LOTTERIES AND OTHER GAMES g CAP. 438.  1
CHAPTER 438
LOTTERIES AND OTHER GAMES ACT
To make provision for the regulation of lotteries and other games and gaming operations in
Malta, for the setting up of a Lotteries and Gaming Authority, and for any other purposes
connected therewith including the amendment and consolidation of existing laws relating
thereto.
2nd September, 2002
ACT XXIV of 2001.
ARRANGEMENT OF ACT
Articles
PART I Preliminary 1
PART II Definitions 2
PART III  General Principles 3-8
PART IV  Establishment and Functions of the Lotteries and Gaming
Authority 9-20
PART V  Officers and Employees of the Authority 21-25
PART VI  The National Lottery 26-36
PART VII  Other Games 37-43
PART VIII   Approval of Racecourses and Racing Clubs and
Appointment of Racecourse Control Boards 44-46
PART IX   Provision of Money for Gaming 47-49
PART X   Financial Provisions 50-62
PART XI   Transfer of Certain Assets to the Authority 63-66
PART XII   Offences and Penalties 67-74
PART XIII   Supplemental Provisions 75-80
SCHEDULES 
First Schedule  Non-profit games
Second Schedule  Commercial tombola games in tombola (bingo) halls
Third Schedule  Commercial communication games
Fourth Schedule  Broadcasting media game
Fifth Schedule  VLT games and VLTs
Sixth Schedule  Racecourse bets and sweepstakes
Seventh Schedule  Amendments to enactments
Eighth Schedule  Amendments to enactments
Ninth Schedule  Constitution and proceedings of a Racecourse Control Board
2 g CAP. 438. LOTTERIES AND OTHER GAMES
PART I - PRELIMINARY
Short title. 1. The short title of this Act is the Lotteries and Other Games
Act.
PART II - DEFINITIONS
Interpretation. 2. (1) In this Act, unless the context otherwise requires:
"amusement game" means a game played by means of an
amusement machine;
"amusement machine" means any type of machine, whether
operated electrically, electronically, mechanically, manually or
otherwise, used for the purpose of playing games exclusively for
amusement purposes and not for gambling purposes, and which is
operated by the insertion of money or any amusement machine
token and where in the operation thereof a successful player neither
receives nor is offered any benefit other than the opportunity, if
any, afforded by the automatic action of the machine to play the
game again without the insertion of other money or amusement
machine tokens;
"amusement machine token" means a device which can be
bought for insertion in amusement machines instead of money, for
the operation of such machines;
"approved meeting" means a meeting at which horse races and,
or dog races, other than trial races, are held on an approved
racecourse with the approval of the respective Racecourse Control
Board appointed in respect of such approved racecourse under
article 46;
"approved racecourse" means any racecourse and any ground
adjacent thereto, in respect of which racecourse and adjacent
ground there is a valid certificate of approval issued by the Minister
responsible for sport under article 44;
"approved racing club" means a racing club in respect of which
there is a valid certificate of approval issued by the Minister
responsible for sport under article 45;
"authorised game" means a game authorised by the Authority to
be operated by a licensee in terms of its licence or a game operated
by persons or other entities exempted from any licencing or
authorisation requirement or permitted to operate such game
without the need of any licence or authorisation in terms of this Act
or regulations made thereunder; 
"Authority" means the Lotteries and Gaming Authority
established under article 9;
"bet" means a game in which the player is required to forecast
any result or outcome in respect of one event or a set of events; and
"betting" shall be construed as the playing of a bet;
"broadcasting media game" means any game which is organised
by the owner or operator of a radio or television station, or a sub-
contractor thereof, where the participation of players therein takes
place by or as a result of their presence during the transmission or
LOTTERIES AND OTHER GAMES g CAP. 438.  3
the recording of the programme during which such game is
organised or by any intervention on their part by any means of
distance communication during or after the transmission or the
recording of the programme during which such game is organised<
and "broadcasting media game licence" means a licence to operate
a broadcasting media game granted by the Authority to the owner
or operator of a radio or television station or a sub-contractor
thereof under article 41, and "broadcasting media game licensee"
shall be construed accordingly;
"Chairman" means the Chairman of the Authority, and includes
the Deputy Chairman or other person appointed to act as Chairman
as mentioned in the circumstances contemplated in article 9(3);
"Chief Executive" means the Chief Executive appointed under
article 14(1);
"commercial communication game" means a game which is
organised with the purpose to promote or encourage the sale of
goods or services, and which does not constitute an economic
activity in its own right, and where any payments required to be
made by the participant serve only to acquire the promoted goods
or services and not to participate in the game, although it may be a
condition that a person purchases the promoted goods or services in
order to participate in the game; and "commercial communication
game licence" means a licence to operate a commercial
communication game granted by the Authority to a person under
article 40, and "commercial communication game licensee" shall be
construed accordingly;
"commercial tombola game" means any tombola game, other
than a tombola game operated by a non-profit organization in terms
of a non-profit game licence;
"Directorates" means such directorates as the Authority may
establish under article 13;
"financial year" means any period of twelve months ending on
the 31st December of any year:
Provided that the first financial year of the Authority shall
commence on the coming into force of Part IV and shall end on the
31st December of the next following year;
"game" means and includes, except for the purposes of the
definitions of "amusement machine" and "amusement game" in this
subarticle, a game of chance and a game of chance and skill, but
does not include (i) a sport event, although it includes a sport bet
and any other game of chance and game of chance and skill the
operation or playing of which depends on a sport event or a set of
sport events or the result or outcome thereof and (ii) an amusement
game;
"game of chance" means a game for money and, or prizes with a
monetary value, the results of which are totally accidental;
"game of chance and skill" means a game for money and, or
prizes with a monetary value, the results of which are not totally
accidental but depend, to a certain extent, on the skill of the
participant;
4 g CAP. 438. LOTTERIES AND OTHER GAMES
"gaming device" means any electrical, electronic or mechanical
device, ticket or any other thing which is used or intended for use
in connection with the operation, promotion or sale of a game and,
or in gaming, and includes a totalisator, a VLT, a VLT central
computer, a tombola scorecard and a tombola scoresheet;
Cap. 426.
"information society service" shall have the same meaning
assigned to it in article 2(1) of the Electronic Commerce Act;
"inspector" means a person appointed by the Authority under
article 17 to be an inspector;
"licensee" means and includes a National Lottery licensee and
any other games licensee;
"lottery" means any game of chance where prizes are distributed
by lot or chance among participants in the game;
"means of distance communication" includes any means which
may be used for the communication, transmission, conveyance and
receipt of information (including information in the form of data,
text, images, sound or speech) or for the conclusion of a contract
between two or more persons; without the simultaneous physical
presence of those persons; such means may be unaddressed or
addressed printed matter, a standard letter, press advertising with
an order form, a catalogue, telephone with human intervention
(including phone-ins during radio and television programmes) or
without human intervention (such as automatic calling machine,
audiotext), radio, videophone (telephone with screen), videotext
(microcomputer and television screen) with keyboard or touch
screen, electronic mail, facsimile machine (fax), and television
(teleshopping), and any other means of communication,
transmission, conveyance and receipt of information by wire, radio,
optical means, electromagnetic means or by any electronic means; 
"Minister" means the Minister of Finance;
"National Lottery" means generally all such games as are
prescribed to form part of the National Lottery by virtue of
regulations under this Act, and the terms and conditions of which
and other matters relating thereto are also prescribed by regulations
or in the National Lottery licence; and "National Lottery licence"
means a licence to operate the National Lottery granted under
article 26(3) to a company registered in Malta, and "National
Lottery licensee" shall be construed accordingly;
"non-profit game" means a game organised by a non-profit
organization, the net proceeds of which are intended for a religious,
sports, philanthropic, cultural, educational, social or civic purpose
or for any other purpose as the Minister may by order in the Gazette
prescribe; and "non-profit game licence" means a licence to operate
a non-profit game granted by the Authority to a non-profit
organization under article 37, and "non-profit game licensee" shall
be construed accordingly;
"non-profit organization" means any non-profit organization
domiciled in Malta such as religious societies, band clubs, youth
movements, cultural societies, literary societies, clubs promoting
arts, sports clubs and sports associations, charitable societies,
LOTTERIES AND OTHER GAMES g CAP. 438.  5
philanthropic societies, political party clubs and political parties,
trades union, social clubs or any other association or body of
persons or individual person pursuing objectives of a religious,
philanthropic, cultural, educational, social or civic nature, and
approved in writing as a non-profit organization by the Authority
for the purposes of this Act, and in respect of which such approval
has not been revoked;
"other games" means and includes non-profit games operated by
non-profit game licensees, commercial tombola games operated by
tombola (bingo) hall licensees, commercial communication games
operated by commercial communication game licensees,
broadcasting media games operated by broadcasting media game
licensees, VLT games operated by VLT licensees, and racecourse
bets and sweepstakes operated by racecourse betting licensees, in
terms of their respective licence and under such terms and
conditions as may be prescribed by virtue of regulations, or by their
respective licence; and "other games licensee" shall be construed
accordingly;
"public officer" has the same meaning assigned to it by article
124 of the Constitution, but does not include a judge or a magistrate
of the courts;
"qualifying shareholding" means a direct shareholding in a
company which represents five  per centum  or more of the share
capital issued by such company or of the voting rights attaching to
such share capital or which makes it possible to exercise a
significant influence over the management of the company, and
"qualifying shareholder" shall be construed accordingly;
"racecourse" means any ground used or intended for use for the
purpose of racing with horses and, or dogs thereon;
"racecourse bet" means a bet on a horse race or races or on a dog
race or races conducted on a racecourse; and "racecourse betting"
shall be construed as the playing of a racecourse bet;
"racecourse betting licence" means a licence to operate
racecourse bets and, or sweepstakes granted by the Authority to an
approved racing club or other person under article 43, and
"racecourse betting licensee" shall be construed accordingly;
"Racecourse Control Board" means a Racecourse Control Board
appointed in respect of an approved racecourse by the Minister
responsible for sport under article 46;
"racing club" means and includes a club, organisation, company
or any other association or body of persons which has as its object
or as one of its objects the organisation and conduct of horse races
and, or dog races on a racecourse, whether such club, organisation,
company, association or body is the owner of such racecourse or
not, and where a racecourse is owned by an individual, it includes
that individual;
"relevant gaming device" means any electrical, electronic or
mechanical device which is used or intended for use in connection
with the operation, promotion or sale of a game and, or in gaming,
and includes a totalisator, a VLT and a VLT central computer;
6 g CAP. 438. LOTTERIES AND OTHER GAMES
"seasonal tombola (bingo) hall licence" means a tombola (bingo)
hall licence which is issued for such effective term as provided in
item 1(2) of the Second Schedule, and which is renewable for such
further periods as provided in item 1(3) thereof; and "seasonal
tombola (bingo) hall licensee" shall be construed accordingly; 
"small game" means any game wherein the aggregate retail value
of all prizes which can be won in such game does not exceed the
amount of one hundred liri or such lesser amount as may be
prescribed in respect of small games or a specified small game or
games by the relevant regulations made under article 78(2)( g );
"sport bet" means a bet on a sport event or a set of sport events
and includes a racecourse bet;
"stake" means the economic value which the player of a game, or
any third party on his behalf, has to commit in order for the player
to participate in such game and which he can lose, wholly or in
part, following the result of the game;
"sweepstake" means a game connected with a horse race or races
conducted on a racecourse which is played as provided in item 1 of
the Sixth Schedule;
Cap. 386.
"subsidiary" has the same meaning as is assigned to the term
"subsidiary undertaking" by the Companies Act;
"tombola game" means a game of chance, also known as "bingo",
in which the player uses a tombola scoresheet or a tombola
scorecard or an electronic representation thereof bearing numbers,
symbols or pictures, and is played by the player marking, covering
or revealing such numbers, symbols or pictures as are identical to
numbers, symbols or pictures drawn by chance, whether manually
or electronically, and won by the player who first marks, covers or
reveals a previously designated arrangement of numbers, symbols
or pictures on his tombola scoresheet or tombola scorecard; 
"tombola (bingo) hall" means such premises in respect of which
a tombola (bingo) hall licence has been granted to a company
registered in Malta to hold commercial tombola games therein; and
"tombola (bingo) hall licence" means a licence to operate
commercial tombola games in a tombola (bingo) hall granted by the
Authority under article 38 to a company registered in Malta and
includes a yearly tombola (bingo) hall licence and a seasonal
tombola (bingo) hall licence, and "tombola (bingo) hall licensee"
shall be construed accordingly; 
"tombola (bingo) session" means a pre-established period of time
during which a number of tombola games are held;
"tombola scorecard" means the unit of a tombola game on which
some of the numbers, symbols or pictures participating in such
tombola game are printed or otherwise electronically represented,
and by which a player may participate in such tombola game,
depending on the rules of such tombola game;
"tombola scoresheet" means a combination of tombola
scorecards on which all the numbers, symbols or pictures
participating in a tombola game are printed or otherwise
electronically represented, and by which a player participates in
LOTTERIES AND OTHER GAMES g CAP. 438.  7
such tombola game;
"totalisator" means the contrivance for racecourse betting known
as the totalisator of pari-mutuel, or any other device or instrument
of a like nature which is used or intended for use in connection with
racecourse betting, whether operated electrically, electronically,
mechanically, manually or otherwise;
"Video Lottery Terminal" or "VLT" means a gambling machine
for the playing of a game or a number of games where the winning
chances mainly depend on chance and where the winning
combination is determined through a random number or symbol
generator installed in the machine itself, which delivers winnings
only in the form of VLT payout vouchers, which is connected to a
VLT central computer and which contains at least the following
components, namely a protective cabinet divided into separate parts
(such as the VLT CPU, printer unit, and the cashbox) with unique
locking devices to the said different parts, a video display unit, a
CPU which processes the game or different games which can be
played by means of the VLT, a slot for coins and, or banknotes or
other means of receiving payment of the relevant stake, a cashbox,
a printer or other means of producing legible data on documentary
format and an electronic link to the VLT central computer;
"VLT central computer" means a computer system operated by
the VLT licensee to which all activated VLTs in the system must be
connected, and which is able to register all gaming taking place
through such VLTs and to supervise all operations carried out in or
through such VLTs and to store and provide reports and
information on the aforesaid matters and any other functions as
may be prescribed by regulations made under this Act;
"VLT CPU" means one or several printed circuit cards in the
VLT which can be programmed or are equipped with exchangeable
programmes or memories;
"VLT game" means a game played by means of a VLT; and
"VLT licence" means a licence to operate VLT games and gaming
through a VLT or VLTs granted by the Authority under article 42
to a company registered in Malta, and "VLT licensee" shall be
construed accordingly;
"VLT payout voucher" means a ticket or other document,
containing such information and characteristics as may be
prescribed by regulations or in the relevant VLT licence, which is
not money and which is produced by the VLT itself to a winner of a
VLT game and which is exchanged or redeemed for the actual prize
or prizes of such game against presentation of such ticket or
document through means which are separate from and not
incorporated in the VLT itself after any applicable validation and,
or authenticity tests (whether by means of devices installed in the
VLT itself or otherwise) are carried out;
"yearly tombola (bingo) hall licence" means a tombola (bingo)
hall licence which is issued for such effective term as provided in
item 1(1) of the Second Schedule, and which is renewable for
further periods of one year each as provided in item 1(3) thereof;
and "yearly tombola (bingo) hall licensee" shall be construed
8 g CAP. 438. LOTTERIES AND OTHER GAMES
accordingly.
Cap. 400.
Cap. 263.
(2) Except as otherwise expressly provided in this Act, nothing
in this Act shall prejudice the operation of, or shall be deemed to
substitute or to derogate any of the provisions of, the Gaming Act
and the Prevention of Corruption (Players) Act. 
(3) In this Act and in any regulations made thereunder, if there
is any conflict between the English and Maltese texts, the English
text shall prevail. 
PART III - GENERAL PRINCIPLES
Games which can 
be played by 
persons in Malta.
3. (1) Any game which is not an authorised game, or which is
not authorised to be operated under any law in Malta other than this
Act and regulations made thereunder, is prohibited from being
played by any person in Malta.
(2) The provisions of subarticle (1) also apply to any game
offered directly or indirectly from abroad or from Malta to persons
in Malta through a means of distance communication.
Game based on the 
result of games.
Cap. 400.
4. Without prejudice to the provisions of article 78(2)( g ), no
authorised game may be organised on the results of games operated
by the holder of a casino licence issued under the Gaming Act in
terms of such licence or by a licensee under this Act in terms of his
licence, or on the results of any game which is lawfully organised
outside Malta, without the prior approval in writing of the
Authority, and if such approval is given, the relevant authorised
game may then be organised as aforesaid only subject to such terms
and conditions as may be specified by the Authority in its approval,
which terms and conditions may  inter alia  make the approval
subject to the condition that the person to whom such approval is
given seeks and obtains the prior consent to so organise the
relevant authorised game from the casino licensee or the licensee
operating the game on the results of which such relevant authorised
game is to be organised or, as the case may be, from the person
lawfully organising the game outside Malta on the results of which
game the relevant authorised game is to be organised:
Provided that in the case of authorised games operated by a
licensee, the aforesaid approval of the Authority and any relevant
terms and conditions may be incorporated in the respective licence
issued to such licensee.
Games which can 
be operated, etc., 
by persons in 
Malta.
5. Any game which is not an authorised game, or which is not
authorised to be operated under any law in Malta other than this
Act and regulations made thereunder, or which is not a game which
is operated by the holder of a permit granted under regulations
made under article 78(3) in terms of such permit, is prohibited from
being operated, promoted or sold by any person in Malta.
Offences against 
this Part.
6. It shall be an offence against this Act for any person to -
( a ) operate, promote, sell, or participate in, or in any way
to aid or abet the operation, promotion or sale of a
game in contravention of articles 3 or 4; or
( b ) operate, promote or sell or in any way to aid or abet
the operation, promotion or sale of a game in
LOTTERIES AND OTHER GAMES g CAP. 438.  9
contravention of article 5:
Cap. 426.
Provided that the liabilities and obligations of providers of
information society services in connection with games shall be
regulated by the provisions of articles 22 to 25 of the Electronic
Commerce Act, and nothing in this article or in any other provision
of this Act shall prejudice the operation of the said articles 22 to 25
of the Electronic Commerce Act.
Importation, etc., 
of relevant gaming 
devices.
7. * (1) No person shall import, manufacture, maintain or
supply any relevant gaming device unless such person is in
possession of a valid licence to this effect issued by the Authority
or unless such person is exempted from such licensing requirement
in respect of such relevant gaming device in terms of regulations
made under this Act.
(2) An application for a licence to import, manufacture
maintain or supply a relevant gaming device shall be made in such
form and manner required by the Authority or as prescribed by
regulations, and in granting such licence the Authority may subject
it to such conditions as it may deem appropriate or as may be
prescribed by regulations. The Authority may order the
cancellation or suspension of any such licence in such
circumstances as may be prescribed by regulations or in the said
licence.
(3) Any person who imports, 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), shall be guilty of an offence against
this Act.
Age prohibition.
person who offers for sale or sells any game to a person under the
age of sixteen years of age shall be guilty of an offence.
(2) It shall be a defence for any such person as is mentioned in
subarticle (1) to prove that he had requested and obtained from the
person under the age of sixteen years, documentary evidence
relating to his age, and that such evidence tendered by the
underaged person  prima facie  showed that he was not under the
prescribed age.
PART IV - ESTABLISHMENT AND FUNCTIONS OF THE 
LOTTERIES AND GAMING AUTHORITY
Establishment and 
composition of the 
Lotteries and 
Gaming Authority.
9. (1) There shall be a body, to be known as the Lotteries and
Gaming Authority, which shall consist of a Chairman and four
other members.
(2) The Chairman and the other members of the Authority shall
be appointed by the Minister for a term, being not more than three
years, as may be specified in the instrument of appointment, but the
members so appointed may be re-appointed on the expiry of their
term of office.
*in force as from 16th February, 2004, limitedly to the provisions relating to relevant
gaming devices for the National Lottery - see Legal Notice 74 of 2004.
10 g CAP. 438. LOTTERIES AND OTHER GAMES
(3) The Minister may designate one of the other members of
the Authority as Deputy Chairman and the member so designated
shall have all the powers and perform all the functions of the
Chairman during his absence or inability to act as chairman or
while the Chairman is on vacation or during any vacancy in the
office of chairman. The Minister may also, in any of the
circumstances mentioned above in this subarticle, appoint another
person to act as chairman and in such case, the foregoing
provisions of this subarticle shall apply in respect of such person. 
(4) A person shall not be qualified to be appointed or to hold
office as a member of the Authority if he -
( a ) is a Minister, Parliamentary Secretary or a member of
the House of Representatives;
( b )  is a judge or magistrate of the courts of justice;
( c ) has a financial or other interest in any enterprise or
activity directly involving games or gaming, or in a
licensee, which is likely to affect the discharge of his
functions as a member of the Authority;
( d ) is an undischarged bankrupt;
( e ) has been convicted of an offence punishable by
imprisonment for a period of six months or more;
( f ) has been found guilty of an offence under this Act or
any other Act relating to lotteries or gaming or of an
offence against public trust.
(5) Subject to the provisions of this article, the office of a
member of the Authority shall become vacant -
( a ) at the expiry of his term of office; or
( b ) if he resigns; or
( c ) if any circumstances arise that disqualify such member
from holding office as a member of the Authority; or
( d ) if he is removed from office in terms of this article.
(6) A member of the Authority may be removed from office by
the Minister if, in the opinion of the Minister, such member is unfit
to continue in office or has become incapable of properly
performing his duties as a member.
(7) If a member resigns or if the office of a member of the
Authority is otherwise vacant or if a member is for any reason
unable 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 Authority. Any person so appointed
shall, subject to the provisions of subarticles (5) and (6), cease to
be such 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.
(8) Any member of the Authority who has any direct or indirect
interest in any contract made or proposed to be made by the
Authority, not being an interest which disqualifies such member
from holding office as a member of the Authority, shall disclose the
LOTTERIES AND OTHER GAMES g CAP. 438.  11
nature of his interest at the first meeting of the Authority after the
relevant facts have come to his knowledge. Such disclosure shall
then be recorded in the minutes of the Authority, and the member
having an interest as aforesaid shall withdraw from any meetings at
which such contract 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 Authority, he shall report the fact immediately to the
Minister and tender his resignation.
Legal personality 
and representation 
of the Authority.
10. (1) The Authority shall be a body corporate having a
distinct legal personality and shall be capable, subject to the
provisions of this Act, of entering into contracts, of acquiring,
holding and disposing of any kind of property for the purposes of
its functions, of suing and being sued, and of doing all such things
and entering into all such transactions as are incidental or
conducive to the exercise or performance of its functions under this
Act, including the lending or borrowing of money.
(2) Without prejudice to the provisions of article 58, the legal
and juridical representation of the Authority shall vest in the Chief
Executive:
Provided that the Authority may appoint any one or more of
its members, officers or employees to appear, sign or otherwise act
in the name and on behalf of the Authority in any judicial
proceedings and, or in any act, contract, instrument or other
document whatsoever:
Provided further that in respect of any matter falling within
the functions vested in any Directorate by the Authority, the legal
and judicial representation of the Authority shall also vest in the
head of such Directorate and in such member, officer or employee
of the Authority, as the Authority may appoint or authorise for the
purpose.
(3) Any document purporting to be an instrument made or
issued by the Authority and signed by the Chief Executive, or by a
head of a Directorate in relation to any matter falling within the
functions vested in the relative Directorate by the Authority, shall
be received in evidence and shall, until the contrary is proved, be
deemed to be an instrument made or issued by the Authority. 
Functions of the 
Authority.
11. The functions of the Authority shall be -
( a ) to issue a National Lottery licence and licences to
operate other games and to supervise the operation of
licensees to ensure that licensees comply with the
terms and conditions of their licence and with the
provisions of this Act and of regulations made under
this Act and with any applicable directives issued by
the Authority in terms of this Act or regulations made
thereunder;
( b ) to issue permits to sellers of games forming part of the
National Lottery in terms of article 36;
( c ) to inquire into the suitability of licensees and the main
12 g CAP. 438. LOTTERIES AND OTHER GAMES
suppliers thereof, and to ensure that those involved in
the operation, promotion or sale of authorised games
operated by such licensees are fit and proper persons
to carry out their functions relative to such games;
( d ) to ensure that licensees publish the rules of the
authorised games operated by them in terms of their
licence in such manner as may be deemed appropriate
by the Authority;
( e ) to use all powers vested in it by this or any other law to
ensure that games and gaming are kept free from
criminal activity, and to prevent, detect and ensure the
prosecution of any offence against this Act, other than
an offence arising under any provision of Part VIII;
( f ) to ensure that authorised games are operated and
advertised fairly and in a responsible manner and in
accordance with the law;
( g ) to regulate by licence the importation, manufacture,
supply and maintenance of relevant gaming devices,
and to ensure that they are secure and satisfactory for
the use for which they are intended;
( h ) to supervise, attend and validate the draws of the
National Lottery and of such other authorised games as
it deems necessary;
( i ) to receive and investigate complaints by consumers
relating to games;
( j ) to advise the Minister on new developments, needs and
risks in gaming and to make such proposals as may be
deemed necessary or expedient to respond thereto;
( k ) to advise the Minister on the making of regulations;
( l ) to issue directives it is authorised to issue in terms of
this Act or of any other law or of regulations made
thereunder;
( m ) to perform any other function as may from time to time
be assigned to it by this Act or any other law or by
regulations made thereunder.
Relations between 
the Minister and 
the Authority.
12. (1) The Minister may in relation to matters that appear to
him to affect the public interest, from time to time give to the
Authority directions in writing of a general character, not
inconsistent with the provisions of this Act, on the policy to be
followed in the carrying out of the functions vested in the Authority
by or under this Act, and the Authority shall, as soon as may be,
give effect to all such directions.
(2) The Authority shall afford to the Minister facilities for
obtaining information with respect to its property and activities and
furnish him with returns, accounts and other information with
respect thereto, and afford to him facilities for the verification of
information furnished, in such manner and at such times as he may
reasonably require.
LOTTERIES AND OTHER GAMES g CAP. 438.  13
Conduct of the 
affairs of the 
Authority.
13. (1) Subject to the other provisions of this Act, the affairs
and business of the Authority shall be the responsibility of the
Authority itself but save as aforesaid, the executive conduct of the
Authority, its administration and organisation and the
administrative control of its officers and employees, shall be the
responsibility of the Chief Executive of the Authority, who shall
also have such other powers as may from time to time be delegated
to him by the Authority.
(2) The Authority may exercise its functions through
Directorates which may be established by it from time to time and,
for such purpose, it may vest in each of the Directorates so
established, and subject to the overall supervision and control of
the Chief Executive, such of its functions as relate or are ancillary
to the matters for which the said Directorate is responsible so as to
enable the said Directorate to give effect to the policies of the
Authority and to otherwise discharge effectively and efficiently the
functions of the Authority in its respective area of operation.
(3) Each of the Directorates so established shall be headed by a
person who shall either be a public officer detailed for duty with
the Authority or an employee of the Authority or a person detailed
to work for the Authority in accordance with an agreement made
between the Authority and a public or private undertaking, in either
case having adequate experience and knowledge in the area of
operation of the said Directorate.
(4) The Authority and each of the Directorates may exercise
any one or more of their functions either directly or through any of
the Authority’s officers or employees or agents or through an
agency authorised for the purpose, or through any other person with
whom an agreement for the performance of any one or more of such
functions has been entered into:
Provided that nothing in this subarticle shall authorise the
Authority to contract out any of its regulatory or licensing
functions, although the Authority may contract out any other of its
functions, or procure from any person any services, for the
purposes of carrying out its regulatory or licensing functions.
(5) Where in this Act anything is to be done by or against or
with respect to the Authority, or any notice is to be or may be given
by or to the Authority, any such thing or notice may also be done
by or against or with respect to or be given by or to the Directorate
under whose jurisdiction the matter falls by reason of a delegation
of functions to such Directorate by the Authority; and for the
purposes aforesaid any reference in this Act to the Authority
includes a reference to the appropriate Directorate.
Appointment of 
Chief Executive 
and heads of 
Directorates.
14. (1) The Chief Executive and the heads of the Directorates
shall be appointed by the Authority after consultation with the
Minister for such period as may be established by the Authority in
their letter of appointment:
Provided that the first Chief Executive shall be appointed
by the Minister.
(2) The conditions pertaining to the qualification for the
14 g CAP. 438. LOTTERIES AND OTHER GAMES
appointment of persons and to their holding office as members of
the Authority in article 9 shall also pertain to the appointment of,
and to the holding of office as, the Chief Executive and the heads of
the Directorates.
(3) The Chief Executive shall attend such meetings of the
Authority as requested by the said Authority, but shall not vote at
such meetings.
(4) The Chief Executive shall be responsible for the
implementation of the objectives of the Authority in the exercise of
its functions, and without prejudice to the generality of the
foregoing he shall -
( a ) assume full responsibility for the overall supervision
and control of the Directorates;
( b ) assign to each Directorate such duties which are by, or
in accordance with, the provisions of this Act vested in
such Directorate;
( c ) co-ordinate the workings of the Directorates;
( d ) develop the necessary strategies for the
implementation of the objectives of the Authority;
( e ) advise the Authority on any matter it may refer to him
or on any matter which he considers necessary or
expedient; and
( f ) perform such other duties as the Authority may assign
to him from time to time.
Provisions with 
respect to 
proceedings of the 
Authority.
15. (1) The meetings of the Authority shall be called by the
Chairman as often as may be necessary, but at least once a month,
either on his own initiative or at the request of any two of the other
members of the Authority.
(2) The Chairman and at least two other members of the
Authority shall form a quorum. Decisions shall be adopted by a
simple majority of the votes of the members present and voting.
The Chairman shall have an initial vote and in the event of an
equality of votes, a casting vote. Without prejudice to the other
requirements of this Act, no decision shall be valid which is not
supported by at least two members of the Authority.
(3) Subject to the provisions of this Act the Authority may
regulate its own procedure.
(4) Subject to the foregoing provisions of this article, no act or
proceeding of the Authority shall be invalidated merely by reason
of the existence of any vacancy among its members.
(5) All acts done by any person acting in good faith, as a
member of the Authority 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
Authority shall be questioned on the ground of the contravention,
by a member, of the provisions of article 9(8).
Powers of the 
Authority.
16. (1) Without prejudice to any power exercisable by virtue
LOTTERIES AND OTHER GAMES g CAP. 438.  15
of the provisions of this Act or of any other law, the Authority may
at any time serve on a licensee a notice requiring him, in such
manner and within such reasonable time as may be specified in the
notice, to produce or supply for inspection by or on behalf of the
Authority, any books, documents, information or any other thing
which the Authority knows, or has reasonable cause to believe, to
be in the possession of, or to be known to, the licensee for the
purpose of carrying out any of its functions under article 11.
(2) If without reasonable excuse any requirement imposed by a
notice served by virtue of subarticle (1) is not complied with, the
licensee shall be guilty of an offence under this Act.
Inspectors.
appoint inspectors who shall have such powers and functions as are
or may be assigned to them by or under this Act or any other law or
by or under regulations made thereunder. Inspectors may, in
carrying out their functions and in exercising their powers, be
assisted by or accompanied with such experts as the Authority may
direct.
(2) Inspectors so appointed shall be officers of the Authority
and shall act under the instructions of the Authority, acting through
the Chief Executive.
(3) The Authority shall cause to be issued to each inspector an
identity card which shall specify the name and appointment of the
inspector and contain a recent photograph of the inspector. 
(4) A person appointed to be an inspector shall, upon ceasing to
be an inspector, return his identity card to the Authority.
Powers of 
inspectors.
18. (1) An inspector shall, for the purpose of ascertaining that
the provisions of this Act, or of any regulations made thereunder,
or that the conditions of any licence issued thereunder are being
complied with, and that the full amount of fees, duty, tax or any
other sums payable under this Act or regulations made thereunder
are being paid, have the following powers and any other powers as
may from time to time be given by the Authority in consultation
with the Minister, namely:
( a ) to require, in writing or orally as he deems
appropriate, any person whom the inspector believes,
on reasonable grounds, to be in possession or have
under his control, any gaming device, books or any
other documents whatsoever related to games, the
operation of games or, generally, gaming -
(i) to produce such device, books or other
documents to the inspector for inspection or
testing; or
(ii) to attend before the inspector at a reasonable
time and place specified by the inspector and
there to answer such questions, or to supply such
information, relating to the gaming device,
books or documents as the inspector specifies;
( b ) to require, in writing or orally as he deems
16 g CAP. 438. LOTTERIES AND OTHER GAMES
appropriate, a licensee or a person acting on behalf of
a licensee -
(i) to produce to the inspector for inspection such
book or document or any other thing in his
custody or control relating to the operation of
authorised games as the inspector specifies; or
(ii) to attend before the inspector at a reasonable
time and place specified by the inspector and
there to answer such questions, to supply such
information, or to produce such book or
document or any other thing relating to the
operation of authorised games as the inspector
specifies;
( c ) to inspect or test any 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 considers
necessary;
( d ) to direct a licensee, in writing or orally as he deems
appropriate, not to use in relation to the operation,
promotion or sale of authorised games, any gaming
device that the inspector considers to be unsatisfactory
for the use for which it is intended;
( e ) to receive and, if the inspector thinks that it is
appropriate so to do, investigate a complaint with
respect to any aspect of the operation of a game and to
make a report of the result of such investigation to the
Authority;
( f ) to call to his assistance -
(i) another inspector; or
(ii) an employee of a licensee who, in the belief of
the inspector, is competent to assist the inspector
in the exercise of his powers or in the
performance of his duties; and
( g ) to require any person entering or to be found at any
place where a game is offered for sale, or where games
are being organised or operated, or where gaming
takes place, to produce identification documents and,
or evidence of his age,
and a direction given by an inspector to a licensee in terms of
paragraph ( d ) shall be deemed to be a directive issued by the
Authority in terms of this Act for the purposes of this Act. 
(2) An inspector shall make a report on the exercise of his
functions under this Act to the Authority.
(3) Any person who, without reasonable excuse, hinders or
fails to assist an inspector in the exercise of his functions and
powers and the discharge of his duties under subarticle (1) or under
article 19, shall be guilty of an offence under this Act.
LOTTERIES AND OTHER GAMES g CAP. 438.  17
Rights of 
inspectors.
19. An inspector may at reasonable times, upon production of
his identity card, enter and remain in any place where games are
offered for sale, or where games are being organised or operated, or
where gaming takes place, for the purposes of -
( a ) viewing gaming;
( b ) observing any of the operations of licensees or of
sellers of games or, generally, of gaming;
( c ) ascertaining whether the operation of licensees or of
sellers of games or of games is being properly
conducted, supervised and managed;
( d ) ascertaining whether the provisions of this Act, or of
regulations made thereunder, or of any licences issued
thereunder, are being complied with; and
( e ) in any other respect, exercising his powers or
performing his duties.
Professional 
secrecy.
Cap. 377.
20. Without prejudice to the provisions of the Professional
Secrecy Act, any information disclosed to the Authority or any
member, officer or employee thereof, the Chief Executive, any
Directorate or any inspector, and any document produced in
pursuance of the provisions of this Act, shall be secret and
confidential and may not be disclosed or produced other than for
the purposes of this Act, or to the police for the purposes of any
investigation or prosecution of an offence against this Act or when
requested to do so by a court of law in any criminal proceedings for
an offence against this Act or in any civil proceedings relating to
the operation, promotion or sale of any game, or generally, to
gaming.
PART V - OFFICERS AND EMPLOYEES OF THE AUTHORITY
Staff 
appointments.
21. Without prejudice to the other provisions of this Act, the
appointment of officers and other employees of the Authority shall
be made by the same Authority. The terms and conditions of
employment shall be established by the Authority.
Appointment and 
functions of 
officers and 
employees of the 
Authority.
22. The Authority shall appoint and employ, at such
remuneration and upon such terms and conditions as it may in
accordance with article 21 determine, such officers and employees
of the Authority as may from time to time be necessary for the due
and efficient discharge of the functions of the Authority.
Detailing of public 
officers for duty 
with the Authority.
23. (1) The Prime Minister may, at the request of the
Authority, from time to time direct that any public officer shall 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
direction.
(2) The period during which a direction as aforesaid shall apply
to any officer specified therein shall, unless the officer retires from
the public service or otherwise ceases to hold office at an 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
direction unless the direction is revoked earlier by the Prime
18 g CAP. 438. LOTTERIES AND OTHER GAMES
Minister.
Status of public 
officers detailed 
for duty with the 
Authority.
24. (1) Where any officer is detailed for duty with the
Authority under any of the provisions of article 23, such officer
shall, during the time in which such direction has effect in relation
to him, be under the administrative authority and control of the
Authority but he shall, for other intents and purposes, remain and
be considered and treated 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
Cap. 93.
Cap. 58.
( 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 to which he would be liable, but for the fact of
his being detailed for duty with the Authority.
(3) Where an application is made as provided in subarticle
(2)( a )(i), the same consideration shall be given thereto as if the
applicant had not been detailed for service with the Authority.
(4) The Authority shall pay to the Government such
contributions as may from time to time be determined by the
Minister in respect of the cost of pensions and gratuities earned by
an officer detailed for duty with the Authority as aforesaid during
the period in which he is so detailed.
Offer of permanent 
employment with 
the Authority to 
public officers 
detailed for duty 
with the Authority.
25. (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 23, 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 because
LOTTERIES AND OTHER GAMES g CAP. 438.  19
they are not in all respects identical with or superior to those
enjoyed by the officer concerned at the date of such offer, if such
terms and conditions, taken as a whole, in the opinion of the Prime
Minister offer substantially equivalent or greater benefits.
Cap. 93.
Cap. 58.
(3) Every officer who accepts permanent employment with the
Authority offered to him under the provisions of subarticle (1)
shall, for all purposes other than those of the Pensions Ordinance
and of the Widows’ and Orphans’ Pension Act, be deemed to have
ceased to be in service with the Government and to have entered
into service with the Authority on the date of his acceptance, and
for the purposes of the said Ordinance and of the said Act, insofar
as this applies in his case, service with the Authority shall be
deemed to be service with the Government within the meanings
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 Orphans’ Pensions Act, shall
continue to be so entitled to benefit thereunder to all intents as if
his 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
Minister 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.
PART VI - THE NATIONAL LOTTERY
Operation or 
concession for the 
operation of the 
National Lottery.
26. (1) The Minister may operate the National Lottery or may
decide to concede the operation of the National Lottery to another
person in accordance with the provisions of this Act:
Provided that the Minister may not operate the National
Lottery at a time while a National Lottery licence is still in force:
Provided further that the Minister may operate the National
Lottery for such time during which a National Lottery licence is
suspended in terms of article 35.
(2) Where the National Lottery is operated by the Minister, the
Minister shall exercise all such powers as may be necessary or
expedient for the purposes of such operation and the provisions of
this Act relating to the National Lottery, other than those relating to
licensing and the National Lottery licence, shall apply and have
effect with any necessary modifications or adaptations as they
apply and have effect in relation to the National Lottery as operated
by a National Lottery licensee.
(3) Where the Minister decides to concede the operation of the
National Lottery to another person, the Authority, and for the first
time after the entry into force of this Part the Minister, may by
licence authorise a person to operate the National Lottery. Only one
person may be licensed to operate the National Lottery at any one
time. No person, other than the Minister, may operate the National
Lottery unless such person is in possession of a valid National
20 g CAP. 438. LOTTERIES AND OTHER GAMES
Lottery licence. 
(4) The functions of the Authority relating to the National
Lottery and to the National Lottery licensee under this Act shall
come into effect immediately after the grant of a National Lottery
licence by the Minister for the first time after the entry into force of
this Part.
Duration of 
National Lottery 
licence.
27. (1) The National Lottery licence shall be issued for such
term as the Authority after consultation with the Minister, and for
the first time after the entry into force of this Part as the Minister,
may specify in the licence, which term shall commence to run on
such day as may be specified in the licence as the date from when
the licence shall become effective. Such date may be subsequent to,
but not preceding, the date of issue of the licence.
(2) Unless a National Lottery licence is previously cancelled, it
may be renewed by the Authority for one further period as the
Authority after consultation with the Minister may determine.
(3) The renewal of the licence by the Authority shall be subject
to the compliance by the National Lottery licensee, during the
original term of such licence, with the provisions of this Act and of
regulations made thereunder applicable to it and with the terms and
conditions of such licence and with any directive issued by the
Authority in terms of this Act or of regulations made thereunder
and applicable to such licensee, and subject to the acceptance by
the Authority of the written application for such renewal made by
the licensee to the Authority -
( a ) by such date before the expiry of the original term of
the licence as specified in the licence; and
( b ) containing such information as specified in the licence
to be necessary or expedient to enable the Authority to
determine whether to renew the said licence.
(4) After the submission of an application for the renewal of a
National Lottery licence, the Authority may require the applicant to
provide such other information, in addition to that provided
together with the application, as may be deemed necessary for the
purpose of determining the said application.
Application for the 
National Lottery 
licence.
28. (1) An application for a National Lottery licence shall be
made by, or on behalf of, or in respect of a company registered or
to be registered in Malta the sole object of which is or shall be the
operation of the National Lottery pursuant to a National Lottery
licence under this Act and the doing of all such other things as are
incidental or conducive to the attainment of such object and the
carrying out of other activities as may be authorised in the licence
by the Authority and, for the first time after the entry into force of
this Part, by the Minister. Such application shall be made in the
form and manner required by the Authority, and for the first time
after the entry into force of this Part by the Minister, and such
application shall furthermore contain or be accompanied by such
information, documents and particulars as the Authority, and for
the first time after the entry into force of this Part the Minister, may
require or as may be prescribed by regulations.
LOTTERIES AND OTHER GAMES g CAP. 438.  21
(2) In the case of an application for the grant of a National
Lottery licence to a company which is not yet registered in Malta,
the application shall be accompanied by an undertaking by the
applicant to register a company in Malta as provided in subarticle
(1) as soon as information is imparted by the Authority, and for the
first time after the entry into force of this Part by the Minister, that
the licence will be granted to such company when formed.
(3) After the submission of an application for the granting of a
National Lottery licence, the Authority, and for the first time after
the entry into force of this Part the Minister, may require the
applicant to provide such other information, in addition to that
provided together with the application, as may be deemed
necessary for the purpose of determining the said application.
Grant of National 
lottery licence.
29. (1) The Authority, and for the first time after the entry
into force of this Part the Minister, shall not issue a National
Lottery licence to a person unless such person is a company
registered in Malta the sole object of which is the operation of the
National Lottery pursuant to a National Lottery licence under this
Act and the doing of all such other things as are incidental or
conducive to the attainment of such object and the carrying out of
other activities as may be authorised in the licence by the Authority
and, for the first time after the entry into force of this Part, by the
Minister, and unless the Authority or, as the case may be, the
Minister is satisfied that -
( a ) all persons holding or owning a qualifying
shareholding in the company are fit and proper to
benefit from the operation by the company of the
National Lottery and to exercise their rights of
membership in such manner as to ensure the proper
operation by the company of the National Lottery;
( b ) the director or directors of the company are fit and
proper to manage the affairs of the company and to
exercise their functions and duties as directors in such
manner as to ensure the proper operation by the
company of the National Lottery;
( c ) all persons who appear to the Authority to be likely to
manage the business or any part of the business of the
operation of the National Lottery are fit and proper
persons to do so;
( d ) the company has, or will have upon the issue of the
licence, the financial and technical means and the
expertise necessary to properly operate the National
Lottery and to fulfil all its obligations under this Act;
( e ) the company will take out, within seven days from the
date of issue of the licence, and will thereafter
maintain, the bank guarantee referred to in article
31(5) as provided and in accordance with the said
article 31(5) and (6); and
( f ) the company is a fit and proper person to be the holder
of the National Lottery licence and to operate the
National Lottery, and will comply in all respects with
22 g CAP. 438. LOTTERIES AND OTHER GAMES
the provisions of this Act and of any regulations made
thereunder and applicable to it and with the terms and
conditions of the licence and with directives issued by
the Authority in terms of this Act or of regulations
made thereunder and applicable to it.
(2) When the Authority, and for the first time after the entry
into force of this Part the Minister, makes a preliminary decision to
issue a National Lottery licence to a particular company registered
in Malta, the Authority or, as the case may be, the Minister shall,
before the issue of such licence, cause a notice to be published in
the Gazette of the intended issue of the said licence, thereby calling
upon any interested party to make representations, if any, objecting
to the issue of the licence to such company.
(3) Such objection as is mentioned in subarticle (2) shall be in
writing and shall contain a reasoned justification therefor, and is to
be received by the Authority or the Minister, as the case may be,
within twenty-one days from the date of the publication of the
notice in the Gazette.
(4) The Authority or the Minister, as the case may be, shall
consider any objection made and received by it as aforesaid before
making any final decision as to the issue of the licence.
(5) The grant of a National Lottery licence shall not exonerate
the licensee from obtaining any other licence, permit or
authorization which may be required under any other law.
Form of the 
National Lottery 
licence.
30. The National Lottery licence shall be in such form as may
be approved by the Authority, and for the first time after the entry
into force of this Part by the Minister, and shall  inter alia  specify:
( a ) its date of issue;
( b ) its effective term;
( c ) the name, registered office and registration number of
the licensee;
( d ) the address in Malta specified by the licensee for the
purpose of the service of documents on it;
( e ) the name and address of the qualifying shareholders,
directors and managers of the licensee;
( f ) the type and particulars of games that can be operated
under the licence;
( g ) such matters relating to the gaming devices allowed to
be used under the licence as the Authority considers
necessary or expedient to specify;
( h ) the minimum number, specifications and type of
places from where games that can be operated under
the licence may be offered for sale, and the minimum
number of opening hours of such places;
( i ) such other particulars as the Authority, and for the first
time after the entry into force of this Part the Minister,
considers necessary or expedient, or as may be
prescribed in regulations.
LOTTERIES AND OTHER GAMES g CAP. 438.  23
The National Lottery licence need not specify any of the
matters listed in paragraphs ( f ) or ( h ) when and to the extent that
such matters are already specified in regulations made under this
Act.
National Lottery 
licence conditions 
and variations and 
revocations 
thereof.
31. (1) In granting a National Lottery licence the Authority,
and for the first time after the entry into force of this Part the
Minister, may subject it to such conditions as it may deem
appropriate, and after the grant of such licence the Authority may
from time to time vary or revoke any condition so imposed, or
impose new conditions:
Provided that the Authority may not vary any condition or
impose any new condition in the National Lottery licence without
the consent of the licensee if the licence provides that any such
condition may only be varied, or that any such new condition may
only be imposed, with the consent of the licensee:
Provided further that, without prejudice to the immediately
preceding proviso, whenever the Authority deems it appropriate to
vary any condition or impose any new condition in the National
Lottery licence, the Authority shall, unless such variation or
imposition of a new condition has been requested by the licensee
himself, inform the licensee, by notice in writing, of its intention to
vary the said condition or impose the said new condition, and call
upon the said licensee to show cause, within such period as it may
establish in the notice and which shall not be less than twenty-one
days after the issue of the said notice, why such condition should
not be varied or imposed, and it shall be the duty of the Authority
to consider any response made by the licensee before varying the
condition or imposing the new condition. 
(2) Conditions in a National Lottery licence may impose such
requirements as may be deemed to be necessary to be complied
with by the licensee after the licence has ceased to have effect.
(3) A National Lottery licence may impose conditions
requiring the licensee -
( a ) to obtain the consent of the Authority before doing
anything specified, or of a description specified, in the
licence; and
( b ) to refer matters specified, or of a description specified,
in the licence to the Authority for approval.
(4) A National Lottery licence shall include a condition
requiring the licensee to pay to the Authority, at such times as may
be determined by or under the licence, such sums out of the
proceeds of sale of any games forming part of the National Lottery
and, or any other sums, fees, duties and, or taxes as may be so
determined, which sums, fees, duties and, or taxes shall be in
addition to those which the National Lottery licensee may be
required to pay under any law other than this Act.
(5) A National Lottery licence shall include a condition
requiring the licensee to take out, not later than seven days from the
date of issue of the licence, a bank guarantee issued by a bank or
credit or financial institution acceptable to the Authority, in favour
24 g CAP. 438. LOTTERIES AND OTHER GAMES
of the Authority and on its own behalf and on behalf of the
Government, in such amount as may be specified in the licence or
as may be prescribed by regulations, for securing -
( a ) the payment and distribution of prizes by the licensee
to winners of games forming part of the National
Lottery;
( b ) the payment of fees, taxes, duties or any other sums
payable by the licensee to the Authority in terms of the
licence; and
( c ) the payment by the licensee of any fines or
administrative penalties imposed on it under Part XII
or under regulations made under this Act.
(6) Such bank guarantee as mentioned in subarticle (5) shall
become payable to the Authority on its first demand and it shall not
be incumbent upon the relative bank, credit or financial institution
which issued the bank guarantee to verify whether such demand is
justified. The bank guarantee shall remain valid until the expiry of
one year after the expiry of the licence, and shall be subject to such
other terms and conditions as may be specified in the licence or as
may be prescribed by regulations.
(7) A National Lottery licence shall also include a condition
requiring the licensee to submit to the Authority and, or publish, in
such manner and at such times as may be specified in the licence,
the audited accounts of the licensee and such other accounts,
reports, returns and statements as may be specified in the licence.
(8) A National Lottery licence shall be deemed to include a
condition that the licensee shall at all times during the period of
operation of the licence have as its sole object the operation of the
National Lottery pursuant to a National Lottery licence under this
Act and the doing of all such other things as are incidental or
conducive to the attainment of such object and the carrying out of
other activities as may be authorised in the licence by the Authority
and, for the first time after the entry into force of this Part, by the
Minister.
Changes in 
ownership or 
management of the 
licensee, etc.
32. (1) Without prejudice to the following subarticles of this
article, it shall be the duty of the National Lottery licensee and of
the qualifying shareholders and directors thereof to notify the
Authority forthwith of - 
( a ) any change in the Board of Directors or management
of the licensee, or any material changes in the
information and documentation provided in terms of
article 28(1) and (3) or any other information or
documentation provided by the licensee in terms of
any other provision of this Act or of regulations made
thereunder or in terms of conditions attached to the
National Lottery licence; and
( b ) any resolution or intended resolution, or any
application or intended application to the Court, or any
other action, for the dissolution and winding up of the
National Lottery licensee,
LOTTERIES AND OTHER GAMES g CAP. 438.  25
as soon as they become aware of such changes, resolutions or
intended resolutions, applications or intended applications or
actions.
(2) Where owing to a change as is referred to in subarticle
(1)( a ), whether the Authority has been notified of such change in
accordance with the said subarticle or not, a situation arises that
had it existed at the time of the application for the grant of the
National Lottery licence, it would have disqualified the licensee
from obtaining a licence in accordance with article 29(1), the
Authority shall by notice inform the licensee accordingly, and if the
situation shall not have been remedied to the satisfaction of the
Authority within one calendar month from the notice given to that
effect by the Authority, the Authority shall cancel the licence
without complying with the provisions of article 35(1) to (3) and
the provisions of article 35(4) and (5) shall  mutatis mutandis  apply
in such circumstances:
Provided that the Authority shall not issue a notice as
aforesaid later than three calendar months after being notified by
the licensee or its qualifying shareholders or directors of the change
in accordance with subarticle (1).
(3) In the circumstances mentioned in subarticle (1)( b ),
whether the Authority has been notified of such circumstances in
accordance with the said subarticle or not, the Authority may issue
such directives to the National Lottery licensee, its qualifying
shareholders and, or its directors as it may deem appropriate in
such circumstances.
(4) Failure by the licensee or the qualifying shareholders or
directors thereof to comply with the provisions of subarticle (1), or
with any directive issued to them by the Authority in terms of
subarticle (3), shall constitute an offence against this Act.
(5) Notwithstanding anything contained in any other law, the
approval in writing of the Authority shall be required before any
person may lawfully - 
( a ) acquire a qualifying shareholding in the National
Lottery licensee;
( b ) increase an existing holding which is not a qualifying
shareholding so as to cause it to become a qualifying
shareholding in such licensee;
( c ) increase an existing qualifying shareholding in such
licensee so as to cause it to equal or exceed ten  per
centum  or twenty  per centum  or thirty  per centum  or
forty  per centum  or fifty  per centum  of the share
capital issued by the licensee or of the voting rights
attaching to such share capital, or to cause the licensee
to become that person’s subsidiary;
( d ) reduce an existing qualifying shareholding in such
licensee so as to cause it to fall below fifty  per centum
or forty  per centum  or thirty  per centum  or twenty  per
centum  or ten  per centum  of the share capital issued by
the licensee or of the voting rights attaching to such
26 g CAP. 438. LOTTERIES AND OTHER GAMES
share capital, or to cause the licensee to cease to be
that person’s subsidiary;
( e ) reduce an existing qualifying shareholding in such
licensee so as to cause it to cease to be a qualifying
shareholding; or
( f ) divest itself of a qualifying shareholding in such
licensee.
(6) The Minister may by order in the Gazette or by regulations
vary or remove any of the percentages mentioned in subarticle
(5)( c ) and ( d ).
(7) Subarticle (5) shall apply whether or not any of the relevant
shares are shares listed on any Stock Exchange.
(8) It shall be the duty of the National Lottery licensee and of
the directors thereof to notify the Authority forthwith upon
becoming aware that any person intends to take any of the actions
set out in subarticle (5), and they shall refrain from registering the
relevant action according to law or from taking any other action in
respect thereof pending instructions from the Authority. Failure by
the National Lottery licensee and the directors thereof to comply
with the provisions of this subarticle shall constitute an offence
against this Act.
(9) Notwithstanding anything contained in any other law, the
approval in writing of the Authority shall be required before the
National Lottery licensee may lawfully - 
( a ) sell or dispose of its business in whole or in part;
( b ) merge with any other company;
( c ) undergo any reconstruction, division or any
conversion of its status from a company into any other
kind of commercial partnership; or
( d ) increase or reduce its nominal or issued share capital
or effect any material change in voting rights.
(10) It shall be the duty of the directors and qualifying
shareholders of the National Lottery licensee to notify the
Authority forthwith upon becoming aware that the licensee intends
to take any of the actions set out in subarticle (9), and in default
they shall be guilty of an offence against this Act.
(11) Any person intending to take any of the actions set out in
subarticle (5) and the National Lottery licensee who intends to take
any of the actions set out in subarticle (9) shall notify the Authority
in writing in such form and manner, and such notification shall be
accompanied with such information, as may be required by the
Authority.
(12) Within two months of receipt of such notification or receipt
of such information as the Authority may require, whichever be the
later, the Authority shall issue a notice - 
( a ) granting unconditional approval to the taking of the
action;
( b ) granting approval to the taking of the action subject to
LOTTERIES AND OTHER GAMES g CAP. 438.  27
such terms and conditions as the Authority may deem
appropriate; or
( c ) refusing approval to the taking of the action, informing
the person concerned or, as the case may be, the
National Lottery licensee of the reasons of the refusal,
and if the Authority fails to issue any such notice within the said
period of two months, it shall be deemed that the Authority has
issued a notice in terms of paragraph ( a ).
(13) If any person or the National lottery licensee takes any
action set out in subarticles (5) and (9) without obtaining the prior
approval of the Authority in terms of this article, or takes any such
action without complying with any term and condition specified by
the Authority in granting such approval in terms of subarticle
(12)( b ), he shall be guilty of an offence against this Act.
Furthermore, if any person or the National Lottery licensee takes or
intends to take any of the said actions without obtaining the said
approval or without complying with the said terms and conditions,
then, without prejudice to the power of the Authority to suspend or
revoke the National Lottery licence in terms of article 35, where
applicable, and without prejudice to any other penalty which may
be imposed under this Act, the Authority shall have the power -
( a ) to issue a directive declaring the action to be void and
of no effect, which directive shall be effective against
all persons involved in such action notwithstanding the
provisions of any other law; or
( b ) to issue a directive to such person or, as the case may
be, to the National Lottery licensee -
(i) restraining the person or the said licensee from
taking the action;
(ii) requiring the person or the said licensee to take
such steps or other action as may be necessary to
restore the position existing immediately before
the action was taken, within such period as may
be specified by the Authority in the directive;
(iii) restraining the person or the said licensee from
exercising any rights resulting from the action,
including the right to receive payments; or
(iv) restraining the person or the said licensee from
taking any similar action or any action within
the categories set out in subarticles (5) and (9),
and such person or, as the case may be, the National Lottery
licensee shall comply with any such directive issued to it by the
Authority in terms of this paragraph ( b ), failing which it shall be
guilty of an offence against this Act.
Licensee may not 
assign or transfer 
the licence.
33. (1) A National Lottery licence may not be assigned or
transferred by the National Lottery licensee to any other person.
(2) The National Lottery licensee may not surrender the
National Lottery licence during the licence term.
(3) The transfer or assignment of the National Lottery licence
28 g CAP. 438. LOTTERIES AND OTHER GAMES
by the licensee to any other person shall be considered null and
void.
(4) A National Lottery licensee who acts in breach of the
provisions of this article shall be guilty of an offence against this
Act.
Grounds for the 
cancellation or 
suspension of the 
National Lottery 
licence.
34. The Authority may order the cancellation or suspension of
the National Lottery licence if -
( a ) any qualifying shareholder or director or manager of
the licensee is convicted of an offence against this Act
or of theft, receiving stolen property, fraud or any
crime affecting public trust, or is in breach of any
directive issued by the Authority in terms of this Act
or regulations made thereunder and applicable to it;
( b ) the licensee contravenes any provision of this Act or of
any regulations made thereunder applicable to it, or is
in breach of any condition in the National Lottery
licence or any directive issued by the Authority in
terms of this Act or regulations made thereunder and
applicable to it;
( c ) the licensee knowingly or recklessly supplies to the
Authority material information that is false or
misleading;
( d ) the licensee fails to fulfil the licensee’s financial
commitments when they become due and payable;
( e ) the licensee fails to take out and maintain the required
bank guarantee as provided and in accordance with
article 31(5) and (6);
( f ) the licensee is being wound up; or
( g ) the Authority is reasonably satisfied that any person
holding or owning a qualifying shareholding in the
licensee is not, or has ceased to be, a fit and proper
person to benefit from the operation of the National
Lottery by the licensee or to exercise his rights of
membership in such manner as to ensure the proper
operation of the National Lottery by the licensee;
( h ) the Authority is reasonably satisfied that any director
of the licensee is not, or has ceased to be, a fit and
proper person to manage the affairs of the licensee and
to exercise his functions and duties as director in such
manner as to ensure the proper operation of the
National Lottery by the licensee;
( i ) the Authority is reasonably satisfied that any person
who is managing the business or any part of the
business of the operation of the National Lottery is
not, or has ceased to be, a fit and proper persons to do
so;
( j ) the Authority is reasonably satisfied that the licensee
is not, or has ceased to be, a fit and proper person to be
the holder of the National Lottery licence and to
LOTTERIES AND OTHER GAMES g CAP. 438.  29
operate the National Lottery, or it reasonably deems it
necessary in the national interest to cancel or suspend
the National Lottery licence.
Procedures for the 
cancellation or 
suspension of the 
National Lottery 
licence.
35. (1) Where a ground for cancellation or suspension of the
National Lottery licence arises under article 34, the Authority, by
notice in writing, shall request the licensee, and may request any
other person who in its opinion has an interest in the licence, to
show cause, within such period as may be established in the same
notice being not less than twenty-one days after the issue of the
notice, why the licence should not be cancelled or suspended on
such ground as stated in the notice.
(2) The Authority shall consider any response made under
subarticle (1) and -
( a ) where the matter is resolved to its satisfaction, it shall
take no further action and shall inform the licensee in
writing accordingly;
( b ) where, although the matter is not resolved to its
satisfaction, it considers that no further action is
warranted, it shall caution the licensee in writing; or
( c ) where the matter is not resolved to its satisfaction, and
it considers that further action is warranted, it may -
(i) by notice in writing, give such direction to the
licensee as it considers appropriate; or
(ii) suspend for such period as it thinks fit, or
cancel, the licence.
(3) Where a direction given by the Authority under subarticle
(2)( c )(i) is not complied with within the time limit specified in the
notice, the Authority shall cancel the licence.
(4) The Authority shall immediately inform the Minister about
the existence of a ground for cancellation or suspension of the
National Lottery licence and keep him continuously informed of all
measures being adopted in that regard.
(5) The Authority shall also immediately inform the Minister
about its decision to suspend or cancel the licence and shall take all
reasonable measures which are necessary or expedient to guarantee
the uninterrupted operation of the National Lottery.
Permit for person 
to sell games 
forming part of the 
National Lottery.
36. (1) No person may sell games forming part of the National
Lottery unless such person is in possession of a valid permit issued
by the Authority.
(2) Application for such permit shall be made to the Authority
by the proposed seller in such form and manner, and shall contain
or be accompanied with such information, documents and
particulars, including evidence of the authority or appointment of
the applicant given or made by the National Lottery licensee to sell
games forming part of the National Lottery, as the Authority may
require or as may be prescribed by regulations.
(3) The Authority shall not issue any such permit unless it is
satisfied that the applicant is a fit and proper person to sell games
30 g CAP. 438. LOTTERIES AND OTHER GAMES
forming part of the National Lottery and that he satisfies any other
requirement and has any other qualifications as may be prescribed
by regulations.
(4) In granting any such permit the Authority may subject the
permit to such conditions as the Authority may deem appropriate,
and after the grant of such permit the Authority may from time to
time vary or revoke any condition so imposed or impose new
conditions:
Provided that whenever the Authority deems it appropriate
to vary any condition or impose any new condition in any such
permit, the Authority shall, unless such variation or imposition of a
new condition has been requested by the permit holder himself, by
notice in writing inform the permit holder and the National Lottery
licensee of its intention to vary the said condition or to impose the
said new condition, calling upon the said permit holder and
licensee to show cause, within such period being not less than
seven days after the issue of the notice as may be specified in the
same notice, why such condition should not be varied or such new
condition should not be imposed, and the Authority shall consider
any response made by the permit holder and the licensee within the
period specified in the notice, before varying the condition or
before imposing the new condition.
(5) Without prejudice to the provisions of subarticle (6), any
such permit shall cease to have effect upon the revocation or
termination of the authority or appointment of the permit holder
given or made by the National Lottery licensee to sell games
forming part of the National Lottery or in the event that a National
Lottery licence ceases to have effect for any reason whatsoever and
the holder of any new National Lottery licence issued in terms of
this Part does not authorise or appoint the permit holder to sell
games forming part of the National Lottery.
(6) The Authority may order the cancellation or the suspension
of such permit -
(i) if the permit holder contravenes any provision of
this Act or any regulations made thereunder
applicable to it, or is in breach of any condition
in the permit;
(ii) if the Authority is reasonably satisfied that the
permit holder is not or has ceased to be a fit and
proper person to sell games forming part of the
National Lottery;
(iii) in any other circumstance prescribed by
regulations made under this Act.
(7) ( a ) Where a ground for cancellation or suspension of the
permit arises under subarticle (6), the Authority, by
notice in writing, shall request the permit holder and
the National Lottery licensee, and may request any
other person who in its opinion has an interest in the
permit, to show cause, within such period as may be
established in the same notice being not less than
twenty-one days after the issue of the notice, why the
LOTTERIES AND OTHER GAMES g CAP. 438.  31
permit should not be cancelled or suspended on such
ground as stated in the notice.
( b ) The Authority shall consider any response made by the
permit holder, the National Lottery licensee or any
other person as aforesaid within the period specified in
the notice, and -
(i) where the matter is resolved to its satisfaction, it
shall take no further action and shall inform the
permit holder in writing accordingly;
(ii) where, although the matter is not resolved to its
satisfaction, it considers that no further action is
warranted, it shall caution the permit holder in
writing; or
(iii) where the matter is not resolved to its
satisfaction, and it considers that further action
is warranted, it may -
(1) by notice in writing, give such direction to
the permit holder as it considers
appropriate; or
(2) suspend for such period as it thinks fit, or
cancel, the permit.
( c ) Where a direction given by the Authority under
paragraph ( b )(iii)(1) is not complied with within the
time limit specified in the notice, the Authority shall
cancel the permit.
(8) A permit referred to in subarticle (1) shall be considered
null and void if the holder of such permit assigns or transfers the
permit to any other person.
(9) Any person who sells games forming part of the National
Lottery in contravention of subarticle (1) shall be guilty of an
offence under this Act.
PART VII - OTHER GAMES
Requirement of a 
non-profit game 
licence.
37. * (1) The Authority may grant a licence to a non-profit
organization to operate a non-profit game in terms of the provisions
of the First Schedule.
(2) No person may operate a non-profit game unless such
person is in possession of a valid non-profit game licence. Any
person who acts in breach of the provisions of this subarticle shall
be guilty of an offence against this Act. 
Requirement of a 
tombola (bingo) 
hall licence.
38.* (1) The Authority may grant a licence to a company
registered in Malta to operate commercial tombola games in a
tombola (bingo) hall in terms of the provisions of the Second
Schedule.
(2) Without prejudice to the provisions of item 5(4) of the
Second Schedule, no person may operate commercial tombola
*This article is not yet in force.
32 g CAP. 438. LOTTERIES AND OTHER GAMES
games in a tombola (bingo) hall unless such person is in possession
of a valid tombola (bingo) hall licence. Any person who acts in
breach of the provisions of this subarticle shall be guilty of an
offence against this Act. 
Age limit in a 
tombola (bingo) 
hall.
Cap. 400.
39. * If the tombola (bingo) hall forms part of a casino complex,
where casino gaming is allowed to be operated in terms of a casino
licence granted in terms of the Gaming Act, the age limit and
prohibitions as laid down in article 26 of the Gaming Act, shall
apply. Failure by either a casino licensee or a tombola (bingo) hall
licensee to comply with this article shall constitute an offence
against this Act.
Requirement of a 
commercial 
communication 
game licence.
40.* (1) The Authority may grant a licence to a person to
operate a commercial communication game in terms of the
provisions of the Third Schedule. 
(2) No person may operate a commercial communication game
unless such person is in possession of a valid commercial
communication game licence. Any person who acts in breach of the
provisions of this subarticle shall be guilty of an offence against
this Act.
(3) Whenever a person, in agreement with the National Lottery
licensee, utilizes tickets or other means of participation in a game
or games forming part of the National Lottery as the prizes which
can be won in a commercial communication game, such
commercial communication game shall be exempt from the
requirement of a commercial communication game licence under
this article.
Requirement of a 
broadcasting media 
game licence.
41.* (1) The Authority may grant a licence to the owner or
operator of a radio or television station, or a sub-contractor thereof,
to operate a broadcasting media game in terms of the provisions of
the Fourth Schedule.
(2) No person may operate a broadcasting media game unless
such person is in possession of a valid broadcasting media game
licence. Any person who acts in breach of the provisions of this
subarticle shall be guilty of an offence against this Act. 
Requirement of a 
VLT licence.
42.* (1) The Authority may grant a licence to a company
registered in Malta to operate VLT games and gaming through a
VLT or VLTs in terms of the provisions of the Fifth Schedule.
(2) Without prejudice to the provisions of item 5(4) of the Fifth
Schedule, no person may operate VLT games and, or gaming
through a VLT or VLTs unless such person is in possession of a
valid VLT licence, and no person shall operate or keep a VLT, or
shall exchange or redeem a VLT payout voucher for a VLT game
prize, or shall operate or keep the means of exchanging or
redeeming VLT payout vouchers for VLT game prizes, in any
premises other than premises authorised to be used for such
purposes under the relevant VLT licencee. Any person who acts in
breach of the provisions of this subarticle shall be guilty of an
*This article is not yet in force.
LOTTERIES AND OTHER GAMES g CAP. 438.  33
offence against this Act.
Requirement of a 
racecourse betting 
licence.
43. * (1) The Authority may grant a licence to an approved
racing club or other person to operate -
( a ) racecourse bets on horse races and, or dog races
conducted on an approved racecourse or approved
racecourses at approved meetings; and, or
( b ) sweepstakes in connection with horse races conducted
on an approved racecourse or approved racecourses at
approved meetings,
in terms of the provisions of the Sixth Schedule.
(2) No person may operate racecourse bets or sweepstakes
unless such person is in possession of a valid racecourse betting
licence. Any person who acts in breach of the provisions of this
subarticle shall be guilty of an offence against this Act.
PART VIII - APPROVAL OF RACECOURSES
AND RACING CLUBS AND APPOINTMENT
OF RACECOURSE CONTROL BOARDS
Approval of 
racecourses.
44.* (1) ( a ) The Minister responsible for sport may grant a
certificate of approval in respect of any racecourse
and any ground adjacent thereto for the purpose of
conducting therein horse races and, or dog races
and activities ancillary to such races.
( b ) The said Minister may grant such certificate of
approval in respect of any racecourse and any
ground adjacent thereto which is owned by the
Government of Malta, in which case the following
provisions of this article 44 shall apply to the said
Government only to such extent as the said
Minister may, on the advice of the Cabinet,
determine in the certificate of approval.
(2) An application for a certificate of approval referred to in
subarticle (1) shall be made by the owner of the racecourse and any
ground adjacent thereto which are the subject of the application, in
such form and manner required by the Minister responsible for
sport or as prescribed by regulations made by the said Minister
under article 78(6), and shall furthermore contain or be
accompanied by such information, documents and particulars as the
said Minister may require or as may be prescribed by regulations
made by the said Minister under article 78(6).
(3) The Minister responsible for sport shall not grant any such
certificate of approval unless he is satisfied that the applicant and,
or the racecourse and any ground adjacent thereto which are the
subject of the application, satisfy or meet, and will after the grant
of the certificate continue to satisfy or meet, such requirements,
specifications and criteria as may be prescribed by regulations
made by the said Minister under article 78(6), and unless the said
Minister is satisfied that the applicant will comply in all respects
*This article is not yet in force.
34 g CAP. 438. LOTTERIES AND OTHER GAMES
with the provisions of this Part and of any regulations made under
article 78(6) and applicable to it and with the terms and conditions
of the certificate of approval.
(4) In granting such certificate of approval, the Minister
responsible for sport may subject it to such conditions as he may
deem appropriate or as may be prescribed by regulations made by
him under article 78(6), and after the grant of such certificate the
said Minister may from time to time vary or revoke any condition
so imposed or impose new conditions:
Provided that whenever the Minister responsible for sport
deems it appropriate to vary any condition or impose any new
condition in any such certificate of approval, the said Minister
shall, unless such variation or imposition of a new condition has
been requested by the holder of the certificate himself, by notice in
writing inform such holder of his intention to vary the said
condition or to impose the said new condition, calling upon such
holder to show cause, within such period being not less than seven
days after the issue of the notice as may be specified in the same
notice, why such condition should not be varied or such new
condition should not be imposed, and the said Minister shall
consider any response made by the holder of the certificate within
the period specified in the notice, before varying the condition or
before imposing the new condition.
(5) The Minister responsible for sport may revoke a certificate
of approval referred to in subarticle (1) -
(i) if the holder of such certificate contravenes any
provision of this Part and of any regulations
made under article 78(6) and applicable to it, or
is in breach of any condition in the certificate;
(ii) if the said Minister is reasonably satisfied that
the holder of the certificate of approval and, or
the racecourse and any ground adjacent thereto
to which the certificate relates, no longer satisfy
or meet the requirements, specifications and
criteria referred to in subarticle (3), or if the said
Minister reasonably deems it necessary in the
national interest or in the interest of the horse
and, or dog breed to revoke the certificate of
approval; and
(iii) in any other circumstance prescribed by
regulations made by the said Minister under
article 78(6).
(6) Before revoking a certificate of approval referred to in
subarticle (1) on any of the grounds referred to in subarticle (5), the
Minister responsible for sport shall, by notice in writing, request
the holder of the certificate to show cause, within such period as
may be established in the same notice being not less than twenty-
one days after the issue of the notice, why the certificate should not
be revoked on such ground as stated in the notice, and the said
Minister shall consider any response made by such holder within
the period specified in the notice before revoking the certificate.
LOTTERIES AND OTHER GAMES g CAP. 438.  35
(7) The holder of a certificate of approval referred to in
subarticle (1) shall forthwith inform the Minister responsible for
sport upon becoming aware of any material changes in the
information, documents and particulars provided by such holder in
terms of subarticle (2) or in terms of any other provision of this
Part or of regulations made under article 78(6), and in default he
shall be guilty of an offence against this Part.
(8) The holder of a certificate of approval referred to in
subarticle (1) may not assign or transfer to any person the said
certificate, or the ownership of the whole or any part of the
racecourse and any ground adjacent thereto to which the certificate
relates, without the prior approval in writing of the Minister
responsible for sport, and if such approval is given, such holder
may then take any of the aforesaid actions subject to such terms and
conditions as may be specified by the said Minister in its approval.
A certificate of approval referred to in subarticle (1) shall be
considered null and void if the holder thereof takes any of the
aforesaid actions without the prior approval in writing of the
Minister responsible for sport, or in breach of any terms and
conditions specified by the said Minister in any such approval. The
holder of the said certificate of approval shall not be required to
seek and obtain the prior approval of the Minister responsible for
sport before transferring the ownership of the whole or any part of
the racecourse and any ground adjacent thereto to which the
certificate relates if, before effecting any such transfer, he
surrenders the said certificate of approval. The holder of such
certificate of approval who acts in breach of the provisions of this
subarticle shall be guilty of an offence against this Part.
(9) The grant of a certificate of approval referred to in
subarticle (1) shall not exonerate the holder of such certificate from
obtaining any other licence, permit or authorization which may be
required under any other law.
(10) The owner of any place which is not an approved
racecourse and who uses or knowingly permits the use of such
place for the purpose of conducting therein horse races and, or dog
races and, or activities ancillary to such races shall be guilty of an
offence against this Part.
(11) Any person who organises or conducts, or who in any way
participates in the organisation or conduct of, or who acts as a
judge, steward, runner or in any other way participates in, horse
races or dog races in any place which is not an approved racecourse
shall be guilty of an offence against this Part.
Approval of racing 
clubs.
45. * (1) The Minister responsible for sport may grant a
certificate of approval to any racing club for the purposes of
organising and conducting horse races and, or dog races on an
approved racecourse or approved racecourses:
Provided that where the racing club is an individual who
owns an approved racecourse in accordance with the definition of
"racing club" in article 2(1), the Minister may only grant such
*This article is not yet in force.
36 g CAP. 438. LOTTERIES AND OTHER GAMES
certificate of approval to such individual for the purpose of
organising and conducting horse races and, or dog races only on the
said approved racecourse owned by such individual.
(2) An application for a certificate of approval referred to in
subarticle (1) shall be made by the racing club concerned, in such
form and manner required by the Minister responsible for sport or
as prescribed by regulations made by the said Minister under article
78(6), and shall furthermore contain or be accompanied by such
information, documents and particulars as the said Minister may
require or as may be prescribed by regulations made by the said
Minister under article 78(6).
(3) The Minister responsible for sport shall not grant any such
certificate of approval unless he is satisfied that the applicant
satisfies or meets, and will after the grant of the certificate continue
to satisfy or meet, such requirements and criteria as may be
prescribed by regulations made by the said Minister under article
78(6), and unless the said Minister is satisfied that the applicant
will comply in all respects with the provisions of this Part and of
any regulations made under article 78(6) and applicable to it, with
the terms and conditions of the certificate of approval and with any
rules and regulations made by any Racecourse Control Board in
terms of this Part or regulations made under article 78(6) and
applicable to it.
(4) In granting such certificate of approval, the Minister
responsible for sport may subject it to such conditions as he may
deem appropriate or as may be prescribed by regulations made by
him under article 78(6), and after the grant of such certificate the
said Minister may from time to time vary or revoke any condition
so imposed or impose new conditions:
Provided that whenever the Minister responsible for sport
deems it appropriate to vary any condition or impose any new
condition in any such certificate of approval, the said Minister
shall, unless such variation or imposition of a new condition has
been requested by the holder of the certificate himself, by notice in
writing inform such holder of his intention to vary the said
condition or to impose the said new condition, calling upon the
holder to show cause, within such period being not less than seven
days after the issue of the notice as may be specified in the same
notice, why such condition should not be varied or such new
condition should not be imposed, and the said Minister shall
consider any response made by the holder of the certificate within
the period specified in the notice, before varying the condition or
before imposing the new condition.
(5) The Minister responsible for sport may revoke a certificate
of approval referred to in subarticle (1) -
(i) if the holder of such certificate contravenes any
provision of this Part and of any regulations
made under article 78(6) and applicable to it, or
is in breach of any condition in the certificate or
of any rules and regulations made by any
Racecourse Control Board in terms of this Part
LOTTERIES AND OTHER GAMES g CAP. 438.  37
or regulations made under article 78(6) and
applicable to it;
(ii) if the said Minister is reasonably satisfied that
the holder of the certificate of approval no
longer satisfies or meets the requirements and
criteria referred to in subarticle (3), or if the said
Minister reasonably deems it necessary in the
national interest or in the interest of the horse
and, or dog breed to revoke the certificate of
approval; and
(iii) in any other circumstance prescribed by
regulations made by the said Minister under
article 78(6).
(6) Before revoking a certificate of approval referred to in
subarticle (1) on any of the grounds referred to in subarticle (5), the
Minister responsible for sport shall, by notice in writing, request
the holder of the certificate to show cause, within such period as
may be established in the same notice being not less than twenty-
one days after the issue of the notice, why the certificate should not
be revoked on such ground as stated in the notice, and the said
Minister shall consider any response made by such holder within
the period specified in the notice before revoking the certificate.
(7) The holder of a certificate of approval referred to in
subarticle (1) shall forthwith inform the Minister responsible for
sport upon becoming aware of any material changes in the
information, documents and particulars provided by such holder in
terms of subarticle (2) or in terms of any other provision of this
Part or of regulations made under article 78(6), and in default he
shall be guilty of an offence against this Part.
(8) The holder of a certificate of approval referred to in
subarticle (1) may not assign or transfer the said certificate to any
person without the prior approval in writing of the Minister
responsible for sport, and if such approval is given, such holder
may then assign or transfer such certificate subject to such terms
and conditions as may be specified by the said Minister in its
approval. A certificate of approval referred to in subarticle (1) shall
be considered null and void if the holder thereof transfers or
assigns the same to any person without the prior approval in writing
of the Minister responsible for sport, or in breach of any terms and
conditions specified by the said Minister in any such approval. The
holder of such certificate of approval who acts in breach of the
provisions of this subarticle shall be guilty of an offence against
this Part.
(9) The grant of a certificate of approval referred to in
subarticle (1) shall not exonerate the holder of such certificate from
obtaining any other licence, permit or authorization which may be
required under any other law.
(10) Any person who is not an approved racing club and who
organises or conducts any horse race or dog race shall be guilty of
an offence against this Part.
(11) The owner of any place who knowingly permits the use of
38 g CAP. 438. LOTTERIES AND OTHER GAMES
such place for the purpose of the organisation or conduct therein of
any horse race and, or dog race by a person who is not an approved
racing club shall be guilty of an offence against this Part.
Appointment of 
Racecourse 
Control Boards.
46. * (1) The Minister responsible for sport shall appoint in
respect of each approved racecourse a Racecourse Control Board
which shall be constituted and the proceedings of which shall be
conducted in accordance with the provisions of the Ninth Schedule.
(2) The functions of a Racecourse Control Board shall be -
( a ) to supervise the conduct of horse races and dog races
on the approved racecourse in respect of which such
Board has been appointed to ensure that such races are
conducted fairly and properly and in accordance with
the provisions of this Part and of regulations made by
the Minister responsible for sport under article 78(6)
and in accordance with rules and regulations made by
such Board itself in terms of this Part or regulations
made under article 78(6);
( b ) to approve the holding of meetings at which horse
races and, or dog races, other than trial races, are to be
conducted on the approved racecourse in respect of
which such Board has been appointed;
( c ) to advise the Minister responsible for sport on new
developments in, and any matter relating to,
horseracing and dog racing and the conduct thereof
and racecourses;
( d ) to perform any other function as may from time to time
be assigned to it by this Part or regulations made under
article 78(6).
(3) Subject to any relevant regulations made by the Minister
responsible for sport under article 78(6), a Racecourse Control
Board may appoint judges and stewards in respect of horse races
and dog races taking place on the approved racecourse in respect of
which such Board has been appointed and may make rules and
regulations relating to -
( a ) the conduct of horse races and dog races on the
approved racecourse in respect of which such Board
has been appointed;
( b ) the payments to be made by the approved racing club
or approved racing clubs organising and conducting
horse races and, or dog races on the approved
racecourse in respect of which such Board has been
appointed to -
(i) the judges and stewards appointed by the Board
as provided in this subarticle; and
(ii) the Board itself in respect of the performance of
its functions;
( c ) such other matters as may be prescribed by regulations
*This article is not yet in force.
LOTTERIES AND OTHER GAMES g CAP. 438.  39
made by the Minister responsible for sport under
article 78(6).
(4) A Racecourse Control Board shall also have such other
powers as may be prescribed by regulations made by the Minister
responsible for sport under article 78(6).
PART IX - PROVISION OF MONEY FOR GAMING
Restriction on 
credit.
47. (1) It shall not be lawful, and shall constitute an offence
against this Act, for a licensee or an operator of a game exempt
from licence under this Act or regulations made thereunder, or any
person acting on behalf of such licensee or operator or under any
arrangement with him, to make any loan or otherwise provide or
allow any credit to any person for enabling such person to
participate in authorised games.
(2) It shall likewise not be lawful, and shall constitute an
offence against this Act, for the holder of a permit granted under
regulations made under article 78(3) or any person acting on his
behalf or under any arrangement with him to make any loan or
otherwise provide or allow any credit to any person for enabling
such person to participate in games operated in terms of the said
permit.
Applicability of the 
Civil Code.
Cap. 16.
48. Article 1716 of the Civil Code shall not apply with respect
to an authorised game and to a game operated in terms of a permit
granted under regulations made under article 78(3).
Payment of stakes 
and prizes.
49. (1) Subject to any regulations made by the Minister or any
relevant directive that may be issued by the Authority, a licensee,
or operator of a game exempted from licence under this Act or
regulations made thereunder, or the holder of a permit granted
under regulations made under article 78(3), or any person acting on
behalf of such licensee, operator or permit holder or under any
arrangement with him, may -
( a ) accept payment of a stake in respect of an authorised
game or, as the case may be, in respect of a game
operated in terms of the said permit -
(i) in cash; or
(ii) except where he has reasonable cause to believe
that such means of payment will not be honoured
upon presentation or claim therefor, by cheque,
credit card, debit card or any other lawful means
of payment, whether documentary or electronic;
and
( b ) effect payment of any monetary prize won in an
authorised game or, as the case may be, in a game
operated in terms of the said permit, by any of the
means of payment referred to in subarticle (1)( a )(i).
(2) The acceptance of payment of stakes in accordance with the
provisions of subarticle (1)( a ) shall not be deemed to be contrary to
the provisions of article 47.
Cap. 16.
40 g CAP. 438. LOTTERIES AND OTHER GAMES
prejudice -
( a ) the right of a licensee, operator, permit holder or
person referred to in subarticle (1), to recover a debt
arising from the acceptance of payment of a stake by
any of the means of payment referred to in subarticle
(1)( a ) in accordance with the provisions of the said
subarticle (1)( a ); or
( b ) the right of a winner of a monetary prize under an
authorised game or, as the case may be, under a game
operated in terms of a permit granted under regulations
made under article 78(3), to recover any debt arising
from acceptance of payment of such prize by any of
the means of payment referred to in subarticle (1)( b ).
PART X - FINANCIAL PROVISIONS
Authority to meet 
expenditure out of 
revenue and 
constitution of 
National Lottery 
Good Causes 
Fund.
50. (1) Without prejudice to the following provisions of this
article, the Authority shall so conduct its affairs that the
expenditure required for the proper performance of its functions
shall, as far as practicable, be met out of its revenue.
(2) For such purpose as is mentioned in subarticle (1) the
Authority shall levy all fees, rates, taxes, duties and other payments
prescribed or deemed to be prescribed by or under this Act or any
other law or regulations made thereunder related to the powers and
functions of the Authority.
(3) The Authority shall also be paid by Government out of the
Consolidated Fund such sums as the House may from time to time
authorise to be appropriated to meet the costs of specified works to
be continued or otherwise carried out by the Authority, being works
of infrastructure or a similar capital nature.
(4) Any funds of the Authority, other than funds standing to the
credit of the Gaming Authority National Lottery Reserve Fund
referred to in subarticle (6), which are not immediately required to
meet expenditure may be invested in such manner as may from time
to time be approved by the Minister.
(5) Any excess of revenue over expenditure shall, subject to
such directions as the Minister may from time to time give and
subject to the provisions of subarticle (6), be applied by the
Authority to the formation of reserve funds to be used for the
purposes of the Authority; and without prejudice to the generality
of the powers given to the Minister by this subarticle, any direction
given by the Minister as aforesaid may order the transfer to the
Government, or the application in such manner as may be specified
in the direction, of any part of the fees, rates, taxes and duties and
other payments levied in accordance with subarticle (2) or any such
excess as aforesaid.
(6) Without prejudice to the powers of the Minister under
subarticle (5), the Authority shall create and maintain a reserve
fund, to be styled as the "Gaming Authority National Lottery
Reserve Fund", to which there shall be credited and paid by the
Authority, immediately upon receipt thereof -
LOTTERIES AND OTHER GAMES g CAP. 438.  41
( a ) such percentage of the gross sums, fees, duties and, or
taxes paid by the National Lottery licensee to the
Authority in terms of article 31(4) as may be
prescribed by regulations made by the Minister under
this Act;
( b ) the gross amounts paid by the National Lottery
licensee to the Authority in terms of article 59(2); and
( c ) any other amounts which the Authority is required to
credit and pay into the Gaming Authority National
Lottery Reserve Fund under any other provision of this
Act or of any other law or of regulations made
thereunder,
and all funds standing to the credit of the Gaming Authority
National Lottery Reserve Fund after the end of each financial year
shall, not later than six weeks from the end of such financial year,
be paid by the Authority into the Treasury and shall be credited to
the National Lottery Good Causes Fund created by subarticle (7).
The Authority shall not dispose of or use any funds from time to
time standing to the credit of the Gaming Authority National
Lottery Reserve Fund in any manner or for any purpose other than
as provided in this subarticle.
(7) There shall be created and kept in the Treasury Department
an account to be styled "National Lottery Good Causes Fund" to
which there shall be credited and paid the credit balance in the
Gaming Authority National Lottery Reserve Fund paid by the
Authority to the Treasury in terms of subarticle (6). The funds from
time to time standing to the credit of the National Lottery Good
Causes Fund shall be paid out by the Minister, without any further
appropriation other than this Act, to such persons, organisations,
bodies or other entities pursuing objectives of a religious,
philanthropic, cultural, sports, educational, social or civic nature or
in support of other deserving causes, and in such amounts, in such
manner and at such times, as may be determined by the Minister
from time to time after consultation with an Advisory Board
appointed by him for the purpose.
Cap. 174.
(8) A statement of the receipts and expenditure of the National
Lottery Good Causes Fund shall, as soon as possible after the close
of each financial year and in any case not later than three months
after the close of such year, be forwarded by the Accountant
General to the Auditor General, and article 65(2) of the Financial
Administration and Audit Act shall apply to such statement. The
Minister shall, at the earliest opportunity and not later than four
weeks after such statement has been certified by the Auditor
General as provided in this subarticle, or if at any time during that
period the House is not in session, within four weeks from the
beginning of the next following session, cause a copy of such
statement to be laid on the Table of the House.
Power to borrow or 
raise capital.
51. For the purpose of carrying out any of its functions under
this Act, the Authority may, with the approval in writing of the
Minister, borrow or raise money in such manner, from such person,
body or authority, and under such terms and conditions as the
42 g CAP. 438. LOTTERIES AND OTHER GAMES
Minister may approve in writing.
Advances from 
Government.
52. The Minister may make advances to the Authority of such
sums as he may agree to be required by the Authority for carrying
out any of its functions under this Act, and may make such
advances on such terms and conditions as he may deem
appropriate. Any such advance may be made by the Minister out of
the Consolidated Fund, and without further appropriation other
than this Act, by warrant under his hand authorising the Accountant
General to make such advance.
Borrowing from 
Government.
53. (1) The Minister may, for any requirements of the
Authority of a capital nature, contract or raise loans, or incur
liabilities, for such periods and on such terms and conditions as he
may deem appropriate; and any sums due in respect of or in
connection with any such loan or liability shall be a charge on the
Consolidated Fund.
(2) Notice of any loans, liabilities or advances made or
incurred under the foregoing provisions of this article shall be
given to the House as soon as possible.
(3) Pending the raising of any such loan as is mentioned in
subarticle (1), or for the purpose of providing the Authority with
working capital, the Minister may, by warrant under his hand, and
without further appropriation other than this Act, authorise the
Accountant General to make advances to the Authority out of the
Treasury Clearance Fund under such terms as may be specified by
the Minister upon the making thereof.
(4) The proceeds of any loan raised for the purposes of making
advances to the Authority, and any other moneys to be advanced to
the Authority under this article, shall be paid into a fund specially
established for the purpose and which shall be known as the "Malta
Lotteries and Gaming Loan Fund".
(5) Sums received by the Accountant General from the
Authority, in respect of advances made to the Authority under
subarticle (3) shall be paid, as respects of amounts received by way
of repayment into the Treasury Clearance Fund and, as respects of
amounts received by way of interest into the Consolidated Fund.
Estimates of the 
Authority.
54. (1) The Authority shall cause to be prepared in every
financial year, and shall not later than six weeks after the end of
each such year adopt, estimates of the income and expenditure of
the Authority for the next following financial year:
Provided that the estimates for the first financial year of the
Authority shall be prepared and adopted within such time as the
Minister may by notice in writing to the Authority specify. 
(2) In the preparation of such estimates, the Authority shall
take account of any funds and other monies that may be due to be
paid to it out of the Consolidated Fund during the relevant financial
year, whether by virtue of this Act or an appropriation Act or of any
other law; and the Authority shall so prepare the said estimates as
to ensure that the total revenues of the Authority are at least
sufficient to meet all sums properly chargeable to its revenue
account including, but without prejudice to the generality of that
LOTTERIES AND OTHER GAMES g CAP. 438.  43
expression, depreciation.
(3) The estimates shall be made out in such form and shall
contain such information and such comparison with previous years
as the Minister may direct.
(4) A copy of the estimates shall, upon their adoption by the
Authority, be sent forthwith by the Authority to the Minister.
(5) The Minister shall, at the earliest opportunity and not later
than six weeks after he has received a copy of the estimates from
the Authority, approve the same with or without amendment.
Expenditure to be 
according to 
approved 
estimates.
55. (1) No expenditure shall be made or incurred by the
Authority unless it has been approved by the Minister as provided
in article 54.
(2) Notwithstanding the provisions of subarticle (1) -
( a ) until the expiry of six months from the beginning of a
financial year, or until the approval of the estimates
for that year by the Minister, whichever is the earlier
date, the Authority may make or incur expenditure for
carrying on its functions under this Act not exceeding
in the aggregate one-half of the amount approved by
the Minister for the preceding financial year;
( b ) expenditure approved in respect of a head or sub-head
of the estimates may, with the approval of the
Minister, be made or incurred in respect of another
head or sub-head of the estimates;
( c ) in respect of the first financial year, the Authority may
make or incur expenditure not exceeding in the
aggregate such amounts as the Minister may allow;
( d ) if in respect of any financial year it is found that the
amount approved by the Minister is not sufficient or a
need has arisen for expenditure for a purpose not
provided for in the estimates, the Authority may adopt
supplementary estimates for approval by the Minister
and in any such case the provisions of this Act
applicable to the estimates shall as near as practicable
apply to the supplementary estimates.
Publication of 
approved 
estimates.
56. The Minister shall, at the earliest opportunity and not later
than eight weeks after he has received a copy of the estimates and
supplementary estimates of the Authority, or if at any time during
that period the House is not in session, within eight weeks from the
beginning of the next following session, cause such estimates to be
laid on the Table of the House.
Accounts and 
audit.
57. (1) The Authority shall cause to be kept proper accounts
and other records in respect of its operations, and shall cause to be
prepared a statement of accounts in respect of each financial year.
(2) The accounts of the Authority shall be audited by an auditor
or auditors to be appointed by the Authority and approved by the
Minister:
44 g CAP. 438. LOTTERIES AND OTHER GAMES
Cap. 396.
Provided that the Minister may require the books and
accounts of the Authority to be audited or examined by the Auditor
General who shall for the purpose have all the powers set out in the
Auditor General and National Audit Office Act.
(3) After the end of each financial year, and not later than the
date on which the estimates of the Authority are forwarded to the
Minister under article 54, the Authority shall cause a copy of the
statement of account duly audited to be transmitted to the Minister
together with a copy of any report made by the auditors on that
statement or on the accounts of the Authority.
(4) The Minister shall, at the earliest opportunity and not later
than eight weeks after he has received a copy of every such
statement and report, or if at any time during that period the House
is not in session, within eight weeks from the beginning of the next
following session, cause every such statement and report to be laid
on the Table of the House.
Deposit of 
revenues and 
payments by the 
Authority.
58. (1) All monies accruing to the Authority shall be paid into
a bank or banks appointed as bankers of the Authority by a
resolution of the Authority; such monies shall, as far as practicable,
be paid into any such banks from day to day, except such sum as
the Authority may authorise to be retained to meet petty
disbursements and immediate cash payments.
(2) All payments out of the funds of the Authority, other than
petty disbursements not exceeding a sum fixed by the Authority,
shall be made by such officer or officers of the Authority as the
same Authority shall appoint or designate for that purpose.
(3) Cheques against and withdrawals from any bank account of
the Authority shall be signed by such officer of the Authority as
may be appointed or designated by the Authority for that purpose
and shall be countersigned by the Chairman, or such other member
or officer of the Authority as may be authorised by the Authority
for that purpose.
(4) The Authority shall also make provision with respect to -
( a ) the manner in which, and the officer or officers by
whom, payments are to be authorised or approved;
( b ) the title of any account held with the bank or banks
into which the monies of the Authority are to be paid,
and the transfer of funds from one account to the other;
( c ) the method to be adopted in making payments out of
funds of the Authority,
and generally with respect to any matter which is relevant to the
proper keeping and control of the accounts and books, and the
control of the finance, of the Authority.
Unclaimed Prizes 
Reserve.
59. (1) The National Lottery licensee shall maintain a reserve,
to be styled as the Unclaimed Prizes Reserve, to which there shall
be credited and paid by such licensee an amount equal to the value
of any monetary prize or to the retail value of any non-monetary
prize in an authorised game operated by such licensee in terms of
the National Lottery licence, which remains unclaimed at the end of
LOTTERIES AND OTHER GAMES g CAP. 438.  45
the period for claiming such prize set out in the rules of the said
authorised game. Such payment into the Unclaimed Prizes Reserve
shall be made by the National Lottery licensee within seven days
from the end of the period for claiming the prize referred to above.
(2) All funds standing to the credit of the Unclaimed Prizes
Reserve of the National Lottery licensee after the 31st May and
30th November of each financial year of the licensee shall, not later
than two weeks from each of the aforesaid two dates of each
financial year of the licensee, be paid by the licensee to the
Authority and shall be credited and paid by the Authority into the
Gaming Authority National Lottery Reserve Fund referred to in
article 50(6): provided that in the case of termination or
cancellation of the National Lottery licence, all funds standing to
the credit of the Unclaimed Prizes Reserve on the eighth day after
the date of such termination or cancellation shall be paid by the
National Lottery licensee to the Authority by not later than two
weeks form such date of termination or cancellation. The National
Lottery licensee shall not distribute to its shareholders or otherwise
dispose of or use any funds from time to time standing to the credit
of the Unclaimed Prizes Reserve in any manner or for any purpose
other than as provided in this subarticle.
(3) A National Lottery licensee who acts in breach of any of the
provisions of the foregoing subarticles of this article shall be guilty
of an offence against this Act. Furthermore, compliance by the
National Lottery licensee with the said provisions shall be deemed
to be a condition attached to the National Lottery licence for the
purposes of this Act.
(4) The Minister may by regulations apply the provisions of
this article to other games licensees or to such categories of other
games licensees as may be specified in the same regulations.
Contracts of supply 
or works.
60. Without prejudice to any directions communicated by the
Minister under article 12(1), the Authority shall not, except with
the approval of the Minister granted for special reasons, award or
enter into any contract for the supply of goods or materials or for
the execution of works, or for the rendering of services, to or for
the benefit of the Authority, which is estimated by the Authority to
exceed three thousand liri in value, or such other amount as the
Minister may by regulations prescribe, except after notice of the
intention of the Authority to enter into the contract has been
published and competitive tenders have been issued.
Money laundering.
Cap. 373.
61. (1) Without prejudice to the provisions of the Prevention
of Money Laundering Act, hereinafter in this article called "the
Act", the Minister with the concurrence of the Minister responsible
for justice, may by order provide guidelines relating to the conduct
of a licensee or officers or employees thereof or persons acting on
his behalf or under an arrangement with him, or the Authority or
members, officers or employees thereof, in relation to certain
transactions that may give rise to any suspicion of money
laundering, and may in particular provide that the provisions of
article 9(1) of the Act shall apply with regard to licensees, gaming
and operation of games with such modifications and adaptations as
may be specified.
46 g CAP. 438. LOTTERIES AND OTHER GAMES
(2) Where a member, officer or employee of the Authority or
an officer or employee of a licensee or other person acting on
behalf of a licensee or under an arrangement with him, has reason
to suspect that a transaction, or a proposed transaction, could
involve money laundering, he shall act in accordance with the
regulations made under the Act and any regulations made under
this Act, as applicable thereto. 
Annual report. 62. The Authority shall, not later than six weeks after the end
of each financial year, make and transmit to the Minister a report
dealing generally with the activities of the Authority during that
financial year and containing such information relating to the
proceedings and policy of the Authority as the Minister may from
time to time require. The Minister shall, at the earliest opportunity
and not later than eight weeks after he has received a copy of every
such report, or if at any time during that period the House is not in
session, within eight weeks from the beginning of the next
following session, cause a copy of every such report to be laid on
the Table of the House.
PART XI - TRANSFER OF CERTAIN ASSETS TO THE 
AUTHORITY
Transfer of assets 
to the Authority.
63. * (1) ( a ) The property and undertakings owned by the
Government and used by it, immediately before
the date of the coming into force of this Part, for
the operation of any of the functions which by this
Act are being transferred to or vested in the
Authority shall, on the date aforesaid, by virtue of
this Act and without further assurance, be
transferred to and vested in the Authority under
the same title by which they were held by the
Government immediately before the said date. The
provisions of this paragraph shall not apply to
immovable property.
( b ) The immovable assets from time to time specified
in an Order made by the President of Malta and
published in the Gazette (hereinafter referred to as
"the immovable assets") being immovable assets
which immediately before the coming into force of
this Part were owned by the Government and used
by it for the operation of any of the functions
which by this Act are being transferred to or
vested in the Authority or otherwise for the
operation of any of the functions prescribed by
any law being repealed in terms of article 80,
shall, with effect from such day as may be
specified in any such order, and by virtue of this
Act and without any further assurance, be
transferred to and vested in the Authority under
the same title by which they were held by the
Government before such day.
*This article is not yet in force.
LOTTERIES AND OTHER GAMES g CAP. 438.  47
(2) The transfer and vesting aforesaid shall, subject to the
provisions of subarticle (1)( a ) and ( b ), extend to the whole of such
property and undertakings or assets and, without prejudice to the
generality aforesaid, shall include all plant, equipment, apparata,
instruments, vehicles, craft, buildings, structures, installations,
land, roads, works, stocks and other property, movable or
immovable, assets, powers, rights and privileges and all things
necessary or ancillary thereto which are held or enjoyed in
connection therewith or appertaining thereto, as well as all
obligations affecting or relating to any of the aforesaid property
and undertakings or assets or other thing included therein as
aforesaid.
Construction of 
laws, etc.
64. * Subject to the provisions of this Act, all laws, rules,
regulations, orders, judgements, decrees, awards, deeds, bonds,
contracts, agreements, instruments, documents, warrants and other
arrangements, subsisting immediately before the date of the coming
into force of this Part affecting or relating to the properties and
undertakings transferred to the Authority by virtue of article
63(1)( a ), or those affecting or relating to any immovable asset
referred to in article 63(1)( b ) in respect of which an Order as
referred to in the said article 63(1)( b ) has been published and
subsisting immediately before the date specified in such Order as
the date with effect from which the said immovable asset shall be
transferred to the Authority by virtue of the said article 63(1)( b ),
shall have full force and effect against or in favour of the
Authority, and shall be enforceable freely and effectually, as if
instead of the Government or government department or authority,
the Authority had been named therein or had been a party thereto,
and otherwise in substitution of the Government or government
department or authority.
Transitory 
provisions relating 
to the transfer of 
assets.
65.* (1) When anything has been commenced by or under the
authority of the Government prior to the date of the coming into
force of this Part and such thing relates to any of the properties and
undertakings referred to in article 63(1)( a ) or to any right or
liability related thereto transferred to the Authority by or under this
Act, such thing may be carried on and completed by or as
authorised by the Authority.
(2) Where immediately before the date of the coming into force
of this Part, any legal proceedings are pending to which the
Government is, or is entitled, to be a party, and such proceedings
are related to any of the properties and undertakings referred to in
article 63(1)( a ) or to any right or liability related thereto
transferred to the Authority by or under this Act, the Authority
shall, as from the date aforesaid, be substituted in such proceedings
for the Government, or shall be made a party thereto in like manner
as the Government could have become, and such proceedings shall
not abate by reason of the substitution.
(3) When anything has been commenced by or under the
authority of the Government prior to the date specified in an Order
as referred to in article 63(1)( b ) relating to an immovable asset as
*This article is not yet in force.
48 g CAP. 438. LOTTERIES AND OTHER GAMES
referred to in the said article 63(1)( b ) as the date with effect from
which the said immovable asset shall be transferred to the
Authority by virtue of the said article 63(1)( b ), and such thing
relates to the said immovable asset or any right or liability related
to such asset transferred to the Authority by or under this Act, such
thing may be carried on and completed by or as authorised by the
Authority.
(4) Where immediately before the date specified in an Order as
referred to in article 63(1)( b ) relating to an immovable asset as
referred to in the said article 63(1)( b ) as the date with effect from
which the said immovable asset shall be transferred to the
Authority by virtue of the said article 63(1)( b ), any legal
proceedings are pending to which the Government is or is entitled
to be a party, and such proceedings are related to the said
immovable asset or any right or liability related to such asset
transferred to the Authority by or under this Act, the Authority
shall, as from the date aforesaid, be substituted in such proceedings
for the Government, or shall be made a party thereto in like manner
as the Government could have become, and such proceedings shall
not abate by reason of the substitution.
Minister may make 
provisions to 
determine assets 
transferred to the 
Authority.
66. * The Minister may by order make such incidental,
consequential and supplemental provisions as he may deem
necessary or expedient for the purpose of determining, as
appropriate, the properties, undertakings or assets, rights or
liabilities transferred to the Authority by this Act and securing and
giving full effect to the transfer of any such property, undertaking
or asset or any right or liability to the Authority by this Act and
make such orders as may be necessary to make any powers and
duties exercisable by the Government in relation to any of the
transferred properties, undertakings, assets, rights or liabilities
exercisable by or on behalf of the Authority.
PART XII - OFFENCES AND PENALTIES
Penalty for 
offences against 
this Act.
67. (1) Any person guilty of an offence against this Act or any
Part thereof shall, on conviction, be liable to a fine ( multa ) of not
less than three thousand liri and not more than one hundred
thousand liri or to imprisonment for a term of not more than two
years, or to both such fine and imprisonment:
Provided that where the person convicted of an offence
against this Act is a recidivist, he shall be liable to a fine ( multa ) of
not less than five thousand liri and not more than one hundred and
fifty thousand liri, or to imprisonment for a term of not less than six
months and of not more than three years, or to both such fine and
imprisonment:
Provided further that where the person so found guilty is
the president, director, manager, secretary or other similar officer
of a company or other undertaking, organisation, club, society or
other association or body of persons, the said person shall, for the
purpose of this article, be deemed to be vested with the legal
*This article is not yet in force.
LOTTERIES AND OTHER GAMES g CAP. 438.  49
representation of the same company or other undertaking,
organisation, club, society or other association or body of persons,
which shall accordingly be liable  in   solidum  with the person found
guilty for the payment of the said fine:
Provided further that where the Attorney General in the
sanction issued in accordance with article 74(2), certifies that the
offence will be adequately punished with a fine ( multa ) of not less
than one hundred liri and not more than three thousand liri, the
applicable penalty shall be a fine ( multa ) of not less than one
hundred liri and not more than three thousand liri.
(2) The fine referred to in subarticle (1) hereof shall be
recoverable by the Minister responsible for sport as a civil debt in
favour of the Government where the relevant offence arises under
any provision of Part VIII, and where the relevant offence arises
under any other provision of this Act the said fine shall be
recoverable by the Chief Executive as a civil debt in favour of the
Government.
Cap. 446.
Cap. 9.
(3) The provisions of the Probation Act and of article 21 and
28A to 28I of the Criminal Code shall not apply with respect to
offences referred to in subarticle (1).
Administrative 
penalty.
68. (1) The Authority may with the concurrence of any
licensee or holder of a permit issued in terms of article 36 who
contravenes a condition of his licence or, as the case may be, of his
permit, or any directive issued by the Authority in terms of this Act
or of regulations made thereunder and applicable to such licensee
or, as the case may be, to such permit holder where such
contravention amounts to an offence against this Act, impose
administrative fines or sanctions upon such licensee or holder of a
permit as an alternative to proceedings in court.
(2) For the purposes of subarticle (1), where the Authority
decides to exercise its powers under the said subarticle (1), the
Authority shall enter into an agreement in writing with the offender
whereby the said offender pays a sum which shall not exceed one
hundred thousand liri and shall not be less than three thousand liri
as the Authority shall determine, and upon the signing of any such
agreement by the Authority and the offender all criminal liability of
the offender under this Act, with regard to the offence or offences
in relation to which the agreement has been entered, shall be
extinguished:
Provided that any forfeiture contemplated in this Act as a
consequence to the offence to which the agreement relates shall,
notwithstanding such agreement still take effect:
Provided further that any such agreement and the
provisions of this article shall be without prejudice to the power of
the Authority, where applicable, to cancel or suspend the licence or
permit held by the offender in terms of the provisions of this Act
relating to cancellation or suspension of the relevant licence or
permit.
(3) The provisions of subarticle (2) shall apply also in any case
where the offender has been charged before a Court in relation to
50 g CAP. 438. LOTTERIES AND OTHER GAMES
the offence, but before final judgement has been given in the case.
(4) Any sum due in virtue of an agreement entered into in terms
of subarticle (2) shall be due to the Authority as a civil debt. The
Authority shall not enter into an agreement as is referred to in
subarticle (2), unless such agreement is accompanied by the
payment of the sum due or an adequate and sufficient security for
its payment.
Counterfeit gaming 
devices and 
forgery of licences.
69. (1) It shall not be lawful for a person to use, or have in his
possession, any gaming device or a licence issued under, used or to
be used for the purposes of this Act, which the person knows to
have been forged, counterfeited or otherwise tampered with.
(2) It shall not be lawful for a person -
( a ) to forge, counterfeit or tamper with any gaming device
or any licence issued under, used or to be used for the
purposes of this Act; or
( b ) knowingly to utter any such forged, counterfeit or
tampered with gaming device or licence.
(3) Whosoever shall contravene subarticles (1) or (2) shall be
guilty of an offence against this Act. Furthermore, any gaming
device or licence referred to in the said subarticles shall be seized
and forfeited in favour of the Government.
Place used for 
unlawful gaming.
70. (1) Any person who knowingly permits the use of any
place for the purpose of the operation, promotion, sale or playing of
any game in contravention of any provision of this Act or of
regulations made thereunder or in breach of any conditions
attached to a licence issued under this Act or in breach of any
directive issued by the Authority in terms of this Act or of
regulations made thereunder or for the purpose of storage of a
relevant gaming device imported, manufactured or supplied in
contravention of the provisions of article 7 or in breach of the
conditions attached to a licence issued in terms of the said article 7
or for the purpose of manufacturing or carrying out maintenance of
a relevant gaming device in contravention of the provisions of
article 7 or in breach of the conditions attached to a licence in terms
of the said article 7, or who wilfully prevents any Police Officer
who is lawfully authorised to enter into any place suspected of
being used as aforesaid, from entering into such place or any part
thereof, or obstructs or delays any such officer in so entering, or by
any bolt, bar or other contrivance secures any external or internal
door or means of access to any such place or part thereof, or uses
any means or contrivance whatsoever for the purposes of
preventing, obstructing or delaying the entry of such officer into
any such place or any part thereof or for giving an alarm or warning
in case of such entry, shall be guilty of an offence against the Act.
(2) Where any Police officer who is lawfully authorised to
enter any place suspected of being used for any of the unlawful
purposes mentioned in subarticle (1) is wilfully prevented from or
obstructed or delayed in entering the same or any part thereof, or
where any bolt, bar or other contrivance or means whatsoever is
found in such place for securing any external or internal door or
LOTTERIES AND OTHER GAMES g CAP. 438.  51
means of access to any such place or for preventing, delaying or
obstructing the entry into the same by such officer or for giving
alarm or warning in case of such entry, it shall be evidence, until
the contrary is made to appear, that such place is used for the said
unlawful purposes and that the persons found therein were taking
part in the relevant unlawful activities.
(3) In addition to any penalty under any other provision of this
Act the money and effects representing the stakes as well as any
other money and gaming devices found in any place referred to
under subarticle (1) shall be seized and forfeited in favour of the
Government.
The use of the 
name "National 
Lottery" and false 
representations as 
to the National 
Lottery.
71. * (1) A person shall not, for the purposes of a game other
than a game forming part of the National Lottery, make use of the
names "National Lottery" or "Maltese National Lottery" or of any
name so closely resembling either of those names as to be
reasonably capable of leading to the belief that either of those
names is being referred to.
(2) It shall not be lawful for a person advertising, or selling, or
offering for sale, or offering the opportunity to participate in, a
game not forming part of the National Lottery to give, by whatever
means, a false indication that it is a game forming part of the
National Lottery.
(3) Whosoever shall contravene subarticles (1) or (2) shall be
guilty of an offence against this Act.
Forfeiture in 
favour of the 
Government.
72. In addition to any penalty under any other provision of this
Act, any gaming device and any moneys relating to or used in the
commission of any offence against this Act or any Part thereof, or
which has served or was intended to serve for the commission of
any such offence, shall be seized and forfeited in favour of the
Government.
Saving as to higher 
punishments 
established in the 
Criminal Code.
73. Where the fact which constitutes an offence under any
provision of this Act also constitutes an offence under any other
law and is liable to a higher punishment under such law, such
higher punishment shall be applied in lieu of the punishment
established in this Act.
Offences to be 
tried by the Court 
of Magistrates and 
sanction of the 
Attorney General.
74. (1) The Court of Magistrates, in its criminal jurisdiction,
shall be the competent court to take cognizance of offences against
this Act or any Part thereof.
(2) No proceedings for any offence against this Act or any Part
thereof shall be commenced without the sanction of the Attorney
General.
PART XIII - SUPPLEMENTAL PROVISIONS
Persons deemed 
public officers.
Cap. 9.
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.
*This article is not yet in force.
52 g CAP. 438. LOTTERIES AND OTHER GAMES
(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.
Codes of conduct 
and rules about 
responsible 
gaming.
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 broadcasting or television 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.
Derivatives.
Cap. 370.
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, contracts of differences, interest 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.
Power to make 
regulations.
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 -
( a ) regulate the issue, suspension and cancellation of a
licence under this Act and other matters connected
therewith, including measures to be taken in case of
the cancellation or suspension of any licence;
( b ) regulate games, including the payment of stakes and,
or prizes in games;
( c ) regulate the importation, manufacture, supply and
maintenance of relevant gaming devices and the use,
operation, control and supervision of gaming devices
and any other matter relating to gaming devices;
( d ) exempt all persons or specified categories of persons
LOTTERIES AND OTHER GAMES g CAP. 438.  53
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;
( e ) 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;
( f ) prescribe the records and accounts to be kept by a
licensee and other matters and obligations of licensees
relating to such records and accounts;
( g ) 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:
( h ) 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
54 g CAP. 438. LOTTERIES AND OTHER GAMES
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 five hundred thousand liri per year;
( i ) limit the number of tombola (bingo) hall licences
which may be granted and be in force at any time; and
( j ) 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 -
( a ) provide that such offices be under the supervision of
the Authority and of inspectors;
( b ) provide for the prevention against money laundering;
( c ) establish the tax which shall be paid on such games
provided from such offices; and
( d ) 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,
S.L.70.04
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 importation, 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,
without prejudice to the generality of the foregoing provisions of
this subarticle (5), he may by such regulations -
( a ) provide that such amusement machines may only be
imported, manufactured, supplied, maintained and, or
operated 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;
( b ) regulate the term, issue, suspension and cancellation
LOTTERIES AND OTHER GAMES g CAP. 438.  55
of, the fees, duties, taxes and, or other sums leviable
under, and other matters connected to, any licence
referred to in subarticle (5)( a ): provided that such
regulations may empower the Authority to prescribe
all or any of such matters itself in the licence;
( c ) provide that such amusement machines and, or the
importation, manufacture, supply, maintenance, use
and, or operation thereof be, or be made, under the
supervision of the Authority and of inspectors;
( d ) provide for fees, duties, taxes and, or other sums
leviable in respect of the importation, manufacture,
supply, maintenance, use and, or operation of such
amusement machines;
( e ) regulate the sale, purchase, importation, supply and, or
manufacture of amusement machines tokens;
( f ) prescribe the maximum and, or minimum price to be
paid to play an amusement game;
( g ) prescribe the type of premises where such amusement
machines can be kept, operated or used and other
matters relating to such premises and the maximum
and, or minimum number of amusement machines
which can be kept, operated or used in any such
premises; and
( h ) 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. 
(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 -
( a ) regulate the issue and revocation of the certificates of
approval referred to in articles 44 and 45 and other
matters connected therewith;
( b ) regulate the conduct of horse races and dog races on
approved racecourses and regulate approved racing
clubs and their operations;
( c ) regulate the functions of Racecourse Control Boards,
confer powers on such Boards and regulate the
exercise of such functions and powers;
( d ) prescribe matters in respect of which Racecourse
Control Boards may make rules and regulations in
terms of article 46(3);
( e ) 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;
( f ) 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
56 g CAP. 438. LOTTERIES AND OTHER GAMES
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,
Third, Fourth, Fifth and Sixth Schedules and the Minister
responsible for sport may by regulations 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 one hundred
thousand liri in respect of any contravention of, or failure to
comply with, the provisions of such regulations.
Serving of notices. 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:
( a ) by delivering it to the person on whom it is to be
served or to whom it is to be given; or
( b ) 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
( c ) by sending it by registered mail addressed to that
person at the place of abode or the address for service
aforesaid; or
( d ) 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
( e ) 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.
Amendments, 
repeals and 
savings.
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.
*2nd September, 2002 - vide Legal Notice 240 of 2002.
LOTTERIES AND OTHER GAMES g CAP. 438.  57
Cap. 400.
(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.
(3) The following Acts are hereby repealed:
Cap. 70.† Public Lotto Ordinance;
Cap. 78.‡ Racecourse Betting Ordinance;
Cap. 122.§ Director of Public Lotto (Constitution of Office) Act;
Cap. 131.
Cap. 137.** Director of Public Lotto (Powers and Functions) Act;
Cap. 150.
Cap. 238.
Cap. 292.†† Government Lotteries Act.
S.L.70.05
(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.
Cap. 78.
(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.
*2nd September, 2002 - vide Legal Notice 240 of 2002.
†this paragraph is not yet in force.
‡this paragraph is not yet in force.
§this paragraph is not yet in force.
**this paragraph is not yet in force.
††this paragraph is not yet in force.
58 g CAP. 438. LOTTERIES AND OTHER GAMES
FIRST SCHEDULE
Article 37
Non-profit games
Application for a licence.
1. (1) An application for a non-profit game licence shall be made by or on
behalf of the non-profit organization which intends to operate the non-profit game,
in the form and manner required by the Authority.
(2) Such application shall at least contain the following information:
( a ) the name and address of the applicant and the address in Malta where
any documents may be served on the applicant;
( b ) the type of the non-profit game which the applicant wants to operate,
and such particulars relating to the rules and regulations regarding the
procedures for operating and playing such non-profit game as the
Authority may require or as may be prescribed by regulations;
( c ) the dates, times and places when and wherefrom the relevant non-profit
game will be operated and offered to the public and, where applicable,
the date or dates, time or times and place or places for the drawing or
drawings of the non-profit game; and
( d ) the purpose for which the net proceeds of the relevant non-profit game
are intended.
(3) The application shall also contain or be accompanied with such other
information, documents and particulars as the Authority may require or as may be
prescribed by regulations.
(4) An application for a non-profit game licence has to be made in respect of
each and every non-profit game which a non-profit organization wants to operate,
although a non-profit game licence may be granted in respect of a non-profit game
which is to be operated on different days or at different times or for a specified
period. Except where the game to be operated under the non-profit game licence is a
tombola game, the Authority may not grant a non-profit game licence to the same
non-profit organisation more than -
( a ) twelve times in any calendar year; or
( b ) such number of times in any calendar year as would ensure that the
aggregate retail value of all prizes which can be won in all non-profit
games operated by such non-profit organisation under all non-profit
game licences granted to such organisation in such year does not exceed
the amount of ten thousand liri,
whichever is the lesser.
(5) After the submission of an application for a non-profit game licence, the
Authority shall have the power to require the applicant to provide such other
information in addition to that given with the application as the Authority may deem
necessary for the purpose of determining the said application. 
Grant of licence.
2. The Authority shall not issue a non-profit game licence to a person unless
that person is a non-profit organization and the Authority is satisfied that -
( a ) the proposed licensee is a fit and proper person so as to ensure, or where
LOTTERIES AND OTHER GAMES g CAP. 438.  59
the proposed licensee is not an individual, the persons who exercise
effective control and management of the affairs of the proposed licensee
are fit and proper to carry out their functions and duties in relation to
the proposed licensee in such manner as to ensure, the proper operation
of the relevant non-profit game by the proposed licensee;
( b ) the proposed licensee will comply in all respects with the provisions of
this Act and of any regulations made thereunder applicable to it, and
with the terms and conditions of the non-profit game licence and with
any directive issued by the Authority in terms of this Act or of
regulations made thereunder and applicable to it.
Form of licence.
3. (1) The non-profit game licence shall be in such form as the Authority may
determine or as may be prescribed by regulations. 
(2) The grant of a non-profit game licence does not exonerate the licensee from
obtaining any other licence, permit or authorization which may be required under
any other law.
Licence conditions and variations and revocations thereof.
4. (1) In granting a non-profit game licence, the Authority may subject it to
such conditions as it may deem appropriate, and having granted such licence the
Authority may, from time to time, vary or revoke any condition so imposed or
impose new conditions:
Provided that whenever the Authority deems it appropriate to vary any
condition or impose any new condition in the non-profit game licence, the Authority
shall, unless such variation or imposition of a new condition has been requested by
the licensee himself, inform the licensee by notice in writing of its intention to vary
the said condition or to impose the said new condition, calling upon the said licensee
to show cause, within such period being not less than seven days after the issue of
the notice as may be specified in the same notice, why such condition should not be
varied or such new condition should not be imposed, and the Authority shall
consider any response made by the licensee within the period specified in the notice,
before varying the condition or before imposing the new condition.
(2) Conditions in a non-profit game licence may impose requirements to be
complied with by the licensee after the licence has ceased to have effect.
(3) A non-profit game licence may impose conditions requiring the licensee:
( a ) to obtain the consent of the Authority before doing anything specified,
or of a description specified, in the licence; and
( b ) to refer matters specified, or of a description specified, in the licence to
the Authority for approval.
(4) A non-profit game licence shall include a condition requiring the licensee to
pay to the Authority, at such times as may be prescribed by regulations, such fees,
duties, taxes and, or other sums as may be so prescribed, which fees, duties, taxes
and, or sums shall be in addition to those which the licensee may be required to pay
under any law other than this Act.
(5) Where the non-profit game being the subject of the non-profit game licence
is not a tombola game, the non-profit game licence shall be deemed to include a
condition that -
( a ) the prize or prizes which can be won in such game shall not consist of
60 g CAP. 438. LOTTERIES AND OTHER GAMES
money or a cheque or similar document entitling the holder to convert it
into money;
( b ) the aggregate retail value of all prizes which can be won in such game
shall not exceed the amount of ten thousand liri or such lesser amount as
is necessary to ensure that the provisions of item 1(4) of this Schedule
are complied with; and
( c ) the amount of each stake in such game shall not exceed fifty cents.
(6) Where the non-profit game being the subject of the non-profit game licence
is a tombola game, the non-profit game licence shall be deemed to include a
condition that -
( a ) the price for each tombola scoresheet participating in the relevant
tombola game shall not exceed thirty cents, and when the said tombola
game can be played by a tombola scorecard or a number of tombola
scorecards which fall short of a whole tombola scoresheet, the price for
each such tombola scorecard shall not exceed such proportion of thirty
cents equivalent to the proportion which the total number of numbers,
symbols or pictures printed or otherwise electronically represented on
such tombola scorecard bears to the total number of numbers, symbols
or pictures participating in the relevant tombola game and printed or
otherwise electronically represented on a tombola scoresheet
participating in such game;
( b ) not less than sixty  per centum  of the amount collected in sales of
tombola scoresheets and tombola scorecards participating in the
relevant tombola game shall be distributed in prizes in respect of such
game.
Changes in effective control and management etc.
5. (1) ( a ) If the non-profit game licensee is not an individual, such licensee
shall within five days of any change in the persons who exercise effective control
and management of the affairs of the licensee inform the Authority of such change.
The licensee shall also inform the Authority of any material changes in the
information and documentation provided by the licensee in terms of item 1(2), (3)
and (5) of this Schedule or in terms of any other provision of this Act or of
regulations made thereunder or in terms of conditions attached to the non-profit
game licence, as soon as it becomes aware of such changes.
( b ) Where owing to any change as is referred to in paragraph ( a ) hereof,
whether the Authority has been informed of such change in accordance with the said
paragraph ( a ) or not, a situation is brought about that, had it existed at the time of the
application for the non-profit game licence, it would have disqualified the licensee
from obtaining a licence in terms of item 2 of this Schedule, the Authority shall by
notice inform the licensee accordingly, and if the situation shall not have been
remedied to the satisfaction of the Authority within five days from the notice to that
effect by the Authority, the Authority shall cancel such licence without complying
with the provisions of item 8 of this Schedule:
Provided that the Authority shall not issue a notice as aforesaid any later
than one month after being informed by the licensee of the change in accordance
with paragraph ( a ) hereof.
(2) Failure by the licensee to comply with the provisions of sub-item (1) hereof
shall constitute an offence against this Act.
LOTTERIES AND OTHER GAMES g CAP. 438.  61
Assignment or surrender of licence.
6. (1) A non-profit game licence may not be assigned or transferred by the
non-profit game licensee to any other person.
(2) The non-profit game licensee may not surrender the non-profit game licence
during the licence term without the prior approval in writing of the Authority, and if
such approval is given, the licence may then be surrendered only subject to such
terms and conditions as may be specified by the Authority in its approval.
(3) If a non-profit game licence is assigned or transferred by the non-profit
game licensee to any other person -
( a ) such licence shall be considered null and void; and
( b ) the Authority may issue a directive to such licensee to do or restrain
from doing any act which the Authority may deem appropriate in the
circumstances, and such licensee shall comply with any such directive,
failing which it shall be guilty of an offence against this Act.
(4) A non-profit game licensee who acts in breach of the provisions of this item
6 shall be guilty of an offence against this Act.
Grounds for cancellation or suspension of licence.
7. The Authority may order the cancellation or suspension of a non-profit game
licence on any of the following grounds:
( a ) the licensee, or any person who exercises effective control and
management of the affairs of the licensee, is convicted of an offence
against this Act, or of theft, receiving stolen property, fraud or any
crime affecting public trust; 
( b ) the licensee contravenes any provision of this Act or of any regulations
made thereunder applicable to it, or is in breach of any condition in the
non-profit game licence or any directive issued by the Authority in
terms of this Act or of regulations made thereunder and applicable to it;
( c ) the licensee knowingly or recklessly supplies to the Authority material
information that is false or misleading;
( d ) the licensee fails to fulfil his financial commitments when they become
due and payable;
( e ) the intended purpose of the net proceeds of the relevant non-profit game
in respect of which the licence has been granted, no longer exists;
( f ) the licensee is being wound up; or
( g ) the Authority is reasonably satisfied that the licensee is not, or has
ceased to be, a suitable person to hold the non-profit game licence, or it
reasonably deems it necessary in the national interest to cancel or
suspend the non-profit game licence.
Procedures for the cancellation or suspension of the licence.
8. (1) Where a ground for cancellation or suspension of a non-profit game
licence arises under item 7 of this Schedule, the Authority shall, by notice in writing,
request the licensee, and may request any other person who in its opinion has an
interest in the licence, to show cause, within such period being not less than five
days after the issue of the notice as specified in the same notice, why the licence
should not be cancelled or suspended on such ground as is stated in the notice.
(2) The Authority shall have regard to any response made under sub-item (1)
62 g CAP. 438. LOTTERIES AND OTHER GAMES
hereof in such manner that -
( a ) where the matter is resolved to its satisfaction, it shall take no further
action, and shall inform the licensee in writing accordingly;
( b ) where, although the matter is not resolved to its satisfaction, it considers
that further action is not warranted, it shall caution the licensee in
writing; or
( c ) where the matter is not resolved to its satisfaction and it is satisfied that
further action is warranted, it may -
(i) by notice in writing give such direction to the licensee as it
considers appropriate; or
(ii) suspend the licence for such period as it thinks fit, or cancel such
licence.
(3) Where a direction given by the Authority under sub-item (2)( c )(i) hereof is
not complied with within the time specified in the notice, the Authority shall cancel
the licence.
Non-profit games not to be held in a tombola (bingo) hall.
9. A non-profit game licensee may not hold a non-profit game in a tombola
(bingo) hall, and failure by a non-profit game licensee or by a tombola (bingo) hall
licensee to comply with this item 9 shall constitute an offence against this Act.
Net proceeds of non-profit game to be applied only for stated purpose.
10. A non-profit game licensee who, without the prior approval of the
Authority, applies the net proceeds of the non-profit game in respect of which the
non-profit game licence has been granted for any purpose other than that indicated in
the application for the licence, shall be guilty of an offence against this Act.
SECOND SCHEDULE
Article 38
Commercial tombola games in tombola (bingo) halls
Duration and renewal of licence.
1. (1) A yearly tombola (bingo) hall licence shall be issued for an effective
term of one year.
(2) A seasonal tombola (bingo) hall licence shall be issued for an effective term
of six months.
(3) Unless it is previously cancelled, a yearly tombola (bingo) hall licence may
be renewed by the Authority for further periods of one year each, and a seasonal
tombola (bingo) hall licence may be renewed by the Authority for further periods of
six months each.
(4) Any such renewal as is mentioned in sub-item (3) hereof is subject to
compliance by the tombola (bingo) hall licensee, during the immediately preceding
original or renewed term of the licence, with the provisions of this Act and of any
regulations made thereunder, and with the terms and conditions of the licence and
with any directive issued by the Authority in terms of this Act or of regulations made
thereunder and applicable to such licensee, and subject to the acceptance by the
LOTTERIES AND OTHER GAMES g CAP. 438.  63
Authority of the written application for such renewal made by the licensee to the
Authority by such date before the expiry of the immediately preceding original or
renewed term of the licence as the Authority has specified in the licence, and
containing such information as the Authority has specified therein as necessary or
expedient to enable it determine whether to renew the said licence.
(5) After the submission of an application for the renewal of a tombola (bingo)
hall licence, the Authority may require the applicant to provide such other
information, in addition to that provided together with the application, as may be
deemed necessary for the purpose of determining the said application.
Application for a licence.
2. (1) An application for a tombola (bingo) hall licence shall be made by, or on
behalf of, the company registered in Malta which intends to operate commercial
tombola games in a tombola (bingo) hall, in the form and manner required by the
Authority.
(2) Such application shall at least contain the following information:
( a ) the name, registered office and registration number of the applicant
company and the address in Malta for the service of documents on the
applicant company;
( b ) a description of the location, layout and specifications of the premises
in respect of which the application is made;
( c ) the dates or days of the week, and the tombola (bingo) sessions or times
during such dates or days, on and during which commercial tombola
games are to be operated; and
( d ) the rules and regulations regarding the procedures for operating and
playing the commercial tombola game, the winning combinations, the
elements of the tombola game, the proposed procedures for the printing,
procurement, distribution, use and sale of tombola scorecards and
tombola scoresheets, the number, type and specifications of gaming
devices to be used in operating and playing the game, the selling price
of tombola scorecards and tombola scoresheets proposed to be applied,
the proposed prizes, the proposed procedures for payment and
distribution of prizes, the proposed procedures for making
reimbursements to players, the proposed procedures for keeping
registers recording the tombola games played and the proposed
measures to ensure the regular operation and playing of the tombola
game.
(3) Such application shall contain or be accompanied by -
( a ) a copy of the certificate of registration and of the memorandum and
articles of association of the applicant company;
( b ) a site plan of the premises in respect of which the application is made;
( c ) a certificate indicating the safety of the premises against fire and other
accidents; and
( d ) such other information, documents and particulars as the Authority may
require or as may be prescribed by regulations.
(4) After the submission of an application for a tombola (bingo) hall licence, the
Authority shall have the power to require the applicant to provide such other
information in addition to that provided together with the application as it shall deem
necessary for the purpose of determining the said application.
64 g CAP. 438. LOTTERIES AND OTHER GAMES
Grant of a licence. 
3. The Authority shall not issue a tombola (bingo) hall licence to a person
unless that person is a company registered in Malta and the Authority is satisfied
that-
( a ) the voting share capital of the company is owned directly or indirectly
by a person or persons who are fit and proper to benefit from the
operation by the company of commercial tombola games and to exercise
their rights of membership in such manner as to ensure the proper
operation by the company of commercial tombola games;
( b ) the director or directors of the company are fit and proper to manage the
company and to exercise their functions and duties as directors in such
manner as to ensure the proper operation by the company of commercial
tombola games;
( c ) the company has the financial and technical means and the expertise
necessary to properly operate commercial tombola games and to fulfil
all its obligations under this Act; 
( d ) the company will, prior to the commencement of operations, take out
and thereafter maintain, the bank guarantee referred to in item 6 of this
Schedule as provided and in accordance with the said item 6; and 
( e ) the company will comply in all respects with the provisions of this Act
and of any regulations made thereunder applicable to it, and with the
terms and conditions of the licence and with any directive issued by the
Authority in terms of this Act or of regulations made thereunder and
applicable to it.
Form of licence.
4. (1) The tombola (bingo) hall licence shall be in such form as the Authority
may determine or as may be prescribed by regulations.
(2) The grant of a tombola (bingo) hall licence does not exonerate the licensee
from obtaining any other licence, permit or authorization which may be required
under any other law.
Licence conditions and variations or revocations thereof.
5. (1) In granting a tombola (bingo) hall licence the Authority may subject it to
such conditions as it may deem appropriate, including conditions relating to the
maintenance of a tombola game centralised control system, and having granted such
licence the Authority may, from time to time, vary or revoke any condition so
imposed or impose new conditions:
Provided that whenever the Authority deems it appropriate to vary any
condition or impose any new condition in a tombola (bingo) hall licence, the
Authority shall, unless such variation or imposition of a new condition has been
requested by the licensee himself, inform the licensee by notice in writing of its
intention to vary the said condition or to impose the said new condition, and call
upon the said licensee to show cause, within such period being not less that twenty-
one days after the issue of the notice as may be specified in the same notice, why
such condition should not be varied or such new condition should not be imposed,
and the Authority shall consider any response made by the licensee within the period
specified in the notice before varying the condition or before imposing the new
condition.
(2) Conditions in a tombola (bingo) hall licence may impose requirements to be
LOTTERIES AND OTHER GAMES g CAP. 438.  65
complied with by the licensee after the licence has ceased to have effect.
(3) A tombola (bingo) hall licence may impose conditions requiring the
licensee-
( a ) to obtain the consent of the Authority before doing anything specified,
or of a description specified, in the licence; and
( b ) to refer matters specified, or of a description specified, in the licence to
the Authority for approval.
(4) A tombola (bingo) hall licence shall be deemed to include a condition
requiring the licensee to obtain the consent of the Authority before entering into any
arrangement with any person, other than an employee of the licensee, for the
operation of commercial tombola games within the tombola (bingo) hall in respect of
which the tombola (bingo) hall licence has been granted to such licensee.
(5) A tombola (bingo) hall licence shall include a condition requiring the
licensee to pay to the Authority, at such times as may be prescribed by regulations,
such fees, duties, taxes and, or other sums as may be so prescribed, which fees,
duties, taxes and, or sums shall be in addition to those which the licensee may be
required to pay under any law other than this Act.
Requirement of bank guarantee.
6. (1) A tombola (bingo) hall licence shall include a condition requiring the
licensee to take out, prior to the commencement of operations, a bank guarantee, to
be issued by a bank or by a credit or financial institution acceptable to the Authority,
in favour of the Authority and on its own behalf and on behalf of the Government, to
the amount of ten thousand liri, for securing -
( a ) the payment and distribution of prizes by the licensee to winners of
commercial tombola games operated under the licence;
( b ) the payment of fees, taxes, duties or any other sums payable by the
licensee to the Authority in terms of item 5(5) of this Schedule;
( c ) the payment by the licensee of any fines or administrative penalties
imposed on it under Part XII or under regulations made under this Act.
(2) The bank guarantee shall become payable to the Authority on its first
demand, and it shall not be incumbent upon the relative bank, credit or financial
institution which issued the bank guarantee to verify whether such demand is
justified.
(3) The bank guarantee shall remain valid until the expiry of one year from the
expiry of the licence or until such time as the Authority considers and notifies the
licensee in writing that such bank guarantee is no longer required, whichever is the
earlier.
(4) The bank guarantee shall be subject to such other terms and conditions as
may be specified in the licence or as may be prescribed by regulations made under
this Act.
Changes in ownership and management etc.
7. (1) ( a ) Without prejudice to the provisions of item 8 of this Schedule, it
shall be the duty of the tombola (bingo) hall licensee and of the directors thereof, to
inform the Authority of any change in, or in the direct or indirect ownership of, the
voting share capital of the licensee, or of any change in the management or Board of
Directors of the licensee, within five days of such change. It shall also be the duty of
the licensee and of its directors to inform the Authority of any material changes in
66 g CAP. 438. LOTTERIES AND OTHER GAMES
the information and documentation provided by the licensee in terms of item 2(2),
(3) and (4) of this Schedule or in terms of any other provision of this Act or of
regulations made thereunder or in terms of conditions attached to the tombola
(bingo) hall licence, as soon as they become aware of such changes.
( b ) Where owing to any change as is referred to in paragraph ( a ) hereof,
whether the Authority has been informed of such change in accordance with the said
paragraph ( a ) or not, a situation is brought about that, had it existed at the time of the
application for the tombola (bingo) hall licence, it would have disqualified the
licensee from obtaining a licence in terms of item 3 of this Schedule, the Authority
shall by notice inform the licensee accordingly, and if the situation shall not have
been remedied to the satisfaction of the Authority within one calendar month from
the notice to that effect by the Authority, the Authority shall cancel such licence
without complying with the provisions of item 10 of this Schedule:
Provided that the Authority shall not issue a notice as aforesaid any later
than three calendar months after being informed by the licensee or its directors of the
change in accordance with paragraph ( a ) hereof.
(2) Failure by the licensee or the directors thereof to comply with the provisions
of sub-item (1)( a ) hereof shall constitute an offence against this Act.
Assignment or surrender of licence and transfer of controlling interests.
8. (1) It shall be the duty of a tombola (bingo) hall licensee to obtain the prior
approval in writing of the Authority before taking any of the actions set out in
paragraphs ( a ) to ( f ) of sub-item (2) of this item 8, and if such approval is given, the
licensee may then take any of the said actions only subject to such terms and
conditions as may be specified by the Authority in its approval. A tombola (bingo)
hall licensee who acts in breach of the provisions of this sub-item (1) shall be guilty
of an offence against this Act. It shall be the duty of all the directors of the licensee
to inform the Authority forthwith upon becoming aware that the licensee intends to
take any of the said actions, and in default they shall be guilty of an offence against
this Act.
(2) The actions referred to in sub-item (1) of this item 8 are:
( a ) the transfer or assignment of the tombola (bingo) hall licence by the
tombola (bingo) hall licensee to any other person;
( b ) the sale or other disposition by the tombola (bingo) hall licensee of its
business, whether in whole or in part;
( c ) the merger by the tombola (bingo) hall licensee with any other
company;
( d ) the tombola (bingo) hall licensee undergoing any reconstruction,
division or any conversion of its status from a company into any other
kind of commercial partnership;
( e ) the reduction of the nominal or issued share capital of the tombola
(bingo) hall licensee or the increase or reduction of its voting share
capital or any material change in voting rights in such licensee; or
( f ) the surrender of the tombola (bingo) hall licence by the tombola (bingo)
hall licensee during the licence term.
(3) It shall be the duty of any person who holds or owns a controlling interest in
a tombola (bingo) hall licensee to obtain the prior approval in writing of the
Authority before transferring such controlling interest to any other person, or such
part thereof as would cause him to cease to hold or own a controlling interest in the
LOTTERIES AND OTHER GAMES g CAP. 438.  67
licensee or as would cause the transferee to acquire a controlling interest in the
licensee, and if such approval is given, the said person may then transfer such
controlling interest or part thereof as aforesaid only subject to such terms and
conditions as may be specified by the Authority in its approval. A person who acts in
breach of the provisions of this sub-item (3) shall be guilty of an offence against this
Act. It shall be the duty of the tombola (bingo) hall licensee and of all the directors
thereof to inform the Authority forthwith upon becoming aware that any person who
holds or owns a controlling interest in the licensee intends to transfer such
controlling interest or part thereof as aforesaid to any other person, and in default
they shall be guilty of an offence against this Act.
(4) For the purposes of this sub-item (3) and of any other provision of this
Schedule which makes reference to this sub-item (3), "controlling interest in a
tombola (bingo) hall licensee" means a direct shareholding in a tombola (bingo) hall
licensee which represents at least twenty  per centum  of the voting share capital
issued by such licensee.
If a tombola (bingo) hall licensee takes any of the actions set out in
paragraphs ( a ) to ( e ) of sub-item (2) of this item 8, or if a person referred to in sub-
item (3) of this item 8 effects a transfer of a controlling interest in the licensee or
part thereof as referred to in the said sub-item (3) to any other person, without the
prior approval in writing of the Authority, or in breach of any terms and conditions
specified by the Authority in any such approval, the Authority may, without
prejudice to its powers under items 9 and 10 of this Schedule -
issue a directive declaring such action or transfer to be void and of no
effect, which directive shall be effective against all persons involved in
such action or transfer notwithstanding the provisions of any other law<
and, or
issue a directive to such licensee or, as the case may be, to such person
to do or restrain from doing any act which the Authority may deem
appropriate in the circumstances,
and such licensee or, as the case may be, such person shall comply with any such
directive issued to it by the Authority in terms of paragraph ( b ) of this sub-item (4),
failing which it shall be guilty of an offence against this Act.
Grounds for cancellation or suspension of licence.
9. The Authority may order the cancellation or suspension of a tombola (bingo)
hall licence on any of the following grounds:
( a ) any director or manager of the licensee is convicted of an offence
against this Act, or of theft, receiving stolen property, fraud or any
crime affecting public trust; 
( b ) the licensee contravenes any provision of this Act or of any regulations
made thereunder applicable to it, or is in breach of any condition in the
tombola (bingo) hall licence or any directive issued by the Authority in
terms of this Act or of regulations made thereunder and applicable to it;
( c ) the licensee knowingly or recklessly supplies to the Authority material
information that is false or misleading;
( d ) the licensee fails to fulfil his financial commitments when they become
due and payable;
( e ) the licensee fails to take out and maintain the required bank guarantee
as provided and in accordance with item 6 of this Schedule;
( f ) the licensee is being wound up;
68 g CAP. 438. LOTTERIES AND OTHER GAMES
( g ) any person as is referred to in item 8(3) of this Schedule transfers a
controlling interest in the licensee or such part thereof as referred to in
the said item 8(3) to any other person, without the prior approval in
writing of the Authority as required by the said item 8(3), or in breach
of any terms and conditions specified by the Authority in any such
approval; or
( h ) the Authority is reasonably satisfied that the licensee is not, or has
ceased to be, a suitable person to hold the tombola (bingo) hall licence,
or it reasonably deems it necessary in the national interest to cancel or
suspend the tombola (bingo) hall licence.
Procedures for the cancellation or suspension of licence.
10. (1) Where a ground for cancellation or suspension of a tombola (bingo) hall
licence arises under item 9 of this Schedule, the Authority shall, by notice in writing,
request the licensee, and may request any other person who in its opinion has an
interest in the licence, to show cause, within such period being not less than twenty-
one days after the issue of the notice as specified in the same notice, why the licence
should not be cancelled or suspended on such ground as is stated in the notice.
(2) The Authority shall have regard to any response made under sub-item (1)
hereof in such manner that -
( a ) where the matter is resolved to its satisfaction, it shall take no further
action and shall inform the licensee in writing accordingly;
( b ) where, although the matter is not resolved to its satisfaction, it considers
that further action is not warranted, it shall caution the licensee in
writing; or
( c ) where the matter is not resolved to its satisfaction and it is satisfied that
further action is warranted, it may -
(i) by notice in writing give such direction to the licensee as it
considers appropriate; or
(ii) suspend the licence for such period as it thinks fit, or cancel such
licence.
(3) Where a direction given by the Authority under sub-item (2)( c )(i) hereof is
not complied with within the time specified in the notice, the Authority shall cancel
the licence.
Other operations in a tombola (bingo) hall.
11. A tombola (bingo) hall may not be used for the conduct of operations other
than the operation of commercial tombola games without the Authority’s prior
approval in writing of such other operations. Failure by a tombola (bingo) hall
licensee to comply with the provisions of this item 11 shall constitute an offence
against this Act.
LOTTERIES AND OTHER GAMES g CAP. 438.  69
THIRD SCHEDULE
Article 40
Commercial communication games
Application for a licence.
1. (1) An application for a commercial communication game licence shall be
made by or on behalf of the person who intends to operate the commercial
communication game, in the form and manner required by the Authority.
(2) Such application shall at least contain the following information:
( a ) the name and address of the applicant and the address in Malta where
any documents may be served on the applicant;
( b ) the type of the commercial communication game which the applicant
wants to operate, and such particulars relating to the rules and
regulations regarding the procedures for operating and playing such
commercial communication game as the Authority may require or as
may be prescribed by regulations;
( c ) the dates, times and places when and wherefrom the commercial
communication game will be operated and offered to the public and,
where applicable, the date or dates, time or times and place or places for
the drawing or drawings of the commercial communication game; and
( d ) the goods or services the sale of which is intended to be promoted
through the operation of the commercial communication game.
(3) The application shall also contain or be accompanied with such other
information, documents and particulars as the Authority may require or as may be
prescribed by regulations.
(4) An application for a commercial communication game licence has to be
made in respect of each and every commercial communication game which the
applicant wants to operate, although a broadcasting media game licence may be
granted in respect of a broadcasting media game which is to be operated on different
days or at different times or for a specified period.
(5) After the submission of an application for a commercial communication
game licence, the Authority shall have the power to require the applicant to provide
such other information in addition to that given with the application as the Authority
may deem necessary for the purpose of determining the said application.
Grant of a licence.
2. The Authority shall not issue a commercial communication game licence to
a person unless the Authority is satisfied that -
( a ) the proposed licensee is a fit and proper person so as to ensure, or where
the proposed licensee is not an individual, the persons who exercise
effective control and management of the affairs of the proposed licensee
are fit and proper to carry out their functions and duties in relation to
the proposed licensee in such manner as to ensure, the proper operation
of the relevant commercial communication game by the proposed
licensee;
( b ) the proposed licensee will comply in all respects with the provisions of
this Act and of any regulations made thereunder applicable to it, and
with the terms and conditions of the commercial communication game
70 g CAP. 438. LOTTERIES AND OTHER GAMES
licence and with any directive issued by the Authority in terms of this
Act or of regulations made thereunder and applicable to it.
Form of licence.
3. (1) The commercial communication game licence shall be in such form as
the Authority may determine or as may be prescribed by regulations.
(2) The grant of a commercial communication game licence does not exonerate
the licensee from obtaining any other licence, permit or authorization which may be
required under any other law.
Licence conditions and variations or revocations thereof.
4. (1) In granting a commercial communication game licence, the Authority
may subject it to such conditions as it may deem appropriate, and having granted
such licence the Authority may, from time to time, vary or revoke any condition so
imposed or impose new conditions:
Provided that whenever the Authority deems it appropriate to vary any
condition or impose any new condition in the commercial communication game
licence, the Authority shall, unless such variation or imposition of a new condition
has been requested by the licensee himself, inform the licensee by notice in writing
of its intention to vary the said condition or to impose the said new condition, calling
upon the said licensee to show cause, within such period being not less than seven
days after the issue of the notice as may be specified in the same notice, why such
condition should not be varied or such new condition should not be imposed, and the
Authority shall consider any response made by the licensee within the period
specified in the notice, before varying the condition or before imposing the new
condition.
(2) Conditions in a commercial communication game licence may impose
requirements to be complied with by the licensee after the licence has ceased to have
effect.
(3) A commercial communication game licence may impose conditions
requiring the licensee -
( a ) to obtain the consent of the Authority before doing anything specified,
or of a description specified, in the licence; and
( b ) to refer matters specified, or of a description specified, in the licence to
the Authority for approval.
(4) A commercial communication game licence shall include a condition
requiring the licensee to pay to the Authority, at such times as may be prescribed by
regulations, such fees, duties, taxes and, or other sums as may be so prescribed,
which fees, duties, taxes and, or sums shall be in addition to those which the licensee
may be required to pay under any law other than this Act.
(5) A commercial communication game licence shall be deemed to include a
condition that -
( a ) the prize or prizes which can be won in such game shall not consist of
money or a cheque or similar document entitling the holder to convert it
into money; and
( b ) the aggregate retail value of all prizes which can be won in such game
shall not exceed the amount of twenty five thousand liri.
LOTTERIES AND OTHER GAMES g CAP. 438.  71
Changes in effective control and management etc.
5. (1) ( a ) If the commercial communication game licensee is a person other
than an individual, such licensee shall within five days of any change in the persons
who exercise effective control and management of the affairs of the licensee inform
the Authority of such change. The licensee shall also inform the Authority of any
material changes in the information and documentation provided by the licensee in
terms of item 1(2), (3) and (5) of this Schedule or in terms of any other provision of
this Act or of regulations made thereunder or in terms of conditions attached to the
commercial communication game licence, as soon as it becomes aware of such
changes.
( b ) Where owing to any change as is referred to in paragraph ( a ) hereof,
whether the Authority has been informed of such change in accordance with the said
paragraph ( a ) or not, a situation is brought about that, had it existed at the time of the
application for the commercial communication game licence, it would have
disqualified the licensee from obtaining a licence in terms of item 2 of this Schedule,
the Authority shall by notice inform the licensee accordingly, and if the situation
shall not have been remedied to the satisfaction of the Authority within five days
from the notice to that effect by the Authority, the Authority shall cancel such
licence without complying with the provisions of item 8 of this Schedule:
Provided that the Authority shall not issue a notice as aforesaid any later
than one month after being informed by the licensee of the change in accordance
with paragraph ( a ) hereof.
(2) Failure by the licensee to comply with the provisions of sub-item (1) hereof
shall constitute an offence against this Act.
Assignment or surrender of licence.
6. (1) A commercial communication game licence may not be assigned or
transferred by the commercial communication game licensee to any other person.
(2) The commercial communication game licensee may not surrender the
commercial communication game licence during the licence term without the prior
approval in writing of the Authority, and if such approval is given, the licence may
then be surrendered only subject to such terms and conditions as may be specified by
the Authority in its approval.
(3) If a commercial communication game licence is assigned or transferred by
the commercial communication game licensee to any other person -
( a ) such licence shall be considered null and void< and
( b ) the Authority may issue a directive to such licensee to do or restrain
from doing any act which the Authority may deem appropriate in the
circumstances, and such licensee shall comply with any such directive,
failing which it shall be guilty of an offence against this Act.
(4) A commercial communication game licensee who acts in breach of the
provisions of this item 6 shall be guilty of an offence against this Act.
Grounds for cancellation or suspension of licence.
7. The Authority may order the cancellation or suspension of a commercial
communication game licence on any of the following grounds:
( a ) the licensee, or any person who exercises effective control and
management of the affairs of the licensee, is convicted of an offence
72 g CAP. 438. LOTTERIES AND OTHER GAMES
against this Act, or of theft, receiving stolen property, fraud or any
crime affecting public trust;
( b ) the licensee contravenes any provision of this Act or of any regulations
made thereunder applicable to it, or is in breach of any condition in the
commercial communication game licence or any directive issued by the
Authority in terms of this Act or of regulations made thereunder and
applicable to it;
( c ) the licensee knowingly or recklessly supplies to the Authority material
information that is false or misleading;
( d ) the licensee fails to fulfil his financial commitments when they become
due and payable;
( e ) the licensee is being wound up; or
( f ) the Authority is reasonably satisfied that the licensee is not, or has
ceased to be, a suitable person to hold the commercial communication
game licence, or it reasonably deems it necessary in the national interest
to cancel or suspend the commercial communication game licence.
Procedures for the cancellation or suspension of licence.
8. (1) Where a ground for cancellation or suspension of a commercial
communication game licence arises under item 7 of this Schedule, the Authority
shall, by notice in writing, request the licensee, and may request any other person
who in its opinion has an interest in the licence, to show cause, within such period
being not less than five days after the issue of the notice as specified in the same
notice, why the licence should not be cancelled or suspended on such ground as is
stated in the notice.
(2) The Authority shall have regard to any response made under sub-item (1)
hereof in such manner that -
( a ) where the matter is resolved to its satisfaction, it shall take no further
action and shall inform the licensee in writing accordingly;
( b ) where, although the matter is not resolved to its satisfaction, it considers
that further action is not warranted, it shall caution the licensee in
writing; or
( c ) where the matter is not resolved to its satisfaction and it is satisfied that
further action is warranted, it may -
(i) by notice in writing give such direction to the licensee as it
considers appropriate; or
(ii) suspend the licence for such period as it thinks fit, or cancel such
licence.
(3) Where a direction given by the Authority under sub-item (2)(c)(i) hereof is
not complied with within the time specified in the notice, the Authority shall cancel
the licence.
LOTTERIES AND OTHER GAMES g CAP. 438.  73
FOURTH SCHEDULE
Article 41
Broadcasting media games
Application for a licence.
1. (1) An application for a broadcasting media game licence shall be made by
or on behalf of the owner or operator of a radio or television station, or the sub-
contractor thereof, who intends to operate the broadcasting media game, in the form
and manner required by the Authority.
(2) Such application shall at least contain the following information:
( a ) the name and address of the applicant and the address in Malta where
any documents may be served on the applicant;
( b ) the type of the broadcasting media game which the applicant wants to
operate, and such particulars relating to the rules and regulations
regarding the procedures for operating and playing such broadcasting
media game as the Authority may require or as may be prescribed by
regulations; and
( c ) the dates, times, channels, frequencies and transmitting or recording
studios when, on which and wherefrom the broadcasting media game
will be operated and offered to the public and, where applicable, the
date or dates, time or times and place or places for the drawing or
drawings of the broadcasting media game.
(3) The application shall also contain or be accompanied with such other
information, documents and particulars as the Authority may require or as may be
prescribed by regulations.
(4) An application for a broadcasting media game licence has to be made in
respect of each and every broadcasting media game which the applicant wants to
operate, although a broadcasting media game licence may be granted in respect of a
broadcasting media game which is to be operated on different days or at different
times or for a specified period.
(5) After the submission of an application for a broadcasting media game
licence, the Authority shall have the power to require the applicant to provide such
other information in addition to that given with the application as the Authority may
deem necessary for the purpose of determining the said application.
Grant of a licence.
2. The Authority shall not issue a broadcasting media game licence to a person
unless that person is the owner or operator of a radio or television station or a sub-
contractor thereof and the Authority is satisfied that:
( a ) the proposed licensee is a fit and proper person so as to ensure, or where
the proposed licensee is not an individual, the persons who exercise
effective control and management of the affairs of the proposed licensee
are fit and proper to carry out their functions and duties in relation to
the proposed licensee in such manner as to ensure, the proper operation
of the relevant broadcasting media game by the proposed licensee;
( b ) the proposed licensee will comply in all respects with the provisions of
this Act and of any regulations made thereunder applicable to it, and
with the terms and conditions of the broadcasting media game licence
and with any directive issued by the Authority in terms of this Act or of
74 g CAP. 438. LOTTERIES AND OTHER GAMES
regulations made thereunder and applicable to it.
Form of licence.
3. (1) The broadcasting media game licence shall be in such form as the
Authority may determine or as may be prescribed by regulations.
(2) The grant of a broadcasting media game licence does not exonerate the
licensee from obtaining any other licence, permit or authorization which may be
required under any other law.
Licence conditions and variations or revocations thereof.
4. (1) In granting a broadcasting media game licence, the Authority may
subject it to such conditions as it may deem appropriate, and having granted such
licence the Authority may, from time to time, vary or revoke any condition so
imposed or impose new conditions:
Provided that whenever the Authority deems it appropriate to vary any
condition or impose any new condition in the broadcasting media game licence, the
Authority shall, unless such variation or imposition of a new condition has been
requested by the licensee himself, inform the licensee by notice in writing of its
intention to vary the said condition or to impose the said new condition, calling upon
the said licensee to show cause, within such period being not less than seven days
after the issue of the notice as may be specified in the same notice, why such
condition should not be varied or such new condition should not be imposed, and the
Authority shall consider any response made by the licensee within the period
specified in the notice, before varying the condition or before imposing the new
condition.
(2) Conditions in a broadcasting media game licence may impose requirements
to be complied with by the licensee after the licence has ceased to have effect.
(3) A broadcasting media game licence may impose conditions requiring the
licensee -
( a ) to obtain the consent of the Authority before doing anything specified,
or of a description specified, in the licence; and
( b ) to refer matters specified, or of a description specified, in the licence to
the Authority for approval.
(4) A broadcasting media game licence shall include a condition requiring the
licensee to pay to the Authority, at such times as may be prescribed by regulations,
such fees, duties, taxes and, or other sums as may be so prescribed, which fees,
duties, taxes and, or sums shall be in addition to those which the licensee may be
required to pay under any law other than this Act.
(5)  A broadcasting media game licence shall be deemed to include a condition
that -
( a ) the prize or prizes which can be won in such game shall not consist of
money or a cheque or similar document entitling the holder to convert it
into money; and
( b ) the aggregate retail value of all prizes which can be won in such game
shall not exceed the amount of twenty five thousand liri.
Changes in effective control and management etc.
5.  (1) ( a ) If the broadcasting media game licensee is a person other than an
LOTTERIES AND OTHER GAMES g CAP. 438.  75
individual, such licensee shall within five days of any change in the persons who
exercise effective control and management of the affairs of the licensee inform the
Authority of such change. The licensee shall also inform the Authority of any
material changes in the information and documentation provided by the licensee in
terms of item 1(2), (3) and (5) of this Schedule or in terms of any other provision of
this Act or of regulations made thereunder or in terms of conditions attached to the
broadcasting media game licence, as soon as it becomes aware of such changes.
( b ) Where owing to any change as is referred to in paragraph ( a ) hereof,
whether the Authority has been informed of such change in accordance with the said
paragraph ( a ) or not, a situation is brought about that, had it existed at the time of the
application for the broadcasting media game licence, it would have disqualified the
licensee from obtaining a licence in terms of item 2 of this Schedule, the Authority
shall by notice inform the licensee accordingly, and if the situation shall not have
been remedied to the satisfaction of the Authority within five days from the notice to
that effect by the Authority, the Authority shall cancel such licence without
complying with the provisions of item 8 of this Schedule:
Provided that the Authority shall not issue a notice as aforesaid any later
than one month after being informed by the licensee of the change in accordance
with paragraph ( a ) hereof.
(2) Failure by the licensee to comply with the provisions of sub-item (1) hereof
shall constitute an offence against this Act.
Assignment or surrender of licence.
6. (1) A broadcasting media game licence may not be assigned or transferred
by the broadcasting media game licensee to any other person.
(2) The broadcasting media game licensee may not surrender the broadcasting
media game licence during the licence term without the prior approval in writing of
the Authority, and if such approval is given, the licence may then be surrendered
only subject to such terms and conditions as may be specified by the Authority in its
approval.
(3) If a broadcasting media game licence is assigned or transferred by the
broadcasting media game licensee to any other person -
( a ) such licence shall be considered null and void; and
( b ) the Authority may issue a directive to such licensee to do or restrain
from doing any act which the Authority may deem appropriate in the
circumstances, and such licensee shall comply with any such directive,
failing which it shall be guilty of an offence against this Act.
(4) A broadcasting media game licensee who acts in breach of the provisions of
this item 6 shall be guilty of an offence against this Act.
Grounds for cancellation or suspension of licence.
7. The Authority may order the cancellation or suspension of a broadcasting
media game licence on any of the following grounds:
( a ) the licensee, or any person who exercises effective control and
management of the affairs of the licensee, is convicted of an offence
against this Act, or of theft, receiving stolen property, fraud or any
crime affecting public trust; 
( b ) the licensee contravenes any provision of this Act or of any regulations
made thereunder applicable to it, or is in breach of any condition in the
76 g CAP. 438. LOTTERIES AND OTHER GAMES
broadcasting media game licence or any directive issued by the
Authority in terms of this Act or of regulations made thereunder and
applicable to it;
( c ) the licensee knowingly or recklessly supplies to the Authority material
information that is false or misleading;
( d ) the licensee fails to fulfil his financial commitments when they become
due and payable;
( e ) the licensee is being wound up; or
( f ) the Authority is reasonably satisfied that the licensee is not, or has
ceased to be, a suitable person to hold the broadcasting media game
licence, or it reasonably deems it necessary in the national interest to
cancel or suspend the broadcasting media game licence.
Procedures for the cancellation or suspension of the licence.
8. (1) Where a ground for cancellation or suspension of a broadcasting media
game licence arises under item 7 of this Schedule, the Authority shall, by notice in
writing, request the licensee, and may request any other person who in its opinion
has an interest in the licence, to show cause, within such period being not less than
five days after the issue of the notice as specified in the same notice, why the licence
should not be cancelled or suspended on such ground as is stated in the notice.
(2) The Authority shall have regard to any response made under sub-item (1)
hereof in such manner that -
( a ) where the matter is resolved to its satisfaction, it shall take no further
action and shall inform the licensee in writing accordingly;
( b ) where, although the matter is not resolved to its satisfaction, it considers
that further action is not warranted, it shall caution the licensee in
writing; or
( c ) where the matter is not resolved to its satisfaction and it is satisfied that
further action is warranted, it may -
(i) by notice in writing give such direction to the licensee as it
considers appropriate; or
(ii) suspend the licence for such period as it thinks fit, or cancel such
licence.
(3) Where a direction given by the Authority under sub-item (2)(c)(i) hereof is
not complied with within the time specified in the notice, the Authority shall cancel
the licence.
FIFTH SCHEDULE
Article 42
VLT games and VLTs
Duration and renewal of licence.
1. (1) A VLT licence shall be issued for such term, not exceeding three years,
as the Authority may specify in the licence.
LOTTERIES AND OTHER GAMES g CAP. 438.  77
(2) Unless it is previously cancelled, a VLT licence may be renewed by the
Authority for a further period or further periods, each of which shall not exceed three
years, as the Authority may determine.
(3) Any such renewal as is mentioned in sub-item (2) hereof is subject to
compliance by the VLT licensee, during the immediately preceding original or
renewed term of the licence, with the provisions of this Act and of any regulations
made thereunder, and with the terms and conditions of the licence and with any
directive issued by the Authority in terms of this Act or of regulations made
thereunder and applicable to such licensee, and subject to the acceptance by the
Authority of the written application for such renewal made by the licensee to the
Authority by such date before the expiry of the immediately preceding original or
renewed term of the licence as the Authority has specified in the licence and
containing such information as the Authority has specified therein as necessary or
expedient to enable it determine whether to renew the said licence.
(4) After the submission of an application for the renewal of a VLT licence, the
Authority may require the applicant to provide such other information, in addition to
that provided together with the application, as may be deemed necessary for the
purpose of determining the said application. 
Application for a licence.
2. (1) An application for a VLT licence shall be made by, or on behalf of, the
company registered in Malta which intends to operate VLT games and gaming
through a VLT or VLTs, in the form and manner required by the Authority.
(2) Such application shall at least contain the following information:
( a ) the name, registered office and registration number of the applicant
company and the address in Malta for the service of documents on the
applicant company;
( b ) the number of VLTs which the applicant company wants to operate in
terms of the licence;
( c )  a description of the location, layout and specifications of -
(i) the premises where the VLT central computer will be situated;
(ii) if different from the premises referred to in sub-paragraph (i)
hereof, the premises or, if more than one, each of the premises,
where the VLT or VLTs to be connected to the VLT central
computer and to be operated in terms of the licence will be
situated; and
(iii) if different from the premises referred to in sub-paragraphs (i) and
(ii) hereof, the premises where the VLT payout vouchers will be
exchanged or redeemed for prizes of VLT games;
( d ) the dates or days of the week, and the times during such dates or days,
on and during which VLT games may be played and VLT payout
vouchers may be exchanged or redeemed for prizes of VLT games in
each of the premises referred to in sub-item (2)( c )(ii) and (iii) hereof;
and 
( e ) the type of VLT games which the applicant company wants to operate
and offer to the public on the relevant VLT or VLTs in terms of the
licence, the rules and regulations regarding the procedures for operating
and playing the VLTs and the VLT games, the win determination
process, the elements of the VLT games, the proposed procedures for
the printing, validation and authentication of VLT payout vouchers, the
78 g CAP. 438. LOTTERIES AND OTHER GAMES
number, type and specifications of all gaming devices to be used in
operating and playing the VLTs and the VLT games, the proposed stake
or range of stakes for each VLT game, the proposed prizes, the proposed
procedures for the exchange or redemption of VLT payout vouchers for
prizes, the proposed payout percentage or range of payout percentages
for each VLT game, the proposed procedures for registering and
recording on the VLT central computer all gaming taking place and all
operations carried out through the VLTs and the proposed measures to
ensure the regular operation and playing of the VLTs and VLT games.
(3) Such application shall contain or be accompanied by -
( a ) a copy of the certificate of registration and of the memorandum and
articles of association of the applicant company;
( b ) if the person legally entitled to the use of, and responsible for the
activities conducted within, any of the premises referred to in sub-item
(2)( c )(ii) and (iii) of this item 2 is a person other than the applicant
company, a copy of the agreement or, where there is no written
agreement, written particulars of any verbal agreement or arrangement
between such person and the applicant company regulating their
relationship and respective rights and obligations in respect of the VLT
or VLTs to be kept in such premises and their operation and, or the
exchange or redemption of VLT payout vouchers for prizes of VLT
games;
( c ) such other information, documents and particulars as the Authority may
require or as may be prescribed by regulations.
(4) After the submission of an application for a VLT licence, the Authority shall
have the power to require the applicant to provide such other information in addition
to that provided together with the application as it shall deem necessary for the
purpose of determining the said application. 
Grant of a licence.
3. The Authority shall not issue a VLT licence to a person unless that person is
a company registered in Malta and the Authority is satisfied that -
 ( a ) the voting share capital of the company is owned directly or indirectly
by a person or persons who are fit and proper to benefit from the
operation by the company of VLT games and gaming through VLTs and
to exercise their rights of membership in such manner as to ensure the
proper operation by the company of such games and gaming;
( b ) the director or directors of the company are fit and proper to manage the
company and to exercise their functions and duties as directors in such
manner as to ensure the proper operation by the company of VLT games
and gaming through VLTs;
( c ) the company has the financial and technical means and the expertise
necessary to properly operate VLT games and gaming through VLTs
and to fulfil all its obligations under this Act;
( d ) the company will, prior to the commencement of operations, take out
and thereafter maintain, the bank guarantee referred to in item 6 of this
Schedule as provided and in accordance with the said item 6; and 
( e ) the company will comply in all respects with the provisions of this Act
and of any regulations made thereunder applicable to it, and with the
terms and conditions of the licence and with any directive issued by the
LOTTERIES AND OTHER GAMES g CAP. 438.  79
Authority in terms of this Act or of regulations made thereunder and
applicable to it.
Form of licence. 
4. (1) The VLT licence shall be in such form as the Authority may determine or
as may be prescribed by regulations, and shall  inter alia  specify:
( a ) its date of issue and effective term;
( b ) the name, registered office and registration number of the licensee;
( c ) the address in Malta specified by the licensee for the purpose of the
service of documents on it;
(d) the type and particulars of VLT games that can be operated under the
licence;
( e ) the number of VLTs that can be operated under the licence and such
matters relating to such VLTs (including the maximum number thereof
which can be kept in any one of the premises referred to in paragraph ( f )
hereof) as the Authority considers necessary or expedient to specify;
( f ) the premises or, if more than one, each of the premises where the VLTs
referred to in paragraph ( e ) hereof will be situated and, or where the
VLT payout vouchers will be exchanged or redeemed for prizes of VLT
games; and
( g ) such other particulars as the Authority considers necessary or expedient,
or as may be prescribed by regulations.
 (2) The grant of a VLT licence does not exonerate the licensee from obtaining
any other licence, permit or authorization which may be required under any other
law.
 Licence conditions and variations or revocations thereof.
5. (1) In granting a VLT licence the Authority may subject it to such
conditions as it may deem appropriate, and having granted such licence the
Authority may, from time to time, vary or revoke any condition so imposed or
impose new conditions:
  Provided that whenever the Authority deems it appropriate to vary any
condition or impose any new condition in a VLT licence, the Authority shall, unless
such variation or imposition of a new condition has been requested by the licensee
himself, inform the licensee by notice in writing of its intention to vary the said
condition or to impose the said new condition, and call upon the said licensee to
show cause, within such period being not less that twenty-one days after the issue of
the notice as may be specified in the same notice, why such condition should not be
varied or such new condition should not be imposed, and the Authority shall
consider any response made by the licensee within the period specified in the notice
before varying the condition or before imposing the new condition. 
(2) Conditions in a VLT licence may impose requirements to be complied with
by the licensee after the licence has ceased to have effect.
(3) A VLT licence may impose conditions requiring the licensee -
( a ) to obtain the consent of the Authority before doing anything specified,
or of a description specified, in the licence; and
( b ) to refer matters specified, or of a description specified, in the licence to
the Authority for approval. 
80 g CAP. 438. LOTTERIES AND OTHER GAMES
(4) A VLT licence shall be deemed to include a condition requiring the licensee
to obtain the consent of the Authority before entering into any arrangement with any
person, other than an employee of the licensee, for the operation by such person of
VLTs connected or to be connected to the same VLT central computer of the
licensee and, or for the exchange or redemption by such person of VLT payout
vouchers produced by VLTs operated by the licensee in terms of his licence for
prizes of VLT games played by means of such VLTs. 
(5) A VLT licence shall include a condition requiring the licensee to pay to the
Authority, at such times as may be prescribed by regulations, such fees, duties, taxes
and, or other sums as may be so prescribed, which fees, duties, taxes and, or sums
shall be in addition to those which the licensee may be required to pay under any law
other than this Act. 
Requirement of bank guarantee.
6. (1) A VLT licence shall include a condition requiring the licensee to take
out, prior to the commencement of operations, a bank guarantee, to be issued by a
bank or by a credit or financial institution acceptable to the Authority, in favour of
the Authority and on its own behalf and on behalf of the Government, in such
amount as may be specified in the licence or as may be prescribed by regulations, for
securing -
( a ) the payment and distribution of prizes by the licensee to winners of
VLT games operated under the licence;
( b ) the payment of fees, taxes, duties or any other sums payable by the
licensee to the Authority in terms of item 5(5) of this Schedule;
( c ) the payment by the licensee of any fines or administrative penalties
imposed on it under Part XII or under regulations made under this Act.
(2)  The bank guarantee shall become payable to the Authority on its first
demand, and it shall not be incumbent upon the relative bank, credit or financial
institution which issued the bank guarantee to verify whether such demand is
justified. 
(3) The bank guarantee shall remain valid until the expiry of one year from the
expiry of the licence or until such time as the Authority considers and notifies the
licensee in writing that such bank guarantee is no longer required, whichever is the
earlier. 
(4) The bank guarantee shall be subject to such other terms and conditions as
may be specified in the licence or as may be prescribed by regulations made under
this Act. 
Changes in ownership and management etc.
 7. (1) ( a ) Without prejudice to the provisions of item 8 of this Schedule, it
shall be the duty of the VLT licensee and of the directors thereof, to inform the
Authority of any change in, or in the direct or indirect ownership of, the voting share
capital of the licensee, or of any change in the management or Board of Directors of
the licensee, within five days of such change. It shall also be the duty of the licensee
and of its directors to inform the Authority of any material changes in the
information and documentation provided by the licensee in terms of item 2(2), (3)
and (4) of this Schedule or in terms of any other provision of this Act or of
regulations made thereunder or in terms of conditions attached to the VLT licence,
as soon as they become aware of such changes.
LOTTERIES AND OTHER GAMES g CAP. 438.  81
( b ) Where owing to any change as is referred to in paragraph ( a ) hereof,
whether the Authority has been informed of such change in accordance with the said
paragraph ( a ) or not, a situation is brought about that, had it existed at the time of the
application for the VLT licence, it would have disqualified the licensee from
obtaining a licence in terms of item 3 of this Schedule, the Authority shall by notice
inform the licensee accordingly, and if the situation shall not have been remedied to
the satisfaction of the Authority within one calendar month from the notice to that
effect by the Authority, the Authority shall cancel such licence, without complying
with the provisions of item 10 of this Schedule:
Provided that the Authority shall not issue a notice as aforesaid any later
than three calendar months after being informed by the licensee or its directors of the
change in accordance with paragraph ( a ) hereof. 
(2) Failure by the licensee or the directors thereof to comply with the provisions
of sub-item (l)( a ) hereof shall constitute an offence against this Act.
Assignment or surrender of licence and transfer of controlling interests.
8. (1) It shall be the duty of a VLT licensee to obtain the prior approval in
writing of the Authority before taking any of the actions set out in paragraphs ( a ) to
( f ) of sub-item (2) of this item 8, and if such approval is given, the licensee may then
take any of the said actions only subject to such terms and conditions as may be
specified by the Authority in its approval. A VLT licensee who acts in breach of the
provisions of this sub-item (1) shall be guilty of an offence against this Act. It shall
be the duty of all the directors of the licensee to inform the Authority forthwith upon
becoming aware that the licensee intends to take any of the said actions, and in
default they shall be guilty of an offence against this Act.
(2) The actions referred to in sub-item (1) of this item 8 are:
( a ) the transfer or assignment of the VLT licence by the VLT licensee to
any other person;
( b ) the sale or other disposition by the VLT licensee of its business, in
whole or in part;
( c ) the merger by the VLT licensee with any other company;
( d ) the VLT licensee undergoing any reconstruction, division or any
conversion of its status from a company into any other kind of
commercial partnership;
( e ) the reduction of the nominal or issued share capital of the VLT licensee
or the increase or reduction of its voting share capital or any material
change in voting rights in such licensee; or
( f ) the surrender of the VLT licence by the VLT licensee during the licence
term. 
(3) It shall be the duty of any person who holds or owns a controlling interest in
a VLT licensee to obtain the prior approval in writing of the Authority before
transferring such controlling interest to any other person, or such part thereof as
would cause him to cease to hold or own a controlling interest in the licensee or as
would cause the transferee to acquire a controlling interest in the licensee, and if
such approval is given, the said person may then transfer such controlling interest or
part thereof as aforesaid only subject to such terms and conditions as may be
specified by the Authority in its approval. A person who acts in breach of the
provisions of this sub-item (3) shall be guilty of an offence against this Act. It shall
be the duty of the VLT licensee and of all the directors thereof to inform the
Authority forthwith upon becoming aware that any person who holds or owns a
82 g CAP. 438. LOTTERIES AND OTHER GAMES
controlling interest in the licensee intends to transfer such controlling interest or part
thereof as aforesaid to any other person, and in default they shall be guilty of an
offence against this Act. 
For the purposes of this sub-item (3) and of any other provision of this
Schedule which makes reference to this sub-item (3), "controlling interest in a VLT
licensee" means a direct shareholding in a VLT licensee which represents at least
twenty  per centum  of the voting share capital issued by such licensee. 
(4) If a VLT licensee takes any of the actions set out in paragraphs ( a ) to ( e ) of
sub item (2) of this item 8, or if a person referred to in sub-item (3) of this item 8
effects a transfer of a controlling interest in the licensee or part thereof as referred to
in the said sub-item (3) to any other person, without the prior approval in writing of
the Authority, or in breach of any terms and conditions specified by the Authority in
any such approval, the Authority may, without prejudice to its powers under items 9
and 10 of this Schedule -
( a ) issue a directive declaring such action or transfer to be void and of no
effect, which directive shall be effective against all persons involved in
such action or transfer notwithstanding the provisions of any other law;
and, or 
( b ) issue a directive to such licensee or, as the case may be, to such person
to do or restrain from doing any act which the Authority may deem
appropriate in the circumstances,
and such licensee or, as the case may be, such person shall comply with any such
directive issued to it by the Authority in terms of paragraph ( b ) of this sub-item (4),
failing which it shall be guilty of an offence against this Act.
Grounds for cancellation or suspension of licence.
9. The Authority may order the cancellation or suspension of a VLT licence on
any of the following grounds:
( a ) any director or manager of the licensee is convicted of an offence
against this Act, or of theft, receiving stolen property, fraud or any
crime affecting public trust;
( b ) the licensee contravenes any provision of this Act or of any regulations
made thereunder applicable to it, or is in breach of any condition in the
VLT licence or any directive issued by the Authority in terms of this
Act or of regulations made thereunder and applicable to it;
( c ) the licensee knowingly or recklessly supplies to the Authority material
information that is false or misleading;
( d ) the licensee fails to fulfil his financial commitments when they become
due and payable;
( e ) the licensee fails to take out and maintain the required bank guarantee
as provided and in accordance with item 6 of this Schedule;
( f ) the licensee is being wound up;
( g ) any person as is referred to in item 8(3) of this Schedule transfers a
controlling interest in the licensee or such part thereof as referred to in
the said item 8(3) to any other person, without the prior approval in
writing of the Authority as required by the said item 8(3), or in breach
of any terms and conditions specified by the Authority in any such
approval; or 
( h ) the Authority is reasonably satisfied that the licensee is not, or has
LOTTERIES AND OTHER GAMES g CAP. 438.  83
ceased to be, a suitable person to hold the VLT licence, or it reasonably
deems it necessary in the national interest to cancel or suspend the VLT
licence. 
Procedures for the cancellation or suspension of licence.
10. (1) Where a ground for cancellation or suspension of a VLT licence arises
under item 9 of this Schedule, the Authority shall, by notice in writing, request the
licensee, and may request any other person who in its opinion has an interest in the
licence, to show cause, within such period being not less than twenty-one days after
the issue of the notice as specified in the same notice, why the licence should not be
cancelled or suspended on such ground as is stated in the notice. 
(2) The Authority shall have regard to any response made under sub-item (1)
hereof in such manner that -
 ( a ) where the matter is resolved to its satisfaction, it shall take no further
action and shall inform the licensee in writing accordingly;
 ( b ) where, although the matter is not resolved to its satisfaction, it considers
that further action is not warranted, it shall caution the licensee in
writing; or
( c ) where the matter is not resolved to its satisfaction and it is satisfied that
further action is warranted, it may -
(i) by notice in writing give such direction to the licensee as it
considers appropriate; or
(ii) suspend the licence for such period as it thinks fit, or cancel such
licence.
(3) Where a direction given by the Authority under sub-item (2)( c )(i) hereof is
not complied with within the time specified in the notice, the Authority shall cancel
the licence.
SIXTH SCHEDULE
Article 43
Racecourse Bets and sweepstakes
Method of operating and playing a sweepstake
1. For the purposes of the definition of "sweepstake" in article 2(1), a
sweepstake is a game connected with a horse race or races conducted on a racecourse
which is played -
( a ) by two or more persons not exceeding in number the number of horses
or runners participating in any horse race in connection with which the
game is operated and played (hereinafter in this paragraph referred to as
"the relevant horse race"), each of which persons participates in the
game by paying a monetary stake to the person operating the game
(hereinafter in this paragraph referred to as "the operator") in return for
a ticket drawn by lot by the operator, previously to the start of the
relevant horse race, from among tickets not exceeding in number the
number of horses or runners participating in the relevant horse race and
each of which tickets is matched to a different horse or runner
84 g CAP. 438. LOTTERIES AND OTHER GAMES
participating in the relevant horse race, and which is won by the person
or persons whose ticket or tickets are matched to the horse or runner or
horses or runners placing in such places in the relevant horse race which
are prescribed to be winning places by the rules of the game, and
whereby the prize in such game consists of the whole of the monies
staked in such game less such amount thereof as may, subject to the
provisions of this Schedule, be deducted and kept by the operator in
accordance with the rules of such game, which prize is distributed to the
winners of such game in the proportions set out in, and according to, the
rules of the game; or
( b ) by means of tickets each bearing a different number, symbol or picture,
which tickets are purchased by participants in such game against
payment of a monetary stake to the person operating the game
(hereinafter in this paragraph referred to as "the operator") previously to
the start of any horse race in connection with which the game is
operated and played (hereinafter in this paragraph referred to as "the
relevant horse race"), and whereby the operator draws by lot, previously
to the start or after the termination of the relevant horse race a number
of numbers, symbols or pictures equal to the number of horses or
runners participating in the relevant horse race and is won by the
holders of the tickets bearing the same numbers, symbols or pictures as
those drawn as aforesaid, and whereby the prize in such game consists
of the whole of the monies staked in such game less such amount
thereof as may, subject to the provisions of this Schedule, be deducted
and kept by the operator in accordance with the rules of such game,
which prize is distributed to the holders of the winning tickets in the
proportions set out in, and according to, the rules of the game.
Duration and renewal of licence.
2. (1) A racecourse betting licence shall be issued for such term, not exceeding
one year as the Authority may specify in the licence.
(2) Unless it is previously cancelled, a racecourse betting licence may be
renewed by the Authority for a further period or further periods, each of which shall
not exceed one year, as the Authority may determine.
(3) Any such renewal as is mentioned in sub-item (2) hereof is subject to
compliance by the racecourse betting licensee, during the immediately preceding
original or renewed term of the licence, with the provisions of this Act and of any
regulations made thereunder, and with the terms and conditions of the licence and
with any directive issued by the Authority in terms of this Act or of regulations made
thereunder and applicable to such licensee, and subject to the acceptance by the
Authority of the written application for such renewal made by the licensee to the
Authority by such date before the expiry of the immediately preceding original or
renewed term of the licence as the Authority has specified in the licence, and
containing such information as the Authority has specified therein as necessary or
expedient to enable it determine whether to renew the said licence.
(4) After the submission of an application for the renewal of a racecourse
betting licence, the Authority may require the applicant to provide such other
information, in addition to that provided together with the application, as may be
deemed necessary for the purpose of determining the said application.
Application for a licence.
3. (1) An application for a racecourse betting licence shall be made by or on
LOTTERIES AND OTHER GAMES g CAP. 438.  85
behalf of the approved racing club or other person who intends to operate racecourse
bets and, or sweepstakes, in the form and manner required by the Authority.
(2) Such application shall at least contain the following information:
( a ) the name and address of the applicant and the address in Malta where
any documents may be served on the applicant;
( b ) the type of racecourse bets and, or sweepstakes which the applicant
wants to operate, and such particulars relating to the rules and
regulations regarding the procedures for operating and playing such bets
and, or sweepstakes as the Authority may require or as may be
prescribed by regulations;
( c ) the approved racecourse or approved racecourses in which there will be
conducted the horse races and, or dog races on or in connection with
which the applicant wants to operate the relevant racecourse bets and, or
sweepstakes.
(3) The application shall also contain or be accompanied with such other
information, documents and particulars as the Authority may require or as may be
prescribed by regulations.
(4) After the submission of an application for a racecourse betting licence, the
Authority shall have the power to require the applicant to provide such other
information in addition to that given with the application as the Authority may deem
necessary for the purpose of determining the said application.
Grant of licence.
4. The Authority shall not issue a racecourse betting licence to a person unless
the Authority is satisfied that -
( a ) the proposed licensee is a fit and proper person so as to ensure, or where
the proposed licensee is not an individual, the persons who exercise
effective control and management of the affairs of the proposed licensee
are fit and proper to carry out their functions and duties in relation to
the proposed licensee in such manner as to ensure, the proper operation
of the relevant racecourse bets and, or sweepstakes by the proposed
licensee;
( b ) the proposed licensee will comply in all respects with the provisions of
this Act and of any regulations made thereunder applicable to it, and
with the terms and conditions of the racecourse betting licence and with
any directive issued by the Authority in terms of this Act or of
regulations made thereunder and applicable to it.
Form of licence.
5. (1) The racecourse betting licence shall be in such form as the Authority
may determine or as may be prescribed by regulations. 
(2) The grant of a racecourse betting licence does not exonerate the licensee
from obtaining any other licence, permit or authorization which may be required
under any other law.
Licence conditions and variations and revocations thereof.
6. (1) In granting a racecourse betting licence, the Authority may subject it to
such conditions as it may deem appropriate, and having granted such licence the
Authority may, from time to time, vary or revoke any condition so imposed or
impose new conditions:
86 g CAP. 438. LOTTERIES AND OTHER GAMES
Provided that whenever the Authority deems it appropriate to vary any
condition or impose any new condition in the racecourse betting licence, the
Authority shall, unless such variation or imposition of a new condition has been
requested by the licensee himself, inform the licensee by notice in writing of its
intention to vary the said condition or to impose the said new condition, calling upon
the said licensee to show cause, within such period being not less than seven days
after the issue of the notice as may be specified in the same notice, why such
condition should not be varied or such new condition should not be imposed, and the
Authority shall consider any response made by the licensee within the period
specified in the notice, before varying the condition or before imposing the new
condition.
(2) Conditions in a racecourse betting licence may impose requirements to be
complied with by the licensee after the licence has ceased to have effect.
(3) A racecourse betting licence may impose conditions requiring the licensee -
( a ) to obtain the consent of the Authority before doing anything specified,
or of a description specified, in the licence; and
( b ) to refer matters specified, or of a description specified, in the licence to
the Authority for approval.
(4) A racecourse betting licence shall include a condition requiring the licensee
to pay to the Authority, at such times as may be prescribed by regulations, such fees,
duties, taxes and, or other sums as may be so prescribed, which fees, duties, taxes
and, or sums shall be in addition to those which the licensee may be required to pay
under any law other than this Act.
(5) A racecourse betting licence to operate racecourse bets shall be deemed to
include a condition that:
( a ) the licensee shall only operate racecourse bets on horse races and, or
dog races conducted on the approved racecourse or approved
racecourses indicated in the licence at approved meetings, by means of
a totalisator set up, kept and operated on the approved racecourse and at
the approved meeting on and during which there is being conducted the
relevant horse or dog race in respect of which the said licensee is
operating any particular racecourse bet; and
( b ) not less than eighty-three  per centum  of the whole of the monies staked
in respect of any particular racecourse bet operated by the licensee shall
be distributed by such licensee among the persons winning such
racecourse bet in accordance with the rules of the said racecourse bet.
(6) A racecourse betting licence to operate sweepstakes shall be deemed to
include a condition that:
( a ) the licensee shall only operate sweepstakes on horse races conducted on
the approved racecourse or approved racecourses indicated in the
licence at approved meetings, by means of tickets sold only on the
approved racecourse on which there is being conducted the relevant
horse race in respect of which the said licensee is operating any
particular sweepstake to persons who have been admitted to such
approved racecourse on payment of the applicable admission fee and, or
by means of tickets sold only to such other persons as may be specified
in the licence or as may be prescribed in regulations; and
( b ) not less than eighty-five  per centum  of the whole of the monies staked
in respect of any particular sweepstake operated by the licensee shall be
LOTTERIES AND OTHER GAMES g CAP. 438.  87
distributed by such licensee among the persons winning such
sweepstake in accordance with the rules of the said sweepstake.
Changes in effective control and management etc.
7. (1) ( a ) If the racecourse betting licensee is not an individual, such licensee
shall within five days of any change in the persons who exercise effective control
and management of the affairs of the licensee inform the Authority of such change.
The licensee shall also inform the Authority of any material changes in the
information and documentation provided by the licensee in terms of item 3(2), (3)
and (4) of this Schedule or in terms of any other provision of this Act or of
regulations made thereunder or in terms of conditions attached to the racecourse
betting licence, as soon as it becomes aware of such changes.
( b ) Where owing to any change as is referred to in paragraph ( a ) hereof,
whether the Authority has been informed of such change in accordance with the said
paragraph ( a ) or not, a situation is brought about that, had it existed at the time of the
application for the racecourse betting licence, it would have disqualified the licensee
from obtaining a licence in terms of item 4 of this Schedule, the Authority shall by
notice inform the licensee accordingly, and if the situation shall not have been
remedied to the satisfaction of the Authority within five days from the notice to that
effect by the Authority, the Authority shall cancel such licence without complying
with the provisions of item 10 of this Schedule:
Provided that the Authority shall not issue a notice as aforesaid any later
than one month after being informed by the licensee of the change in accordance
with paragraph ( a ) hereof.
(2) Failure by the licensee to comply with the provisions of sub-item (1) hereof
shall constitute an offence against this Act.
Assignment or surrender of licence.
8. (1) A racecourse betting licence may not be assigned or transferred by the
racecourse betting licensee to any other person.
(2) The racecourse betting licensee may not surrender the racecourse betting
licence during the licence term without the prior approval in writing of the
Authority, and if such approval is given, the licence may then be surrendered only
subject to such terms and conditions as may be specified by the Authority in its
approval.
(3) If a racecourse betting licence is assigned or transferred by the racecourse
betting licensee to any other person -
( a ) such licence shall be considered null and void; and
( b ) the Authority may issue a directive to such licensee to do or restrain
from doing any act which the Authority may deem appropriate in the
circumstances, and such licensee shall comply with any such directive,
failing which it shall be guilty of an offence against this Act.
(4) A racecourse betting licensee who acts in breach of the provisions of this
item 8 shall be guilty of an offence against this Act.
Grounds for cancellation or suspension of licence.
9. The Authority may order the cancellation or suspension of a racecourse
betting licence on any of the following grounds:
( a ) the licensee, or any person who exercises effective control and
88 g CAP. 438. LOTTERIES AND OTHER GAMES
management of the affairs of the licensee, is convicted of an offence
against this Act, or of theft, receiving stolen property, fraud or any
crime affecting public trust;
( b ) the licensee contravenes any provision of this Act or of any regulations
made thereunder applicable to it, or is in breach of any condition in the
racecourse betting licence or any directive issued by the Authority in
terms of this Act or of regulations made thereunder and applicable to it;
( c ) the licensee knowingly or recklessly supplies to the Authority material
information that is false or misleading;
( d ) the licensee fails to fulfil his financial commitments when they become
due and payable;
( e ) the licensee is being wound up; or
( f ) the Authority is reasonably satisfied that the licensee is not, or has
ceased to be, a suitable person to hold the racecourse betting licence, or
it reasonably deems it necessary in the national interest to cancel or
suspend the racecourse betting licence.
Procedures for the cancellation or suspension of the licence.
10. (1) Where a ground for cancellation or suspension of a racecourse betting
licence arises under item 9 of this Schedule, the Authority shall, by notice in writing,
request the licensee, and may request any other person who in its opinion has an
interest in the licence, to show cause, within such period being not less than five
days after the issue of the notice as specified in the same notice, why the licence
should not be cancelled or suspended on such ground as is stated in the notice.
(2) The Authority shall have regard to any response made under sub-item (1)
hereof in such manner that -
( a ) where the matter is resolved to its satisfaction, it shall take no further
action, and shall inform the licensee in writing accordingly;
( b ) where, although the matter is not resolved to its satisfaction, it considers
that further action is not warranted, it shall caution the licensee in
writing; or
( c ) where the matter is not resolved to its satisfaction and it is satisfied that
further action is warranted, it may -
(i) by notice in writing give such direction to the licensee as it
considers appropriate; or
(ii) suspend the licence for such period as it thinks fit, or cancel such
licence.
(3) Where a direction given by the Authority under sub-item (2)(c)(i) hereof is
not complied with within the time specified in the notice, the Authority shall cancel
the licence.
LOTTERIES AND OTHER GAMES g CAP. 438.  89
SEVENTH SCHEDULE
Article 80(1)
This Schedule came into force on 2nd September, 2002, and the relative
amendments to enactments inserted accordingly.
EIGHTH SCHEDULE
Article 80(2)
This Schedule came into force on 2nd September, 2002, and the relative
amendments to enactments inserted accordingly.
NINTH SCHEDULE
Article 46
Constitution and Proceedings of a Racecourse Control Board
1. A Racecourse Control Board shall consist of a chairman and four other
members to be appointed by the Minister responsible for sport.
2. The chairman shall be such person as the Minister responsible for sport shall
appoint in that behalf.
3. A person shall not be qualified to hold office as a member of a Racecourse
Control Board if he -
( a ) is a member of the House of Representatives;
( b ) is a judge or magistrate of the courts of justice;
( c ) has a financial or other material interest in any approved racecourse or
in any approved racing club which is likely to affect the discharge of his
functions as a member of such Board;
( d ) he has been convicted of an offence punishable by imprisonment for a
period of six months or more;
( e ) he has been convicted of an offence against Part VIII.
4. The members of a Racecourse Control Board shall hold office for such time
as may be specified in their respective appointments:
Provided that any member of such Board may be removed at any time by the
Minister responsible for sport.
5. Any person ceasing to be an appointed member of a Racecourse Control
Board shall be eligible for reappointment unless there exists in respect of such
person any of the grounds for disqualification to hold office as such member listed in
item 3 of this Schedule.
6. The quorum of a Racecourse Control Board shall be three, but subject to
such quorum such Board may act notwithstanding any vacancy among its members.
7. A Racecourse Control Board may appoint a member of the Board to be vice-
chairman of the Board, and in the absence of the chairman or during any vacancy in
the office of the chairman, the vice-chairman so appointed shall preside at meetings
of the Board.
90 g CAP. 438. LOTTERIES AND OTHER GAMES
8. Decisions at meetings of a Racecourse Control Board shall be adopted by a
simple majority of the votes of the members present and voting, provided that no
decision shall be valid unless it is supported by at least two members of the Board. In
case of an equality of votes, the person presiding at the meeting shall have a second
or casting vote.
9. Subject to any relevant regulations made by the Minister responsible for
sport under article 78(6), a Racecourse Control Board may appoint and, or employ,
at such remuneration and upon such terms and conditions as it may determine, such
officers, employees and agents as may from time to time be necessary for the due
and efficient discharge of the functions of the Board, and the Board shall prescribe
the duties of each of such officers, employees and agents.
10. Subject to any relevant regulations made by the Minister responsible for
sport under article 78(6), a Racecourse Control Board may regulate its own
procedure and make standing orders governing the conduct of its business.
11. No act or proceeding of a Racecourse Control Board shall be questioned on
account of any vacancy among its members or on account of the appointment of any
member having been defective.
