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Maltese Laws |
LOTTERIES AND OTHER GAMES ACT
To make provision for the regulation of lotteries and other games and gaming operations in Malta, for the setting up of a Lotteries and Gaming Authority, and for any other purposes connected therewith including the amendment and consolidation of existing laws relating thereto.
2nd September, 2002;
16th February, 2004;
1st October, 2007
ACT XXIV of 2001, as amended by Act III of 2004; Legal Notices 426 of 2007 and 168 of
2008; and Acts XXII of 2009 and XV of 2011.
ARRANGEMENT OF ACT
Articles
PART I Preliminary 1
PART II Definitions 2
PART III General Principles 3-8
PART IV Establishment and Functions of the Lotteries and Gaming
Authority 9-20
PART V Officers and Employees of the Authority 21-25
PART VI The National Lottery 26-36
PART VII Other Games 37-43
PART VIII A ppr ov al of R a ceco urses and R a cin g Club s an d
Appointment of Racecourse Control Boards 44-46
PART IX Provision of Money for Gaming 47-49
PART X Financial Provisions 50-62
PART XI Transfer of Certain Assets to the Authority 63-66
PART XII Offences and Penalties 67-74
PART XIII Supplemental Provisions 75-80
SCHEDULES
First Schedule Non-profit games
Second Schedule Commercial tombola games in tombola (bingo) halls
Third Schedule Commercial communication games
Fourth Schedule Broadcasting media game
Fifth Schedule VLT games and VLTs
Sixth Schedule Racecourse bets and sweepstakes
Seventh Schedule Amendments to enactments
Eighth Schedule Amendments to enactments
Ninth Schedule Constitution and proceedings of a Racecourse Control Board
PART I - PRELIMINARY
Short title. 1. The short title of this Act is the Lotteries and Other Games
Act.
Interpretation. Amended by: III. 2004.162;
L.N. 426 of 2007; XXII. 2009.3;
XV. 2011.8.
PART II - DEFINITIONS
"am u sement game" means a game played by means o f an amusement machine;
"amusement game with prize" means a game played by means of an amusement machine with prize;
"amus e ment machine" me ans any type of machine, whether oper ated electrically, electroni call y, mechanically, m anually
or otherwise, used for the purpose of playing games exclusively for amusement purposes and not for gambling purposes, and which is
operated by the insertion of money or any amusement machine token and where in the operation thereof a successful player neither
receives nor is offered any benefit other than the opportunity, if any, afforded by the automatic action of the machine to play
the game again without the insertion of other money or amusement machine tokens;
"amusement machine token" means a device which can be boug ht fo r in sertio n in amu s emen t machi n es or amusement machines
with prize instead of money, for the operation of such machines;
"amusement machine with prize" means any type of machine, whether opera t ed electrically, electronically, mechanically,
m a nu all y o r ot herwise, u s ed fo r the purpose of playing games exclusively for amu s ement purposes an d not for gam b
ling purposes, and which is operated by the insertion of money or any amusement machine token, and where in the operation thereof
a successful player receives or is offered a prize in money or of a monetary value;
"approved meeting" means a meeting at which horse races and, or dog races, other th an trial races, are held on an approv
ed racecourse with the approval of the respective Racecourse Control Board appointed in respect of such appr oved racecourse under
article 46;
"approved racec ourse" means any racecourse and any ground adjac e nt thereto, in respect of which race course and adjace
nt ground there is a valid certificate of approval issued by the Minister responsible for sport under article 44;
"approved racing club" means a racing club in respect of which th er e is a va li d ce rt ifi c at e of approval issued
by the Minister responsible for sport under article 45;
"authorised game" means a game authorised by the Authority to be operated by a licensee in terms of its licence or a game
operated by p e rsons or other entities exemp t ed f r om any licencing or aut hor isation req u ir em ent or perm itt ed to oper
a te such game without the need of any licence or authorisation in terms of this Act
or regulations made thereunder;
"Au t ho rity " means t h e Lott eri e s and Gamin g Auth orit y established under article 9;
"bet" means a game in which the player is required to forecast any result or outcome in respect of one event or a set of
events; and "betting" shall be construed as the playing of a bet;
"broadcasting media game" means any game which is organised by the owner or operator of a radio or television station, or
a sub- contractor thereof, where the participation of players therein takes place by or as a result of their presence during the
transmission or the recor d in g o f t h e p r og ram m e dur ing wh ich su ch g a me is organ ised or by any i nterv en tion on
their part by any m eans of distance com municati on during or after the transmission or the recording of the programme during which
such game is organised< and "broadcasting media game licence" means a licence to operate a broadcasting media game granted
by the Authority to the owner or op erato r of a radi o o r t e lev i sion stat ion o r a sub-con t ract or thereof under article
41, and "broadcasting media game licensee" shall be construed accordingly;
"Chairman" means the Chairman of the Authority, and includes the Deputy Chairman or other person appointed to act as Chairman
as mentioned in the circumstances contemplated in article 9(3);
"Chief Executive" means the Chief Executive appointed under article 14(1);
"co m mer c ial co mmu n i c a ti o n g a me" mea n s a g a me whi c h i s organised with the purpose to promote or encourage
the sale of go od s o r serv ice s , an d w h i c h d o es no t co nst i t u t e an ec on om i c activity in its own right, and where
any payments required to be made by the participant serve only to acquire the promoted goods or services and not to participate in
the game, although it may be a condition that a person purchases the promoted goods or services in order to participate in the game;
and "commercial communication game licence" means a licenc e to operate a commercial communication game granted
by the Authority to a person under article 40, and "commercial communication game licensee" shall be construed accordingly;
"co mm ercial t omb ola gam e" means any tom bola g am e, other than a tombola game operated by a non-profit organization
in terms of a non-profit game licence;
"Directorates" mea ns such direct orates as the Authority may establish under article 13;
"financial year" means any period of twelve months ending on the 31st December of any year:
Provided that the first financial year of the Authority shall commence on the coming into force of Part IV and shall end on the
31st December of the next following year;
"gam e" m e an s and in clud es, excep t for the purp o ses of the definitions of "amusement machine" and "amusement
game" in this subarticle, a game of chance and a game of chance and skill, but
Cap. 426.
does not include (i) a sport event, although it includes a sport bet and any other game of chance and game of chance and skill the
operation or playing of which depends on a sport event or a set of sport events or the result or outcome thereof and (ii) an amusement
game;
"game of chance" means a game for money and, or prizes with a monetary value, the results of which are totally accidental;
" ga m e of chance and skill" mea ns a game for money and, or prizes with a monetary value, the results of which are not
totally accidental but depend, to a certain extent, on the skill of the participant;
"gaming device" means any electrical, electronic or mechanical device, ticket or any other thing which is used or intended
for use in connection with the operation, promotion or sale of a game and, or in gaming;
"hosting" shall mean the placing of, or the allowing, suffering or otherwise placing of, in premises accessible to the public;
and the term "host" shall be construed accordingly;
"informatio n society servi ce" sh all have the same meaning assigned to it in article 2(1) of the Electronic Commerce Act;
"inspector" means a person appointed by the Authority under article 17 to be an inspector;
"licensee" means any person holding a licence issued by the
Authority under this Act;
"lottery" means any game of chance where prizes are distributed by lot or chance among participants in the game;
"means of distance communication" includes any means which may be used for the communication, transmission, conveyance and
receipt of information (including information in the form of data, text, images, sound or speech) or for the conclusion of a contract
between two or more persons; without the simultaneous physical presence of those persons; such m eans m a y be un addressed or addressed
printed matter, a standard letter, press advertising with an order fo rm , a c atal o gu e, t ele ph on e w it h hu m an in te rv
en ti on (including phone-ins during radio and television programmes) or without human intervention (such as automatic calling machine,
audiotext), radio, videophone (telephone with screen), videotext (microcomputer and tele vision screen) with keyboard or touch screen,
electronic mail, facsimile machine (fax), and television (tel eshopp ing), and any other means of communication, transmission,
conveyance and receipt of information by wire, radio, optical means, electromagnetic means or by any electronic means;
"Minister" means the Minister of Finance;
"N at ion a l Lot t ery" mean s gene rally all su ch games as ar e prescrib ed t o f o rm part of th e Nati onal Lot t ery
by vi rtu e of regulations under this Act, and the terms and conditions of which and other matters relating thereto are also prescribed
by regulations or in the National Lottery licence; and "National Lottery licence" means a licence to operate the
Natio nal Lo tter y g r ant e d un der
ar tic le 2 6 (3) to a c o m p any re gist er ed i n M a lta , an d "N atio nal
Lottery licensee" shall be construed accordingly;
"no n -pro fit game" means a game organi sed by a n on-p r ofi t organization, the net proceeds of which are intended for
a religious, sports, philanthropic, cultural, educational, social or civic purpose or for any other purpose as the Minister may by
order in the Gazette prescribe; and "non-profit game licence" means a licence to operate a non-profit game gran ted by
th e Authorit y to a no n-profit organization under article 37, and "non-profit game licensee" shall be construed accordingly;
"non -profit organization" means any non-pr ofit organization domiciled in Malta such as religious societies, band clubs,
youth movements, cultural societies, literary societies, clubs promoting arts, sports clubs and sports asso ci ations , charitable
societies, philanthropic societies, political party clubs and political parties, trades unio n , social cl ubs or any other association
or body of persons or individual person pursuing objectives of a religious, phi la nth r opi c, cu lt ural, educational, social or
civic nature , and approved in writing as a non-profit organization by the Authority for the purposes of this Act, and in respect
of which such approval has not been revoked;
"other games" means and includes non-profit games operated by non-profit game licensees, commercial tombola games operated
by tombola (bingo) hall licensees, commercial communication games operated by commercial communication game license es, broadcasting
media games operated by broadcasting media game lice nsee s, and rac ecourse bets and sw eepstakes op erated b y racecourse betting
licensees, in terms of their respective licence and under such terms and conditions as may be prescribed by virtue of regulations,
or by their respective licence; and "other games licensee" shall be construed accordingly;
"public officer" has the same meaning assigned to it by article
124 of the Constitution, but does not include a judge or a magistrate of the courts;
"qualifying shareholding" mean s a direct shareholding in a company which represents five per centum or more of the share capital issued by such company or of the voting rights attaching to su ch share cap ital or whi c h makes it
po ssi b le t o ex ercise a significant influence over the management of the company, and "qualifying shareholder" shall
be construed accordingly;
"racecourse" means any ground used or intended for use for the purpose of racing with horses and, or dogs thereon;
"racecourse bet" means a bet on a horse race or races or on a dog race or races conducted on a racecourse; and "racecourse
betting" shall be construed as the playing of a racecourse bet;
"racecourse betting licence" mean s a licence to operate racecourse bets and, or sweepstakes granted by the Authority to
an ap proved racing clu b or other p e rso n under article 4 3 , and "racecourse betting licensee" shall be construed accordingly;
"Racecourse Control Board" means a Racecourse Control Board
Cap. 386.
appointed in respect of an approved racecourse by the Minister responsible for sport under article 46;
"racing club" means and includes a club, organisation, company or any other association or body of persons which has as
its object or as one of its objects the organisation and conduct of horse races and, or dog races on a racecourse, whether such club,
organisation, company, association or body is the owner of such racecourse or not, and where a racecourse is owned by an individual,
it includes that individual;
"releva nt ga ming device" mean s any electrical, electronic or mechanical device which is used or intended for use in connection
with the operation, promotion or sale of a game and, or in gaming;
"seasonal tombola (bingo) hall licence" means a tombola (bingo) hall licence which is issued for such effective term as
provided in item 1(2) of the Second Schedule, and which is renewable for such further periods as provided in item 1(3) thereof;
and "seasonal tombola (bingo) hall licensee" shall be construed accordingly;
"skill gam e " or "game of skill " means a game fo r money or money’s worth the results of which depend, mainly,
on the skill of the participant, but does not include a sport event;
"small game" means any game wherein the aggregate retail value of all prizes which can be won in such game does not exceed
the am ount of two hundred and thirty-five eu ro (€23 5.0 0 ) o r such lesser amount as may be prescribed in respect of small
games or a specified small game or games by the relevant regulations made under article 78(2)(g);
"sport bet" means a bet on a sport event or a set of sport events and includes a racecourse bet;
"stake" means the economic value which the player of a game, or any third party on his behalf, has to commit in order for
the player to participate in such game and which he can lose, wholly or in part, following the result of the game;
"sweepstake" means a game connected with a horse race or races conducted on a racecourse which is played as provided in
item 1 of the Sixth Schedule;
"subsidiary" has the same meaning as is assigned to the term
"subsidiary undertaking" by the Companies Act;
"tombola game" means a game of chance, also known as "bingo" in which the player uses a tombola scoresheet or
a tom b o l a scorecard or an electronic representation thereof bearing numbers, and is played by mark ing or covering numbers from
one (1) to ninety (90), both numbers inclusive, as are identical to numbers drawn by chance, whether manually or electronically,
and won by the player who first marks or covers the "line" which is achieved when, during one game, for the first time
all five numbers on one ho rizontal row on one sco r ecard are draw n; or the "house" or "bingo" which is achieved
when, during one game, for the first time all the fifteen numbers on one scorecard are drawn;
"tombola (bingo) hall" means such premises in respect of which
a tombola (bingo) hall lice nc e has been granted to a compa n y registered in Malta to hold commercial tombola games therein; and
"tombola (bingo) hall licence" means a lice n ce to operate commercial tombola games in a tombola (bingo) hall granted
by the Authority under article 38 to a company registered in Malta and include s a yea r ly tombola (bingo) hall licence and a se
asonal tombola (bingo) hall licence, and "tombola (bingo) hall licensee" shall be construed accordingly;
"tombola (bingo) session" means a pre-established period of time during which a number of tombola games are held;
"tombola scorecard" means the unit of tombola game on which so me of the num bers partici p ati ng in such t o m bol a gam
e are printed or otherwise electronically represented, and by which a player may participate in such tombola game;
"tombo la scoresheet" mean s a combinatio n of t o mbola scorecards on which all the numbers participating in a tombola
game are printed or otherwise electronically represented, and by which a player participates in such tombola game;
"totalisator" means the contrivance for racecourse betting known as the totalisator of pari-mutuel, or any other device
or instrument of a like nature which is used or intended for use in connection with racecourse betting, whether operated electrically,
electronically, mechanically, manually or otherwise;
"yearly tombola (bingo) hall licence" means a tombola (bingo) hall licence which is issued for such effective term as provided
in item 1(1) of t h e Seco nd Sched u le, and wh ich is ren e wabl e for further periods of one year each as provided in item 1(3)
thereof; and "y early tombo l a (bingo) hall licensee" shall be con s trued accordingly.
(2) Except as otherwise expressly provided in this Act, nothing in this Act shall prejudice the operation of, or shall be deemed
to substitute or to derogate any of the provisions of, the Gaming Act and the Prevention of Corruption (Players) Act.
(3) In this Act and in any regulations made thereunder, if there is any conflict between the English and Maltese texts, the English
text shall prevail.
PART III - GENERAL PRINCIPLES
(2) The provisions of subarticle (1) also apply to any game offered directly or indirectly from abroad or from Malta to persons in Malta through a means of distance communication.
Cap. 400. Cap. 263.
Games which can be played by persons in Malta. Substituted by: L.N. 168 of 2008.
Game based on the result of games.
Cap. 400.
Games which can be operated, etc., by persons in Malta.
Substituted by: L.N. 168 of 2008.
4. Without prejudice to the provisions of article 78(2)(g), no authorised game may be organised on the results of games operated by the holder of a casino licence issued under the Gaming Act in terms of such licence or by a licensee under this Act in terms of his licence, or on the results of any game which is lawfully
organised outside Malta, without the prior approv al in writing of the Authority, and if such approval is given, the relevant authorised
game may then be organised as aforesaid only subject to such terms and conditions as may be specified by the Authority in its approval,
which terms and co nditions may inter alia make the approval subject to the condition that the person to whom such approval is gi ven seek s an d obtain s the prior con s
ent to so o r ganise the relevant authorised game from the casino licensee or the licensee operating the game on the results of which
such relevant authorised game is to be organised or, as the case may be, from the person lawfully organising the game outside Malta
on the results of which game the relevant authorised game is to be organised:
Provided that in the case of authorised games operated by a licensee, the aforesaid approval of the Authority and any relevant terms
and conditions may be incorporated in the respective licence issued to such licensee.
Provided that the Authority may impose such proportionate requirements and conditions, in conformity with European Union law, as it
may deem necessary in fulfilment of its functions under this Act, or as the Minister may direct the Authority by virtue of article
12, in respect of games authorised under any law enacted by a member state of the European Union or a member state of the European
Economic Ar ea or any ot her jurisdiction or territory approved by the Authority:
Provided further that such requirements and conditions shall be compatible with international obligations.
Offences against this Part.
(a) operate, promote, sell, or participate in, or in any way to aid or abet the operation, promotion or sale of a game in contravention
of articles 3 or 4; or
(b) operate, promote or sell or in any way to aid or abet the operation, promotion or sale of a game in contravention
of article 5:
Provided that the liabilities and obligations of providers of information society services in connect ion with games shall be regulated
by the provisions of articles 22 to 25 of the Electronic Commerce Act, and nothing in this article or in any other provision of this Act shall prejudice the operation of the said articles 22 to 25 of
the Electronic Commerce Act.
(2) An application for a licence to manufacture, assemble, repair, service, place on the market, distribute, supply, sell,
lease, transfer, make available for use , host or operate any re levant gaming device, or any part or parts thereof, shall be made
in such form and manner required by the Authority or as prescribed by regulations, and in granting such licence the Authority may
subject i t to su ch co nd it io ns as i t may deem ap pr op ri at e o r as may be prescribed by regulatio ns. Th e Authority
may order the cancellation or suspension of, or the imposition of any condition on, any such licence in such circumstances as may
be prescribed by regulations or in the said licence.
(3) No person shall manufacture, assemble, place on the market, distribute, supply, sell, lease, transfer, make available
for use, host or operate any amus ement machine or amus ement machine with prize, or any part or parts thereof, unless such person
is in possessi on o f a valid li cen ce to this effect issued b y th e Authority or unless such person is exempted from such licensing
requirement in respect of such amusement machine or amusement machines with prize or such activity in terms of regulations made under
this Act.
(4) An application for a licence to manufacture, assemble, place on the market, distribute, supply, sell, lease, transfer,
make avai lable for use, h o st or operate any amusemen t machine or amusement machine with prize, or any part or parts thereof,
shall be made in such form and manner required by the Authority or as p r escribed b y regu lat i ons, and in grantin g such l i
cence the Authorit y may subject it to such conditio ns as it m a y d e em appropriate or as may be prescribed by regulations. The
Authority may order the cancellation , su spension, or im position of any condition on any such licence in such circumstances as
may be prescribed by regulations or in the said licence.
(5) Any person who contravenes, or in any way aids or abets a person to contravene, the provisions of subarticles (1) and (3),
shall be guilty of an offence against this Act.
Cap. 426.
Placing on the market, etc., of relevant gaming devices, amusement machines and amusement machines with prize. Substituted by:
L.N. 168 of 2008. Amended by:
XXII. 2009.4; XV. 2011.9.
Age prohibition. Amended by: XXII. 2009.5.
Provided that in the case of the offering for sale or the sale of the National Lottery under a National Lottery licence currently
in force at the time of the coming into force of this proviso, the age prohibition shall be sixteen years instead of eighteen years.
(2) It shall be a defence for any such person as is mentioned in subarticle (1) to prove that he had requested and obtained from
the person under the age referred to in subarticle (1), documentary evidence relating to his age, and that such evidence tendered
by the underaged person prima facie showed that he was not under the prescribed age.
Establishment and composition of the Lotteries and Gaming Authority.
PART IV - ESTABLISHMENT AND FUNCTIONS OF THE LOTTERIES AND GAMING AUTHORITY
(2) The Chairman and the other members of the Authority shall be appointed by the Minister for a term, being not more than three
years, as may be specified in the instrument of appointment, but the members so appointed may be re-appointed on the expiry of their
term of office.
(3) The Minister may designate one of the other members of the Authority as Deputy Chairman and the member so designated shal l
have all the powers and perform all the functions of the C hairman during his absen ce or i nab il it y to a ct as c hairman or
while the Chairman is on vacation or during any vacancy in the of fice of cha i rman. The Minis t er may als o , in any of the
circumstances mentioned above in this subarticle, appoint another person to act as cha i rman a n d in s u ch case , the fore going
provisions of this subarticle shall apply in respect of such person.
(4) A person shall not be qualified to be appointed or to hold office as a member of the Authority if he -
(a) is a Minister, Parliamentary Secretary or a member of the House of Representatives;
(b) is a judge or magistrate of the courts of justice;
(c) has a financial or other interest in any enterprise or activity directly involving games or gaming, or in a licensee, which is
likely to affect the discharge of his functions as a member of the Authority;
(d) is an undischarged bankrupt;
(e) has been convicted of an offence punishable by imprisonment for a period of six months or more;
(f) has been found guilty of an offence under this Act or any other Act relating to lotteries or gaming or of an offence against
public trust.
(5) Subject to the provisions of this article, the office of a member of the Authority shall become vacant -
(a) at the expiry of his term of office; or
(b) if he resigns; or
(c) if any circumstances arise that disqualify such member from holding office as a member of the Authority; or
(d) if he is removed from office in terms of this article.
(6) A member of the Authority may be removed from office by the Minister if, in the opinion of the Minister, such member is unfit
t o co nt in u e i n of fi ce o r has be come incapable of properly performing his duties as a member.
(7) If a member resigns or if the office of a member of the Au th orit y is ot herw ise vac ant o r if a m em b er is for an y
reason unable to perform the functions of his office, the Minister m ay appoint a person who is qualified to be appointed as a member,
to be a temporary member of the Authority. Any person so appointed shall, subject to the provisions of subarticles (5) and (6), cease
to be such a member when a person has been appointed to fill the vacancy or, as the case may be, when the member who was unable to
perform the functions of his office resumes those functions.
(8) Any member of the Authority who has any direct or indirect i n terest in any co ntract made or p r opo sed t o be made by the
Authority, not being an interest which disqualifies such member from holding office as a member of the Authority, shall disclose
the nature of his interest at the first meeting of the Authority after the relevant facts have come to his knowledge. Such disclosure
shall then be recorded in the minutes of the Authority, and the member having an interest as aforesaid shall withdraw from any meetings
at which such contract is discusse d. Any such disclosure shall be communicated to the Minister without delay. Where the interest
of the member is such as to disqualify him from holding office as a member of the Authority, he shall report the fact immediately
to the Minister and tender his resignation.
(2) Without prejudice to the provisions of article 58, the legal and juridical representation of the Authority shall vest in the
Chief Executive:
Provided that the Authority may appoint any one or more of its members, officers or employees to appear, sign or otherwise act in
t h e n a m e an d on b e h a lf of th e Au th ori t y i n an y j u d i c i al p r o c eed in gs an d, or i n an y act , co nt
ract, in stru ment o r oth e r document whatsoever:
Provided further that in respect of any matter falling within the functions vested in any Directorate by the Authority, the legal
and judicial representation of the Authority shall also vest in the head of such Directorate and in such member, officer or employee
Legal personality and representation of the Authority.
of the Authority, as the Authority may appoint or authorise for the purpose.
(3) Any document purporting to be an instrument made or issued by the Authority and signed by the Chief Executive, or by
a head of a Directorate in relation to any matter falling within the functions vested in the relative Directorate by the Authority,
shall be received in evidence and shall, until the contrary is proved, be deemed to be an instrument made or issued by the Authority.
Functions of the Authority. Amended by:
L.N. 168 of 2008; XXII. 2009.6;
XV. 2011.10.
(a) to issue a National Lottery licence and licences to operate other games and to supervise the operation of licensees
to ensure that licensees comply with the terms and conditions of their licence and with the provisions of this Act
and of regulations made under this Act and with any applicable directives issued by the Authority in terms of this Act or regulations
made thereunder;
(b) to issue permits to sellers of games forming part of the
National Lottery in terms of article 36;
(c) to inquire into the suitability of licensees and the main suppliers thereof, and to ensure that those involved in the operation,
promotion or sale of authorised games operated by such licensees are fit and proper persons to carry out their functions relative
to such games;
(d) to ensure that licensees publish the rules of the authorised games operated by them in terms of their licence in such
manner as may be deemed appropriate by the Authority;
(e) to use all powers vested in it by this or any other law to ensure that games and gaming are kept free from criminal activity,
and to prevent, detect and ensure the prosecution of any offence against this Act, other than an offence arising under any provision
of Part VIII;
(f) to ensure that authorised games are operated and advertised fairly and in a responsible manner and in accordance with
the law;
(g) to regulate by licence the manufacture, assembly, repair, service, placing on the market, distribution, supply, sale,
lease, transfer, making available for use, hosting and operation of relevant gaming devices, and to ensure that they are secure
and satisfactory for the use for which they are intended;
(h) to supervise, attend and validate the draws of the National Lottery and of such other authorised games as it deems necessary;
(i) to receive and investigate complaints by consumers relating to games;
(j) to advise the Minister on new developments, needs and risks in gaming and to make such proposals as may be
deemed necessary or expedient to respond thereto; (k) to advise the Minister on the making of regulations;
(l) to issue directives it is authorised to issue in terms of this Act or of any other law or of regulations made thereunder;
(m) to perform any other function as may from time to time be assigned to it by this Act or any other law or by regulations made
thereunder;
(n) to enter into bilateral or multilateral agreements or memoranda of understanding with other local or overseas regulatory
authorities, or other government agencies, for various matters including but not limited to exchange of information and other forms
of collaboration.
(2) The Authority shall afford to the Minister facilities for obtaining information with respect to its property and activities and furnish him with returns, accounts and other informa tion with respect thereto, and afford to him facilities for the verification of information furnished, in such manner and at such times as he may reasonably require.
Relations between the Minister and the Authority.
(2) The Authority may exercise its functions through Directorates which may be established by it from time to
time and, for such purpose, it ma y vest in eac h of the Direc t orates so established, and subject to the overall supervision
and control of the Chief Executive, such of its functions as relate or are ancillary to the matters for which the said Directorate
is responsible so as to enable the s aid Direc torate to give effe ct to the po licies of the Authority and to otherwise discharge
effectively and efficiently the functions of the Authority in its respective area of operation.
(3) Each of the Directorates so established shall be headed by a person who shall either be a public officer detailed for duty
with the Authority or an employee of the Authority or a person detailed to work for the Authority in accordance with an agreement
made between the Authority and a public or private undertaking, in either case having adequate experience and knowledge in the area
of operation of the said Directorate.
Conduct of the affairs of the Authority.
(4) The Authority and each of the Directorates may exercise any one or more of their functions either directly or through any of
the Autho r ity ’s officers or em ploy ees or agents or through an agency authorised for the purpose, or through any other person
with whom an agreement for the performance of any one or more of such functions has been entered into:
Provided that nothing in this subarticle shall authorise the Aut hori t y to con t ract ou t any of i t s regul at ory or l i cen
s i n g functions, although the Authority may contract out any other of its function s , or procure fro m any person any services,
fo r the purposes of carrying out its regulatory or licensing functions.
(5) Where in this Act anything is to be done by or against or with respect to the Authority, or any notice is to be or may be given
by or to the Authority, any such thing or notice may also be done by or against or with respect to or be given by or to the Directorate
under whose jurisdiction the matter falls by reason of a delegation of functions to such Directorate by the Autho r ity; and for
th e pur poses af oresai d any refer e n c e i n t h is A c t to th e A u th ori t y includes a reference to the appropriate Directorate.
Appointment of Chief Executive and heads of Directorates.
Provided that the first Chief Executive shall be appointed by the Minister.
(2) The conditions pertaining to the qualification for the appointment of persons and to their holding office as members
of the Authority in article 9 shall also pertain to the appointment of, and to the holding of office as, the Chief Executive and
the heads of the Directorates.
(3) The Chief Executive shall attend such meetings of the Authority as requested by the said Authority, but shall not vote
at such meetings.
(4) The Chief Executive shall be responsible for the implementation of the objectives of the Authority in the exercise
of its fu nct i ons, and with out prejudice to the general ity of th e foregoing he shall -
(a) assume full responsibility for the overall supervision and control of the Directorates;
(b) assign to each Directorate such duties which are by, or in accordance with, the provisions of this Act vested in such Directorate;
(c) co-ordinate the workings of the Directorates;
(d) develop the necessary strategies for the implementation of the objectives of the Authority;
(e) advise the Authority on any matter it may refer to him or on any matter which he considers necessary or expedient; and
(f) perform such other duties as the Authority may assign to him from time to time.
(2) The Chairman and at least two other members of the Authority shall form a quorum. Decisions shall be adopted by a
simple majority of the votes of the members present and voting. The Chairman shall have an initial vo te and in the event of an
equality of votes, a casting vote. Without prejudice to the other requirements of this Act, no decision shall be valid which is not
supported by at least two members of the Authority.
(3) Subject to the provisions of this Act the Authority may regulate its own procedure.
(4) Subject to the foregoing provisions of this article, no act or proceeding of the Authority shall be invalidated merely by reason
of the existence of any vacancy among its members.
(5) All acts done by any person acting in good faith, as a mem ber of the Authority shall be valid as if he were a
member notw ith st andin g t h at som e d e fect i n h i s appo int m ent or qualification be afterwards discovered. No act
or proceeding of the Authority shall be questioned on the ground of the contravention, by a member, of the provisions of article
9(8).
Provisions with respect to proceedings of the Authority.
(2) If without reasonable excuse any requirement imposed by a notice served by virtue of subarticle (1) is not complied with, the licensee shall be guilty of an offence under this Act.
Powers of the
Authority.
(2) Inspectors so appointed shall be officers of the Authority and shall act under the instructions of the Authority, acting through
the Chief Executive.
(3) The Authority shall cause to be issued to each inspector an identity card which shall specify the name and appointment of the
Inspectors.
inspector and contain a recent photograph of the inspector.
(4) A person appointed to be an inspector shall, upon ceasing to be an inspector, return his identity card to the Authority.
Powers of inspectors. Amended by: XXII. 2009.7; XV. 2011.11.
(a) to require, in writing or orally as he deems appropriate, any person whom the inspector believes, on reasonable
grounds, to be in possession or have under his control, any gaming device, amusement machine, amusement machine with
prize, books or any other documents whatsoever related to games, amusement games or amusement games with prize, the
operation of games or amusement games or amusement games with prize or, generally, gaming -
(i) to produce such gaming device, amusement machine, amusement machine with prize, books or other documents to the
inspector for inspection or testing; or
(ii) to attend before the inspector at a reasonable time and place specified by the inspector and there to answer such
questions, or to supply such information, relating to the gaming device, games, amusement machine, amusement
machine with prize, amusement games or amusement games with prize, books or documents as the inspector
specifies;
(b) to require, in writing or orally as he deems appropriate, a licensee or a person acting on behalf of a licensee
or any other person -
(i) to produce to the inspector for inspection such book or document or any other thing in his custody or control relating
to the operation of authorised games as the inspector specifies; or
(ii) to attend before the inspector at a reasonable time and place specified by the inspector and there to answer such
questions, to supply such information, or to produce such book or document or any other thing relating to the
operation of games or amusement games or amusement games with prize as the inspector specifies;
(c) to inspect or test any gaming device or amusement machine or amusement machine with prize, inspect such book, document
or records, and take copies of or
make notes in relation to such book, document or records, relating to the operation of games or amusement games
or amusement games with prize, as the inspector considers necessary;
(d) to direct any licensee or any person whom the inspector reasonably suspects to be in breach of this Act or any
regulations made thereunder, in writing or orally as he deems appropriate, not to use in relation to the operation, promotion
or sale of games or amusement games or amusement games with prize, any gaming device or amusement machine
or amusement machine with prize that the inspector considers to be unsatisfactory for the use for which it is intended
or is not otherwise in conformity with the provisions of this Act or any regulations made thereunder;
(e) to receive and, if the inspector thinks that it is appropriate so to do, investigate a complaint with respect
to any aspect of the operation of a game or an amusement game and to make a report of the result of such investigation to the Authority;
(f) to call to his assistance -
(i) another inspector; or
(ii) an employee of a licensee or any person operating, promoting or selling games or amusement games
or amusement games with prize, who, in the belief of the inspector, is competent to assist the inspector in the exercise
of his powers or in the performance of his duties;
(g) to require any person entering or to be found at any place where a game is offered for sale, or where games are being organised
or operated, or where gaming takes place, to produce identification documents and, or evidence of his age;
(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 a di rectio n given by an inspector to a licensee in terms of paragra ph ( d ) shall be deemed to be a directive issued by the
Authority in terms of this Act for the purposes of this Act.
(2) An inspector shall make a report on the exercise of his functions under this Act to the Authority.
(3) Any person who, without reasonable excuse, hinders, obstructs or otherwise interferes with, or knowingly makes a false
or mi slead in g wr it ten or o r al st at ement o r pr od uces a fal s e document to, an inspector, and any person who fails to
assist an ins p ec tor in th e ex erc i s e of hi s fun c t i on s an d p o we rs a n d th e discharge of his duties, shall be guilty
of an offence under this Act.
(4) The licensee shall bear the cost of any inspection and investigation held by the Authority through its inspectors,
other Authority officers or third parties appointed by the Authority. The A u th orit y sh all hav e th e rig h t to im po
se an y reason able administrative fee or charge in order to cover its costs in terms of this sub-article.
Rights of inspectors. Amended by: XXII. 2009.8.
(a) viewing gaming;
(b) observing any of the operations of licensees, sellers or operators of games or, generally, of gaming;
(c) observing any of the operations of licensees, sellers or operators of amusement games;
(d) ascertaining whether the operation of licensees, sellers or operators of games or amusement games is being properly conducted,
supervised and managed;
(e) ascertaining whether the provisions of this Act, or of regulations made thereunder, or of any licences issued thereunder, are
being complied with; and
(f) in any other respect, exercising his powers or performing his duties.
Professional secrecy. Amended by: XXII. 2009.9; XV. 2011.12. Cap. 377.
PART V - OFFICERS AND EMPLOYEES OF THE AUTHORITY
Staff appointments. 21. Without prejudice to the other provisions of this Act, the
appointment of officers and other employees of the Authority shall be m a de by the sam e Au thor ity. Th e ter m s and cond itio ns of employment shall be established by the Authority.
(2) The period during which a direction as aforesaid shall apply to any officer specified therein shall, unless the officer retires from the public service or otherwise ceases to hold office at an earlier date, or unless a different date is specified in such direction, cease to ha ve ef fect a f te r one year from the ef fective da te of suc h d i recti on unl ess the d i recti on is r e v oked ear lier by the Prime Minister.
Appointment and functions of officers and employees of the Authority.
Detailing of public officers for duty with the Authority.
(2) Without prejudice to the generality of the foregoing, an officer detailed for duty as aforesaid -
(a) shall not during the time in respect of which he is so detailed -
(i) be precluded from applying for a transfer to a department of the Government in accordance with the terms and conditions
of service attached to the appointment under the Government held by him at a date on which he is so detailed for duty; or
(ii) be so employed that his remuneration and conditions of service are less favourable than those which are
attached to the appointment under the Government held by him at the date aforesaid or which would have become attached to such
appointment, during the said period, had such officer not been detailed for duty with the Authority; and
(b) shall be entitled to have his service with the Authority considered as service with the Government for the purposes of
any pension, gratuity or benefit under the Pensions Ordinance and the Widows’ and Orphans’ Pension Act and of any other right or privilege to which he would be entitled, and shall be liable to any
Status of public officers detailed for duty with the Authority.
Cap. 93. Cap. 58.
liability to which he would be liable, but for the fact of his being detailed for duty with the Authority.
(3) Where an application is made as provided in subarticle (2)(a)(i), the same consideration shall be given thereto as if the applicant had not been detailed for service with the Authority.
(4) The Authority shall pay to the Government such co ntribu tion s as may from t ime to ti me b e d e termined
b y th e Minister in respect of the cost of pensions and gratuities earned by an officer detailed for duty with the Authority as
aforesaid during the period in which he is so detailed.
Offer of permanent employment with the Authority to public officers detailed for duty with the Authority.
Cap. 93. Cap. 58.
Operation or concession for the operation of the National Lottery.
(2) The terms and conditions comprised in any offer made as aforesaid shall not be deemed to be less favourable merely because
they are not in all respects iden tical with or superior to those enjoyed by the officer concerned at the date of such offer, if
such terms and conditions, taken as a whole, in the opinion of the Prime Minister offer substantially equivalent or greater benefits.
(3) Every officer who accepts permanent employment with the Auth or ity offered to him un der the provisions of subart icle (1)
shall, for all purposes other than those of the Pensions Ordinance and of the Widows’ and Orphans’ Pension Act, be deemed to have ceased to be in service with the Government and to have entered into service with the Authority on the date of
his acceptance, and for the purposes of the said Ordinance and of the said Act, insofar a s this a p plies in his c a se, se r v
i ce wi th th e A u th or i t y sh al l be deemed to be service with the Government within the meanings thereof respectively.
(4) Every such officer as aforesaid who, immediately before accepting permanent employment with the Authority was entitled to benefit
under the Widows’ and Orphans’ Pensions Act, shall continue to be so entitled to benefit thereunder to all intents as if his
service with the Authority were service with the Government.
(5) The Authority shall pay to the Government such co ntribu tion s as may from t ime to ti me b e d e termined
b y th e Minister in respect of the cost of pensions and gratuities earned by an of ficer who ha s acce pte d permanent employment
with the Authority as aforesaid during the period commencing on the date of such officer ’s acceptance.
PART VI - THE NATIONAL LOTTERY
Provided that the Minister may not operate the National
Lottery at a time while a National Lottery licence is still in force:
Provided further that the Minister may operate the National Lottery for such time during which a National Lottery licence is suspended
in terms of article 35.
(2) Where the National Lottery is operated by the Minister, the Minister shall exercise all such powers as may be necessary or
expedient for the purposes of such operation and the provisions of this Act relating to the National Lottery, other than those relating
to licensing and the National Lottery licence, shall apply and have effe ct with a n y ne ce ssa ry modifi cations or adaptations
as they apply and have effect in relation to the National Lottery as operated by a National Lottery licensee.
(3) Where the Minister decides to concede the operation of the National Lottery to another person, the Authority, and for the first
time after the entry into force of this Part the Minister, may by licence authorise a person to operate the National Lottery. Only
one person may be licensed to operate the National Lottery at any one time. No person, other than the Minister, may operate the National
Lo ttery unl ess su ch p erson is i n p ossessi on of a val id Nati onal Lottery licence.
(4) The functions of the Authority relating to the National Lottery and to the National Lottery licensee under this Act
shall come into effect immediately after the grant of a National Lottery licence by the Minister for the first time after the entry
into force of this Part.
(2) Unless a National Lottery licence is previously cancelled, it may be renewed by the Au thority for on e furt her pe ri od
as the Authority after consultation with the Minister may determine.
(3) The renewal of the licence by the Authority shall be subject to the compliance by the National Lottery licensee, during the
original term of such licence, with the provisions of this Act and of regulations made thereunder applicable to it and with the terms
and conditions of such licence and with any directive issued by the Authority in terms of this Act or of regulations made thereunder
and applicable to such licensee, and subject to the acceptance by the Authority of the written application for such renewal made
by the licensee to the Authority -
(a) by such date before the expiry of the original term of the licence as specified in the licence; and
(b) containing such information as specified in the licence to be necessary or expedient to enable the Authority to determine whether
to renew the said licence.
Duration of National Lottery licence.
(4) After the submission of an application for the renewal of a National Lottery licence, the Authority may require the applicant to provide such other information, i n addit i on to that provided together with the application, as may be deemed necessary for the purpose of determining the said application.
Application for the National Lottery licence.
(2) In the case of an application for the grant of a National Lottery licence to a company which is not yet registered in Malta,
the applica tion shall be accompanied by an undertaking by the applicant to register a company in Malta as provided in subarticle
(1) as soon as information is imparted by the Authority, and for the first time after the entry into force of this Part by the Minister,
that the licence will be granted to such company when formed.
(3) After the submission of an application for the granting of a National Lottery licence, the Authority, and for the first time
after t h e ent r y int o force of th is Part the Mini st er, m a y requ ire the applicant to provide such other information, in
additi on to that provided together with t h e application, as m a y b e deemed necessary for the purpose of determining the said
application.
Grant of National lottery licence.
(a) all persons holding or owning a qualifying shareholding in the company are fit and proper to benefit
from the operation by the company of the National Lottery and to exercise their rights of membership in such
manner as to ensure the proper operation by the company of the National Lottery;
(b) the director or directors of the company are fit and
proper to manage the affairs of the company and to exercise their functions and duties as directors in such manner as to ensure
the proper operation by the company of the National Lottery;
(c) all persons who appear to the Authority to be likely to manage the business or any part of the business of the operation of the
National Lottery are fit and proper persons to do so;
(d) the company has, or will have upon the issue of the licence, the financial and technical means and the expertise necessary
to properly operate the National Lottery and to fulfil all its obligations under this Act;
(e) the company will take out, within seven days from the date of issue of the licence, and will thereafter maintain,
the bank guarantee referred to in article
31(5) as provided and in accordance with the said article 31(5) and (6); and
(f) the company is a fit and proper person to be the holder of the National Lottery licence and to operate the National Lottery,
and will comply in all respects with the provisions of this Act and of any regulations made thereunder and applicable to it and
with the terms and conditions of the licence and with directives issued by the Authority in terms of this Act or of regulations
made thereunder and applicable to it.
(2) When the Authority, and for the first time after the entry into force of this Part the Minister, makes a preliminary decision
to issue a National Lottery licence to a particular company registered in Malta, the Authority or, as the case may be, the Minister
shall, before the issue of such licence, cause a notice to be published in the Gazette of the intended issue of the said licence,
thereby calling upon any interested party to make representations, if any, objecting to the issue of the licence to such company.
(3) Such objection as is mentioned in subarticle (2) shall be in writing and shall contain a reasoned justification therefor, and
is to be received by the Authority or the Minister, as the case may be, within twenty-one da ys from the date of the public ation
of the notice in the Gazette.
(4) The Authority or the Minister, as the case may be, shall consider any objection made and received by it as aforesaid before
making any final decision as to the issue of the licence.
(5) The grant of a National Lottery licence shall not exonerate th e licensee from obtaining any o t her licence, p e rmit or
authorization which may be required under any other law.
30. The National Lottery licence shall be in such form as may be approved by the Authority, and for the first time after the entry into
force of this Part by the Minister, and shall inter alia specify:
(a) its date of issue; (b) its effective term;
Form of the National Lottery licence.
(c) the name, registered office and registration number of the licensee;
(d) the address in Malta specified by the licensee for the purpose of the service of documents on it;
(e) the name and address of the qualifying shareholders, directors and managers of the licensee;
(f) the type and particulars of games that can be operated under the licence;
(g) such matters relating to the gaming devices allowed to be used under the licence as the Authority considers necessary or expedient
to specify;
(h) the minimum number, specifications and type of places from where games that can be operated under the licence may be
offered for sale, and the minimum number of opening hours of such places;
(i) such other particulars as the Authority, and for the first time after the entry into force of this Part the Minister, considers
necessary or expedient, or as may be prescribed in regulations.
The National Lottery licence need not specify any of the matters listed in paragraphs (f) or (h) when and to the extent that such matters are already specified in regulations made under this Act.
National Lottery licence conditions and variations and revocations thereof.
Provided that the Authority may not vary any condition or impose any new condition in the National Lottery licence without the consent
of the licensee if the licence provides that any such condition may only be varied, or that any such new condition may only be imposed,
with the consent of the licensee:
Provided further that, without prejudice to the immediately preceding proviso, whenever the Authority deems it appropriate to vary
any condition or impose any new condition in the National Lottery licence, the Authori t y shall, unless such variat ion or imposition
of a new condition has been requested by the licensee himself, inform the licensee, by notice in writing, of its intention to vary
the said condition or impose the said new condition, and call upon the said licensee to show cause, within such period as it may
establish in the notice and which shall not be less than twenty-one days after the issue of the said notice, why such condition should
not be varied or imposed, and it shall be the duty of the Authority to consider any response made by the licensee before varying
the condition or imposing the new condition.
(2) Conditions in a National Lottery licence may impose such requirements as may be deemed to be necessary to be complied
with by the licensee after the licence has ceased to have effect.
(3) A National Lottery licence may impose conditions requiring the licensee -
(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.
(4) A National Lottery licence shall include a condition requiring the licensee to pay to the Authority, at such
times as may be determined by or under the licence, such sums out of the proceeds of sale of any games forming part of the National
Lottery and, o r an y o ther sum s, fees, d uti es and, o r taxes as may be so d e t e rmi n ed, wh ich sums, fees, dut ies and ,
or taxes sh al l be i n addi ti on to t hose wh ich th e N a ti onal Lo ttery li censee may b e required to pay under any law other
than this Act.
(5) A National Lottery licence shall include a condition requiring the licensee to take out, not later than seven
days from the date of issue of the licence, a bank guarantee issued by a bank or credit or financial institution acceptable to the
Authority, in favour o f th e Aut hori t y an d o n it s own behalf an d o n b e h a lf of the Government, in such amount as may
be specified in the licence or as may be prescribed by regulations, for securing -
(a) the payment and distribution of prizes by the licensee to winners of games forming part of the National Lottery;
(b) the payment of fees, taxes, duties or any other sums payable by the licensee to the Authority in terms of the licence; and
(c) the payment by the licensee of any fines or administrative penalties imposed on it under Part XII or under regulations
made under this Act.
(6) Such bank guarantee as mentioned in subarticle (5) shall become payable to the Authority on its first demand and it shall not
be incumbent upon the relative bank, credit or financial institution which issued the bank guarantee to verify whether such demand
is justified. The bank guarantee shall remain valid until the expiry of one year after the expiry of the licence, and shall be subject
to such other terms and conditions as may be specified in the licence or as may be prescribed by regulations.
(7) A National Lottery licence shall also include a condition requiring the licensee to submit to the Authority and, or publish,
in such manner and at such times as may be specified in the licence, the audited accounts of the li ce nsee and suc h other accounts,
reports, returns and statements as may be specified in the licence.
(8) A National Lottery licence shall be deemed to include a condition that the licensee shall at all times during the period of
operation of the licence have as its sole object the operation of the National Lottery pursuant to a National Lottery licence under
this
A c t an d th e do in g of a l l su ch o t her things as are incidental or conducive to the attainment of such object and the carrying
out of other activities as may be authorised in the licence by the Authority and, for the first time after the entry into force of
this Part, by the Minister.
Changes in ownership or management of the licensee, etc.
(a) any change in the Board of Directors or management of the licensee, or any material changes in the information
and documentation provided in terms of article 28(1) and (3) or any other information or documentation provided by the
licensee in terms of any other provision of this Act or of regulations made thereunder or in terms of conditions attached to
the National Lottery licence; and
(b) any resolution or intended resolution, or any application or intended application to the Court, or any other
action, for the dissolution and winding up of the National Lottery licensee,
as s o o n as th ey b e co me a w a r e of s u c h c h a n g e s , re s o lut i o n s or i n tended resolu tions, appl ication s or
intend ed appl ication s or actions.
(2) Where owing to a change as is referred to in subarticle (1)(a), whether the Authority has been notified of such change in accordance with the said subarticle or not, a situation arises that had
it existed at the time of the application for the grant of the National Lottery licence, it would have disqualified the licensee
from ob tain ing a li cence in acco rdan ce wit h articl e 2 9 (1), th e Authority shall by notice inform the licensee accordingly,
and if the situation shall not have been remedied to the satisfaction of the Authority within one calendar month from the notice
given to that effect by the Auth orit y, th e Aut hori t y shall cancel th e licence without complying with the provisions of article
35(1) to (3) and the provisions of article 35(4) and (5) shall mutatis mutandis apply in such circumstances:
Provided that the Authority shall not issue a notice as aforesaid later than three calendar months after being notified by
the licensee or its qualifying shareholders or directors of the change in accordance with subarticle (1).
(3) In the circumstances mentioned in subarticle (1)(b), whether the Authority has been notified of such circumstances in accordance with the said subarticle or not, the Authority may
issue such directives to the National Lottery licensee, its qualifying shareholders and, or its directors as it may deem appropriate
in such circumstances.
(4) Failure by the licensee or the qualifying shareholders or directors thereof to comply with the provisions of subarticle (1),
or with any directive issued to them by the Authority in term s of
subarticle (3), shall constitute an offence against this Act.
(5) Notwithstanding anything contained in any other law, the approval in writing of the Authority shall be required before any
person may lawfully -
(a) acquire a qualifying shareholding in the National
Lottery licensee;
(b) increase an existing holding which is not a qualifying shareholding so as to cause it to become a qualifying shareholding in
such licensee;
(c) increase an existing qualifying shareholding in such licensee so as to cause it to equal or exceed ten per centum or twenty per centum or thirty per centum or forty per centum or fifty per centum of the share capital issued by the licensee or of the voting rights attaching to such share capital, or to cause the licensee to
become that person’s subsidiary;
(d) reduce an existing qualifying shareholding in such licensee so as to cause it to fall below fifty per centum or forty per centum or thirty per centum or twenty per centum or ten per centum of the share capital issued by the licensee or of the voting rights attaching to such share capital, or to cause the licensee to
cease to be that person’s subsidiary;
(e) reduce an existing qualifying shareholding in such licensee so as to cause it to cease to be a qualifying shareholding;
or
(f) divest itself of a qualifying shareholding in such licensee.
(6) The Minister may by order in the Gazette or by regulations vary o r re mo ve an y of th e p ercen tag es me nt io ned i n su
barti cl e (5)(c) and (d).
(7) Subarticle (5) shall apply whether or not any of the relevant shares are shares listed on any Stock Exchange.
(8) It shall be the duty of the National Lottery licensee and of t h e direct ors thereof to not ify t h e Auth ority forth w ith
upo n becoming aware that any person intends to take any of the actions set out in subarticle (5), and they shall refrain from registering
the relevant action according to law or from taking any other action in respect thereof pending instructions from the Authority.
Failure by the National Lottery licensee and the directors thereof to comply with the provisions of this subarticle shall constitute
an offence against this Act.
(9) Notwithstanding anything contained in any other law, the approval in writing of the Authority shall be required before the
National Lottery licensee may lawfully -
(a) sell or dispose of its business in whole or in part; (b) merge with any other company;
(c) undergo any reconstruction, division or any conversion
of its status from a company into any other kind of commercial partnership; or
(d) increase or reduce its nominal or issued share capital or effect any material change in voting rights.
(10) It shall be the duty of the directors and qualifying sharehol ders o f t h e N a tion a l Lot t ery li cen
s ee to noti f y the Authority forthwith upon becoming aware that the licensee intends to take any of the actions set out in subarticle
(9), and in default they shall be guilty of an offence against this Act.
(11) Any person intending to take any of the actions set out in subarticle (5) and the National Lottery licensee who intends to take
any of the actions set out in subarticle (9) shall notify the Authority in writing in such form and manner, and such notification
shall be accompanied with such informat ion, as may be required by the Authority.
(12) Within two months of receipt of such notification or receipt of such information as the Authority may require, whichever be
the later, the Authority shall issue a notice -
(a) granting unconditional approval to the taking of the action;
(b) granting approval to the taking of the action subject to such terms and conditions as the Authority may deem appropriate; or
(c) refusing approval to the taking of the action, informing the person concerned or, as the case may be, the National
Lottery licensee of the reasons of the refusal,
and if the Authority fails to issue any such notice within the said period of two months, it shall be deemed that the Authority has
issued a notice in terms of paragraph (a).
(13) If any person or the National lottery licensee takes any action set out in subarticles (5) and (9) without obtaining
the prior approval of the Authority in terms of this article, or takes any such action without complying with any term and condition
specified by t h e A u t h o r it y in gr an ti ng su ch a p p r o v a l in ter m s of su b a rt i c le (12)( b ) , he shall be guilty of an of f e n c e against this Act. Furthermore, if any person or the National Lottery licensee takes or intends
to take any of the said actions without obtaining the said approval or without complying with the said terms and conditions, then,
without prejudice to the power of the Authority to suspend or revoke the National Lottery licence in terms of article 35, where applicable,
and without prejudice to any other penalty which may be imposed under this Act, the Authority shall have the power -
(a) to issue a directive declaring the action to be void and of no effect, which directive shall be effective against all persons
involved in such action notwithstanding the provisions of any other law; or
(b) to issue a directive to such person or, as the case may be, to the National Lottery licensee -
(i) restraining the person or the said licensee from
taking the action;
(ii) requiring the person or the said licensee to take such steps or other action as may be necessary to restore the position existing
immediately before the action was taken, within such period as may be specified by the Authority in the directive;
(iii) restraining the person or the said licensee from exercising any rights resulting from the action, including the right to
receive payments; or
(iv) restraining the person or the said licensee from taking any similar action or any action within the categories set out in
subarticles (5) and (9),
and such person or, as the case may be, the National Lottery licensee shall comply with any such directive issued to it by the Authority
in terms of this paragraph (b), failing which it shall be guilty of an offence against this Act.
(2) The National Lottery licensee may not surrender the
National Lottery licence during the licence term.
(3) The transfer or assignment of the National Lottery licence by the licensee to any other person shall be considered null and
void.
(4) A National Lottery licensee who acts in breach of the provisions of this article shall be guilty of an offence against
this Act.
Licensee may not assign or transfer the licence.
(a) any qualifying shareholder or director or manager of the licensee is convicted of an offence against this Act or of theft,
receiving stolen property, fraud or any crime affecting public trust, or is in breach of any directive issued by the
Authority in terms of this Act or regulations made thereunder and applicable to it;
(b) the licensee contravenes any provision of this Act or of any regulations made thereunder applicable to it, or is in breach of
any condition in the National Lottery licence or any directive issued by the Authority in terms of this Act or regulations
made thereunder and applicable to it;
(c) the licensee knowingly or recklessly supplies to the Authority material information that is false or misleading;
(d) the licensee fails to fulfil the licensee’s 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 article 31(5)
and (6);
Grounds for the cancellation or suspension of the National Lottery licence.
(f) the licensee is being wound up; or
(g) the Authority is reasonably satisfied that any person holding or owning a qualifying shareholding in the licensee is not,
or has ceased to be, a fit and proper person to benefit from the operation of the National Lottery by the licensee or to
exercise his rights of membership in such manner as to ensure the proper operation of the National Lottery by the licensee;
(h) the Authority is reasonably satisfied that any director of the licensee is not, or has ceased to be, a fit and proper person
to manage the affairs of the licensee and to exercise his functions and duties as director in such manner as to ensure the proper
operation of the National Lottery by the licensee;
(i) the Authority is reasonably satisfied that any person who is managing the business or any part of the business of
the operation of the National Lottery is not, or has ceased to be, a fit and proper persons to do so;
(j) the Authority is reasonably satisfied that the licensee is not, or has ceased to be, a fit and proper person to be the holder
of the National Lottery licence and to operate the National Lottery, or it reasonably deems it necessary in the national
interest to cancel or suspend the National Lottery licence.
Procedures for the cancellation or suspension of the National Lottery licence.
(2) The Authority shall consider any response made under subarticle (1) and -
(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 no further action is warranted,
it shall caution the licensee in writing; or
(c) where the matter is not resolved to its satisfaction, and it considers 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 for such period as it thinks fit, or cancel, the licence.
(3) Where a direction given by the Authority under subarticle
(2)(c)(i) is not complied with within the time limit specified in the
notice, the Authority shall cancel the licence.
(4) The Authority shall immediately inform the Minister about the existenc e of a ground for ca n cel la ti on or susp ension of
the National Lottery licence and keep him continuously informed of all measures being adopted in that regard.
(5) The Authority shall also immediately inform the Minister about its decision to suspend or cancel the licence and shall take
all reasonable measures which are necessary or expedient to guarantee the uninterrupted operation of the National Lottery.
(2) Application for such permit shall be made to the Authority by the proposed seller in such form and manner, and shall contain
o r be accomp a n i ed wi th su ch inf o rmation , do cument s an d particulars, including evidence of the authority or appointment
of the applicant given or made by the National Lottery licensee to sell games forming part of the National Lottery, as the Authority
may require or as may be prescribed by regulations.
(3) The Authority shall not issue any such permit unless it is satisfied that the applicant is a fit and proper person to sell
games forming part of the National Lottery and that he satisfies any other requirement and has any other qualifications as may be
prescribed by regulations.
(4) In granting any such permit the Authority may subject the permit to such conditions as the Authority may deem appropriate,
and after the grant of such permit the Authority may from time to tim e v a ry or revok e any con d it ion so im posed or i m p o
se new conditions:
Provided that whenever the Authority deems it appropriate to vary any condition or impose any new condition in any such permit, the
Authority shall, unless such variation or imposition of a new condition has been requested by the permit holder himself, by notice
in writing inform the permit holder and the National Lottery licensee of its intention to vary the said condition or to impose the
said ne w c ond it io n, c a ll ing u p o n th e sai d per m i t ho ld er and li censee to show cause, within such period being
no t less than seven days after the issue of the notice as may be specified in the same notice, why such condition should not be
varied or such new condition should not be imposed, and the Authority shall consider any response made by the permit holder and the
licensee within the period sp ecified in the notice, b e for e var y in g t h e con d it ion or before imposing the new condition.
(5) Without prejudice to the provisions of subarticle (6), any such permit sha l l c ease to ha ve effect up on th e revo cat
i o n o r termination of the authority or appointment of the permit holder gi ve n or ma de b y th e Nat i o n a l Lo tt ery l i
ce nsee t o sel l g a m e s forming part of the National Lottery or in the event that a National Lottery licence ceases to have effect
for any reason whatsoever and the holder of any new National Lottery licence issued in terms of
Permit for person to sell games forming part of the National Lottery.
this Part does not authorise or appoint the permit holder to sell games forming part of the National Lottery.
(6) The Authority may order the cancellation or the suspension of such permit -
(i) if the permit holder contravenes any provision of this Act or any regulations made thereunder applicable to it, or is
in breach of any condition in the permit;
(ii) if the Authority is reasonably satisfied that the permit holder is not or has ceased to be a fit and proper person to sell
games forming part of the National Lottery;
(iii) in any other circumstance prescribed by regulations made under this Act.
(7) (a) Where a ground for cancellation or suspension of the permit arises under subarticle (6), the Authority, by notice in writing,
shall request the permit holder and the National Lottery li censee, and may request an y other person who in its opinion has an
interest in the permit, to show cause, within such period as may be established in the same notice being not less than twenty-one
days after the issue of the notice, why the permit should not be cancelled or suspended on such ground as stated in the notice.
(b) The Authority shall consider any response made by the permit holde r, the National Lottery licensee or any other person as aforesaid
within the period specified in the notice, and -
(i) where the matter is resolved to its satisfaction, it shall take no further action and shall inform the permit holder in writing
accordingly;
(ii) where, although the matter is not resolved to its satisfaction, it considers that no further action is warranted, it shall
caution the permit holder in writing; or
(iii) where the matter is not resolved to its satisfaction, and it considers that further action is warranted,
it may -
(1) by notice in writing, give such direction to the permit holder as it considers appropriate; or
(2) suspend for such period as it thinks fit, or cancel, the permit.
(c) Where a direction given by the Authority under paragraph (b)(iii)(1) is not complied with within the time limit specified in the notice, the Authority shall cancel the permit.
(8) A permit referred to in subarticle (1) shall be considered null and void if the holder of such permit assigns or transfers
the permit to any other person.
(9) Any person who sells games forming part of the National Lottery in contr avention of suba rticle (1) shall be guilty of an
offence under this Act.
PART VII - OTHER GAMES
(2) No person may operate a non-profit game unless such person is in possession of a valid non-profit game licence. Any person who acts in breach of the provisions of this subarticle shall be guilty of an offence against this Act.
Requirement of a non-profit game licence.
(2) Without prejudice to the provisions of item 5(4) of the S e co nd Sch e du le, no p e rson m a y op er ate co mmerci
a l to mbo l a games in a tombola (bingo) hall unless such person is in possession of a valid tombola (bingo) hall licence. Any
person who acts in breach of the provisi ons of this su barticle sh all be guilty of an offence against this Act.
39.† If the tombola (bingo) hall forms part of a casino complex, where casino gaming is allowed to be operated in terms of a casino licence
grante d in ter m s of t h e Gamin g Act , th e age l imi t an d prohibitions as laid down in article 26 of the Gaming Act, shall apply. Failure by either a casino licensee
or a tombola (bingo) hall li censee to comply with this ar ticle shall cons titute an offence against this Act.
(2) No person may operate a commercial communication game unless such person i s i n possession of a v a l i d com m erci al communication
game licence. Any person who acts in breach of the provisions of this subarticle shall be guilty of an offence against this Act.
(3) Whenever a person, in agreement with the National Lottery licensee, utilizes tickets or other means of participation in a game
or games forming part of the National Lottery as the prizes which can be won in a commercial communicatio n game, such commercial
commun i cat i on game sh al l b e exempt from the requirement of a commercial communication game licence under this article.
Requirement of a tombola (bingo) hall licence.
Age limit in a tombola (bingo) hall.
Cap. 400.
Requirement of a commercial communication game licence.
*This article is not yet in force.
†This article is not yet in force.
Requirement of a broadcasting media game licence.
(2) No person may operate a broadcasting media game unless such person is in possession of a valid broadcasting media game licence. Any person who acts in breach of the provisions of this subarticle shall be guilty of an offence against this Act.
Requirement of a
VLT licence.
Requirement of a racecourse betting licence.
Approval of racecourses.
42. (Repealed by Act XXII. 2009.10.).
(a) racecourse bets on horse races and, or dog races conducted on an approved racecourse or approved racecourses at
approved meetings; and, or
(b) sweepstakes in connection with horse races conducted on an approved racecourse or approved racecourses at approved meetings,
in terms of the provisions of the Sixth Schedule.
(2) No person may operate racecourse bets or sweepstakes unless such person is in possession of a valid racecourse betting
licence. Any person who acts in breach of the provisions of this subarticle shall be guilty of an offence against this Act.
PART VIII - APPROVAL OF RACECOURSES AND RACING CLUBS AND APPOINTMENT OF RACECOURSE CONTROL BOARDS
44.† (1) (a) The Minister responsible for sport may grant a certificate of approval in respect of any racecourse and any ground adjacent
thereto for the purpose of conducting therein horse races and, or dog races and activities ancillary to such races.
(b) The said Minister may grant such certificate of approval in respect of any racec ourse and a n y ground adjacent thereto
which is owned by the Government of Malta, in which case the following provisions of this article 44 shall apply to the said Go
vernment on ly to such ext e n t as t h e said Minister may, on the advice of the Cabinet, determine in the certificate of approval.
(2) An application for a certificate of approval referred to in subarticle (1) shall be made by the owner of the racecourse and
any ground adjacent thereto which are the subject of the application, in such form and m anner required by the Minister responsible
for sport or as prescribed by regulations made by the said Minister u n d e r artic le 78(6 ) , a nd shal l fu rt herm ore
c ont ai n o r be accompanied by such information, documents and particulars as the
*This article is not yet in force.
†This article is not yet in force
said Minister may require or as may be prescribed by regulations made by the said Minister under article 78(6).
(3) The Minister responsible for sport shall not grant any such certificate of approval unless he is satisfied that the applicant
and, or the racecourse and any ground adjacent thereto which are the subject of the application, satisfy or meet, and will after
the grant of the certificate continue to satisfy or meet, such requirements, specifications and c riteria as may be prescrib ed b
y reg ul ati on s made by the said Minister under article 78(6), and unless the said Minister is satisfied that the applicant will
comply in all respects with the provisions of this Part and of any regulations made under article 78(6) and applicable to it and
with the terms and conditions of the certificate of approval.
(4) In granting such certificate of approval, the Minister responsible for sport may subject it to such conditions as he
may deem appropriate or as may be prescribed by regulations made by him under article 78(6), and after the grant of such certificate
the said Minister may from time to time vary or revoke any condition so imposed or impose new conditions:
Provided that whenever the Minister responsible for sport deem s it appr opriate t o vary any conditio n or impo se any n ew condit
ion in an y such certificate of app roval , t he said Minister shall, unless such variation or imposition of a new condition has
been requested by the holder of the certificate himself, by notice in wr it ing inform su ch hold e r of his intention to vary the
said condition or to impose the said new condition, calling upon such holder to show cause, within such period being not less than
seven days after the issue of the notice as may be specified in the same n o tice, why such conditio n sh ould no t be varied or
such new con d ition should not be im posed, and the said Minist er shall consider any response made by the holder of the certificate
within the period specified in the notice, before varying the condition or before imposing the new condition.
(5) The Minister responsible for sport may revoke a certificate of approval referred to in subarticle (1) -
(i) if the holder of such certificate contravenes any provision of this Part and of any regulations made under article 78(6)
and applicable to it, or is in breach of any condition in the certificate;
(ii) if the said Minister is reasonably satisfied that the holder of the certificate of approval and, or the racecourse and any
ground adjacent thereto to which the certificate relates, no longer satisfy or meet the requirements, specifications and
criteria referred to in subarticle (3), or if the said Minister reasonably deems it necessary in the national interest or
in the interest of the horse and, or dog breed to revoke the certificate of approval; and
(iii) in any other circumstance prescribed by regulations made by the said Minister under
article 78(6).
(6) Before revoking a certificate of approval referred to in subarticle (1) on any of the grounds referred to in subarticle
(5), the Minister responsible for sport shall, by notice in writing, request the holder of the certificate to show cause, within
such period as may be established in the same notice being not less than twenty- one days after the issue of the notice, why the
certificate should not be revoked on such ground as stated in the notice, and the said Minister shall consider any response made
by such holder within the period specified in the notice before revoking the certificate.
(7) The holder of a certificate of approval referred to in subarticle (1) shall forthwith inform the Minister responsible
for spo r t up on becom i ng aware of any material changes in the information, documents and particulars provided by such holder
in terms of subarticle (2) or in terms of any other provision of this Part or of regulations made under article 78(6), and in default
he shall be guilty of an offence against this Part.
(8) The holder of a certificate of approval referred to in subarticle (1) may not assign or transfer to any person the
said certi ficate, or the ownership of t h e whole or any part of the racecourse and any ground adjacent thereto to which the certificate
rel a t e s, withou t the prior approval in writi ng of the Minister responsible for sport, and if such approval is given, such holder
may then take any of the aforesaid actions subject to such terms and conditions as may be specified by the said Minister in its approval.
A certificate of ap prova l referr ed to in s ubarticle (1) shall be considered null and void if the holder thereof takes any of
th e aforesaid actions without the pr io r app r ova l in wri tin g of t h e Minister respo n sibl e for sport, or in breach of any
t e rms and conditions specified by the said Minister in any such approval. The holder of the said certificate of approval shall
not be required to seek and obtain the prior approval of the Minister responsible for sport before transferring the ownership of
the whole or any part of the rac ecourse and any ground adjacent the r e t o to which the certi f icate relates if, before e f fe
ct ing a ny su ch tr an sf er, h e surrenders the said certi ficate of ap proval. The holder of such certificate of approval who
acts in breach of the provisions of this subarticle shall be guilty of an offence against this Part.
(9) The grant of a certificate of approval referred to in subarticle (1) shall not exonerate the holder of such certificate
from obtaining any other licence, permit or authorization which may be required under any other law.
(10) The owner of any place which is not an approved racecourse and who uses or knowingly permit s the use of such
place for the purpose of conducting therein horse races and, or dog races and, or activities ancillary to such races shall be guilty
of an offence against this Part.
(11) Any person who organises or conducts, or who in any way p art ici pat es i n th e o rg ani sati on or c ond uct o f, or w ho
act s as a judge, steward, runner or in any other way participates in, horse races or dog races in any place which is not an approved
racecourse
shall be guilty of an offence against this Part.
Provided that where the racing club is an individual who owns an approved racecourse in accordance with the definition of "racing
club" in article 2(1), the Minister may only gr ant such certificate of appro v al to such in divid u al for t h e purpose
of organising and conducting horse races and, or dog races only on the said approved racecourse owned by such individual.
(2) An application for a certificate of approval referred to in subarticle (1) shall be made by the racing club concerned, in such
form and manner required by the Minister responsible for sport or as prescribed by regulations made by the said Minister under article
78(6), and shall furthermore contain or be accompanied by such information, documents and particulars as the said Minister may
require or as may be prescribed by regulations made by the said
Minister under article 78(6).
(3) The Minister responsible for sport shall not grant any such certificate of approval unles s he is satisfied that the applicant
satisfies or meets, and will after the grant of the certificate continue to satisfy or meet, such requirem e nts and criteria as
m a y be prescribed by regulations made by the said Minister under article
78(6), and unless the said Minister is satisfied that the applicant will comply in all respects with the provisions of this Part and
of any regulations made under article 78(6) and applicable to it, with the terms and conditions of the certificate of approval and
with any rules and regulations made by any Racecourse Control Board in t e rms of this Part or regul at i ons made u nder article
7 8 (6) an d applicable to it.
(4) In granting such certificate of approval, the Minister responsible for sport may subject it to such conditions as he
may deem appropriate or as may be prescribed by regulations made by him under article 78(6), and after the grant of such certificate
the said Minister may from time to time vary or revoke any condition so imposed or impose new conditions:
Provided that whenever the Minister responsible for sport deem s it appr opriate t o vary any conditio n or impo se any n ew condit
ion in an y such certificate of app roval , t he said Minister shall, unless such variation or imposition of a new condition has
been requested by the holder of the certificate himself, by notice in wr it ing inform su ch hold e r of his intention to vary the
said condition or to impose the said new condition, calling upon the holder to show cause, within such period being not less than
seven days after the issue of the notice as may be specified in the same n o tice, why such conditio n sh ould no t be varied or
such new con d ition should not be im posed, and the said Minist er shall consider any response made by the holder of the certificate
within
Approval of racing clubs.
the period specified in the notice, before varying the condition or before imposing the new condition.
(5) The Minister responsible for sport may revoke a certificate of approval referred to in subarticle (1) -
(i) if the holder of such certificate contravenes any provision of this Part and of any regulations made under article 78(6)
and applicable to it, or is in breach of any condition in the certificate or of any rules and regulations made by any
Racecourse Control Board in terms of this Part or regulations made under article 78(6) and applicable to it;
(ii) if the said Minister is reasonably satisfied that the holder of the certificate of approval no longer satisfies or
meets the requirements and criteria referred to in subarticle (3), or if the said Minister reasonably deems it necessary in
the national interest or in the interest of the horse and, or dog breed to revoke the certificate of approval; and
(iii) in any other circumstance prescribed by regulations made by the said Minister under article 78(6).
(6) Before revoking a certificate of approval referred to in subarticle (1) on any of the grounds referred to in subarticle
(5), the Minister responsible for sport shall, by notice in writing, request the holder of the certificate to show cause, within
such period as may be established in the same notice being not less than twenty- one days after the issue of the notice, why the
certificate should not be revoked on such ground as stated in the notice, and the said Minister shall consider any response made
by such holder within the period specified in the notice before revoking the certificate.
(7) The holder of a certificate of approval referred to in subarticle (1) shall forthwith inform the Minister responsible
for spo r t up on becom i ng aware of any material changes in the information, documents and particulars provided by such holder
in terms of subarticle (2) or in terms of any other provision of this Part or of regulations made under article 78(6), and in default
he shall be guilty of an offence against this Part.
(8) The holder of a certificate of approval referred to in subarticle (1) may not assign or transfer the said certificate
to any person without the prior approv al in wri ting of the Minister responsible for sport, and if such approval is given, such
holder may then assign or transfer such certificate subject to such terms an d cond iti ons as may b e sp ecifi e d by the said Min
i ster in its approval. A certificate of approval referred to in subarticle (1) shall be co nsi d er ed null and voi d if t h e hold
e r t h ereof tran sfers or assigns the same to any person without the prior approval in writing of the Minister responsible for
sport, or in breach of any terms and conditions specified by the said Minister in any such approval. The holder of such certificate
of approval who acts in breach of the
provisions of this subarticle shall be guilty of an offence against this Part.
(9) The grant of a certificate of approval referred to in subarticle (1) shall not exonerate the holder of such certificate
from obtaining any other licence, permit or authorization which may be required under any other law.
(10) Any person who is not an approved racing club and who organises or conducts any horse race or dog race shall be guilty of an
offence against this Part.
(11) The owner of any place who knowingly permits the use of such place for the purpose of the organisation or conduct therein of
any horse race and, or dog race by a person who is not an approved racing club shall be guilty of an offence against this Part.
(2) The functions of a Racecourse Control Board shall be -
(a) to supervise the conduct of horse races and dog races on the approved racecourse in respect of which such Board has been appointed
to ensure that such races are conducted fairly and properly and in accordance with the provisions of this Part and of regulations
made by the Minister responsible for sport under article 78(6) and in accordance with rules and regulations made by such Board itself
in terms of this Part or regulations made under article 78(6);
(b) to approve the holding of meetings at which horse races and, or dog races, other than trial races, are to be conducted
on the approved racecourse in respect of which such Board has been appointed;
(c) to advise the Minister responsible for sport on new developments in, and any matter relating to, horseracing
and dog racing and the conduct thereof and racecourses;
(d) to perform any other function as may from time to time be assigned to it by this Part or regulations made under article 78(6).
(3) Subject to any relevant regulations made by the Minister respon sible for sport under artic le 78(6), a Racecourse Control
Board may appoint judges and stewards in respect of horse races and dog races taking place on the approved racecourse in respect
of wh ic h such Board has been appointed and may make rules and regulations relating to -
(a) the conduct of horse races and dog races on the approved racecourse in respect of which such Board has been appointed;
Appointment of Racecourse Control Boards.
(b) the payments to be made by the approved racing club or approved racing clubs organising and conducting horse races and,
or dog races on the approved racecourse in respect of which such Board has been appointed to -
(i) the judges and stewards appointed by the Board as provided in this subarticle; and
(ii) the Board itself in respect of the performance of its functions;
(c) such other matters as may be prescribed by regulations made by the Minister responsible for sport under article 78(6).
(4) A Racecourse Control Board shall also have such other powers as may be prescribed by regulations made by the Minister
responsible for sport under article 78(6).
Restriction on credit.
PART IX - PROVISION OF MONEY FOR GAMING
(2) It shall likewise not be lawful, and shall constitute an offence against this Act, for the holder of a permit granted under regulations made under article 78(3) or any person acting on his beh al f o r un der any arran gement with him to make any loan or otherwise provide or allow any credit to any person for enabling such person to participate in games operated in terms of the said permit.
Applicability of the
Civil Code.
Cap. 16.
Payment of stakes and prizes.
48. Article 1716 of the Civil Code shall not apply with respect to an authorised game and to a game operated in terms of a permit granted under regulations made under article 78(3).
(a) accept payment of a stake in respect of an authorised game or, as the case may be, in respect of a game operated in
terms of the said permit -
(i) in cash; or
(ii) except where he has reasonable cause to believe that such means of payment will not be honoured upon presentation or claim
therefor, by cheque,
of payment, whether documentary or electronic;
and
(b) effect payment of any monetary prize won in an authorised game or, as the case may be, in a game operated in
terms of the said permit, by any of the means of payment referred to in subarticle (1)(a)(i).
(2) The acceptance of payment of stakes in accordance with the provisions of subarticle (1)(a) shall not be deemed to be contrary to the provisions of article 47.
(3) The provisions of article 1713 of the Civil Code shall not prejudice -
(a) the right of a licensee, operator, permit holder or person referred to in subarticle (1), to recover a debt arising from
the acceptance of payment of a stake by any of the means of payment referred to in subarticle (1)(a) in accordance with the provisions of the said subarticle (1)(a); or
(b) the right of a winner of a monetary prize under an authorised game or, as the case may be, under a game operated in terms
of a permit granted under regulations made under article 78(3), to recover any debt arising from acceptance of payment of such prize
by any of the means of payment referred to in subarticle (1)(b).
PART X - FINANCIAL PROVISIONS
(2) For such purpose as is mentioned in subarticle (1) the Authority shall levy all fees, rates, taxes, duties and other
payments prescribed or deemed to be prescribed by or under this Act or any other law or regulations made thereunder related to the
powers and functions of the Authority.
(3) The Authority shall also be paid by Government out of the Consolidated Fund such sums as the House may from time to time authorise
to be appropriated to meet the costs of specified works to be continued or otherwise carried out by the Authority, being works of
infrastructure or a similar capital nature.
(4) Any funds of the Authority, other than funds standing to the cred it of th e G ami ng Aut ho rit y Nati onal Lot tery Reserv
e Fund referred to in subarticle (6), which are not immediately required to meet expenditure may be invested in such manner as may
from time to time be approved by the Minister.
(5) Any excess of revenue over expenditure shall, subject to such directions as the Minister may from time to time give and su
bject to th e pro v i s ion s of sub a r ticl e (6) , be ap pli e d b y t h e Aut h o r it y to th e fo rmati o n o f r e serve funds
to be used for t h e purposes of the Authority; and without prejudice to the generality
Cap. 16.
Authority to meet expenditure out of revenue and constitution of National Lottery Good Causes Fund.
of the powers given to the Minister by this subarticle, any direction given by the Minister as aforesaid may order the transfer to
the Government, or the application in such manner as may be specified in the direction, of any part of the fees, rates, taxes and
duties and other payments levied in accordance with subarticle (2) or any such excess as aforesaid.
(6) Without prejudice to the powers of the Minister under subarticle (5), the Authority shall create and maintain a reserve
fund , t o b e styled as the "Gami ng A u tho r it y N a t i on al Lott ery Reserve Fund", to which there shall be credited
and paid by the Authority, immediately upon receipt thereof -
(a) such percentage of the gross sums, fees, duties and, or taxes paid by the National Lottery licensee to the Authority
in terms of article 31(4) as may be prescribed by regulations made by the Minister under this Act;
(b) the gross amounts paid by the National Lottery licensee to the Authority in terms of article 59(2); and
(c) any other amounts which the Authority is required to credit and pay into the Gaming Authority National Lottery Reserve
Fund under any other provision of this Act or of any other law or of regulations made thereunder,
and all funds standing to the cr edi t of the Gam i ng Au th ori t y National Lottery Reserve Fund after the end of each financial
year shall, not later than six weeks from the end of such financial year, be paid by the Authority into the Treasury and shall be
credited to the National Lottery Good Causes Fund created by subarticle (7). The Authority shall not dispose of or use any funds
from time to ti me stand i n g to th e credi t of th e Gami ng Au th ori t y Nat i o n al Lottery Reserve Fund in any manner or for
any purpose other than as provided in this subarticle.
(7) There shall be created and kept in the Treasury Department an account to be styled "National Lottery Good Causes Fund"
to which there shall be credited and paid the credit balance in the Gaming Autho r i t y National Lottery Reserve Fun d pai d by
th e Authority to the Treasury in terms of subarticle (6). The funds from time to time standing to the credit of the National Lottery
Good Causes Fund shall be paid out by the Minister, without any further appropriation other than this Act, to such persons, organisations,
b odi es o r ot her ent i t i es pursui ng ob ject ives of a rel i g i ou s, philanthropic, cultural, sports, educational, social
or civic nature or in support of other deserving causes, and in such amounts, in such manner and at such times, as may be determined
by the Minister f r om ti me t o ti me af ter consult a tion wit h an Advisor y Bo ard appointed by him for the purpose.
(8) A statement of the receipts and expenditure of the National Lottery Good Causes Fund shall, as soon as possible after the close
of each financial year and in any case not later than three months after t h e close of such year, be forwarded by th e
Accountant
Administration and Audit Act shall apply to such statement. The Minister shall, at the earliest opportunity and not later than four we eks a f te r s u ch sta
t ement has be en certified by the Auditor General as provided in this subarticle, or if at any time during that period the House
is not in sessio n, with in four weeks from th e b e gi nn in g of th e n e x t fo ll ow in g sessi on , cau s e a co py o f su ch
statement to be laid on the Table of the House.
(2) Notice of any loans, liabilities or advances made or in curred under the foregoing pr ovisions of th is article shall
be given to the House as soon as possible.
(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 ot her than this Act, auth orise
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.
(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".
(5) Sums received by the Accountant General from the Authority, in respect of advances made to the Aut hority 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.
Power to borrow or raise capital.
Advances from
Government.
Borrowing from
Government.
Estimates of the
Authority.
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.
(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 revenue s o f the Authority
are at least suff icient to meet all sum s properly chargeable to its revenue account including, but without prejudice to the generality
of that expression, depreciation.
(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.
(4) A copy of the estimates shall, upon their adoption by the
Authority, be sent forthwith by the Authority to the Minister.
(5) The Minister shall, at the earliest opportunity and not later than six weeks after he has received a copy of the estimates
from the Authority, approve the same with or without amendment.
Expenditure to be according to approved estimates.
(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 sub- head 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.
Publication of approved estimates.
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.
(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:
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.
(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.
(4) The Minister shall, at the earliest opportunity and not later than eight wee k s a f ter he has receive d a copy of every
s u ch 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.
Accounts and audit.
Cap. 396.
(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.
(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.
(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,
Deposit of revenues and payments by the Authority.
Unclaimed Prizes
Reserve.
and generally with respect to any matter which is relevant to the proper ke eping and cont rol of th e accounts and books, and the control of the finance, of the Authority.
(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 eac h of the a f ores aid two da
tes of ea ch
financial year of th e licensee, be pai d by the licensee to t h e Authority and shall be credited and paid by the Authority into
the 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.
(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 agai nst 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.
(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.
Contracts of supply or works.
Amended by:
L.N. 426 of 2007;
XXII. 2009.11.
Money laundering. Cap. 373.
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 o r emp l oyees t h ereof, i n relation to certai n transactions th at may give rise t o any suspicio
n of mon e y 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.
(2) Where a member, officer or employee of the Authority or an officer or employe e of a l i censee o r o t her person acting on
behalf of a licensee or under an arrangement with him, has reason t o susp ect that a tran sact ion, or a prop osed transaction ,
coul d involve money laundering, h e shall act in accordance with the regulations made under the Act and any regulations made under
this Act, as applicable thereto.
PART XI - TRANSFER OF CERTAIN ASSETS TO THE 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 bei ng transferred to or vested in the Authority
shall, on the date aforesaid, by virtue of
this Act and wi thout further assurance, be transferred to an d vested in the Authority under
the sam e title by which they were hel d by the Government immediately before the said date. The prov isions o f th is parag r ap
h shall n o t app l y t o
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 fo r the op eratio n of an y of the fun c ti ons
Annual report.
Transfer of assets to the Authority.
Construction of laws, etc.
Transitory provisions relating to the transfer of assets.
which by t h is Act ar e bein g transf er red t o or vested in th e Aut h o r ity o r ot herwi s e for th e op erati on of any of
t he fun ctio ns prescri bed by an y law being repealed in terms of article 80, shall, with ef fect fr om such day as may be specified
in any such order, and by virtue of this Ac t and w i th ou t any fu rt he r assu ra nce, be transferred to and vested in the
Authority under the same titl e by which th ey were held by th e Government before such day.
(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, lan d , r o ad s, w o r k s,
st o c ks an d ot h e r pr op ert y, m o v a bl e o r im movable, asset s, powers, ri ghts and privil eges and all thing s neces
sary or ancillary thereto which are held or enjoyed in conn ecti on therewi t h or appertaini ng thereto , as well as all obligations
affecting or relating to any of the aforesaid property and u ndertakings or assets or oth e r thing included therein as aforesaid.
63(1)( a), or those affecting or re la ting to any immovable asset referred t o in article 63(1)( b ) i n respect of which an Order as referred t o in the said art i cl e 63(1)( b ) has be en pu bl i s hed a n d 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.
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 und ert a ki ngs referred to in art i cle 63(1 ) ( a ) o r to any ri ght or liability related thereto transferred to the Authority by or under this Act, such thin g may be carried on
and completed by or as authorised by the Authority.
(2) Where immediately before the date of the coming into force of this Part, any legal proceedi ngs are pending to which the Government
is, or is entitled, to be a party, and such proceedings
*This article is not yet in force.
are related to any of the properties and undertakings referred to in article 63(1)( a ) o r to an y ri gh t or l i ab ili ty r e l a ted t h er eto 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.
(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 whi c h th e said i m m o v a bl e asset shal l be transferred to th e Aut ho rit y by vi rt ue o f
th e said arti cle 63(1)( b ), a nd such th ing 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.
(4) Where immediately before 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 whi c h th e said i m m o v a bl e asset shal l be transferred to th e A u th ori t y by vi rtue o
f t h e said ar ticle 6 3 (1 )( b ), an y legal proceedings are pending to which the Government is or is entitled t o be a party, and such proceedi ngs are relat
e d to the said i m mo vabl e asset or any ri ght 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.
PART XII - OFFENCES AND PENALTIES
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 hu nd re d and t h i r ty -fiv e th ou sand euro (€2
3 5 , 00 0.00 ) o r to imprisonment for a term of not more than five years, or to both such fine and imprisonment:
Minister may make provisions to determine assets transferred to the Authority.
Penalty for offences against this Act. Amended by:
L.N. 426 of 2007; XXII. 2009.12; XV. 2011.13.
Cap. 446. Cap. 9.
Provided that where the person convicted of an offence against this Act is a recidivist, he shall be liable to a fine (multa) of not less than twelve thousand euro (€12,000.00) and not more than thr e e h und red and fift y t hou san d euro (€ 350 ,000
.00), or to im prison ment for a term of no t less th an 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, 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
purpos e of this article, be de em e d t o b e v e s t e d w i t h t h e l e g a l representat i on of t h e same co mp an y or ot
her u ndertaking , 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:
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 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).
(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.
(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).
Administrative penalty. Amended by:
L.N. 426 of 2007; XXII. 2009.13;
XV. 2011.14.
(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 Aut hor ity shall determi n e, and upo n t h e sig n in g o f 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 relati on to which th e agreement has b e en entered , shall b e extinguished:
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:
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.
(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.
(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 no t enter into an agreement as is re ferred to in subarticle (2), unless such ag ree m ent is ac co mp ani e
d b y the payment of the sum due or an adequate and sufficient security for its payment.
(2) 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.
(3) Whosoever shall contravene subarticles (1) or (2) shall be guil ty o f an offence against this A ct. Furthermore, an y gam
ing device, amusement machine, licence or authorisation referred to in the said subarticles shall be seized and forfeited in favour
of the Government.
Counterfeit gaming devices and
forgery of licences.
Amended by:
XXII. 2009.14.
Place used for unlawful gaming. Amended by: XXII. 2009.15.
breach of the conditions attached to a licence in terms of the said article 7, or who wilfully prevents any Police Off i cer 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 mean s of acces s to any such place or part thereo f, or uses any means or contrivance whatsoever for the purposes of preventing,
obstructing or delaying the entry of such officer into any such place 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.
(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.
(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.
The use of the name "National Lottery" and false representations as to the National Lottery.
(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 fal s e i ndication that i t is a game formin
g part of th e National Lottery.
(3) Whosoever shall contravene subarticles (1) or (2) shall be guilty of an offence against this Act.
Forfeiture in favour of the Government. Amended by: XXII. 2009.16.
(2) No proceedings for any offence against this Act or any regu lat i on s ma de t h ereu nd er sh all be co mm ence d
w ith out th e sanction of the Attorney General.
(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 oth e r perso n d e legat e d by the Aut horit y t h at he has b een d u ly 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:
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 Att orney General sh all alw ays ha ve a ri ght of ap peal from any j udgmen t given by the Court of Magistrat e s, in it
s 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.
PART XIII - SUPPLEMENTAL PROVISIONS
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.
(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
Saving as to higher punishments established in the Criminal Code. Amended by:
XXII. 2009.17.
Offences to be tried by the Court of Magistrates and sanction of the Attorney General. Amended by:
XXII. 2009.18.
Cap. 9.
Cap. 9.
Cap. 9.
Persons deemed public officers.
Cap. 9.
provisions of article 9(4)(c) would disqualify a person from holding office as a member of the Authority.
Codes of conduct and rules about responsible gaming.
(2) The Authority may also conduct arrangements, and may also involve any licensees it deems fit in arrangements, involving
t h e org a ni zati o n o f an y prog ra mm e or i n fo rm at io n cam pai g n , in cl ud in g by t h e i ssui n g o f bro c hu res,
p u b l i c at io ns or ot her documents, the display of notices, signs, labels or pictures, or by w a y o f soun d b r o a dcasti
ng or tel e vi si on or o t her m eans of communication, with an aim of combating irresponsible or illegal gaming or gaming by underaged
persons.
(3) The Authority may make any codes of conduct or ar rangement s referred to i n suba rti c l e s (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.
Power of the Authority to issue directives.
Added by: XXII. 2009.19.
(2) The Authority may amend or revoke such directives.
Derivatives. Cap. 370.
Power to make regulations. Amended by:
L.N. 426 of 2007; L.N. 168 of 2008;
XXII. 2009.20; XV. 2011.15.
77. Without prejudice to any relevant licensing requirements under the Investment Services Act and to the provisions of that Act or of any other law, contracts of dif f erences, interest cap 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.
(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 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;
(d) 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;
(e) 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;
(f) prescribe the records and accounts to be kept by a licensee and other matters and obligations of licensees relating
to such records and accounts;
(g) 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:
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:
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
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:
(h) exempt from any licensing requirement or authorization specified government departments or 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;
(i) 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;
(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, 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
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 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; and
(o) prescribe anything that is to be prescribed under any other provision of this Act, other than a provision under Part VIII.
(3) The Minister may, after consultation with the Authority, by reg u lat i o n s regul ate the gi vin g of permi t s for t h e
operati on of offices in Malta wherefrom specified games and, or skill games are provid e d throu gh all o r speci f ied m e
ans 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 p er m i t s issu ed in t e rms o f th e Operati on of Bettin
g Offices Regulations, m a de under t h e Public Lott o 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.
(4) The Minister may, after consultation with the Authority, ma ke re gu lations in respect of th e functions and powers
of th e Authority and the exercise of such functions and powers.
(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, o p eratio n, mo nit o ri ng, co ntro l an d sup e r v isio n of, and ot her activities or services related to, amusement
machines, specified categories of amusement machines, specified amusement machines, amus eme n t ma chines with priz e, amusement
games, specified
S.L.70.04. Cap. 70.
amusement ga mes with prize, an d , wit h o u t pr ejud ice 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:
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 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:
Provided that no person may make available for use, host, or o perate amusement machines with prize in any premises unless such premises
are compliant with specific premises directives issued by the Authority:
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.
(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;
(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.
(7) The Minister may by regulations amend the First, Second, Third, Fourth, Fi fth and Si xth Schedules and th e Minister respon
si ble fo r sp ort m a y b y regul atio ns am end the Nin t h Schedule.
(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 di sabli n g o f g a min g devi
ces, amusement machi n es o r an y equipment or software related or connected thereto.
Serving of notices. 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.
Amendments, repeals and savings.
80. (1) With effect from the date of coming into force of this su bart icl e * , th e enactments shown in the First Column of th e Seventh Schedul e shall hav e eff ect subject to the amendments
shown in the Second Column of the said Schedule.
*2nd September, 2002 - vide Legal Notice 240 of 2002.
(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.
(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.
(4) A permission granted to a company registered in Malta to hold tombola (bingo) sessions (as defined in the Tombola (Bingo) Reg
u latio ns, her e i n after in th is su barti c l e referr ed to as "t he To m bola Regulations") of a com m ercial nature
in a tom bola (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.
(5) A certificate of approval issued by the Minister responsible fo r th e Po li ce in re spect of a rac ecours e and ground adjace
nt 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, s h all continue in force thereafte r 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.
Cap. 400.
Cap. 70. Cap. 78. Cap. 122. Cap. 131. Cap. 137. Cap. 150. Cap. 238. Cap. 292.
Cap. 78.
*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.
Amended by:
L.N. 426 of 2007.
Application for a licence.
FIRST SCHEDULE Article 37
Non-profit games
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.
(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.
(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.
(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.
(5) After the submission of an application for a non-profit game licence, the Authority shall have the power to require the applicant
to p r ovide 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.
Grant of licence.
2. 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 -
(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.
Form of licence.
3. (1) The non-profit game licence shall be in such form as the Authority may determine or as may be prescribed by regulations.
(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.
Licence conditions and variations and revocations thereof.
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 Authorit y ma y, from time to time, vary or re voke any condition so imposed or impose new conditions:
Provided that whenever the Authority deems it appropriate to vary any condition or impose any new condition in 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 con d it ion sho u ld no t be i m p o sed, an d t h e A u
th ority shal l consider any response made by the licensee within the period specified in the notice, before varying the condition
or before imposing the new condition.
(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.
(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.
(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.
(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 -
(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).
(6) Where the non-profit game being the subject of the non-profit game licence is a to mbol a game, t h e n on- pro f it game
lice nce shall be de emed to inc l ude 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.
Changes in effective control and management etc.
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. The licensee shall also inform
the Authority of any material changes in t h e information and documentation provided by the licensee in terms of item 1(2), (3)
and (5 ) o f thi s Sch e dul e or in terms of any oth e r p r o v isio n o f t h is Act o r 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:
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.
(2) Failure by the licensee to comply with the provisions of sub-item (1) hereof shall constitute an offence against this Act.
Assignment or surrender of licence.
6. (1) A non-profit game licence may not be assigned or transferred by the non-profit game licensee to any other person.
(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.
(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.
(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.
Grounds for cancellation or suspension of licence.
7. 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.
Procedures for the cancellation or suspension of the licence.
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
should not be cancelled or suspended on such ground as is stated in the notice.
(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.
(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.
Non-profit games not to be held in a tombola (bingo) hall.
9. 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.
Net proceeds of non-profit game to be applied only for stated purpose.
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 ga me lice nce ha s been grante d for any pu rpos e other than tha t indicated in the application
for the licence, shall be guilty of an offence against this Act.
Amended by:
L.N. 426 of 2007.
SECOND SCHEDULE Article 38
Commercial tombola games in tombola (bingo) halls
Duration and renewal of licence.
1. (1) A yearly tombola (bingo) hall licence shall be issued for an effective term of one year.
(2) A seasonal tombola (bingo) hall licence shall be issued for an effective term of six months.
(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.
(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
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 te rm of the licence as the Auth or ity h a s spec if ied in t h e lice n ce, an d containing such
information as the Authority has specified therein as necessary or expedient to enable it determine whether to renew the said licence.
(5) After the submission of an application for the renewal of a tombola (bingo) h a ll licence, th e Au th ori t y may req u ir
e the ap pli c an t t o p r ov id e such oth e r information, in addition to that provided together with the application, as may
be deemed necessary for the purpose of determining the said application.
Application for a licence.
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.
(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.
(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.
(4) After the submission of an application for a tombola (bingo) hall licence, the
Authority shall have the power to require the applicant to p r ovide 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.
Grant of a licence.
3. 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.
Form of licence.
4. (1) The tombola (bingo) hall licence shall be in such form as the Authority may determine or as may be prescribed by regulations.
(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.
Licence conditions and variations or revocations thereof.
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 m ay, from ti m e to time, va ry or revoke any condition so imposed or impose new conditions:
Provided that whenever the Authority deems it appropriate to vary any condition or impose any new condi tion in a tom bola
(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 twenty- one 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.
(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.
(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.
(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 a n employee of the lice n see , 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.
(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 su ms 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.
Requirement of bank guarantee.
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.
(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 in st it u t i o n w h i c h i ssu ed th e ba nk gu aran tee to verify whet he r su ch d e
m a nd is justified.
(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.
(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.
Changes in ownership and management etc.
7. (1) (a) Without prejudice to the provisions of item 8 of this Schedule, it
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), (3) and
(4) of this Schedule or in terms of any other provision of this Act or of regulations made thereunder or in term s 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 appli cati on for t he tom bola (bingo ) hall licence,
it wou ld 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:
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.
(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.
Assignment or surrender of licence and transfer of controlling interests.
8. (1) It shall be the duty of a tombola (bingo) hall licensee to obtain the prior approval in w rit ing of t he Au thority
befo re tak ing an y of th e action s set out in paragraphs (a) to (f) of sub-item (2) of this item 8, and if such approval is given, the li ce ns ee ma y t h en ta ke a ny o f the said action s only
subj ect 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.
(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)
hall licensee during the licence term.
(3) It shall be the duty of any person who holds or owns a controlling interest in a tombola (bingo) hall licen see t o obt ain
t h e prior approv al in w r i tin g of t h e 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 li censee, and if such appr oval is given, th e said person may then tr ansfer such controlling
in terest 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 controlli ng interest in the licens ee intends to trans f er 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.
(4) For the purposes of this sub-item (3) and of any other provision of this Sch edu le whi ch mak es r efer ence to t his sub-
it em (3 ), "cont ro ll ing i nte rest 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.
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 sub- item (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 t h e Authority i n 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.
Grounds for cancellation or suspension of licence.
9. 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;
(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.
Procedures for the cancellation or suspension of licence.
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 twenty- one 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.
(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.
(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.
Other operations in a tombola (bingo) hall.
11. A tombola (bingo) hall may not be used for the conduct of operations other th an t he o per at io n of com m er ci al to m
bo la g am es w i th ou t th e Au th or it y’s pr io r approval in wri ting of such o ther o peratio ns. Failure by a t ombo la
(bi ngo) hall licensee to comply with the provisions of this item 11 shall constitute an offence against this Act.
THIRD SCHEDULE Amended by:
L.N. 426 of 2007.
Article 40
Commercial communication games
Application for a licence.
1. (1) An application for a commercial communication game licence shall be made by or on behalf of the perso n wh o in ten d
s to operate t h e commerci a l communication game, in the form and manner required by the Authority.
(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.
(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.
(4) An application for a commercial communication game licence has to be made in respect of each and every comm ercial 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.
(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.
Grant of a licence.
2. 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
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.
Form of licence.
3. (1) The commercial communication game licence shall be in such form as the Authority may determine or as may be prescribed
by regulations.
(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.
Licence conditions and variations or revocations thereof.
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:
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 Au thori t y shall consid er any respo n se made by the licen see with in t h e peri od specified in the notice, before varying
the condition or before imposing the new condition.
(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.
(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.
(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.
(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).
Changes in effective control and management etc.
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 th e co m m er cial comm unication
gam e 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 tha t effect by the Authority, the Auth or ity shall cancel such licence without complying with
the provisions of item 8 of this Schedule:
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.
(2) Failure by the licensee to comply with the provisions of sub-item (1) hereof shall constitute an offence against this Act.
Assignment or surrender of licence.
6. (1) A commercial communication game licence may not be assigned or transferred by the commercial communication game
licensee to any other person.
(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.
(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.
(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.
Grounds for cancellation or suspension of licence.
7. 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
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 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;
(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 licensee is being wound up; or
(f) 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.
Procedures for the cancellation or suspension of licence.
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.
(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.
(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.
FOURTH SCHEDULE Amended by:
L.N. 426 of 2007.
Application for a licence.
Article 41
Broadcasting media games
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 sub- contractor thereof, who intends to operate the broadcasting media game, in the form and manner
required by the Authority.
(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.
(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.
(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.
(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.
Grant of a licence.
2. 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 sub- contractor 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
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.
Form of licence.
3. (1) The broadcasting media game licence shall be in such form as the
Authority may determine or as may be prescribed by regulations.
(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.
Licence conditions and variations or revocations thereof.
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 m ay, from ti m e to time, va ry or revoke any condition so imposed or
impose new conditions:
Provided that whenever the Authority deems it appropriate to vary any condition or impose any new condition in 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
Au thori t y shall consid er any respo n se made by the licen see with in t h e peri od specified in the notice, before varying the
condition or before imposing the new condition.
(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.
(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.
(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.
(5) A broadcasting media 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).
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 o f 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 ef fect by the Au thori t y, the A u thor ity sh al l cancel such l i cen c e witho u t complying with
the provisions of item 8 of this Schedule:
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.
(2) Failure by the licensee to comply with the provisions of sub-item (1) hereof shall constitute an offence against this Act.
Assignment or surrender of licence.
6. (1) A broadcasting media game licence may not be assigned or transferred by the broadcasting media game licensee to any other
person.
(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.
(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.
(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.
Grounds for cancellation or suspension of licence.
7. 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
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 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;
(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 licensee is being wound up; or
(f) 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.
Procedures for the cancellation or suspension of the licence.
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.
(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.
(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.
FIFTH SCHEDULE
(Repealed by Act XXII. 2009.21)
Article 43
Racecourse Bets and sweepstakes
Method of operating and playing a sweepstake
1. 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, 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.
Duration and renewal of licence.
2. (1) A racecourse betting licence shall be issued for such term, not exceeding one year as the Authority may specify in the
licence.
(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
not exceed one year, as the Authority may determine.
(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 re newe d term of the licence as the Authority has speci fied 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.
(4) After the submission of an application for the renewal of a racecourse bett ing li cen ce, the A u th ori t y m
a y requ ire the ap pli cant t o p r ov ide su ch ot her information, in addition to that provided together with the application,
as may be deemed necessary for the purpose of determining the said application.
Application for a licence.
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.
(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.
(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.
(4) After the submission of an application for a racecourse betting licence, the Authority shall have the power to require the
applicant to p r ovide 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.
Grant of licence.
4. 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
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.
Form of licence.
5. (1) The racecourse betting licence shall be in such form as the Authority may determine or as may be prescribed by regulations.
(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.
Licence conditions and variations and revocations thereof.
6. (1) In granting a racecourse betting licence, the Authority may subject it to such conditions as it may deem appropriate,
and having granted such licence the Authorit y ma y, from time to time, vary or re voke any condition so imposed or impose new conditions:
Provided that whenever the Authority deems it appropriate to vary any condition or impose any new condition in the ra cecourse
betting 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 aft e r th e i ssu e o f th e no ti ce as
may b e spe c if ied in t h e sa me no tic e, wh y su ch condition should not be varied or such new condition should not be imposed,
and the Autho r ity sh all co nsider an y resp onse made by the li censee wi thin the period specified in the notice, before varying
the condition or before imposing the new condition.
(2) Conditions in a racecourse betting licence may impose requirements to be complied with by the licensee after the licence has
ceased to have effect.
(3) A racecourse betting 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.
(4) A racecourse betting 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.
(5) A racecourse betting licence to operate racecourse bets shall be deemed to include a condition that:
(a) the licensee shall only operate racecourse bets on horse races and, or dog races conducted on the approved racecourse
or approved racecourses indicated in the licence at approved meetings, by means of a totalisator set up, kept and operated on
the approved racecourse and at the approved meeting on and during which there is being conducted the
relevant horse or dog race in respect of which the said licensee is operating any particular racecourse bet; and
(b) not less than eighty-three per centum of the whole of the monies staked in respect of any particular racecourse bet operated by the licensee shall be distributed by
such licensee among the persons winning such racecourse bet in accordance with the rules of the said racecourse bet.
(6) A racecourse betting licence to operate sweepstakes shall be deemed to include a condition that:
(a) the licensee shall only operate sweepstakes on horse races conducted on the approved racecourse or approved racecourses
indicated in the licence at approved meetings, by means of tickets sold only on the approved racecourse on which there
is being conducted the relevant horse race in respect of which the said licensee is operating any particular sweepstake
to persons who have been admitted to such approved racecourse on payment of the applicable admission fee and, or by means
of tickets sold only to such other persons as may be specified in the licence or as may be prescribed in regulations; and
(b) not less than eighty-five per centum of the whole of the monies staked in respect of any particular sweepstake operated by the licensee shall be distributed by such
licensee among the persons winning such sweepstake in accordance with the rules of the said sweepstake.
Changes in effective control and management etc.
7. (1) (a) If the racecourse betting 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. The licensee shall
also inform the Authority of any material changes in t h e information and documentation provided by the licensee in terms of item
3(2), (3) and (4 ) o f thi s Sch e dul e or in terms of any oth e r p r o v isio n o f t h is Act o r of regulations made thereunder
or in terms of conditions attached to the racecourse betting 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 racecourse betting licence, it
would have disqualified the licensee from obtaining a licence in terms of item 4 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 10 of this Schedule:
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.
(2) Failure by the licensee to comply with the provisions of sub-item (1) hereof shall constitute an offence against this Act.
Assignment or surrender of licence.
8. (1) A racecourse betting licence may not be assigned or transferred by the racecourse betting licensee to any other person.
(2) The racecourse betting licensee may not surrender the racecourse betting 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.
(3) If a racecourse betting licence is assigned or transferred by the racecourse betting 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.
(4) A racecourse betting licensee who acts in breach of the provisions of this item 8 shall be guilty of an offence against this
Act.
Grounds for cancellation or suspension of licence.
9. The Authority may order the cancellation or suspension of a racecourse betting 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 racecourse betting 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 licensee is being wound up; or
(f) the Authority is reasonably satisfied that the licensee is not, or has ceased to be, a suitable person to hold the racecourse
betting licence, or it reasonably deems it necessary in the national interest to cancel or suspend the racecourse betting licence.
Procedures for the cancellation or suspension of the licence.
10. (1) Where a ground for cancellation or suspension of a racecourse betting 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 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.
(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.
(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.
SEVENTH SCHEDULE
Article 80(1)
Th is S c h e dul e came i n t o f o rce o n 2 n d Sept embe r, 20 02 , an d the re l a ti ve amendments to enactments inserted accordingly.
EIGHTH SCHEDULE Article 80(2)
Th is S c h e dul e came i n t o f o rce o n 2 n d Sept embe r, 20 02 , an d the re l a ti ve amendments to enactments inserted accordingly.
NINTH SCHEDULE
Article 46
Constitution and Proceedings of a Racecourse Control Board
1. A Racecourse Control Board shall consist of a chairman and four other members to be appointed by the Minister responsible
for sport.
2. The chairman shall be such person as the Minister responsible for sport shall appoint in that behalf.
3. A person shall not be qualified to hold office as a member of a Racecourse
Control Board if he -
(a) is a member of the House of Representatives; (b) is a judge or magistrate of the courts of justice;
(c) has a financial or other material interest in any approved racecourse or in any approved racing club which is likely to affect
the discharge of his functions as a member of such Board;
(d) he has been convicted of an offence punishable by imprisonment for a period of six months or more;
(e) he has been convicted of an offence against Part VIII.
4. The members of a Racecourse Control Board shall hold office for such time
as may be specified in their respective appointments:
Provided that any member of such Board may be removed at any time by the
Minister responsible for sport.
5. Any person ceasing to be an appointed member of a Racecourse Control Boar d shall be eligib le for reap pointm en t unless
there exists in respect of such person any of the grounds for disqualification to hold office as such member listed in item 3 of
this Schedule.
6. The quorum of a Racecourse Control Board shall be three, but subject to such quorum such Board may act notwithstanding any
vacancy among its members.
7. A Racecourse Control Board may appoint a member of the Board to be vice- chairman of the Board, and in the absence of the
chairman or during any vacancy in the office of the chairman, the vice-chairman so appointed shall preside at meetings of the Board.
8. Decisions at meetings of a Racecourse Control Board shall be adopted by a simple majority of the votes of the members present
and voting, provided that no decision shall be valid unless it is supported by at least two members of the Board. In case of an equality
of votes, the person presiding at the meeting shall have a second or casting vote.
9. Subject to any relevant regulations made by the Minister responsible for sport under article 78(6), a Racecourse Control Board
may appoint and, or employ, at such remuneration and upon such terms and conditions as it may determine, such officers, employees
and agents as may from time to time be necessary for the due and efficient discharge of the functions of the Board, and the Board
shall prescribe the duties of each of such officers, employees and agents.
10. Subject to any relevant regulations made by the Minister responsible for sp ort und er ar ticle 7 8 (6) , a Racecou r se Co
ntro l Board may regul at e its own procedure and make standing orders governing the conduct of its business.
11. No act or proceeding of a Racecourse Control Board shall be questioned on account of any vacancy among its members or on account
of the appointment of any member having been defective.
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