Gaming Act (Cap. 583), article 42

42. (1) The Administrative Review Tribunal established by article 5 of the Administrative Justice Act, hereinafter ref erred to as the "Tribunal", shall be competent to hear and determine app eals in accordance with this Act. (2) The Tribunal shall carry out such functions as are assigned to it in terms of this Act. (3) The provisions of the Administrative Justice Act, in so far as they apply to the Adminis trative Review Tribunal, shall apply to any proceedings before the said Tribunal in terms of this Ac t, except to the extent that such provisions conflict with the pro visions of this Act, in which case the p rovisions of this Act shall pre vail, and the words "public administration" in the said enactment shall b e construed as a reference to the Authority. (4) The Tribunal shall have the power to summon any person to give evidence or to produce books or other documents before it: Provided that: (a) the clerk, agent, employee or other person confidentially employed in the affairs of the appellant and the parent, spouse or children of the appellant shall not be called to give evidence or to be examined except on the request of the appellant; (b) except at the request of the appellant, no person shall be examined in relation to any information concerning the appellant in respect of which the said person is under the duty of professional secrecy. Thi s exception does not apply to members or employees or former members or employees of the Authority which the Authority requests to give evidence in order to make its case. (5) (a) The Tribunal shall ensure that the members thereof that are selected to adjudicate an appeal in accordance with this Act shall be free from any conflict of interest. (b) Any Tribunal member shall abstain in cases of conflict of interest, and in the absence of such abstention may b e challenged by either party to the appeal: GAMING [CAP. 583. 27 Provided that for the purposes of this sub-article a Tribunal member shall be deemed to have a conflict of interest:    Cap. 12. (i) on the grounds on which a judge or magistrate may be challenged or abstain in terms of the Code of Organization and Civil Procedure ; (ii) if he has previously expressed his professional opinion in relation to the subject matter of the appeal or an issue which is an important consideration with respect to the subject matter of the appeal; or (iii) if he provides ongoing professional services to a direct competitor of one of the parties to the appeal in such a manner as to undermine his impartiality, or to give the reasonable appearance of a lack of impartiality. (6) The Tribunal members shall not be personally liable for any act or default of the Tribunal done or omitted to be done i n good faith in the course of the operations of the Tribunal. Right of appeal.43. (1) Any person who feels aggrieved by a decision of the Authority may enter, within twenty days after the date of s ervice upon him of notice of the Authority’s decision, an appeal to th e Administrative Review Tribunal: Provided that where the decision appealed from related to the exercise of discretion by the Authority, the Tribunal sh all not query the Authority’s decision so long as such discretion has b een exercised properly: Provided further that no appeal shall lie from: (a) any decision of the Authority imposing a fine not exceeding two thousand euro (€2,000) or from any reprimand or warning; and, or (b) a decision of the Authority to refuse to grant, or to suspend or cancel a licence or other authorisation on grounds of national interest or for the safeguarding of the reputation of Malta. (2) An appeal made under this article shall not suspend the operation of any decision from which the appeal is made: Provided that a decision to cancel a licence or to impose an administrative penalty in terms of this Act or any other reg ulatory instrument shall not become operative until the expiration of t he period within which an appeal lies under this article and, if a n appeal is made within such period, the decision shall become operative on 28 [CAP. 583. GAMING the date of the decision of the Tribunal dismissing the appeal or the date on which the appeal is abandoned: Provided further that when a de cision to cancel a licence or other authorisation is appealed, pending the determination o f the appeal the relevant licence or authorisation shall be deemed suspended. (3) Every person appealing shall appear before the Tribunal either in person or by agent on the day and at the time fixed f or the hearing of the appeal: Provided that if it be proved to the satisfaction of the Tribunal that owing to absence from Malta, sickness or other reasonable cause, any person is prevented from attending at the hearing of his appeal on the day and at the time fixed for that purpose, the Tribunal may postpone the hearing of such appeal f or such reasonable time as it thinks necessary for the attendance of the appellant. (4) The onus of proving that the decision of the Authority is unjust shall rest on the appellant. (5) Subject to the provisions of sub-article (2), the Tribunal shall have the power to confirm or annul the decision or make s uch order thereon as it shall deem fit. Certain provisions to be followed in the hearing of appeals.