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Lotteries And Other Games (Amendment) Act, 2009 (Bill No. 31)

A BILL

entitled

AN ACT to amend the Lotteries and Other Games Act.

BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same, as follows:-

Short title. 1. The short title of this Act is the Lotteries and Other Games

(Amendment) Act, 2009.

PART I

Amendment of the Lotteries and other Games Act. Cap. 438.

Amendment of article 2 of the principal Act.

AMENDMENT OF THE LOTTERIES AND OTHER GAMES ACT

2. This Part amends the Lotteries and Other Games Act, and it shall be read and construed as one with the Lotteries and Other Games Act, hereinafter in this Part referred to as "the principal Act".

3. Subarticle (1) of article 2 of the principal Act shall be amended as follows:

(a) in the definition "gaming device", for the words "or in gaming, and includes a totalisator, a VLT, a VLT central computer, a tombola scorecard and a tombola scoresheet;", there shall be substituted the words "or in gaming;";
(b) immediately after the definition "gaming device" there shall be added the following new definition:
" "hosting" shall have the meaning assigned to it by the Minister in regulations made under this Act;";
(c) for the definition "licensee" there shall be substituted the following:
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" "licensee" means any person holding a licence issued by the Authority under this Act;";
(d) in the definition "other games" the words "VLT
games operated by VLT licensees," shall be deleted;
(e) in the definition "relevant gaming device" for the words "in gaming, and includes a totalisator, a VLT and a VLT central computer;", there shall be substituted the words "in gaming;"; and
(f) the definitions "Video Lottery Terminal", "VLT", "VLT central computer", "VLT CPU", "VLT game", "VLT licence", "VLT licensee" and "VLT payout voucher" shall be deleted.

4. Article 7 of the principal Act shall be amended as follows: (a) in the marginal note thereof, for the words

"Importation, etc., of relevant gaming devices", there shall be
substituted the words "Placing on the market, etc., of relevant gaming devices";
(b) in subarticle (1) thereof, for the words "shall place on the market, manufacture, maintain or supply any relevant gaming device," there shall be substituted the words "shall manufacture, assemble, repair, service, place on the market, distribute, supply, sell, lease, transfer, make available for use, host or operate any relevant gaming device," and immediately after the words "in respect of such relevant gaming device" there shall be added the words "or such activity";
(c) in subarticle (2) thereof, for the words "to place on the market, manufacture, maintain or supply a relevant gaming device," there shall be substituted the words "to manufacture, assemble, repair, service, place on the market, distribute, supply, sell, lease, transfer, make available for use, host or operate any relevant gaming device," and for the words "cancellation or suspension of" there shall be substituted the words "cancellation or suspension of, or the imposition of any condition on,"; and
(d) in subarticle (3) thereof, for the words "places on the market, manufactures, maintains or supplies, or in any way aids or abets the importation, manufacture, maintenance or supply of, a relevant gaming device in contravention of subarticle (1)," there shall be substituted the words "contravenes, or in any way aids or abets a person to contravene, the provisions of subarticle (1),".

Amendment of article 7 of the principal Act.

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Amendment of article 8 of the principal Act.

Amendment of article 11 the principal Act.

Amendment of article 18 of the principal Act.

5. Article 8 of the principal Act shall be amended as follows: (a) in subarticle (1) thereof, for the words "sixteen years

of age shall be guilty of an offence." there shall be substituted the words:
"eighteen years of age shall be guilty of an offence: Provided that in the case of the offering for
sale or the sale of the National Lottery under a National
Lottery licence currently in force at the time of the coming into force of this proviso, the age prohibition shall be sixteen years instead of eighteen years."; and
(b) in subarticle (2) thereof, for the words "under the age of sixteen years," there shall be substituted the words "under the age referred to in subarticle (1),".

6. In paragraph (g) of article 11 of the principal Act, for the words "the placing on the market, manufacture, supply and maintenance of relevant gaming devices," there shall be substituted the words "the manufacture, assembly, repair, service, placing on the market, distribution, supply, sale, lease, transfer, making available for use, hosting and operation of relevant gaming devices,".

7. Article 18 of the principal Act shall be amended as follows:

(a) in subarticle (1) thereof -
(i) immediately after the words "from time to time be given" there shall be added the words "by means of regulations made under this Act or";
(ii) in paragraph (a) thereof -
1. immediately after the words "any gaming device," there shall be added the words "amusement machine," and immediately after the words "whatsoever related to games," there shall be added the words "amusement games," and immediately after the words "the operation of games" there shall be added the words "or amusement games";
2. in subparagraph (i) thereof, for the words "to produce such device, books" there shall be substituted the words "to produce such gaming
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device, amusement machine, books";
3. in subparagraph (ii) thereof, immediately after the words "relating to the gaming device," there shall be added the words "games, amusement machine, amusement games,";
(iii) in paragraph (b) thereof -
1. immediately after the words "on behalf of a licensee", there shall be added the words "or any other person";
2. in subparagraph (i) thereof, for the words "the operation of authorised games" there shall be substituted the words "the operation of games or amusement games";
3. in subparagraph (ii) thereof, for the words "to the operation of authorised games" there shall be substituted the words "to the operation of games or amusement games";
(iv) in paragraph (c) thereof, for the words "any gaming device, inspect such book or document, and take copies of, or make notes in relation to, such book or document, relating to the operation of games as the inspector" there shall be substituted the words "any gaming device or amusement machine, inspect such book, document or records, and take copies of or make notes in relation to such book, document or records, relating to the operation of games or amusement games, as the inspector";
(v) in paragraph (d) thereof, for the words "to direct a licensee," there shall be substituted the words "to direct any licensee or any person whom the inspector reasonably suspects to be in breach of this Act or any regulations made thereunder,"; for the words "sale of authorised games, any gaming device that" there shall be substituted the words "sale of games or amusement games, any gaming device or amusement machine that"; and for the words "which it is intended;" there shall be substituted the words "which it is intended or is not otherwise in conformity with the provisions of this Act or any regulations made thereunder;";
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(vi) in paragraph (e) thereof, immediately after the words "of a game" there shall be added the words "or an amusement game";
(vii) in subparagraph (ii) of paragraph (f) thereof, immediately after the words "of a licensee" there shall be added the words "or any person operating, promoting or selling games or amusement games," and for the words "his duties; and" there shall be substituted by the words "his duties;";
(viii) in paragraph (g) thereof, for the words "evidence of his age," there shall be substituted the words "evidence of his age;";
(ix) immediately after the paragraph (g) thereof, there shall be added the following new paragraphs:
"(h) to disable or otherwise prevent the use of a gaming device or amusement machine where the inspector considers that such gaming device or amusement machine, or any person operating or hosting such gaming device or amusement machine, is not in conformity with any provision of this Act, regulations issued thereunder or conditions of any licence; and
(i) to remove any gaming device or amusement machine and any equipment and, or software connected thereto, from their current location to another location approved and designated by the Authority for the purpose of conducting inspections, testing or examinations on such gaming device, amusement machine, equipment and, or software."; and

Amendment of article 19 of the principal Act.

(b) in subarticle (3) thereof, for the words "hinders or fails" there shall be substituted the words "hinders, obstructs or otherwise interferes with, or knowingly makes a false or misleading written or oral statement or produces a false document to, an inspector, and any person who fails" and for the words "his duties under subarticle (1) or under article 19," there shall be substituted the words "his duties,".

8. Article 19 of the principal Act shall be amended as follows:

(a) immediately after the words "place where games"
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there shall be added the words "or amusement games" and for the words "sale, or where games are being organised or operated," there shall be substituted the words "sale, organised, operated or are otherwise made available to the public,";
(b) in paragraph (b) thereof, for the words "of licensees or of sellers of games" there shall be substituted the words "of licensees, sellers or operators of games";
(c) paragraphs (c), (d) and (e) thereof shall be renumbered as paragraphs (d), (e) and (f) respectively;
(d) immediately after paragraph (b) thereof, there shall be added the following new paragraph:
"(c) observing any of the operations of licensees, sellers or operators of amusement games;"; and
(e) in paragraph (d) thereof, as renumbered, for the words "of licensees or of sellers of games or of games" there shall be substituted the words "of licensees, sellers or operators of games or amusement games".

9. In article 20 of the principal Act, immediately after the words "promotion or sale of any game" there shall be added the words "or amusement game".

10. Article 42 of the principal Act shall be repealed.

11. Subarticle (1) of article 67 of the principal Act shall be amended as follows:

(a) for the words "to a fine (multa) of not less than six thousand and nine hundred and eighty-eight euro and twelve cents (6,988.12) and not more than two hundred and thirty-two thousand and nine hundred and thirty-seven euro and thirty-four cents (232,937.34)" there shall be substituted the words "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)";
(b) in the first proviso thereof, for the words "fine (multa) of not less than eleven thousand and six hundred and forty-six euro and eighty-seven cents (11,646.87) and not more than three hundred and forty-nine thousand and four hundred and six euro and one cent (349,406.01)," there shall be substituted the words "fine (multa) of not less than twelve

Amendment of article 20 of the principal Act.

Repeal of article

42 of the

principal Act.

Amendment of article 67 of the principal Act.

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thousand euro (€12,000.00) and not more than threehundred and fifty thousand euro (€350,000.00),"; and

Amendment of article 69 of the principal Act.

(c) in the third proviso thereof, for the words "a fine (multa) of not less than two hundred and thirty-two euro and ninety-four cents (232.94) and not more than six thousand and nine hundred and eighty-eight euro and twelve cents (6,988.12), the applicable penalty shall be a fine (multa) of not less than two hundred and thirty-two euro and ninety-four cents (232.94) and not more than six thousand and nine hundred and eighty-eight euro and twelve cents (6,988.12).", there shall be substituted the words "a fine (multa) of not less than two hundred and fifty euro (€250.00) and not more than seven thousand euro (€,0700.00), the applicable penalty shall be a fine (multa) of not less than two hundred and fifty euro (€250.00) and not more thanseven thousand euro (€7,000.00).".

12. Article 69 of the principal Act shall be amended as follows:

(a) in subarticle (1) thereof, immediately after the words "any gaming device" there shall be added the words "or amusement machine" and immediately after the words "or a licence" there shall be added the words "or an authorisation";
(b) in subarticle (2) thereof -
(i) in paragraph (a) thereof, immediately after the words "tamper with any gaming device" there shall be added the words "or amusement machine" and immediately after the words "or any licence" there shall be added the words "or authorisation";
(ii) in paragraph (b) thereof, for the words "tampered with gaming device or licence.", there shall be substituted the words "tampered with a gaming device, amusement machine, licence or authorisation."; and

Amendment of article 70 of the principal Act.

(c) in subarticle (3) thereof, for the words "Furthermore, any gaming device or licence", there shall be substituted the words "Furthermore, any gaming device, amusement machine, licence or authorisation".

13. In subarticle (1) of article 70 of the principal Act, for the words "imported, manufactured or supplied" there shall be substituted the words "manufactured, assembled, placed on the market, distributed, supplied, sold, leased, transferred, made available for use, hosted or operated", and for the words "manufacturing or carrying out

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maintenance" there shall be substituted the words "manufacturing, assembling, repairing or servicing".

14. In article 72 of the principal Act, immediately after the words "any gaming device" there shall be added the words "or amusement machine" and for the words "this Act or any Part thereof," there shall be substituted the words "this Act or any regulations made thereunder,".

15. In article 73 of the principal Act, immediately after the words "any provision of this Act" there shall be added the words "or any regulations made thereunder".

16. Article 74 of the principal Act shall be amended as follows:

(a) in subarticle (1) thereof, for the words "or any Part thereof." there shall be substituted the words "or any regulations made thereunder.";
(b) in subarticle (2) thereof, for the words "this Act or any Part thereof shall" there shall be substituted the words "this Act or any regulations made thereunder shall"; and
(c) immediately after subarticle (2) thereof, there shall be added the following new subarticles:
"(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.
(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:

Amendment of article 72 of the principal Act.

Amendment of article 73 of the principal Act.

Amendment of article 74 of the principal Act.

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Cap. 9.

Cap. 9.

Cap. 9.

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):
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).
(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.
(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.
(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.".

Amendment of article 78 of the principal Act.

17. Article 78 of the principal Act shall be amended as follows:

(a) in subarticle (2) thereof -
(i) in paragraph (a) thereof, for the words "the issue, suspension and cancellation of a licence under this Act" there shall be substituted the words "the issue, imposition of conditions on, suspension, and cancellation of any licence under this Act" and for the words "in case of the cancellation or suspension of" there shall be substituted the words "in case of the suspension or cancellation of";
(ii) in paragraph (b) thereof, for the words "games, including the payment of stakes and, or prizes in games;", there shall be substituted the words "games,
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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;";
(iii) paragraph (c) thereof shall be substituted by the following paragraph:
"(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 categories of gaming devices or specified gaming devices:
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;";
(iv) in paragraph (i) thereof, for the words "at any time; and" there shall be substituted the words "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;";
(v) paragraph (j) thereof shall be renumbered as paragraph (n);
(vi) immediately after paragraph (i) thereof, there shall be added the following new paragraphs:
"(j) 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,
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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 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 and paid by the Authority such percentage of gross fees paid to the Authority 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; and";
(b) in subarticle (5) thereof -
(i) for the words "to regulate the placing on the market, manufacture, supply, maintenance, use, operation, control and supervision of, and other matters relating to, amusement machines or specified categories of amusement machines or specified amusement machines and," there shall be substituted the words "to 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, amusement machines, specified categories of amusement machines, specified amusement machines, amusement games, specified categories of amusement games or specified amusement games, and";
(ii) in paragraph (a) thereof, for the words "may only be placed on the market, manufactured, supplied, maintained and, or operated by a person" there shall be substituted the words "may only be manufactured, assembled, placed on the market, distributed, supplied,
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sold, leased, transferred, maintained, serviced, repaired, displayed, hosted, made available for use, used, operated, monitored, controlled or supervised by a person";
(iii) in paragraph (c) thereof, for the words "and, or the placing on the market, manufacture, supply, maintenance, use and, or operation thereof be, or be made, under the supervision of the Authority and of inspectors;", there shall be substituted the words:
"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:
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;";
(iv) in paragraph (d) thereof, for the words "in respect of the placing on the market, manufacture, supply, maintenance, use and, or operation of such" there shall be substituted the words "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";
(v) in paragraph (e) thereof, for the words "the sale, purchase, placing on the market, supply and, or manufacture" there shall be substituted the words "the manufacturing, placing on the market, distribution, supply, sale, transfer, making available for use, use, and, or purchase";
(vi) paragraph (g) thereof shall be substituted by the following paragraph:
"(g) prescribe the specifications applicable to the premises or venue from or in which an amusement game can be offered, promoted, operated or sold, including but not limited to the
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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;";
(vii) in paragraph (h) thereof, for the words "games are played fairly.", there shall be substituted the words "games are played fairly; and"; and
(viii) immediately after paragraph (h) thereof, there shall be added the following new paragraph:
"(i) prescribe the minimum age of persons permitted to use amusement machines, specified categories of amusement machines, specified amusement machines, amusement games, specified categories of amusement games or specified amusement games."; and

Repeal of Fifth Schedule to the principal Act.

Repeal of Government Lotteries Act. Cap. 292.

Repeal of Government Lotteries Act. Cap. 292.

Amendments to the Trading Licences Act. Cap. 441.

(c) in subarticle (8) thereof, for the words "provisions of such regulations.", there shall be substituted the words "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.".

18. The Fifth Schedule to the principal Act shall be repealed.

PART II

Repeal of Government Lotteries Act

19. This Part repeals the Government Lotteries Act and the regulations made thereunder.

20. The Government Lotteries Act and all regulations made thereunder are hereby repealed.

PART III

Amendments to the Trading Licences Act

21. This Part amends the Trading Licences Act, and it shall be read and construed as one with the Trading Licences Act, hereinafter in this Part referred to as "the principal Act".

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22. In subarticle (1) of article 20 of the principal Act, for the words "permit from the Local Council." there shall be substituted the words "permit from the Local Council:", and immediately thereafter there shall be added the following proviso:

Amendment of article 21 of the principal Act.

Cap. 438.

"Provided that the holding of small games and tombola shall, in addition, be subject to obtaining any licence or authorisation which may be required under the Lotteries and Other Games Act.".

Objects and Reasons

The main object of this Bill is to amend various provisions, in various laws, related to lotteries and gaming.