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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 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 provisions of article 9(4)(c) would disqualify a person from holding office as a member of the Authority.

76. (1) The Authority may establish such codes of conduct as it may deem necessary and useful from time to time with regard to, among other things, the advertising of authorised games, the prevention of illegal gaming and gaming by underaged persons, and the prevention of the gaming addiction.

(2) The Authority may also conduct arrangements, and may also involve any licensees it deems fit in arrangements, involving the organization of any programme or information campaign, including by the issuing of brochures, publications or other documents, the display of notices, signs, labels or pictures, or by way of sound broadcast ing or televis ion or other means 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 arrangements referred to in subarticles (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.

76A. (1) The Authority may issue directives as may be required for the carrying into effect of the provisions of this Act and of any regulations made hereunder.

(2) The Authority may amend or revoke such directives.

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, cont r act s of di ff erences , inter es t 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.

78. (1) The Minister may, after consultation with the Authority, make regulations for carrying out the provisions of this Act, except the provisions of Part VIII. (2) Without prejudice to the generality of the provisions of the previous subarticle, the Minister may by such regulations –

1. 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;
2. 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;
3. 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;
4. 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;
5. 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;
6. prescribe the records and accounts to be kept by a licensee and other matters and obligations of licensees relating to such records and accounts;
7. 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 such evidence as to the value of the prizes and other 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:
8. 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;
9. 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;
10. limit the number of licences referred to in article 7(1) which may be granted and be in force at any time;
11. 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;
12. 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;
13. 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;
14. 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
15. 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 regulations regulate the giving of permits for the operation of offices in Malta wherefrom specified games are provided through all or specified means 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 –

1. provide that such offices be under the supervision of the Authority and of inspectors;
2. provide for the prevention against money laundering;
3. establish the tax which shall be paid on such games provided from such offices; and
4. make any other provision which will ensure that such 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 permits issued in terms of the Operation of Betting Offices Regulations, made under the Public Lotto 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, make regulations in respect of the functions and powers of the 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, operation, monitoring, control and supervision of, and other activities or services related to, amusement machines, specified categories of amusement machines, specified amusement machines, amusement games, specified categories of amusement games or speci f ied amusement games , and, wi thout prejudice to the generality of the foregoing provisions of this subarticle, he may by such regulations –

1. provide that such amusement machines 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;
2. 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;
3. provide that such amusement machines 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;
4. 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;
5. regulate the manufacturing, placing on the market, distribution, supply, sale, transfer, making available for use, use, and, or purchase of amusement machines tokens;
6. prescribe the maximum and, or minimum price to be paid to play an amusement game;
7. prescribe the specifications applicable to the premises or venue from or in which an amusement game can be offered, promoted, operated or sold, including but not limited to the 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;
8. make any other provision which will ensure that amusement machines 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 that amusement games are played fairly; and
9. prescribe the minimum age of persons permitted to use amusement machines, specified categories of amusement machines, specified amusement machines, amusement games, specified categories of amusement games or specified amusement games.

(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 –

1. regulate the issue and revocation of the certificates of approval referred to in articles 44 and 45 and other matters connected therewith;
2. regulate the conduct of horse races and dog races on approved racecourses and regulate approved racing clubs and their operations;
3. regulate the functions of Racecourse Control Boards, confer powers on such Boards and regulate the exercise of such functions and powers;
4. prescribe matters in respect of which Racecourse Control Boards may make rules and regulations in terms of article 46(3);
5. 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;
6. 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, Thi rd, Four th, Fi f th and Sixth Schedules and the Minis ter respons ible for spor t may by regulat ions amend the Ninth 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 thi r ty- f ive thousand euro (€235,000.00) in r espect of any contravention of, or failure to comply with, the provisions of such regulations and, or the seizure, removal, confiscation, destruction or disabling of gaming devices, amusement machines or any equipment or software related or connected thereto.

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:

1. by delivering it to the person on whom it is to be served or to whom it is to be given; or
2. 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
3. by sending it by registered mail addressed to that person at the place of abode or the address for service aforesaid; or
4. 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
5. 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.

80. (1) With effect from the date of coming into force of this subarticle*, the enactments shown in the First Column of the Seventh Schedule shall have effect subject to the amendments shown in the Second Column of the said Schedule.

(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.

(4) A permission granted to a company registered in Malta to hold tombola (bingo) sessions (as defined in the Tombola (Bingo) Regulations, hereinafter in this subarticle referred to as “the Tombola Regulations”) of a commercial nature in a tombola (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 for the Police in respect of a racecourse and ground adjacent 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, shall continue in force thereafter 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.