Chapter 583 – Gaming Act

GAMING

CHAPTER 583

GAMING ACT AN ACT to make provision for the governance and regulation of gaming services and products from and within Malta, together with all such activities and matters that are ancillary or incidental thereto or connected therewith, and for the establishment and functions of the Malta Gaming Authority.

1st August, 2018 ACT XVI of 2018 as amended by Legal Notice 204 of 2018 and 418 of 2018 and 278 of 2019 and Acts XLI of 2018 and XXI of 2023.

ARRANGEMENT OF THE ACT

Part I

Part II

Part III

Part IV

Part V

Part VI

Part VII

Part VIII

Part IX

Part X

Part XI

Preliminary and Governing Regulatory Objectives Principles Establishment, Functions, Powers and Conduct of Affairs of the Malta Gaming Authority Authorisations Protection of Minors and Vulnerable Persons Rights and Obligations of Players Enforcement and Sanctions Financial Provisions Administrative Review Administration Miscellaneous First Schedule Second Schedule Third Schedule Fourth Schedule - Articles 1-2 3-4 5 - 12 14 - 17 18 - 22 23 - 33 34 - 41 42 - 45 47 - 59 Composition and conduct of affairs of the Board Detailing of public officers for duty with the Authority Criminal Offences Amendment of other enactments GAMING

PART I - Preliminary

Short title and commencement. Amended by: L.N. 204 of 2018.

Art. 1

Interpretation.

Art. 2

requires:

game or games forming part of the gaming service, and, or (b) an indispensable component in the processing and, or management of essential regulatory data; "directorate" means a division of the Authority as may be established from time to time; "economic activity" means any activity which by its nature is or could be carried out for the purpose of making a profit, whether or not such profit is for philanthropic or other fund raising purposes; "financial year of the Authority" means a period from 1 January to 31 December of a year; "game" means a game of chance or a game of skill; "game of chance" means an activity the outcome of which is determined by chance alone or predominantly by chance, and includes but is not limited to activities the outcome of which is  GAMING determined depending on the occurrence or outcome of one or more future events; "game of skill" means an activity the outcome of which is determined by the use of skill alone or predominantly by the use of skill, but excludes a sport event, unless otherwise established by or under this Act; "gaming" means an activity consisting in participating in a game, offering a gaming service or making a gaming supply; "gaming device" means any device or object, including any electrical, electronic, or mechanical device, ticket or any other thing, that is used or is by its nature intended for use as part of a gaming service or in connection therewith in a gaming premises; "gaming premises" means any premises accessible to the public, which is used or intended to be used for players to participate in a gaming service; "gaming sector" means the economic sector focused on the provision of gaming services and gaming supplies and other services and goods in connection therewith or related thereto; "gaming service" means making a game available for participation by players, whether directly or indirectly, and whether alone or with others, as an economic activity; "gaming supply" means a supply, directly or indirectly, of a good or service, in relation to a gaming service, which is either a material gaming supply or ancillary gaming supply, but does not include provision of a key function; "material supply" or "material gaming supply" means a gaming supply of such importance that any weakness or failure in its provision could have a significant impact on the operator’s (a) ability to meet the operator’s obligations under the Act and all applicable regulatory instruments; or (b) to manage the risks related to such supply; or (c) to continue in business, and the term "material supply"

shall include a "critical supply"; "minor" means a physical person under the age of eighteen years, except where prescribed otherwise in specific instances under this Act or any other regulatory instrument; "Minister" means the Minister responsible for the gaming sector; "money and, or money’s worth" includes, without limitation, currency accepted as legal tender in the jurisdiction or jurisdictions of its issue, virtual currencies, units of value, tokens of value, goods, services and any form of property which may be traded, sold, GAMING converted into, or otherwise exchanged for money, goods or services; "National Lottery games" means the Grand Lottery, Super 5 and Lotto, in the form envisaged in the National Lottery licence as well as any variation of any of the said National Lottery Games; "National Lottery licence" means a licence granted by the Authority in virtue of a concession by the Minister granted under article 11(3), to operate the National Lottery games and such other games as authorised by the Authority, and subject to such terms and conditions therein, and "National Lottery licensee" shall be construed accordingly; "operator" means a person who carries out a gaming service; "player" means an end customer who participates or takes preparatory steps to participate in a game; "player funds" means player’s money and money’s worth held by an operator under an arrangement made between an operator and the player for the provision of a gaming service and includes, but is not limited to, funds that the player has the right to withdraw and funds committed directly by players to games, pending determination of the outcome of such games; "player funds account" means an account held by or for or on behalf of an operator with a licensed credit, financial and, or payment institution in which player funds are kept; "prize" means the reward of money or money’s worth offered to one or more participants in a game in accordance with the rules of the game; "recognition notice" means a notice issued by the Authority whereby an authorisation issued by another Member State of the EU or the EEA, or a State which is deemed by the Authority to offer safeguards largely equivalent to those offered by Maltese law, and is recognised as having the same effect as an authorisation issued by the Authority for the purpose of providing a gaming service, gaming supply and, or key function in or from Malta; "regulatory data" means data which an authorised person is obliged to compile, retain and, or report to the Authority by or under

this Act or any other regulatory instrument; "regulatory instrument" means this Act, regulations made under this Act, and the Authority’s binding instruments; "stake" means money or money’s worth that is or must be committed in order for a player to participate in a game, whether or not it is risked directly on a result of the game;

GAMING "vulnerable person" means any person who is known to have a gambling problem, any person whose social circumstances may make him or her more susceptible to problem gambling, or any person who, by virtue of a defect in the capacity of will and understanding, is rendered more susceptible to problem gambling, and this shall include players who are undergoing a period of self-exclusion, persons who have been diagnosed by medical professionals as being pathological or otherwise problem gamblers, persons who are currently seeking treatment for problem gambling and persons under the influence of alcohol or drugs.

PART II - Regulatory Objectives and Governing Principles

Gaming sector to be supervised.

Art. 3

Main regulatory objectives.

Art. 4

Governing principles. (a) regulatory action shall be proportionate to the aims it strives to achieve and not more burdensome than necessary for the achievement of the said aims; (b) requirements to be imposed on regulated persons shall be non-discriminatory, transparent and accessible, consistent, objective and made public in advance; (c) regulatory action affecting rights and obligations of persons shall be timely and shall be reasoned and taken on the basis of appropriate and relevant considerations; (d) regulatory procedures and requirements shall be such as to avoid, as much as reasonably possible without prejudicing regulatory objectives, duplication of requirements and controls; (e) regulation shall, where appropriate and possible, use a risk-based approach, so that regulatory objectives are pursued in the most efficient and effective way; (f) prior to taking regulatory action or imposing regulatory requirements, where appropriate and opportune, consultation shall be carried out with regulated persons, other stakeholders in the gaming sector and, or the wider public as the case may be; (g) in case of a conflict between public interest and economic considerations, public interest considerations shall prevail; (h) where the public interest considerations so require, the Minister shall be empowered to amend any relevant policies and regulatory actions shall be adjusted accordingly:

Provided that the Authority may deviate from these governing principles if such deviation is objectively justified by an overriding reason relating to public policy, public security, public health or the protection of the environment.

PART III - Establishment, Functions, Powers and Conduct of Affairs

of the Malta Gaming Authority

Art. 5

GAMING legal personality and shall be capable of entering into contracts, of acquiring and disposing of property of any kind for the purposes of its functions under this Act or any other law, of suing and of being sued, and of doing all such things and entering into all transactions as are incidental to or conducive to the exercise or performance of its functions as aforesaid.

Composition of the Authority.

Art. 6

The Authority shall consist of a Board of

Powers and functions of the Authority.

Art. 7

GAMING (f) to provide information and issue guidelines and, or reports to the public relating to any matter regulated by or under this Act; (g) to consult with the general public or a specific segment thereof, as the case may be, on all matters which the Authority considers necessary and, or desirable; (h) to request, collect, compile and maintain records of all relevant data as the Authority may deem appropriate in connection with its functions and objectives; (i) to develop the necessary strategy and action plans to achieve the policies, strategies and objectives set by Government or by the Authority; (j) to advise the Government generally on the formulation of policies directly or indirectly connected with gaming and the gaming sector, and to make recommendations to Government on actions which in the opinion of the Authority would be expedient in relation to matters falling within the regulatory and supervisory functions of the Authority; (k) to advise the Minister on new developments, needs and risks in gaming and the gaming sector and to make proposals as may be deemed necessary or expedient to respond thereto; (l) to advise the Minister on the making of regulations; (m) to establish the minimum requirements to be satisfied by any person who is engaged or employed in any activity, function or involved in any matter regulated by or under this Act; (n) to inquire into the suitability of any person engaged or employed in any activity or involved in any matter regulated by or under this Act to ensure that these persons are fit and proper and suitable to carry out their functions; (o) to grant any licence, approval, recognition or other authorisation for the carrying out of any operation or activity relating to any matter regulated by or under this Act, as may be required in terms of this Act or regulations made thereunder; (p) to assess whether persons comply with the requirements imposed by or under this Act; (q) to impose such proportionate requirements and GAMING conditions, in conformity with European Union law and Malta’s international obligations, as it may deem necessary in fulfilment of its functions under this Act, or as the Minister may direct the Authority by virtue of article 11, in respect of gaming and related activities which are authorised by a competent authority of any other jurisdiction and made available in Malta; (r) to ensure high standards of conduct and management throughout the gaming sector; (s) to prevent, detect and ensure the prosecution of any offence against this Act or regulations made thereunder;

(t) to collaborate with other local or foreign bodies, Government departments, international organisations, and other entities which exercise regulatory, supervisory or licensing powers under any law in Malta or abroad, or which are otherwise engaged in overseeing or monitoring areas or activities in the gaming sector or sectors connected therewith, and to make arrangements for the mutual exchange of information and for other forms of assistance or collaboration in regulatory and supervisory matters; (u) to ensure that international obligations entered into by Malta or by the Authority relative to matters regulated by or under this Act are complied with; (v) to pursue the establishment standards in the gaming sector; of common (w) to foster advancements in the educational sector for matters relating to the gaming sector; (x) to do such other things as are necessary, ancillary or conducive to the attainment of its objectives and, or the performance of its functions under this Act.

Additional powers.

Provided that where a binding instrument is issued and addressed to the general public, or to one or more categories of persons, the Authority shall issue such binding instrument in consultation with the Minister; (b) to issue and, or publish reports, guidelines, GAMING policies and, or consultation papers as may be required, appropriate and, or opportune for the carrying into effect of the provisions of this Act and of any other regulatory instrument; (c) to create or participate in the creation and operations of entities whose function shall be necessary, ancillary or conducive to the attainment of the functions and, or objectives of the Authority under this Act or regulations made thereunder; (d) to request any kind of information from its authorised persons, applicants or any other person, as it may in its discretion consider necessary for the performance of its functions or the fulfilment of the objectives under this Act or any other law; (e) to establish, impose and collect fees, contributions, administrative fines and other dues which it is empowered to impose and, or collect in terms of this Act or any other law; (f) to collect gaming devices levy, gaming tax and other money which it is empowered to collect in terms of this Act or any other law; and (g) to give such directions and impose such sanctions as it may consider necessary in connection with a breach of this Act or any other regulatory instrument or binding instrument:

Provided that any direction and, or sanction imposed in accordance with this paragraph, and any amendment or revocation thereof shall be in writing and shall state the reasons on which it is based, and shall be notified to the person concerned.

GAMING therewith.

Provided that decision-making functions responsibility thereof shall lie solely with the Authority.

Secrecy and disclosure. and

Art. 8

Provided that the above is without prejudice to the provisions of article 25(4) of this Act:

Provided further that notwithstanding the above, the Authority may disclose such information to the Police for the purposes of any investigation or prosecution of a criminal offence or when requested to do so by a court of law in any criminal proceedings. The Authority may also disclose such information in any civil proceedings involving the Authority.

Provided that the public interest requirement shall be deemed ipso jure satisfied where the transfer of data is required in relation to the process of detecting, preventing and investigating activities relating to any of the following offences: (a) money laundering; (b) terrorist financing; (c) funds; (d) fraud, identity theft and misappropriation of computer misuse; and GAMING (e) manipulation of sports competitions:

Provided further that for the purposes of detecting, preventing and investigating the manipulation of sports competitions, the Authority may also share information, including any relevant personal data, with sport governing bodies and other platforms whose function includes the detection of suspicious betting activities and, or are responsible to take action to prevent such manipulation of sports competitions from taking place, and with whom the Authority has signed an agreement establishing the necessary safeguards to protect any personal data being shared:

Provided further that all processing operations shall be in accordance with the applicable data protection legislation.

Art. 9

Legal personality and representation of the Authority.

Provided that the Chief Executive may appoint any one or more of the Authority’s members, officers or employees to appear, sign or otherwise act in the name and on behalf of the Authority in any judicial proceedings and, or in any act, contract, instrument or other document whatsoever:

Provided further that in respect of any matter falling within the functions vested in any member of the Executive Committee, the legal representation of the Authority shall also vest in such Executive Committee member acting alone, or in such member, officer or employee of the Authority, as the Executive Committee member may appoint or authorise for the purpose.

Art. 10

There shall be an Audit Committee, composed of such members and with such functions as the Board may determine.

Audit Committee.

Art. 11

The Minister may, in relation to matters that appear to him to affect public interest, from time to time give to the Authority directions in writing of a general character, consistent with Matters affecting public interest.

GAMING the provisions of this Act, and the Authority shall, as soon as is practicable, give effect to all such directions:

Provided that the Authority shall act independently and shall not seek or take instructions from any other body on matters related to the general regulation of the gaming sector:

Provided further that in matters that appear to the Authority to affect public interest, the Authority may advise the Minister and make proposals on the measures it deems necessary and, or desirable to address such matters.

Powers of the Minister.

Art. 12

The Minister may, acting on the advice of the Authority, make regulations to give effect to the provisions of this Act, or to prescribe anything that is to be or which may be prescribed in terms of this Act or any other regulatory instrument and provide for any matter consequential, incidental to or connected therewith.

Provided that the Minister may authorise the Authority to devise all necessary details of such requirements and conditions referred to in paragraphs (a), (b) and (c) by way of binding instruments to be issued by the Authority.

PART IV - Authorisations

Art. 13

Requirement for authorisation.

PART V - Protection of Minors and Vulnerable Persons

Art. 14

Protection of minors.

Provided that a person shall not be deemed to be in contravention of this article due to advertising or promotion of a gaming service if such advertising or promotion is carried out in accordance with applicable regulatory instruments:

Provided further that casinos in gaming premises operating in virtue of a concession granted by the Minister in terms of article 11 shall not allow a citizen of Malta under the age of twentyfive years to make use of the casino’s gaming service during its hours of operation.

Art. 15

GAMING participation in games.

Social Causes Fund.

Art. 16

There shall be a fund to be known as the "Social Causes Fund", which shall be composed of monies collected in such manner as may be prescribed by the Minister in regulations, which shall be used for the fulfilment of responsible gaming endeavours and other good causes.

Protection of vulnerable persons.

Art. 17

PART VI - Rights and Obligations of Players

Receipt of player complaints.

Art. 18

Without prejudice to the functions established in article 7, the Authority shall also have the function of receiving complaints from players arising out of or in connection with any gaming service, without prejudice to any other function which may be assigned to it by the Board from time to time.

Safeguarding of player funds.

Art. 19

GAMING

Art. 20

Collective proceedings by players.

Art. 21

Authorised persons, in particular authorised persons providing a gaming service, shall ensure that their operation is carried out with due regard to responsible gaming measures as envisaged in the Player Protection Regulations, 2018 and any other regulatory instrument and any other applicable law.

Responsible gaming measures.

Art. 22

Players shall behave in a fair and honest manner in making use of a gaming service and shall not mislead or deceive operators.

Responsibility of players.

PART VII - Enforcement and Sanctions

Art. 23

Any person guilty of a breach stipulated in the Third Schedule shall, on conviction, be liable to a fine (multa) of not less than ten thousand euro (€10,000) and not more than five hundred thousand euro (€500,000) or to imprisonment for a term of not more than five years, or to both such fine and imprisonment:

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 twenty thousand euro (€20,000) and not more than one million euro (€1,000,000), 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:

Provided further that where the person so found guilty is the president, director, manager, or any other officer exercising executive functions in 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.

Penalty for criminal offences against this Act.

GAMING Cap. 446. 

Offences to be tried by the Court of Magistrates and sanction of the Authority.

Art. 24

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.

Provided that said officer may state the facts constituting the offence before giving evidence.  

Penalty by agreement and other sanctions.

Art. 25

Notwithstanding any other provision of this Act, and without prejudice to any other proceedings to which the person in breach may be liable to under any other law, in the case of any breach mentioned in the Third Schedule, the Authority may, with the concurrence of the person committing the breach and subject to the rectification of the breach, impose a penalty not exceeding five hundred thousand euro (€500,000) for each infringement or failure to GAMING comply and, or a sum not exceeding five thousand euro (€5,000) for each day of infringement or non-compliance, and, or any other administrative sanctions as an alternative to criminal court proceedings. Upon conclusion of such agreement, the offender’s criminal liability under this Act with regard to the offence or offences in relation to which the agreement has been entered, shall be extinguished:

Provided that the agreement shall not be concluded and the criminal liability of the offender shall not be extinguished unless the agreement is accompanied by the payment of the sum due or the provision of sufficient security for its payment, in the case of a fine, or in the case of another form of sanction by adherence thereto or sufficient security of adherence:

Provided further for the sake of clarity that the agreement, and payment of any fine due in virtue thereof, shall not exonerate the person in breach from rectifying such breach and becoming duly compliant with this Act and other applicable regulatory instruments:

Provided further that any forfeiture contemplated in this Act or the relevant regulatory instrument as a consequence of the offence to which the agreement relates shall, notwithstanding such agreement, still take effect.

GAMING            

Presumptive evidence of gaming.

Art. 26

In the case of any infringement of any provision of this Act or any other regulatory instrument, any moneys or effects representing the gaming activity, as well as any instruments or other means used in gaming and which may have been found and seized by the Police and, or the Authority on the occasion of any search effected on any person suspected of having committed such infringement or which may have been found in any place suspected of being used for such purpose, may, until the contrary is proved, be taken as sufficient evidence that such moneys, effects or place were actually used for gaming and that the persons found therein and located within direct proximity of the moneys or effects used for gaming at the time of the search were taking part in such gaming, even though no such bets or wagers were actually going on in the presence of the Police officers and, or officers of the Authority.

Art. 27

Forfeiture in favour of the Authority.

Art. 28

Saving as to higher punishments established in any other law.

Art. 29

Furthermore, any device, authorisation or other document and any gains which that person may have made due to said device, authorisation or other document referred to in the said sub-articles shall be forfeited in favour of the Authority and appropriated in favour of the Gaming Fund.

Art. 30

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 any other regulatory instrument or in breach of any conditions attached to an authorisation issued by the Authority, or the storage of a device involved in the contravention of this Act or any other regulatory instrument, or who wilfully prevents any Police officer or an officer of the Authority from lawfully entering into such premises, or obstructs or delays such officer from entering by any other means or Place used for unlawful gaming.

GAMING contrivance whatsoever, or a person who gives any alarm or warning to such person, shall be guilty of an offence against the Act.

Investigation with or without notice.

Art. 31

Power to demand documents etc..

Art. 32

Without prejudice to any power exercisable by virtue of the provisions of this Act or any other regulatory instrument or any other law, the Authority may at any time serve on an authorised person a notice requiring him, in such manner and within such reasonable time as may be specified in the notice, to produce or supply for inspection by or on behalf of the Authority, any books, documents, video, audio, information or any other thing which the Authority knows, or has reasonable cause to believe, to be in the possession of, or to be known to, the authorised person for the purpose of carrying out any of its functions.

False, misleading or incomplete statements.

Art. 33

PART VIII - Financial Provisions

Authority to meet expenditure from revenue.

Art. 34

Without prejudice to the following provisions of this article, the Authority shall so conduct its affairs that the expenditure required for the proper performance of its functions GAMING shall, as far as practicable, be met out of its revenue.

GAMING

Art. 35

Provided that for any amount in excess of five hundred thousand euro (€500,000) there shall be required the approval of the Minister in writing.

Advances from Government.

Art. 36

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 authorizing the Accountant General to make such advance.

Exemption from taxes.

Art. 37

Estimates and expenditure.

Art. 38

The Authority shall cause to be prepared in every financial year of the Authority, and shall not later than six weeks after the end of each such year prepare for adoption by the Board of Governors, within six weeks of presentation with or without amendments, estimates of the income and expenditure of the Authority for that financial year.

GAMING

Art. 39

The Authority shall cause to be kept proper books of 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 of the Authority.

Accounts and audit.

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.     

Art. 40

Annual report and audited financial statements.

Art. 41

The Authority shall create and maintain a fund, to be styled as the "Gaming Fund", to which there shall be credited and paid by the Authority, upon receipt thereof:

The Gaming Fund. (a) such percentage of the gross sums, fees, duties and, or taxes paid by authorised persons to the Authority as may be prescribed by regulations made by the Minister under this Act; (b) such sums as may be paid in terms of any law or private contract or any other legal instrument or document whatsoever, be it domestic, foreign or international, to the Responsible Gaming Fund; and (c) any other amounts which the Authority is required to credit and pay into the Gaming Fund by or under this Act or any other law.

PART IX - Administrative Review

Administrative Review Tribunal.

Art. 42

The Administrative Review Tribunal established by article 5 of the Administrative Justice Act, hereinafter referred to as the "Tribunal", shall be competent to hear and determine appeals in accordance with this Act.

Provided that: (a) the clerk, agent, employee or other person confidentially employed in the affairs of the appellant and the parent, spouse or children of the appellant shall not be called to give evidence or to be examined except on the request of the appellant; (b) except at the request of the appellant, no person shall be examined in relation to any information concerning the appellant in respect of which the said person is under the duty of professional secrecy. This exception does not apply to members or employees or former members or employees of the Authority which the Authority requests to give evidence in order to make its case.

GAMING Provided that for the purposes of this sub-article a Tribunal member shall be deemed to have a conflict of interest: (i) on the grounds on which a judge or magistrate may be challenged or abstain in terms of the Code of Organization and Civil Procedure;    (ii) if he has previously expressed his professional opinion in relation to the subject matter of the appeal or an issue which is an important consideration with respect to the subject matter of the appeal; or (iii) if he provides ongoing professional services to a direct competitor of one of the parties to the appeal in such a manner as to undermine his impartiality, or to give the reasonable appearance of a lack of impartiality.

Art. 43

Any person who feels aggrieved by a decision of the Authority may enter, within twenty days after the date of service upon him of notice of the Authority’s decision, an appeal to the Administrative Review Tribunal:

Provided that where the decision appealed from related to the exercise of discretion by the Authority, the Tribunal shall not query the Authority’s decision so long as such discretion has been exercised properly:

Provided further that no appeal shall lie from: (a) any decision of the Authority imposing a fine not exceeding two thousand euro (€2,000) or from any reprimand or warning; and, or (b) a decision of the Authority to refuse to grant, or to suspend or cancel a licence or other authorisation on grounds of national interest or for the safeguarding of the reputation of Malta.

Provided that a decision to cancel a licence or to impose an administrative penalty in terms of this Act or any other regulatory instrument shall not become operative until the expiration of the period within which an appeal lies under this article and, if an appeal is made within such period, the decision shall become operative on Right of appeal.

GAMING the date of the decision of the Tribunal dismissing the appeal or the date on which the appeal is abandoned:

Provided further that when a decision to cancel a licence or other authorisation is appealed, pending the determination of the appeal the relevant licence or authorisation shall be deemed suspended.

Provided that if it be proved to the satisfaction of the Tribunal that owing to absence from Malta, sickness or other reasonable cause, any person is prevented from attending at the hearing of his appeal on the day and at the time fixed for that purpose, the Tribunal may postpone the hearing of such appeal for such reasonable time as it thinks necessary for the attendance of the appellant.

Certain provisions to be followed in the hearing of appeals.

Art. 44

Provided that new evidence may be brought on appeal if the party producing the evidence proves that it had no knowledge of such evidence before the appeal or could not, with the means provided by law, have produced such evidence; (b) the Tribunal shall summarily reject any appeal that is deemed by the Tribunal to be frivolous and, or vexatious. In any such case all costs shall be borne by the appellant, and the Tribunal may also impose on the appellant a nominal fine not exceeding one thousand euro (€1,000), which shall be recoverable by the Authority as a civil debt owed and due to the Authority on which there is an executive title.

Appeals on a point of law.

Art. 45

Any person who, having appealed to the Tribunal, feels aggrieved by its decision may, by application filed GAMING within twenty days of the Tribunal’s decision, appeal to the Court of Appeal (Inferior Jurisdiction), on a point of law only.

Provided that if the Court determines that an appeal is frivolous or vexatious, costs shall be borne by the appellant.

Provided that until such fees have been so established by the Minister, the fees contained in Schedule A to the Code of Organization and Civil Procedure shall apply.  

PART X - Administration

Art. 46

Without prejudice to the powers conferred to the Authority by or under this Act, the Authority may, in exceptional circumstances where it is reasonably satisfied that this would be preferable to any other action, proceed to take any one or more of the following measures: (a) nominate an administrator to take charge of the assets of the authorised person, or any portion of them, for the purposes of safeguarding player funds, the interests of players, and the interests of the employees of the authorised person; (b) nominate an administrator to assume control of the business of the authorised person, either to carry on that business or to carry out such other function or functions in respect of such business, or part thereof, as the Authority may direct, and by application seek the appointment of such administrator by the Civil Court (Voluntary Jurisdiction Section), with such remuneration Appointment of administrator.

GAMING as the Court may deem fit:           Provided that, where the assets of the authorised person are insufficient to satisfy its liabilities, the remuneration due to the administrator and any lawful expenses and disbursements incurred by the administrator in the performance of his functions shall be paid in the same order of priority as expenses and other disbursements incurred by a liquidator, and the remuneration due thereto, in an insolvent winding up in accordance with article 258 of the Companies Act.

PART XI - Miscellaneous

Art. 47

Conflict between this Act and any other law.

Art. 48

Without prejudice to the other provisions of this Act, the appointment of officers and other employees of the Authority, and the establishment of terms and conditions thereof, shall be made by the same Authority.

Appointment of officers and employees.

Art. 49

Limitation of liability.

GAMING Consultants and advisers.

Art. 50

Name of the Authority not to be used without consent.

Art. 51

Service of notices.

Art. 52

Provided that the means used must be such as to enable the production of proof of delivery; or (f) 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.

Language of regulations and directives.

Art. 53

Art. 54

Inapplicability of certain provisions.

Art. 55

Retention of information.

Art. 56

Peremptory period.

Provided that for the sake of clarity such period shall be a peremptory period and shall not be subject to suspension, interruption, or any other extension of such period.

Art. 56A

56A. Notwithstanding any provision of the Code of Organization and Civil Procedure or of any other law, as a principle of public policy: (a) (b) no action shall lie against a licence holder and, or current and, or former officers and, or key persons of a licence holder for matters relating to the provision of a gaming service, or against a player for the receipt of such gaming service, if such action: (i) conflicts with or undermines the legality of the provision of gaming services in or from Malta by virtue of a licence issued by the Authority, or the legality of any legal or natural obligation resulting from the provision of such gaming services; and (ii) relates to an authorised activity which is lawful in terms of the Act and other applicable regulatory instruments; and The Court shall refuse recognition and, or enforcement in Malta of any foreign judgment and, or decision given upon an action of the type mentioned in sub-article (a).

Added by: XXI.2023.2. Repeal of Acts and construction of references therein. Amended by: L.N. 204 of 2018; XLI.2018.2. Cap. 438. Cap. 400. Cap. 70. GAMING

Art. 57

Saving the provisions of sub-articles (4), (5), (6) and (7), the Lotteries and Other Games Act, the Gaming Act, the Public Lotto Ordinance and the Director of Public Lotto (Powers and Functions) Act, hereinafter collectively referred to as "the repealed legislation", are hereby repealed, without prejudice to anything done or omitted to be done thereunder.

Provided that in so far as these provisions apply to gaming provided by means of distance communication, such provisions shall only remain in force until 31st July, 2018.

GAMING

Art. 58

Detailing of public officers for duty with the Authority.

Art. 59

Subject to the provisions of sub-article (2), the enactments in the First Column of Part A of the Fourth Schedule shall have effect subject to the amendments appearing relative thereto in the Second Column of the said Schedule.

Amendment and revocation of other enactments. Amended by: XLI.2018.3.

FIRST SCHEDULE (Article 6(4)) Composition and conduct of affairs of the Board 1.

The Board shall also be responsible for advising the Government in furtherance of the functions and in the attainment of the objectives of the Authority in terms of this Act.

GAMING (b) not less than four but not more than six other Governors appointed by the Minister from among persons who have distinguished themselves in business, financial activities, the professions, the public services or academic affairs and who in his opinion are able to represent the points of view of the industry and players; and (c) The Chief Executive of the Authority, who shall be a member of the Board but shall not have the right to vote on the decisions to be made thereby.

Provided that the Minister may also, in any of the circumstances mentioned in this sub-article, appoint another person to act as Chairperson, and in such case the provisions of this subarticle and the provisions of the following sub-article shall apply in respect of such person.

GAMING (vii) is legally incapacitated or interdicted; (viii) has been convicted of an offence punishable by imprisonment for a period of six months or more; (ix) has been found guilty of an offence under this Act or any other law relating to gaming or of an offence against public trust; (x) has engaged in or been associated with any other business practice or otherwise conducted himself in such manner as to cast doubt on his competence or soundness of judgement; or (xi) that office. is otherwise not a fit and proper person to hold (b) In determining whether a person is a fit and proper person, the Minister shall have regard to that person’s probity, competence and soundness of judgement for fulfilling the responsibilities of that office, to the diligence with which he is fulfilling or is likely to fulfil those responsibilities, and to whether the interests of any person are, or are likely to be, in any way threatened by his holding of that office.

Provided that notwithstanding the above, it shall be a cause for the removal of a member if that member, for any reason, fails to perform his duties including attending for Board meetings, for a continuous period exceeding six months; (e) if the member acts in contravention of subarticle (9); and, or (f) one or more of the grounds for ineligibility envisaged in sub-article (5) arises after that member’s appointment to the Board.

2.

Provided that the Board shall meet as often as may be necessary, but not less than five times every year.

GAMING

Provided that, without prejudice to the other requirements of this Act, no decision shall be valid which is not supported by at least two members of the Board. (b) Each member of the Board shall be entitled to one vote:

Provided that the Chairperson shall have an initial vote, and in the event of an equality of votes, a casting vote.

3.

SECOND SCHEDULE (Article 58) GAMING Detailing of public officers for duty with the Authority 1.

2.

3.

GAMING THIRD SCHEDULE Amended by: L.N. 278 of 2019. (Article 23) Criminal offences (a) Providing a gaming service and, or a critical gaming supply which requires a licence, without the necessary licence issued by the Authority or another competent authority in the European Union or the European Economic Area, or aiding, abetting or otherwise facilitating such a provision. (b) Acting contrary to, or not adhering to the fullest extent possible to, an order issued by the Authority, howsoever named. (c) Committing one or more of the breaches envisaged in articles 29, 30, 32 and 33 of this Act. (d) Preventing, obstructing, or delaying any Police officer or any officer of the Authority lawfully authorised to enter any premises suspected to be used in contravention of any regulatory instrument, or giving an alarm or warning in case of such entry. (e) Using, transferring the possession of, sending or delivering to any person or place, acquiring, receiving, keeping, transporting, transmitting, altering, disposing of or otherwise dealing with, in any manner or by any means, any money, property (whether movable or immovable) or any proceeds of any such money or property with intent to conceal or convert that money or property or those proceeds and knowing or suspecting that all or a part of that money or property, or of those proceeds, was obtained or received, directly or indirectly, as a result of any act of commission or omission which constitutes an offence against this Act. (f) Failing to effect payments to players when lawfully due:

Provided that where it is disputed whether a payment is lawfully due or otherwise, such payment will be deemed to be lawfully due for the purpose of this provision when there is a final binding decision to that effect by a competent court of law or dispute resolution entity. (g) Failing to ensure the integrity and availability of essential regulatory data. (h) Any other breach specified in any regulatory instrument GAMING which is defined therein as giving rise to a criminal offence or an offence against this Act.

FOURTH SCHEDULE (Article 59)

PART A - Amendment of other enactments

1.

Criminal Code Cap. 9:

The following provisions thereof shall be repealed: (a) article 379; and (b) the proviso to article 643.

2.

Conduct Certificates Ordinance -  Cap. 77:

In the Fourth Schedule thereof, for the words "Lotteries and Gaming Authority" there shall be substituted the words "Malta Gaming Authority", and for the words "Lotteries and Other Games Act" there shall be substituted the words "Gaming Act".

3.

Racecourse Betting Ordinance

The following provisions thereof shall be repealed: (a) articles 6 to 13, both inclusive; (b) paragraph (d) of article 14; (c) the second proviso to article 15; and (d) article 16.

4.

Broadcasting Act -  Cap. 350: (a) (b) Article 10(6C) thereof shall be repealed.

Immediately after paragraph (c) of subarticle (4) of article 16M thereof there shall be added the following new provisos: "Provided that notwithstanding the above, gambling products which are strictly related to a sporting event may be advertised on such programme throughout the duration of such event, subject to such restrictions and conditions as the Authority and, or the Malta Gaming Authority may impose thereon:

GAMING Provided further that notwithstanding the first proviso hereof, if the Authority deems that, in the interest of public health and, or for the protection of minors and, or vulnerable persons as defined in the Gaming Definitions Regulations, 2018 the advertising envisaged in the first proviso hereof shall not occur, it may restrict and, or prohibit such advertising as it deems fit in its sole discretion.".

5.

Services (Internal Market) Act -  Cap. 500:

In paragraph (g) of sub-article (2) of article 3 thereof, for the words "the Gaming Act and the Lotteries and other Games Act", there shall be substituted the words "the Gaming Act".

6.

Registration of Clubs Regulations

Fees leviable by Government Departments Regulations -  S.L. 35.01 The following provisions within the Schedule thereof shall be repealed: "Lotto In paragraph (b) of regulation 5 thereof, immediately after the word "gambling" there shall be added the words "and provided that he has verified that prior authorisation has been issued by the Malta Gaming Authority in terms of the Gaming Act"; and (b) Regulation 9 thereof shall be amended as follows: (i) in paragraph (d) thereof, immediately after the word "premises" there shall be added the words "provided that the Commissioner of Police has verified that prior authorisation has been issued by the Malta Gaming Authority in terms of the Gaming Act"; (ii) in paragraph (e) thereof, immediately after the word "gambling" there shall be added the words "provided that the Commissioner of Police has verified that prior authorisation has been issued by the Malta Gaming Authority in terms of the Gaming Act". (a) For a permit to hold a tombola or lottery, inclusive of the duty leviable ......... 0.17 Such fees shall be denoted by means of stamps to be affixed to the permit.

GAMING (b) Fee in respect of an application filed later than the term specified in regulation 7 of the Public Tombolas Regulations - exclusive of the fees payable under paragraph (a) above .................... 1.16".

8.

Smoking in the Public Places Regulations -  S.L. 315.04 In paragraph (c) of sub-regulation (2) of regulation 4 thereof, for the words "Lotteries and Gaming Authority" there shall be substituted the words "Malta Gaming Authority".

9.

Satellite Television Broadcasting Licence (Empowerment) Order -  S.L. 350.13 Article 2 thereof shall be repealed.

GAMING "5.4 11. Requirements as to Advertisements, Methods of Advertising and Directions Applicable to Gambling Advertisements -  S.L. 350.25 Provided that in the exercise of this regulation, the Gaming Act and the regulatory instruments made thereunder applicable to it, shall be complied with."; (e) Immediately after paragraph 6.2 of regulation 6 thereof there shall be added the following new paragraph: "6.3 Provided that in the exercise of this regulation, the Gaming Act and the regulatory instruments made thereunder applicable to it, shall be complied with."; (f) Immediately after sub-paragraph (iv) of paragraph 10.1 of regulation 10 thereof there shall be added the following new paragraph: "10.2 Provided that in the exercise of this regulation, the Gaming Act and the regulatory instruments made thereunder applicable to it, shall be complied with."; (g) Immediately after paragraph 11.1 of regulation 11 thereof there shall be added the following new paragraph: "11.2 Provided that in the exercise of this regulation, the Gaming Act and the regulatory instruments made thereunder applicable to it, shall be complied with.". (a) In paragraph 2.2 of regulation 2 thereof, the words "since any such advertising is prohibited in terms of article 49 of the Gaming Act (Chapter 400 of the Laws of Malta)" shall be deleted; (b) In paragraph 4.1 of regulation 4 thereof, the first reference to the words "the Lotteries and Other Games Act" shall be deleted, and for the words "Lotteries and other Games Act or any subsidiary legislation made thereunder" there shall be substituted the words "Gaming Act or any other regulatory instruments issued thereunder"; (c) Immediately after sub-paragraph (xvii) of paragraph 5.4 of regulation 5 thereof there shall be added the following new paragraph:

GAMING "5.5 Without prejudice to the generality of the foregoing, in the exercise of this provision, the Code of Commercial Communications, howsoever named, as issued by the Malta Gaming Authority shall be complied with.".

PART B - Revocation of other enactments

The following subsidiary legislation is being revoked: - the Betting on the Result of Football Matches Order S.L. 9.02; - the Importation of Mechanical Gambling Contrivances Regulations - S.L. 37.03; - the Permits application for Lotteries, Tombolas or Small Games Regulations - S.L. 70.01; - the Public Tombolas Regulations - S.L. 70.02; - the Public Lotto Regulations - S.L. 70.03; - the Racecourse Betting (Use of Totalisator) Rules -  S.L. 78.01.

Amended by: L.N. 418 of 2018.