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Gambling License Malta: Malta Lotteries and other Games Act

Malta Games Act:

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Gambling License:

Gambling License Malta: Malta Lotteries and other Games Act

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 hundred and thi rty-f ive thousand euro (€235,000.00) or to imprisonment for a term of not more than two years, or to both such fine and imprisonment:

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 three hundred and fi f ty thousand euro (€350,000.00) , or to imprisonment for a term of not less than six months and of not more than three 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 purpose of this article, be deemed to be vested with the legal representat ion of the same company or other under taking, 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).

68. (1) The Authority may with the concurrence of any licensee or holder of a permit issued in terms of article 36 who contravenes a condition of his licence or, as the case may be, of his permit, or any directive issued by the Authority in terms of this Act or of regulations made thereunder and applicable to such licensee or, as the case may be, to such permi t holder wher e such contravention amounts to an offence against this Act, impose administrative fines or sanctions upon such licensee or holder of a permit as an alternative to proceedings in court.

(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) and shall not be less than seven thousand euro (€7,000.00) as the Authority shall determine, and upon the signing of any such agreement by the Authority and the offender all criminal liability of the offender under this Act, with regard to the offence or offences in relation to which the agreement has been entered, shall be extinguished:

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 not enter into an agreement as is referred to in subarticle (2), unless such agreement is accompanied by the payment of the sum due or an adequate and sufficient security for its payment.

69. (1) It shall not be lawful for a person to use, or have in his possession, any gaming device or amusement machine or a licence or an authorisation issued under, used or to be used for the purposes of thi s Act , which the per son knows to have been forged, counterfeited or otherwise tampered with.

(2) It shall not be lawful for a person –

  1. to faorge, 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
  2. knowingly to utter any such forged, counterfeit or tampered with a gaming device, amusement machine, licence or authoriasation.

(3) Whosoever shall contravene subarticles (1) or (2) shall be guilty of an offence against this Act. Furthermore, any gaming device, amusement machine, licence or authorisation referred to in the said subarticles shall be seized and forfeited in favour of the Government.

70. (1) Any person who knowingly permits the use of any place for the purpose of the operation, promotion, sale or playing of any game in contravention of any provision of this Act or of regulations made thereunder or in breach of any condit ions attached to a licence issued under this Act or in breach of any di rect ive issued by the Author ity in terms of this Act or of regulations made thereunder or for the purpose of storage of a relevant gaming device manufactured, assembled, placed on the market, distributed, supplied, sold, leased, transferred, made available for use, hosted or operated in contravention of the provisions of article 7 or in breach of the conditions attached to a licence issued in terms of the said article 7 or for the purpose of manufacturing, assembling, repairing or servicing of a relevant gaming device in contravention of the provisions of article 7 or in breach of the conditions attached to a licence in terms of the said article 7, or who wilfully prevents any Police Officer who is lawfully authorised to enter into any place suspected of being used as aforesaid, from entering into such place or any part thereof, or obstructs or delays any such officer in so entering, or by any bolt, bar or other contrivance secures any external or internal door or means of access to any such place or part thereof, or uses any means or contrivance whatsoever for the purposes of preventing, obstructing or delaying the entry of such officer into any such place 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.

71.* (1) A person shall not, for the purposes of a game other than a game forming part of the National Lottery, make use of the names “National Lottery” or “Maltese National Lottery” or of any name so closely resembl ing ei ther of those names as to be reasonably capable of leading to the belief that either of those names is being referred to.

(2) It shall not be lawful for a person advertising, or selling, or offering for sale, or offering the opportunity to participate in, a game not forming part of the National Lottery to give, by whatever means, a false indication that it is a game forming part of the National Lottery.

(3) Whosoever shall contravene subarticles (1) or (2) shall be guilty of an offence against this Act.

72. In addition to any penalty under any other provision of this Act, any gaming device or amusement machine and any moneys relating to or used in the commission of any offence against this Act or any regulations made thereunder, or which has served or was intended to serve for the commission of any such offence, shall be seized and forfeited in favour of the Government.

73. Where the fact which constitutes an offence under any provision of this Act or any regulations made thereunder also constitutes an offence under any other law and is liable to a higher punishment under such law, such higher punishment shall be applied in lieu of the punishment established in this Act.

74. (1) The Court of Magistrates, in its criminal jurisdiction, shall be the competent court to take cognizance of offences against this Act or any regulations made thereunder.

(2) No proceedings for any offence against this Act or any regulations made thereunder shall be commenced without the 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 other person delegated by the Authority that he has been duly delegated for that purpose shall be conclusive evidence of that fact.

(4) Notwithstanding the provisions of subarticle (3), the officer or other person deputed in accordance with the said subarticle may be produced as a witness in the proceedings:

Provided that should the evidence of such officer or other person be required as part of the case for the prosecution, such officer or other person shall be heard before he commences to act as mentioned in subarticle (3):

Provided further that the foregoing proviso shall not apply where the necessity of the evidence of such officer or other person arises after he commences to act as mentioned in subarticle (3).

(5) Notwithstanding the provisions of the Criminal Code, the Attorney General shall always have a right of appeal from any judgment given by the Court of Magistrates, in its criminal jurisdiction, in respect of proceedings for any offence against this Act or any regulations made thereunder.

(6) The punishments provided in this Act shall apply unless the fact constitutes a more serious offence under the Criminal Code or any other law, in which case the provisions of the Criminal Code or of such other law shall apply.

(7) Notwithstanding the provisions of the Criminal Code, proceedings for an offence against this Act or regulations made thereunder shall be barred by prescription by the lapse of six years.

* This article is not yet in force.