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Maltese Laws |
AN ACT to amend the Lotteries and Other Games Act.
BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same, as follows:
(Amendment) Act, 2009.
Short title.
Amendment of the Lotteries and other Games Act. Cap. 438.
Amendment of article 2 of the principal Act.
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(a) in the definition "gaming device", for the words "or in gaming, and includes a totalisator, a VLT, a VLT central
computer, a tombola scorecard and a tombola scoresheet;", there shall be substituted the words "or in gaming;";
(b) immediately after the definition "gaming device" there shall be added the following new definition:
" "hosting" shall mean the placing of, or the allowing, suffering or otherwise placing of, in premises accessible to
the public; and the term "host" shall be construed accordingly;";
(c) for the definition "licensee" there shall be substituted the following:
" "licensee" means any person holding a licence issued by the Authority under this Act;";
(d) in the definition "other games" the words "VLT
games operated by VLT licensees," shall be deleted;
(e) in the definition "relevant gaming device" for the words "in gaming, and includes a totalisator, a VLT and
a VLT central computer;", there shall be substituted the words "in gaming;";
(f) in the definition "small game", the words "two hundred and thirty-two euro and ninety-four cents (232.94)"
shall be substituted by the words "two hundred and thirty-five euro (235.00)"; and
Amendment of article 7 of the principal Act.
(g) the definitions "Video Lottery Terminal", "VLT", "VLT central computer", "VLT CPU", "VLT game", "VLT licence", "VLT licensee" and "VLT payout voucher" shall be deleted.
"Importation, etc., of relevant gaming devices", there shall be
substituted the words "Placing on the market, etc., of relevant gaming devices";
(b) in subarticle (1) thereof, for the words "shall place on the market, manufacture, maintain or supply any relevant gaming
device," there shall be substituted the words "shall manufacture, assemble, repair, service, place on the market,
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distribute, supply, sell, lease, transfer, make available for use, host or operate any relevant gaming device," and immediately
after the words "in respect of such relevant gaming device" there shall be added the words "or such activity";
(c) in subarticle (2) thereof, for the words "to place on the market, manufacture, maintain or supply a relevant gaming
device," there shall be substituted the words "to manufacture, assemble, repair, service, place on the market, distribute,
supply, sell, lease, transfer, make available for use, host or operate any relevant gaming device," and for the words "cancellation
or suspension of" there shall be substituted the words "cancellation or suspension of, or the imposition of any condition
on,"; and
(d) in subarticle (3) thereof, for the words "places on the market, manufactures, maintains or supplies, or in any way aids
or abets the importation, manufacture, maintenance or supply of, a relevant gaming device in contravention of subarticle (1),"
there shall be substituted the words "contravenes, or in any way aids or abets a person to contravene, the provisions of subarticle
(1),".
of age shall be guilty of an offence." there shall be substituted
the words:
"eighteen years of age shall be guilty of an offence: Provided that in the case of the offering for
sale or the sale of the National Lottery under a National Lottery licence currently in force at the time of the coming into force
of this proviso, the age prohibition shall be sixteen years instead of eighteen years."; and
(b) in subarticle (2) thereof, for the words "under the age of sixteen years," there shall be substituted the words
"under the age referred to in subarticle (1),".
Amendment of article 8 of the principal Act.
Amendment of article 11 the principal Act.
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Amendment of article 18 of the principal Act.
(a) in subarticle (1) thereof -
(i) immediately after the words "from time to time be given" there shall be added the words "by means of regulations
made under this Act or";
(ii) in paragraph (a) thereof -
1. immediately after the words "any gaming device," there shall be added the words "amusement machine,"
and immediately after the words "whatsoever related to games," there shall be added the words "amusement games,"
and immediately after the words "the operation of games" there shall be added the words "or amusement games";
2. in subparagraph (i) thereof, for the words "to produce such device, books" there shall be substituted the words
"to produce such gaming device, amusement machine, books";
3. in subparagraph (ii) thereof, immediately after the words "relating to the gaming device," there shall be added the
words "games, amusement machine, amusement games,";
(iii) in paragraph (b) thereof -
1. immediately after the words "on behalf of a licensee", there shall be added the words "or any other
person";
2. in subparagraph (i) thereof, for the words "the operation of authorised games" there shall be substituted the
words "the operation of games or amusement games";
3. in subparagraph (ii) thereof, for the words "to the operation of authorised games" there shall be substituted
the words "to the operation of games or amusement games";
(iv) in paragraph (c) thereof, for the words "any
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gaming device, inspect such book or document, and take copies of, or make notes in relation to, such book or document, relating to
the operation of games as the inspector" there shall be substituted the words "any gaming device or amusement machine,
inspect such book, document or records, and take copies of or make notes in relation to such book, document or records, relating
to the operation of games or amusement games, as the inspector";
(v) in paragraph (d) thereof, for the words "to direct a licensee," there shall be substituted the words "to direct
any licensee or any person whom the inspector reasonably suspects to be in breach of this Act or any regulations made thereunder,";
for the words "sale of authorised games, any gaming device that" there shall be substituted the words "sale of games
or amusement games, any gaming device or amusement machine that"; and for the words "which it is intended;" there
shall be substituted the words "which it is intended or is not otherwise in conformity with the provisions of this Act
or any regulations made thereunder;";
(vi) in paragraph (e) thereof, immediately after the words "of a game" there shall be added the words "or an
amusement game";
(vii) in subparagraph (ii) of paragraph (f) thereof, immediately after the words "of a licensee" there shall be added the
words "or any person operating, promoting or selling games or amusement games," and for the words "his duties; and"
there shall be substituted by the words "his duties;";
(viii) in paragraph (g) thereof, for the words "evidence of his age," there shall be substituted the words "evidence
of his age;";
(ix) immediately after the paragraph (g) thereof, there shall be added the following new paragraphs:
"(h) to disable or otherwise prevent the use of a gaming device or amusement machine where the inspector considers that such
gaming device or amusement machine, or any person operating or hosting such gaming device or amusement machine, is not in conformity
with any provision of this Act, regulations issued thereunder or
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conditions of any licence; and
(i) to remove any gaming device or amusement machine and any equipment and, or software connected thereto, from their current location
to another location approved and designated by the Authority for the purpose of conducting inspections, testing or examinations on
such gaming device, amusement machine, equipment and, or software."; and
Amendment of article 19 of the principal Act.
(b) in subarticle (3) thereof, for the words "hinders or fails" there shall be substituted the words "hinders, obstructs or otherwise interferes with, or knowingly makes a false or misleading written or oral statement or produces a false document to, an inspector, and any person who fails" and for the words "his duties under subarticle (1) or under article 19," there shall be substituted the words "his duties,".
(a) immediately after the words "place where games" there shall be added the words "or amusement games" and
for the words "sale, or where games are being organised or operated," there shall be substituted the words "sale,
organised, operated or are otherwise made available to the public,";
(b) in paragraph (b) thereof, for the words "of licensees or of sellers of games" there shall be substituted the words
"of licensees, sellers or operators of games";
(c) paragraphs (c), (d) and (e) thereof shall be renumbered as paragraphs (d), (e) and (f) respectively;
(d) immediately after paragraph (b) thereof, there shall be added the following new paragraph:
"(c) observing any of the operations of licensees, sellers or operators of amusement games;"; and
Amendment of article 20 of the principal Act.
(e) in paragraph (d) thereof, as renumbered, for the words "of licensees or of sellers of games or of games" there shall be substituted the words "of licensees, sellers or operators of games or amusement games".
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"or amusement game".
(a) for the words "to a fine (multa) of not less than six thousand and nine hundred and eighty-eight euro and twelve cents (6,988.12) and not more than two hundred and
thirty-two thousand and nine hundred and thirty-seven euro and thirty-four cents (232,937.34)" there shall be substituted the
words "to a fine (multa) of not less than seven thousand euro (€7,000.00) and not more than two hundred and thirty-five thousand euro (€235,000.00)";
(b) in the first proviso thereof, for the words "fine (multa) of not less than eleven thousand and six hundred and forty-six euro and eighty-seven cents (11,646.87) and not more than three hundred
and forty-nine thousand and four hundred and six euro and one cent (349,406.01)," there shall be substituted the words "fine
(multa) of not less than twelve thousand euro (€12,000.00) and not more than threehundred and fifty thousand euro (€350,000.00),";
and
(c) in the third proviso thereof, for the words "a fine (multa) of not less than two hundred and thirty-two euro and ninety-four cents (232.94) and not more than six thousand and nine hundred
and eighty-eight euro and twelve cents (6,988.12), the applicable penalty shall be a fine (multa) of not less than two hundred and thirty-two euro and ninety-four cents (232.94) and not more than six thousand and nine hundred
and eighty-eight euro and twelve cents (6,988.12).", there shall be substituted the words "a fine (multa) of not less than two hundred and fifty euro (€250.00) and not more than seven thousand euro (€,0700.00), the applicable penalty
shall be a fine (multa) of not less than two hundred and fifty euro (€250.00) and not more thanseven thousand euro (€7,000.00).".
Repeal of article
42 of the
principal Act.
Amendment of article 60 of the principal Act.
Amendment of article 67 of the principal Act.
Amendment of article 68 of the principal Act.
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Amendment of article 69 of the principal Act.
(€235,000.00)" and the words "six thousand and ninehundred and eighty-eight euro and twelve cents (6988.12)" shall be substituted by the words "seven thousand euro (€7000.00)".
(a) in subarticle (1) thereof, immediately after the words "any gaming device" there shall be added the words
"or amusement machine" and immediately after the words "or a licence" there shall be added the words "or
an authorisation";
(b) in subarticle (2) thereof -
(i) in paragraph (a) thereof, immediately after the words "tamper with any gaming device" there shall be added
the words "or amusement machine" and immediately after the words "or any licence" there shall be added
the words "or authorisation";
(ii) in paragraph (b) thereof, for the words "tampered with gaming device or licence.", there shall be substituted the
words "tampered with a gaming device, amusement machine, licence or authorisation."; and
Amendment of article 70 of the principal Act.
Amendment of article 72 of the principal Act.
Amendment of article 73 of the principal Act.
(c) in subarticle (3) thereof, for the words "Furthermore, any gaming device or licence", there shall be substituted the words "Furthermore, any gaming device, amusement machine, licence or authorisation".
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(a) in subarticle (1) thereof, for the words "or any Part thereof." there shall be substituted the words "or any
regulations made thereunder.";
(b) in subarticle (2) thereof, for the words "this Act or any Part thereof shall" there shall be substituted the words
"this Act or any regulations made thereunder shall"; and
(c) immediately after subarticle (2) thereof, there shall be added the following new subarticles:
"(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).
Amendment of article 74 of the principal Act.
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Cap. 9.
Cap. 9.
Cap. 9.
(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.".
Addition of new article 76A in the principal Act.
"Power of the Authority to issue directives.
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.".
Amendment of article 78 of the principal Act.
(a) in subarticle (2) thereof -
(i) in paragraph (a) thereof, for the words "the issue, suspension and cancellation of a licence under this Act" there
shall be substituted the words "the issue, imposition of conditions on, suspension, and cancellation of any licence under this
Act" and for the words "in case of the cancellation or suspension of" there shall be substituted the words "in
case of the suspension or cancellation of";
(ii) in paragraph (b) thereof, for the words "games, including the payment of stakes and, or prizes in games;",
there shall be substituted the words "games, specified categories of games or specified games, and all matters related thereto
including the payment of stakes,
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payout percentages and, or prizes or winnings in games;";
(iii) paragraph (c) thereof shall be substituted by the following paragraph:
"(c) 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;";
(iv) in paragraph (h) thereof, for the words "one million and one hundred and sixty-four thousand and six hundred and eighty-six
euro and seventy cents (1,164,686.70)", there shall be substituted the words "one million and one hundred and sixty-five
thousand euro (€1,165,000)";
(v) in paragraph (i) thereof, for the words "at any time; and" there shall be substituted the words "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;";
(vi) paragraph (j) thereof shall be renumbered as paragraph (o);
(vii) immediately after paragraph (i) thereof, there shall be added the following new paragraphs:
"(j) limit the number of licences referred to in article 7(1) which may be granted and be in
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force at any time;
(k) 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;
(l) 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;
(m) 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;
(n) 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";
(b) in subarticle (5) thereof -
(i) for the words "to regulate the placing on the market, manufacture, supply, maintenance, use, operation, control and supervision
of, and other matters relating to, amusement machines or specified categories of amusement machines or specified amusement machines
and," there
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shall be substituted the words "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 specified amusement games, and";
(ii) in paragraph (a) thereof, for the words "may only be placed on the market, manufactured, supplied, maintained and, or
operated by a person" there shall be substituted the words "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";
(iii) in paragraph (c) thereof, for the words "and, or the placing on the market, manufacture, supply, maintenance, use and,
or operation thereof be, or be made, under the supervision of the Authority and of inspectors;", there shall be substituted
the words:
"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;";
(iv) in paragraph (d) thereof, for the words "in respect of the placing on the market, manufacture, supply, maintenance, use
and, or operation of such" there shall be substituted the words "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";
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(v) in paragraph (e) thereof, for the words "the sale, purchase, placing on the market, supply and, or manufacture" there
shall be substituted the words "the manufacturing, placing on the market, distribution, supply, sale, transfer, making available
for use, use, and, or purchase";
(vi) paragraph (g) thereof shall be substituted by the following paragraph:
"(g) 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;";
(vii) in paragraph (h) thereof, for the words "games are played fairly.", there shall be substituted the words
"games are played fairly; and"; and
(viii) immediately after paragraph (h) thereof, there shall be added the following new paragraph:
"(i) 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."; and
(c) in subarticle (8) thereof, the words "two hundred and thirty-thousand and nine hundred and thirty-seven euro and thirty-four
cents (232,937.34)" shall be substituted by the words "two hundred and thirty-five thousand euro (€235,00.00)" and
the words "provisions of such regulations." shall be substituted by the words "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.".
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Repeal of Fifth Schedule to the principal Act.
Repeal of Government Lotteries Act. Cap. 292.
Repeal of Government Lotteries Act. Cap. 292.
Amendments to the Trading Licences Act. Cap. 441.
Amendment of article 21 of the principal Act.
Cap. 438. Cap. 70.
"Provided that the holding of small games and tombola shall, in addition, be subject to obtaining any licence or authorisation
which may be required under the Lotteries and Other Games Act, or the Public Lotto Ordinance, as the case may be.".
Passed by the House of Representatives at Sitting No. 177 of the
14th December, 2009.
LOUIS GALEA
Speaker
PAULINE ABELA
Clerk to the House of Representatives
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