Gaming Act (Cap. 583), article 25

25. (1) Notwithstanding any other provision of this Act, and without prejudice to any other proceedings to which the per son in breach may be liable to under any other law, in the case of any breach mentioned in the Third Schedule, the Authority may, with the concurrence of the person committing the breach and subject to the rectification of the breach, impose a penalty not exceeding fiv e hundred thousand euro (€500,000) for each infringement or failu re to GAMING [CAP. 583. 19 comply and, or a sum not exceedi ng five thousand euro (€5,000) for each day of infringement or non-compliance, and, or any other administrative sanctions as an alternative to criminal court proceedings. Upon conclusion of such agreement, the offender’s criminal liability under this Act with regard to the offence or offences in relation to which the agreement has been entered, shall be extinguished: Provided that the agreement shall not be concluded and the criminal liability of the offender shall not be extinguishe d unless the agreement is accompanied by the payment of the sum due or t he provision of sufficient security for its payment, in the case o f a fine, or in the case of another form of sanction by adherence thereto o r sufficient security of adherence: Provided further for the sake of clarity that the agreement, and payment of any fine due in virtue thereof, shall not exonerate the person in breach from rectifying such breach and becoming duly compliant with this Act and other applicable regulatory instruments: Provided further that any forfeiture contemplated in this Act or the relevant regulatory instrument as a consequence of t he offence to which the agreement relates shall, notwithstanding s uch agreement, still take effect. (2) The provisions of sub-article (1) shall apply also in any case where the offender has been charged before a court in rela tion to the offence, but before final j udgement has been given in the c ase. (3) In the case of a breach of any regulatory instrument which is not mentioned in the Third Schedule, the Authority may impose an administrative penalty not exceeding twenty-five thou sand euro (€25,000) for every breach or non-compliance and, or an administrative penalty not exceeding five hundred euro (€500) for each day on which th e breach persists. (4) The Authority may, by means of a public statement, disclose the name of the person sanctioned, the particular brea ch of a regulatory instrument committed, and the penalty or administrat ive measure imposed, where it deems that lack of disclosure would b e detrimental to the interests of p layers or cause disproportiona te damage to the parties involved. 20 [CAP. 583. GAMING             Cap. 12. (5) Any imposition of a fine or a dministrative sanction shall be without prejudice to the right of the Authority to recover a ny and all fees, contributions, levies, taxes and other dues which are imposed by or under this Act that remain unpaid after their due date. S uch fees and taxes shall be due to the Authority as a civil debt and sha ll upon the service by judicial act of a copy of a notice for payment o n the person indicated in the notice, constitute an executive title f or all effects and purposes of Title VII of Part I of Book Second of t he Code of Organization and Civil Procedure . Presumptive evidence of gaming.