Gaming Act (Cap. 583), article 59

59. (1) Subject to the provisions of sub-article (2), the enactments in the First Column of Part A of the Fourth Schedule shall have effect subject to the amend ments appearing relative theret o in the Second Column of the said Schedule. (2) Notwithstanding the provisions of sub-article (1) the amendment referred to in item 3 of Part A of the Fourth Schedul e shall come into force upon a notice being issued by the Minister to this effect in the Gazette . (3) Subject to the provisions of sub-article (4), the enactments referred to in Part B of the Fourth Schedule, hereinafter referred to as "the r evoked enactments", shall be revoked.   S.L. 78.01. (4) Notwithstanding the provisions of sub-article (3) the revocation of the Racecourse Betting (Use of Totalisator) Rules referred to in the sixth point of Part B of the Fourth Schedule shall come into force upon a notice being issued by the Minister to this effect in the Gazette . FIRST SCHEDULE (Article 6(4)) Composition and conduct of affairs of the Board 1. (1) The Board shall establish the policies to be pursued by the Authority. In determining such policies, the Boa rd shall follow such policy guidelines as may be set out by the Mi nister. The Board shall also be responsible for advising the Government in furtherance of the functions and in the attainment of the objec tives of the Authority in terms of this Act. (2) The Board of Governors sh all consist of the following: (a) a Chairperson, appoin ted by the Minister; 36 [CAP. 583. GAMING (b) not less than four but not more than six other Governors appointed by the Minister from among persons who have distinguished themselves in business, financial activities , the professions, the public ser vices or academic affairs and who in his opinion are able to represent the points of view of the industry and players; and (c) The Chief Executive of the Authority, who shall be a member of the Board but shall not have the right to vote o n the decisions to be made thereby. (3) The Chairperson and the other members of the Board shall be appointed for a term bein g not more than three years, as may be specified in the instrument of appointment. However, the mem bers so appointed may be re-appointed on the expiry of their term of office. (4) The Minister may designate one of the other members of the Board as Deputy Chairperson, and the member so designated shall have all the powers and perform all the functions of the Chairperson during his absence or inability to act as Chairperson, or while the Chairperson is on vacat ion or during any vacancy in t he office of Chairperson: Provided that the Minister may also, in any of the circumstances mentioned in this sub-article, appoint another pe rson to act as Chairperson, and in such case the provisions of this sub- article and the provisions of the following sub-article shall a pply in respect of such person. (5) (a) A person shall not be eligible to be appointed as Chairperson or as a member of the Board of Governors, or of any other organ of the Authority, or to hold any other office with the Authority, if he: (i) is the holder of any licence or authorisation issued by the Authority, or otherwise falls under the regulator y or supervisory functions of the Authority; (ii) is a director, an officer or employee of such holder or other such person men tioned in sub-paragraph (i); (iii) has a financial or other interest in any enterprise or activity directly related to gaming; (iv) is a Minister, Parliamentary Secretary or a member of the House of Representatives; (v) is a judge or magistrate of the courts of justice; (vi) has been declared ba nkrupt or has made a composition or arrangeme nt with his creditors; GAMING [CAP. 583. 37 (vii) is legally incapacitated or interdicted; (viii) has been convicted of an offence punishable by imprisonment for a period of six months or more; (ix) has been found guilty of an offence under this Act or any other law relating to gaming or of an offence against public trust; (x) has engaged in or been a ssociated with any other business practice or otherwise conducted himself in such manner as to cast doubt on his competence or soundness of judgement; or (xi) is otherwise not a fit and proper person to hold that office. (b) In determining whether a person is a fit and proper person, the Minister shall have regard to that person’s probity, competence and soundness of judgement for fulfilling the responsibilities of that office, to the diligence with which he i s fulfilling or is likely to fulfil those responsibilities, and t o whether the interests of any person are, or are likely to be, in any way th reatened by his holding of that office. (6) Subject to the provisions of this article, the office of a member of the Board shall become vacant: (a) at the expiry of his term of office; (b) if he resigns; (c) if any circumstances arise that disqualify such member from holding office as a member of the Board; or (d) if he is removed from office in terms of this article. (7) A member of the Board may be removed if: (a) such member is, in the opinion of the Minister, unfit to continue in office or ha s become incapable of properly performing his duties as a member; (b) the behaviour or performance of the member brings into question his suitability or ability to continue as a member, in particular for behaviour that affects or may affect his reputation, independence or autonomy, or the reputation, independence or autonomy of the Authority; (c) the member has been convicted of a criminal offence affecting public trust, or of theft or fraud, or of 38 [CAP. 583. GAMING knowingly receiving property obtained by theft or fraud, or of bribery or of money laundering, provided that the Minister may suspend the member if he is being investigated for a criminal offence; (d) the member fails to pe rform his duties for a prolonged period without any valid justification: Provided that notwithstanding the above, it shall be a cause for the removal of a member if that member, for any reason, fails to perform his duties including attending for Board meetings, for a continuous period exceeding six months; (e) if the member acts in contravention of sub- article (9); and, or (f) one or more of the grounds for ineligibility envisaged in sub-article (5) arises after that member’s appointment to the Board. (8) If a member resigns, or if the office of a member of the Board is otherwise vacant, or if a member is for any reason una ble to perform the functions of his office, the Minister may appoint a person who is qualified to be appointed as a member, to be a temporary member of the Board. Any person so appointed shall, subject to sub- articles (6) and (7) hereof, cease to be a member when a person has been appointed to fill the vacancy or, as the case may be, when the member who was unable to perform the functions of his office resumes those functions. (9) Any member of the Board who has any direct or indirect interest in any decision made or proposed to be made by the Boa rd in pursuance of its functions under this Act or any other law shal l disclose the nature of his interest at the first meeting of the B o a r d after the relevant facts have come to his knowledge. Such discl osure shall be recorded in the minutes of the Board, and the member h aving an interest as aforesaid shall withdraw from any meetings at wh ich such decision is discussed. Any such disclosure shall be communicated to the Minister without delay. Where the interest of the member is such as to disqualify him from holding office as a member of the Board, he shall report the fact immediately to th e Minister and tender his resignation. 2. (1) The meetings of the Boar d shall be called by the Chairperson as often as may be necessary, either of his own mot ion or at the request of two or m ore members of the Board: Provided that the Board shall meet as often as may be necessary, but not less th an five times every year. GAMING [CAP. 583. 39 (2) (a) The Chairperson and at least two other members of the Board shall form a quorum. Decisions shall be adopted by a simple majority of the votes of the members present and voting: Provided that, without prejudice to the other requirements of this Act, no decision shall be valid which is n ot supported by at least two members of the Board. (b) Each member of the Board shall be entitled to one vote: Provided that the Chairperson shall have an initial vote, and in the event of an equa lity of votes, a casting vote. (3) Subject to the provisions of this Act, the Board may regulate its own procedure. (4) Subject to the foregoing provisions of this article, no act or proceeding of the Board shall be invalidated merely by reaso n of the existence of any vacancy amon g its members. (5) All acts done by any person acting in good faith as a member of the Board shall be valid as if he were a member notwithstanding that some defect in his appointment or qualification be afterwards discovered. No act or proceeding of the Board sha ll be questioned by a member on the ground of the contravention, by a member, of article 1(9) of this Schedule. 3. (1) The Executive Committee shall be responsible for executing the policies decided upon by the Board and for ta king the necessary decisions in pursu ance thereof as well as decisio ns in furtherance of the day-to-day management of the Authority. (2) The Executive Committee shall be composed of the Chief Executive and the heads of t he Authority's directorates, and any other persons as necessary, all of whom shall be appointed by t he Board on the recommendation of the Chief Executive. (3) The members of the Executive Committee shall be appointed for such period as may be established by the Chief Executive in the letter of appointment. (4) The Executive Committee shall meet as often as may be necessary and, subject to the provisions of this Act, may regul ate its own proceedings. SECOND SCHEDULE (Article 58) 40 [CAP. 583. GAMING Detailing of public officers for duty with the Authority 1. (1) The Prime Minister may, at the request of the Authority, from time to time direct that any public officer sha ll be detailed for duty with the Authority in such capacity and with effect from such date as may be specified in the Prime Minister’s dire ction. (2) The period during which a direction as aforesaid shall apply to any officer specified therein shall, unless the office r retires from the public service or otherwise ceases to hold office at a n earlier date, or unless a different date is specified in such direction , cease to have effect after one year from the effective date of such dire ction unless the direction is revoked earlier by the Prime Minister. 2. (1) Where any officer is detailed for duty with the Authority under any of the provisions of article 1 of this Sche dule, such officer shall, during the time in which such direction has effect in relation to him, be under the administrative authority and c ontrol of the Authority but he shall, for other intents and purposes, remain and be considered and treat ed as a public officer. (2) Without prejudice to the generality of the foregoing, an officer detailed for duty as aforesaid: (a) shall not, during the time in respect of which he is so detailed: (i) be precluded from applying for a transfer to a department of the Government in accordance with the terms and conditions of service attached to the appointment under the Government held by him at a date on which he is so detailed for duty; or (ii) be so employed that his remuneration and conditions of service are less favourable than those which are attached to the appointment under the Government held by him at the date aforesaid or which would have become attached to such appointment, during the said period, had such officer not been detailed for duty with the Authority; and (b) shall be entitled to have his service with the Authority considered as service with the Government for the purposes of any pension, gratuity or benefit under the Pensions Ordinance and the Widows’ and Orphans’ Pension Act and of any other right or privilege to which he would be entitled, and shall be liable to any liability t o which he would be liable, b ut for the fact of his being detaile d for duty with the Authority. (3) Where an application is made as provided in sub-article (2)(a)(i), the same consideration shall be given thereto as if the GAMING [CAP. 583. 41 applicant had not been detailed fo r service with the Authority. (4) The Authority shall pay to the Government such contributions as may from time to time be determined by the Min ister in respect of the cost of pensions and gratuities earned by an officer detailed for duty with the Authority as aforesaid during the pe riod in which he is so detailed. 3. (1) The Authority may, with the approval of the Prime Minister, offer to any officer detailed for duty with the Authority under the provisions of article 1 of this Schedule, permanent employment with the Authority at a remuneration and on terms and conditions not less favourable than those enjoyed by such officer at the date of such offer. (2) The terms and conditions comprised in any offer made as aforesaid shall not be deemed to be less favourable merely b ecause they are not in all respects identical with or superior to thos e enjoyed by the officer concerned at the date of such offer, if such ter ms and conditions, taken as a whole, in the opinion of the Prime Minis ter offer substantially equiva lent or greater benefits. (3) Every officer who accepts permanent employment with the Authority offered to him under the provisions of sub-articl e (1) shall, for all purposes other tha n those of the Pensions Ordina nce and of the Widows’ and Orphans’ Pens ion Act, be deemed to have ceas ed to be in service with the Govern ment and to have entered into s ervice with the Authority on the date o f his acceptance, and for the p urposes of the said Ordinance and of the said Act, insofar as this appl ies in his case, service with the Authority shall be deemed to be service with the Government within the mea nings thereof respectively. (4) Every such officer as aforesaid who, immediately before accepting permanent employment with the Authority was entitled to benefit under the Widows’ and Or phans’ Pension Act, shall conti nue to be so entitled to benefit thereunder to all intents as if hi s service with the Authority were service with the Government. (5) The Authority shall pay to the Government such contributions as may from time to time be determined by the Min ister in respect of the cost of pensions and gratuities earned by an officer who has accepted permanent employment with the Authority as aforesaid during the period commencing on the date of such officer’s acceptance. 42 [CAP. 583. GAMING Amended by: L.N. 278 of 2019. THIRD SCHEDULE (Article 23) Criminal offences (a) Providing a gaming service and, or a critical gaming s u p p l y w h i c h r e q u i r e s a l i c e n c e , w i t h o u t t h e necessary licence issued by the Authority or another competent authority in the European Union or the European Economic Area, or aiding, abetting or otherwise facilitating such a provision. (b) Acting contrary to, or not adhering to the fullest extent possible to, an order issued by the Authority, howsoever named. (c) Committing one or more of the breaches envisaged in articles 29, 30, 32 and 33 of this Act. (d) Preventing, obstructing, or delaying any Police officer or any officer of the Authority lawfully authorised to enter any premises suspected to be used in contravention of any regulatory instrument, or giving an alarm or warning in case of such entry. (e) Using, transferring the possession of, sending or delivering to any person or place, acquiring, receiving, keeping, transporting, transmitting, altering, disposing of or otherwise dealing with, in any manner or by any means, any money, property (whether movable or immovable) or any proceeds of any such money or property with intent to conceal or convert that money o r p r o p e r t y o r t h o s e p r o c e e d s a n d k n o w i n g o r suspecting that all or a part of that money or property, or of those proceeds, was obtaine d or received, directly or indirectly, as a result of any act of commission or omission which constitutes an offence against this Act. (f) Failing to effect payments to players when lawfully due: Provided that where it is disputed whether a payment is lawfully due or otherwise, such payment will be deemed to be lawfully due for the purpose of this provision when there is a final binding decision to that effect by a competent court of law or dispute resolution entity. (g) Failing to ensure the integrity and availability of essential regulatory data. (h) Any other breach specified in any regulatory instrument GAMING [CAP. 583. 43 which is defined therein as giving rise to a criminal offence or an offence against this Act. FOURTH SCHEDULE (Article 59) PART A - Amendment of other enactments 1. Criminal Code - Cap. 9: The following provisions thereof shall be repealed: (a) article 379; and (b) the proviso to article 643. 2. Conduct Certificates Ordinance -  Cap. 77: In the Fourth Schedule thereof, for the words "Lotteries and Gaming Authority" there shall be substituted the words "Malta Gaming Authority", and for the words "Lotteries and Other Games Act" there shall be substituted the words "Gaming Act". 3. Racecourse Betting Ordinance - Cap. 78: The following provisions thereof shall be repealed: (a) articles 6 to 13, both inclusive; (b) paragraph (d) of article 14; (c) the second proviso to article 15; and (d) article 16. 4. Broadcasting Act -  Cap. 350: (a) Article 10(6C) thereof shall be repealed. (b) Immediately after paragraph (c) of sub- article (4) of article 16M thereof there shall be added the following new provisos: "Provided that notwithstanding the above, gambling products which are strictly related to a sporting event may be advertised on such programme throughout the duration of such event, subject to such restrictions and conditions as the Authority and, or the Malta Gaming Authority may impose thereon: 44 [CAP. 583. GAMING Provided further that n o t w i t h s t a n d i n g t h e f i r s t p r o v i s o hereof, if the Authority deems that, in the interest of public health and, or for the protection of minors and, or vulnerable persons as defined in the Gaming Definitions Regulations, 2018 the advertising envisaged in the first proviso hereof shall not occur, it may restrict and, or prohibit such advertising as it deems fit in its sole discretion.". 5. Services (Internal Market) Act -  Cap. 500: I n p a r a g r a p h ( g ) o f s u b - a r t i c l e ( 2 ) o f a r t i c l e 3 thereof, for the words "the Gaming Act and the Lotteries and other Games Act", there shall be substituted the words "the Gaming Act". 6. Registration of Clubs Regulations - S.L. 10.21 (a) In paragraph (b) of regulation 5 thereof, immediately after the word "gambling" there shall be added the words "and provided that he has verified that prior authorisation has been issued by the Malta Gaming Authority in terms of the Gaming Act"; and (b) Regulation 9 thereof shall be amended as follows: (i) in paragraph (d) thereof, immediately after the word "premises" there shall be added the words "provided that the Commissioner of Police has verified that prior authorisation has been issued by the Malta Gaming Authority in terms of the Gaming Act"; (ii) in paragraph (e) thereof, immediately after the word "gambling" there shall be added the words "provided that the Commissioner of Police has verified that prior authorisation has been issued by the Malta Gaming Authority in terms of the Gaming Act". 7. Fees leviable by Government Departments Regulations -  S.L. 35.01 The following provisions within the Schedule thereof shall be repealed: "Lotto (a) For a permit to hold a tombola or lottery, inclusive of the duty leviable ......... 0.17 Such fees shall be denoted by means of stamps to be affixed to the permit. GAMING [CAP. 583. 45 (b) Fee in respect of an application filed later than the term specified in regulation 7 of the Public Tombolas Regulations - exclusive of the fees payable under paragraph (a) above .................... 1.16". 8. Smoking in the Public Places Regulations -  S.L. 315.04 In paragraph (c) of sub-regulation (2) of regulation 4 thereof, for the words "Lotteries and Gaming Authority" there sh all be substituted the words "Malta Gaming Authority". 9. Satellite Television Broadcasting Licence (Empowerment) Order -  S.L. 350.13 Article 2 thereof shall be repealed. 10. Requirements as to Standards and Practice applicable to the Conduct of Competitions and the Award of Prizes -  S.L. 350.22 (a) Immediately after sub-paragraph (iv) of paragraph 1.2.2 of regulation 1 thereof there shall be added the following new paragraph: "1.2.3 Provided that in the exercise of this regulation, the Gaming Act and the regulatory instruments made thereunder applicable to it, shall be complied with."; (b) Immediately after paragraph 3.3 of regulation 3 thereof there shall be added the following new paragraph: "3.4 Provided that in the exercise of this regulation, the Gaming Act and the regulatory instruments made thereunder applicable to it, shall be complied with."; (c) Immediately after paragraph 4.1 of regulation 4 thereof there shall be added the following new paragraph: "4.2 Provided that in the exercise of this regulation, the Gaming Act and the regulatory instruments made thereunder applicable to it, shall be complied with."; (d) Immediately after paragraph 5.3 of regulation 5 thereof there shall be added the following new paragraph: 46 [CAP. 583. GAMING "5.4 Provided that in the exercise of this regulation, the Gaming Act and the regulato ry instruments made thereunder applicable to it, shall be complied with."; (e) Immediately after paragraph 6.2 of regulation 6 thereof there shall be added the following new paragraph: "6.3 Provided that in the exercise of this regulation, the Gaming Act and the regulatory instruments made thereunder applicable to it, shall be complied with."; (f) Immediately after sub-paragraph (iv) of paragraph 10.1 of regulation 10 thereof there shall be added the following new paragraph: "10.2 Provided that in the exercise of this regulation, the Gaming Act and the regulatory instruments made thereunder applicable to it, shall be complied with."; (g) Immediately after paragraph 11.1 of regulation 11 thereof there shall be added the following new paragraph: "11.2 Provided that in the exercise of this regulation, the Gaming Act and the regulato ry instruments made thereunder applicable to it, shall be complied with.". 11. Requirements as to Advertisements, Methods of Advertising and Directions Applicable to Gambling Advertisements -  S.L. 350.25 (a) In paragraph 2.2 of regulation 2 thereof, the words "since any such advertising is prohibited in terms of article 49 of the Gaming Act (Chapter 400 of the Laws of Malta)" shall be deleted; (b) In paragraph 4.1 of regulation 4 thereof, the first reference to the words "the Lotteries and Other Games Act" shall be deleted, and for the words "Lotteries and other Games Act or any subsidiary legislation made thereunder" there shall be substituted the words "Gaming Act or a ny other regulatory instruments issued thereunder"; (c) Immediately after sub-paragraph (xvii) of paragraph 5.4 of regulation 5 thereof there s h a l l b e a d d e d t h e f o l l o w i n g n e w paragraph: GAMING [CAP. 583. 47 Amended by: L.N. 418 of 2018. PART B - Revocation of other enactments The following subsidiary legislation is being revoked: -t h e Betting on the Result of Football Matches Order - S.L. 9.02; -t h e Importation of Mechanical Gambling Contrivances Regulations - S.L. 37.03; -t h e Permits application for Lotteries, Tombolas or Small Games Regulations - S.L. 70.01; -t h e Public Tombolas Regulations - S.L. 70.02; -t h e Public Lotto Regulations - S.L. 70.03; -t h e Racecourse Betting (Use of Totalisator) Rules -  S.L. 78.01. "5.5 Without prejudice to the generality of the foregoing, in the exercise of this provision, the Code of Commercial Communications, howsoever named, as issued by the Malta Gaming Authority shall be complied with.".