proper operation by the company of commercial tombola games; (b) the director or directors of the company are fit and proper to manage the company and to exercise their functions and duties as directors in such manner as to ensure the proper operation by the company of commercial tombola games; (c) the company has the financial and technical means and the expertise necessary to properly operate commercial tombola games and to fulfil all its obligations under this Act; (d) the company will, prior to the commencement of operations, take out and thereafter maintain, the bank guarantee referred to in item 6 of this Schedule as provided and in accordance with the said item 6; and (e) the company will comply in all respects with the provisions of this Act and of any regulations made thereunder applicable to it, and with the terms and conditions of the licence and with any directive issued by the Authority in terms of this Act or of regulations made thereunder and applicable to it.
\n
Form of licence.
\n
4.(1) The tombola (bingo) hall licence shall be in such form as the Authority may determine or as may be prescribed by regulations.
\n
(2)The grant of a tombola (bingo) hall licence does not exonerate the licensee from obtaining any other licence, permit or authorization which may be required under any other law.
\n
Licence conditions and variations or revocations thereof.
\n
5.(1) In granting a tombola (bingo) hall licence the Authority may subject it to such conditions as it may deem appropriate, including conditions relating to the maintenance of a tombola game centralised control system, and having granted such licence the Authority may, from time to time, vary or revoke any condition so imposed or impose new conditions:
\n
Provided that whenever the Authority deems it appropriate to vary any condition or impose any new condition in a tombola (bingo) hall 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 to impose the said new condition, and call upon the said licensee to show cause, within such period being not less that twentyone 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 licensee within the period LOTTERIES AND OTHER GAMES specified in the notice before varying the condition or before imposing the new condition.
\n
(2)Conditions in a tombola (bingo) hall licence may impose requirements to be complied with by the licensee after the licence has ceased to have effect.
\n
(3)A tombola (bingo) hall licence may impose conditions requiring the licensee (a) to obtain the consent of the Authority before doing anything specified, or of a description specified, in the licence; and (b) to refer matters specified, or of a description specified, in the licence to the Authority for approval.
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(4)A tombola (bingo) hall licence shall be deemed to include a condition requiring the licensee to obtain the consent of the Authority before entering into any arrangement with any person, other than an employee of the licensee, for the operation of commercial tombola games within the tombola (bingo) hall in respect of which the tombola (bingo) hall licence has been granted to such licensee.
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(5)A tombola (bingo) hall licence shall include a condition requiring the licensee to pay to the Authority, at such times as may be prescribed by regulations, such fees, duties, taxes and, or other sums as may be so prescribed, which fees, duties, taxes and, or sums shall be in addition to those which the licensee may be required to pay under any law other than this Act.
\n
Requirement of bank guarantee.
\n
6.(1) A tombola (bingo) hall licence shall include a condition requiring the licensee to take out, prior to the commencement of operations, a bank guarantee, to be issued by a bank or by a credit or financial institution acceptable to the Authority, in favour of the Authority and on its own behalf and on behalf of the Government, to the amount of twenty-three thousand and two hundred and ninety-three euro and seventy-three cents (23,293.73), for securing (a) the payment and distribution of prizes by the licensee to winners of commercial tombola games operated under the licence; (b) the payment of fees, taxes, duties or any other sums payable by the licensee to the Authority in terms of item 5(5) of this Schedule; (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.
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(2)The bank guarantee 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.
\n
(3)The bank guarantee shall remain valid until the expiry of one year from the expiry of the licence or until such time as the Authority considers and notifies the licensee in writing that such bank guarantee is no longer required, whichever is the earlier.
\n
(4)The bank guarantee shall be subject to such other terms and conditions as may be specified in the licence or as may be prescribed by regulations made under this Act.
\n
Changes in ownership and management etc.
\n
7.
\n
(1)(a) Without prejudice to the provisions of item 8 of this Schedule, it LOTTERIES AND OTHER GAMES shall be the duty of the tombola (bingo) hall licensee and of the directors thereof, to inform the Authority of any change in, or in the direct or indirect ownership of, the voting share capital of the licensee, or of any change in the management or Board of Directors of the licensee, within five days of such change. It shall also be the duty of the licensee and of its directors to inform the Authority of any material changes in the information and documentation provided by the licensee in terms of item 2(2),
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(3)and (4) of this Schedule or in terms of any other provision of this Act or of regulations made thereunder or in terms of conditions attached to the tombola (bingo) hall licence, as soon as they become aware of such changes. (b) Where owing to any change as is referred to in paragraph (a) hereof, whether the Authority has been informed of such change in accordance with the said paragraph (a) or not, a situation is brought about that, had it existed at the time of the application for the tombola (bingo) hall licence, it would have disqualified the licensee from obtaining a licence in terms of item 3 of this Schedule, 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 to that effect by the Authority, the Authority shall cancel such licence without complying with the provisions of item 10 of this Schedule:
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Provided that the Authority shall not issue a notice as aforesaid any later than three calendar months after being informed by the licensee or its directors of the change in accordance with paragraph (a) hereof.
\n
(2)Failure by the licensee or the directors thereof to comply with the provisions of sub-item (1)(a) hereof shall constitute an offence against this Act.
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Assignment or surrender of licence and transfer of controlling interests.
\n
8.(1) It shall be the duty of a tombola (bingo) hall licensee to obtain the prior approval in writing of the Authority before taking any of the actions set out in paragraphs (a) to (f) of sub-item (2) of this item 8, and if such approval is given, the licensee may then take any of the said actions only subject to such terms and conditions as may be specified by the Authority in its approval. A tombola (bingo) hall licensee who acts in breach of the provisions of this sub-item (1) shall be guilty of an offence against this Act. It shall be the duty of all the directors of the licensee to inform the Authority forthwith upon becoming aware that the licensee intends to take any of the said actions, and in default they shall be guilty of an offence against this Act.
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(2)The actions referred to in sub-item (1) of this item 8 are: (a) the transfer or assignment of the tombola (bingo) hall licence by the tombola (bingo) hall licensee to any other person; (b) the sale or other disposition by the tombola (bingo) hall licensee of its business, whether in whole or in part; (c) the merger by the tombola (bingo) hall licensee with any other company; (d) the tombola (bingo) hall licensee undergoing any reconstruction, division or any conversion of its status from a company into any other kind of commercial partnership; (e) the reduction of the nominal or issued share capital of the tombola (bingo) hall licensee or the increase or reduction of its voting share capital or any material change in voting rights in such licensee; or (f) the surrender of the tombola (bingo) hall licence by the tombola (bingo) LOTTERIES AND OTHER GAMES hall licensee during the licence term.
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(3)It shall be the duty of any person who holds or owns a controlling interest in a tombola (bingo) hall licensee to obtain the prior approval in writing of the Authority before transferring such controlling interest to any other person, or such part thereof as would cause him to cease to hold or own a controlling interest in the licensee or as would cause the transferee to acquire a controlling interest in the licensee, and if such approval is given, the said person may then transfer such controlling interest or part thereof as aforesaid only subject to such terms and conditions as may be specified by the Authority in its approval. A person who acts in breach of the provisions of this sub-item (3) shall be guilty of an offence against this Act. It shall be the duty of the tombola (bingo) hall licensee and of all the directors thereof to inform the Authority forthwith upon becoming aware that any person who holds or owns a controlling interest in the licensee intends to transfer such controlling interest or part thereof as aforesaid to any other person, and in default they shall be guilty of an offence against this Act.
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(4)For the purposes of this sub-item (3) and of any other provision of this Schedule which makes reference to this sub-item (3), \"controlling interest in a tombola (bingo) hall licensee\" means a direct shareholding in a tombola (bingo) hall licensee which represents at least twenty per centum of the voting share capital issued by such licensee.
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If a tombola (bingo) hall licensee takes any of the actions set out in paragraphs (a) to (e) of sub-item (2) of this item 8, or if a person referred to in subitem (3) of this item 8 effects a transfer of a controlling interest in the licensee or part thereof as referred to in the said sub-item (3) to any other person, without the prior approval in writing of the Authority, or in breach of any terms and conditions specified by the Authority in any such approval, the Authority may, without prejudice to its powers under items 9 and 10 of this Schedule issue a directive declaring such action or transfer to be void and of no effect, which directive shall be effective against all persons involved in such action or transfer notwithstanding the provisions of any other law< and, or issue a directive to such licensee or, as the case may be, to such person to do or restrain from doing any act which the Authority may deem appropriate in the circumstances, and such licensee or, as the case may be, such person shall comply with any such directive issued to it by the Authority in terms of paragraph (b) of this sub-item (4), failing which it shall be guilty of an offence against this Act.
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Grounds for cancellation or suspension of licence.
\n
9.
\n
The Authority may order the cancellation or suspension of a tombola (bingo) hall licence on any of the following grounds: (a) any 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; (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 tombola (bingo) hall licence or any directive issued by the Authority in terms of this Act or of regulations made thereunder and applicable to it; (c) the licensee knowingly or recklessly supplies to the Authority material information that is false or misleading;
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LOTTERIES AND OTHER GAMES (d) the licensee fails to fulfil his financial commitments when they become due and payable; (e) the licensee fails to take out and maintain the required bank guarantee as provided and in accordance with item 6 of this Schedule; (f) the licensee is being wound up; (g) any person as is referred to in item 8(3) of this Schedule transfers a controlling interest in the licensee or such part thereof as referred to in the said item 8(3) to any other person, without the prior approval in writing of the Authority as required by the said item 8(3), or in breach of any terms and conditions specified by the Authority in any such approval; or (h) the Authority is reasonably satisfied that the licensee is not, or has ceased to be, a suitable person to hold the tombola (bingo) hall licence, or it reasonably deems it necessary in the national interest to cancel or suspend the tombola (bingo) hall licence.
\n
Procedures for the cancellation or suspension of licence.
\n
10.(1) Where a ground for cancellation or suspension of a tombola (bingo) hall licence arises under item 9 of this Schedule, the Authority shall, by notice in writing, 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 being not less than twentyone days after the issue of the notice as specified in the same notice, why the licence should not be cancelled or suspended on such ground as is stated in the notice.
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(2)The Authority shall have regard to any response made under sub-item (1) hereof in such manner that (a) where the matter is resolved to its satisfaction, it shall take no further action and shall inform the licensee in writing accordingly; (b) where, although the matter is not resolved to its satisfaction, it considers that further action is not warranted, it shall caution the licensee in writing; or (c) where the matter is not resolved to its satisfaction and it is satisfied that further action is warranted, it may (i) by notice in writing give such direction to the licensee as it considers appropriate; or (ii) suspend the licence for such period as it thinks fit, or cancel such licence.
\n
(3)Where a direction given by the Authority under sub-item (2)(c)(i) hereof is not complied with within the time specified in the notice, the Authority shall cancel the licence.
\n
Other operations in a tombola (bingo) hall.
\n
11.A tombola (bingo) hall may not be used for the conduct of operations other than the operation of commercial tombola games without the Authority’s prior approval in writing of such other operations. Failure by a tombola (bingo) hall licensee to comply with the provisions of this item 11 shall constitute an offence against this Act.
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LOTTERIES AND OTHER GAMES THIRD SCHEDULE
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Article 40Amended by:
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L.N. 426 of 2007.
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Commercial communication games Application for a licence.
\n
1.(1) An application for a commercial communication game licence shall be made by or on behalf of the person who intends to operate the commercial communication game, in the form and manner required by the Authority.
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(2)Such application shall at least contain the following information: (a) the name and address of the applicant and the address in Malta where any documents may be served on the applicant; (b) the type of the commercial communication game which the applicant wants to operate, and such particulars relating to the rules and regulations regarding the procedures for operating and playing such commercial communication game as the Authority may require or as may be prescribed by regulations; (c) the dates, times and places when and wherefrom the commercial communication game will be operated and offered to the public and, where applicable, the date or dates, time or times and place or places for the drawing or drawings of the commercial communication game; and (d) the goods or services the sale of which is intended to be promoted through the operation of the commercial communication game.
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(3)The application shall also contain or be accompanied with such other information, documents and particulars as the Authority may require or as may be prescribed by regulations.
\n
(4)An application for a commercial communication game licence has to be made in respect of each and every commercial communication game which the applicant wants to operate, although a broadcasting media game licence may be granted in respect of a broadcasting media game which is to be operated on different days or at different times or for a specified period.
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(5)After the submission of an application for a commercial communication game licence, the Authority shall have the power to require the applicant to provide such other information in addition to that given with the application as the Authority may deem necessary for the purpose of determining the said application.
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Grant of a licence.
\n
2.
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The Authority shall not issue a commercial communication game licence to a person unless the Authority is satisfied that (a) the proposed licensee is a fit and proper person so as to ensure, or where the proposed licensee is not an individual, the persons who exercise effective control and management of the affairs of the proposed licensee are fit and proper to carry out their functions and duties in relation to the proposed licensee in such manner as to ensure, the proper operation of the relevant commercial communication game by the proposed licensee; (b) the proposed licensee will comply in all respects with the provisions of this Act and of any regulations made thereunder applicable to it, and LOTTERIES AND OTHER GAMES with the terms and conditions of the commercial communication game licence and with any directive issued by the Authority in terms of this Act or of regulations made thereunder and applicable to it.
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Form of licence.
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3.(1) The commercial communication game licence shall be in such form as the Authority may determine or as may be prescribed by regulations.
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(2)The grant of a commercial communication game licence does not exonerate the licensee from obtaining any other licence, permit or authorization which may be required under any other law.
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Licence conditions and variations or revocations thereof.
\n
4.(1) In granting a commercial communication game licence, the Authority may subject it to such conditions as it may deem appropriate, and having granted such licence the Authority may, from time to time, vary or revoke any condition so imposed or impose new conditions:
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Provided that whenever the Authority deems it appropriate to vary any condition or impose any new condition in the commercial communication game 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 to impose the said new condition, calling upon the said 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 licensee within the period specified in the notice, before varying the condition or before imposing the new condition.
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(2)Conditions in a commercial communication game licence may impose requirements to be complied with by the licensee after the licence has ceased to have effect.
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(3)A commercial communication game licence may impose conditions requiring the licensee (a) to obtain the consent of the Authority before doing anything specified, or of a description specified, in the licence; and (b) to refer matters specified, or of a description specified, in the licence to the Authority for approval.
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(4)A commercial communication game licence shall include a condition requiring the licensee to pay to the Authority, at such times as may be prescribed by regulations, such fees, duties, taxes and, or other sums as may be so prescribed, which fees, duties, taxes and, or sums shall be in addition to those which the licensee may be required to pay under any law other than this Act.
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(5)A commercial communication game licence shall be deemed to include a condition that (a) the prize or prizes which can be won in such game shall not consist of money or a cheque or similar document entitling the holder to convert it into money; and (b) the aggregate retail value of all prizes which can be won in such game shall not exceed the amount of fifty-eight thousand and two hundred and thirty-four euro and thirty-three cents (58,234.33).
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LOTTERIES AND OTHER GAMES Changes in effective control and management etc.
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5.(1) (a) If the commercial communication game licensee is a person other than an individual, such licensee shall within five days of any change in the persons who exercise effective control and management of the affairs of the licensee inform the Authority of such change. The licensee shall also inform the Authority of any material changes in the information and documentation provided by the licensee in terms of item 1(2), (3) and (5) of this Schedule or in terms of any other provision of this Act or of regulations made thereunder or in terms of conditions attached to the commercial communication game licence, as soon as it becomes aware of such changes. (b) Where owing to any change as is referred to in paragraph (a) hereof, whether the Authority has been informed of such change in accordance with the said paragraph (a) or not, a situation is brought about that, had it existed at the time of the application for the commercial communication game licence, it would have disqualified the licensee from obtaining a licence in terms of item 2 of this Schedule, 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 five days from the notice to that effect by the Authority, the Authority shall cancel such licence without complying with the provisions of item 8 of this Schedule:
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Provided that the Authority shall not issue a notice as aforesaid any later than one month after being informed by the licensee of the change in accordance with paragraph (a) hereof.
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(2)Failure by the licensee to comply with the provisions of sub-item (1) hereof shall constitute an offence against this Act.
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Assignment or surrender of licence.
\n
6.(1) A commercial communication game licence may not be assigned or transferred by the commercial communication game licensee to any other person.
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(2)The commercial communication game licensee may not surrender the commercial communication game licence during the licence term without the prior approval in writing of the Authority, and if such approval is given, the licence may then be surrendered only subject to such terms and conditions as may be specified by the Authority in its approval.
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(3)If a commercial communication game licence is assigned or transferred by the commercial communication game licensee to any other person (a) such licence shall be considered null and void< and (b) the Authority may issue a directive to such licensee to do or restrain from doing any act which the Authority may deem appropriate in the circumstances, and such licensee shall comply with any such directive, failing which it shall be guilty of an offence against this Act.
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(4)A commercial communication game licensee who acts in breach of the provisions of this item 6 shall be guilty of an offence against this Act.
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Grounds for cancellation or suspension of licence.
\n
7.
\n
The Authority may order the cancellation or suspension of a commercial communication game licence on any of the following grounds: (a) the licensee, or any person who exercises effective control and management of the affairs of the licensee, is convicted of an offence (b) (c) (d) (e) (f) LOTTERIES AND OTHER GAMES against this Act, or of theft, receiving stolen property, fraud or any crime affecting public trust; 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 commercial communication game licence or any directive issued by the Authority in terms of this Act or of regulations made thereunder and applicable to it; the licensee knowingly or recklessly supplies to the Authority material information that is false or misleading; the licensee fails to fulfil his financial commitments when they become due and payable; the licensee is being wound up; or the Authority is reasonably satisfied that the licensee is not, or has ceased to be, a suitable person to hold the commercial communication game licence, or it reasonably deems it necessary in the national interest to cancel or suspend the commercial communication game licence.
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Procedures for the cancellation or suspension of licence.
\n
8.(1) Where a ground for cancellation or suspension of a commercial communication game licence arises under item 7 of this Schedule, the Authority shall, by notice in writing, 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 being not less than five days after the issue of the notice as specified in the same notice, why the licence should not be cancelled or suspended on such ground as is stated in the notice.
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(2)The Authority shall have regard to any response made under sub-item (1) hereof in such manner that (a) where the matter is resolved to its satisfaction, it shall take no further action and shall inform the licensee in writing accordingly; (b) where, although the matter is not resolved to its satisfaction, it considers that further action is not warranted, it shall caution the licensee in writing; or (c) where the matter is not resolved to its satisfaction and it is satisfied that further action is warranted, it may (i) by notice in writing give such direction to the licensee as it considers appropriate; or (ii) suspend the licence for such period as it thinks fit, or cancel such licence.
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(3)Where a direction given by the Authority under sub-item (2)(c)(i) hereof is not complied with within the time specified in the notice, the Authority shall cancel the licence.
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LOTTERIES AND OTHER GAMES Amended by:
\n
L.N. 426 of 2007.
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FOURTH SCHEDULE
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Article 41Broadcasting media games
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Application for a licence.
\n
1.(1) An application for a broadcasting media game licence shall be made by or on behalf of the owner or operator of a radio or television station, or the subcontractor thereof, who intends to operate the broadcasting media game, in the form and manner required by the Authority.
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(2)Such application shall at least contain the following information: (a) the name and address of the applicant and the address in Malta where any documents may be served on the applicant; (b) the type of the broadcasting media game which the applicant wants to operate, and such particulars relating to the rules and regulations regarding the procedures for operating and playing such broadcasting media game as the Authority may require or as may be prescribed by regulations; and (c) the dates, times, channels, frequencies and transmitting or recording studios when, on which and wherefrom the broadcasting media game will be operated and offered to the public and, where applicable, the date or dates, time or times and place or places for the drawing or drawings of the broadcasting media game.
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(3)The application shall also contain or be accompanied with such other information, documents and particulars as the Authority may require or as may be prescribed by regulations.
\n
(4)An application for a broadcasting media game licence has to be made in respect of each and every broadcasting media game which the applicant wants to operate, although a broadcasting media game licence may be granted in respect of a broadcasting media game which is to be operated on different days or at different times or for a specified period.
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(5)After the submission of an application for a broadcasting media game licence, the Authority shall have the power to require the applicant to provide such other information in addition to that given with the application as the Authority may deem necessary for the purpose of determining the said application.
\n
Grant of a licence.
\n
2.
\n
The Authority shall not issue a broadcasting media game licence to a person unless that person is the owner or operator of a radio or television station or a subcontractor thereof and the Authority is satisfied that: (a) the proposed licensee is a fit and proper person so as to ensure, or where the proposed licensee is not an individual, the persons who exercise effective control and management of the affairs of the proposed licensee are fit and proper to carry out their functions and duties in relation to the proposed licensee in such manner as to ensure, the proper operation of the relevant broadcasting media game by the proposed licensee; (b) the proposed licensee will comply in all respects with the provisions of this Act and of any regulations made thereunder applicable to it, and LOTTERIES AND OTHER GAMES with the terms and conditions of the broadcasting media game licence and with any directive issued by the Authority in terms of this Act or of regulations made thereunder and applicable to it.
\n
Form of licence.
\n
3.(1) The broadcasting media game licence shall be in such form as the Authority may determine or as may be prescribed by regulations.
\n
(2)The grant of a broadcasting media game licence does not exonerate the licensee from obtaining any other licence, permit or authorization which may be required under any other law.
\n
Licence conditions and variations or revocations thereof.
\n
4.(1) In granting a broadcasting media game licence, the Authority may subject it to such conditions as it may deem appropriate, and having granted such licence the Authority may, from time to time, vary or revoke any condition so imposed or impose new conditions:
\n
Provided that whenever the Authority deems it appropriate to vary any condition or impose any new condition in the broadcasting media game 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 to impose the said new condition, calling upon the said 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 licensee within the period specified in the notice, before varying the condition or before imposing the new condition.
\n
(2)Conditions in a broadcasting media game licence may impose requirements to be complied with by the licensee after the licence has ceased to have effect.
\n
(3)A broadcasting media game licence may impose conditions requiring the licensee (a) to obtain the consent of the Authority before doing anything specified, or of a description specified, in the licence; and (b) to refer matters specified, or of a description specified, in the licence to the Authority for approval.
\n
(4)A broadcasting media game licence shall include a condition requiring the licensee to pay to the Authority, at such times as may be prescribed by regulations, such fees, duties, taxes and, or other sums as may be so prescribed, which fees, duties, taxes and, or sums shall be in addition to those which the licensee may be required to pay under any law other than this Act.
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(5)that - A broadcasting media game licence shall be deemed to include a condition (a) the prize or prizes which can be won in such game shall not consist of money or a cheque or similar document entitling the holder to convert it into money; and (b) the aggregate retail value of all prizes which can be won in such game shall not exceed the amount of fifty-eight thousand and two hundred and thirty-four euro and thirty-three cents (58,234.33).
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LOTTERIES AND OTHER GAMES Changes in effective control and management etc.
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5.(1) (a) If the broadcasting media game licensee is a person other than an individual, such licensee shall within five days of any change in the persons who exercise effective control and management of the affairs of the licensee inform the Authority of such change. The licensee shall also inform the Authority of any material changes in the information and documentation provided by the licensee in terms of item 1(2), (3) and (5) of this Schedule or in terms of any other provision of this Act or of regulations made thereunder or in terms of conditions attached to the broadcasting media game licence, as soon as it becomes aware of such changes. (b) Where owing to any change as is referred to in paragraph (a) hereof, whether the Authority has been informed of such change in accordance with the said paragraph (a) or not, a situation is brought about that, had it existed at the time of the application for the broadcasting media game licence, it would have disqualified the licensee from obtaining a licence in terms of item 2 of this Schedule, 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 five days from the notice to that effect by the Authority, the Authority shall cancel such licence without complying with the provisions of item 8 of this Schedule:
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Provided that the Authority shall not issue a notice as aforesaid any later than one month after being informed by the licensee of the change in accordance with paragraph (a) hereof.
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(2)Failure by the licensee to comply with the provisions of sub-item (1) hereof shall constitute an offence against this Act.
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Assignment or surrender of licence.
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6.(1) A broadcasting media game licence may not be assigned or transferred by the broadcasting media game licensee to any other person.
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(2)The broadcasting media game licensee may not surrender the broadcasting media game licence during the licence term without the prior approval in writing of the Authority, and if such approval is given, the licence may then be surrendered only subject to such terms and conditions as may be specified by the Authority in its approval.
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(3)If a broadcasting media game licence is assigned or transferred by the broadcasting media game licensee to any other person (a) such licence shall be considered null and void; and (b) the Authority may issue a directive to such licensee to do or restrain from doing any act which the Authority may deem appropriate in the circumstances, and such licensee shall comply with any such directive, failing which it shall be guilty of an offence against this Act.
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(4)A broadcasting media game licensee who acts in breach of the provisions of this item 6 shall be guilty of an offence against this Act.
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Grounds for cancellation or suspension of licence.
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7.
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The Authority may order the cancellation or suspension of a broadcasting media game licence on any of the following grounds: (a) the licensee, or any person who exercises effective control and management of the affairs of the licensee, is convicted of an offence against this Act, or of theft, receiving stolen property, fraud or any (b) (c) (d) (e) (f) LOTTERIES AND OTHER GAMES crime affecting public trust; 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 broadcasting media game licence or any directive issued by the Authority in terms of this Act or of regulations made thereunder and applicable to it; the licensee knowingly or recklessly supplies to the Authority material information that is false or misleading; the licensee fails to fulfil his financial commitments when they become due and payable; the licensee is being wound up; or the Authority is reasonably satisfied that the licensee is not, or has ceased to be, a suitable person to hold the broadcasting media game licence, or it reasonably deems it necessary in the national interest to cancel or suspend the broadcasting media game licence.
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Procedures for the cancellation or suspension of the licence.
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8.(1) Where a ground for cancellation or suspension of a broadcasting media game licence arises under item 7 of this Schedule, the Authority shall, by notice in writing, 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 being not less than five days after the issue of the notice as specified in the same notice, why the licence should not be cancelled or suspended on such ground as is stated in the notice.
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(2)The Authority shall have regard to any response made under sub-item (1) hereof in such manner that (a) where the matter is resolved to its satisfaction, it shall take no further action and shall inform the licensee in writing accordingly; (b) where, although the matter is not resolved to its satisfaction, it considers that further action is not warranted, it shall caution the licensee in writing; or (c) where the matter is not resolved to its satisfaction and it is satisfied that further action is warranted, it may (i) by notice in writing give such direction to the licensee as it considers appropriate; or (ii) suspend the licence for such period as it thinks fit, or cancel such licence.
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(3)Where a direction given by the Authority under sub-item (2)(c)(i) hereof is not complied with within the time specified in the notice, the Authority shall cancel the licence.
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FIFTH SCHEDULE (Repealed by Act XXII. 2009.21) LOTTERIES AND OTHER GAMES SIXTH SCHEDULE
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Article 43Racecourse Bets and sweepstakes
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Method of operating and playing a sweepstake 1.
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For the purposes of the definition of \"sweepstake\" in article 2(1), a sweepstake is a game connected with a horse race or races conducted on a racecourse which is played (a) by two or more persons not exceeding in number the number of horses or runners participating in any horse race in connection with which the game is operated and played (hereinafter in this paragraph referred to as \"the relevant horse race\"), each of which persons participates in the game by paying a monetary stake to the person operating the game (hereinafter in this paragraph referred to as \"the operator\") in return for a ticket drawn by lot by the operator, previously to the start of the relevant horse race, from among tickets not exceeding in number the number of horses or runners participating in the relevant horse race and each of which tickets is matched to a different horse or runner participating in the relevant horse race, and which is won by the person or persons whose ticket or tickets are matched to the horse or runner or horses or runners placing in such places in the relevant horse race which are prescribed to be winning places by the rules of the game, and whereby the prize in such game consists of the whole of the monies staked in such game less such amount thereof as may, subject to the provisions of this Schedule, be deducted and kept by the operator in accordance with the rules of such game, which prize is distributed to the winners of such game in the proportions set out in, and according to, the rules of the game; or (b) by means of tickets each bearing a different number, symbol or picture, which tickets are purchased by participants in such game against payment of a monetary stake to the person operating the game (hereinafter in this paragraph referred to as \"the operator\") previously to the start of any horse race in connection with which the game is operated and played (hereinafter in this paragraph referred to as \"the relevant horse race\"), and whereby the operator draws by lot, previously to the start or after the termination of the relevant horse race a number of numbers, symbols or pictures equal to the number of horses or runners participating in the relevant horse race and is won by the holders of the tickets bearing the same numbers, symbols or pictures as those drawn as aforesaid, and whereby the prize in such game consists of the whole of the monies staked in such game less such amount thereof as may, subject to the provisions of this Schedule, be deducted and kept by the operator in accordance with the rules of such game,
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which prize is distributed to the holders of the winning tickets in the proportions set out in, and according to, the rules of the game.
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Duration and renewal of licence.
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2.(1) A racecourse betting licence shall be issued for such term, not exceeding one year as the Authority may specify in the licence.
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(2)Unless it is previously cancelled, a racecourse betting licence may be renewed by the Authority for a further period or further periods, each of which shall LOTTERIES AND OTHER GAMES not exceed one year, as the Authority may determine.
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(3)Any such renewal as is mentioned in sub-item (2) hereof is subject to compliance by the racecourse betting licensee, during the immediately preceding original or renewed term of the licence, with the provisions of this Act and of any regulations made thereunder, and with the terms and conditions of the 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 by such date before the expiry of the immediately preceding original or renewed term of the licence as the Authority has specified in the licence, and containing such information as the Authority has specified therein as necessary or expedient to enable it determine whether to renew the said licence.
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(4)After the submission of an application for the renewal of a racecourse betting 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.
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Application for a licence.
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3.(1) An application for a racecourse betting licence shall be made by or on behalf of the approved racing club or other person who intends to operate racecourse bets and, or sweepstakes, in the form and manner required by the Authority.
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(2)Such application shall at least contain the following information: (a) the name and address of the applicant and the address in Malta where any documents may be served on the applicant; (b) the type of racecourse bets and, or sweepstakes which the applicant wants to operate, and such particulars relating to the rules and regulations regarding the procedures for operating and playing such bets and, or sweepstakes as the Authority may require or as may be prescribed by regulations; (c) the approved racecourse or approved racecourses in which there will be conducted the horse races and, or dog races on or in connection with which the applicant wants to operate the relevant racecourse bets and, or sweepstakes.
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(3)The application shall also contain or be accompanied with such other information, documents and particulars as the Authority may require or as may be prescribed by regulations.
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(4)After the submission of an application for a racecourse betting licence, the Authority shall have the power to require the applicant to provide such other information in addition to that given with the application as the Authority may deem necessary for the purpose of determining the said application.
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Grant of licence.
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4.
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The Authority shall not issue a racecourse betting licence to a person unless the Authority is satisfied that (a) the proposed licensee is a fit and proper person so as to ensure, or where the proposed licensee is not an individual, the persons who exercise effective control and management of the affairs of the proposed licensee are fit and proper to carry out their functions and duties in relation to the proposed licensee in such manner as to ensure, the proper operation of the relevant racecourse bets and, or sweepstakes by the proposed LOTTERIES AND OTHER GAMES licensee; (b) the proposed licensee will comply in all respects with the provisions of this Act and of any regulations made thereunder applicable to it, and with the terms and conditions of the racecourse betting licence and with any directive issued by the Authority in terms of this Act or of regulations made thereunder and applicable to it.
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Form of licence.
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5.(1) The racecourse betting licence shall be in such form as the Authority may determine or as may be prescribed by regulations.
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(2)The grant of a racecourse betting licence does not exonerate the licensee from obtaining any other licence, permit or authorization which may be required under any other law.