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Gambling License Malta: Malta Lotteries and other Games Act

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Gambling License Malta: Malta Lotteries and other Games Act

PART III – GENERAL PRINCIPLES

3. (1) Any game which originates from Malta or which is offered f rom Mal ta or which involves a t ransact ion that is concluded in Malta, which is not an authorised game, or which is not authorised to be operated under any law in Malta other than this Act and regulations made thereunder, or which is not authorised to be operated under any law enacted by a member state of the European Union or a member state of the European Economic Area or by any other jurisdiction or territory approved by the Authority, is prohibited from being played by any person in Malta.

(2) The provisions of subarticle (1) also apply to any game offered directly or indirectly from abroad or from Malta to persons in Malta through a means of distance communication.

4. Without prejudice to the provisions of article 78(2)(g), no authorised game may be organised on the results of games operated by the holder of a casino licence issued under the Gaming Act in terms of such licence or by a licensee under this Act in terms of his licence, or on the results of any game which is lawfully organised outs ide Mal ta, wi thout the pr ior approval in wri t ing of the Authority, and if such approval is given, the relevant authorised game may then be organised as aforesaid only subject to such terms and conditions as may be specified by the Authority in its approval, which terms and conditions may inter alia make the approval subject to the condition that the person to whom such approval is given seeks and obtains the prior consent to so organise the relevant authorised game from the casino licensee or the licensee operating the game on the results of which such relevant authorised game is to be organised or, as the case may be, from the person lawfully organising the game outside Malta on the results of which game the relevant authorised game is to be organised:

Provided that in the case of authorised games operated by a licensee, the aforesaid approval of the Authority and any relevant terms and conditions may be incorporated in the respective licence issued to such licensee.

5. Any game which is not an authorised game, or which is not authorised to be operated under any law in Malta other than this Act and regulations made thereunder, or which is not authorised to be operated under any law enacted by a member state of the European Union or a member state of the European Economic Area or by any other jurisdiction or territory approved by the Authority, or which is not a game which is operated by the holder of a permit granted under regulations made under article 78(3) in terms of such permit, is prohibited from being operated, promoted or sold by any person in Malta:

Provided that the Authority may impose such proportionate requirements and conditions, in conformity with European Union law, as it may deem necessary in fulfillment of its functions under this Act, or as the Minister may direct the Authority by virtue of article 12, in respect of games authorised under any law enacted by a member state of the European Union or a member state of the European Economic Area or any other jurisdiction or territory approved by the Authority:

Provided further that such requirements and conditions shall be compatible with international obligations.

6. It shall be an offence against this Act for any person to –

Provided that the liabilities and obligations of providers of information society services in connection with games shall be regulated by the provisions of articles 22 to 25 of the Electronic Commerce Act, and nothing in this article or in any other provision of this Act shall prejudice the operation of the said articles 22 to 25 of the Electronic Commerce Act.

7. (1) No person shall manufacture, assemble, repair, service, place on the market, distribute, supply, sell, lease, transfer, make available for use, host or operate any relevant gaming device, or any part or parts thereof, unless such person is in possession of a valid licence to this effect issued by the Authority or unless such person is exempted from such licensing requirement in respect of such relevant gaming device or such activity in terms of regulations made under this Act.

(2) An application for a licence to manufacture, assemble, repair, service, place on the market, distribute, supply, sell, lease, transfer, make available for use, host or operate any relevant gaming device, or any part or parts thereof, shall be made in such form and manner required by the Authority or as prescribed by regulations, and in granting such licence the Authority may subject it to such conditions as it may deem appropriate or as maybe prescribed by regulations. The Authority may order the cancellation or suspension of, or the imposition of any condition on, any such licence in such circumstances as may be prescribed by regulations or in the said licence.

(3) Any person who contravenes, or in any way aids or abets a person to contravene, the provisions of subarticle (1), shall be guilty of an offence against this Act.

8. (1) Without prejudice to the provisions of article 39, any person who offers for sale or sells any game to a person under the age of eighteen years of age shall be guilty of an offence;

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.