Cap. 438 чл. 78Power to make regulations.

(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, imposition of conditions on, suspension, and cancellation of any licence under this Act and other matters connected therewith, including measures to be taken in case of the suspension or cancellation of any licence;

(b) regulate games, specified categories of games or specified games, and all matters related thereto including the payment of stakes, payout percentages and, or prizes or winnings in games;

(c) regulate the manufacture, assembly, placing on the market, distribution, supply, sale, lease, transfer, maintenance, servicing, repair, display, hosting, making available for use, use, operation, monitoring, control and supervision of, and other activities or services related to, gaming devices, specified for the carrying out of all or part of any of the aforementioned activities or services;

(d) exempt all persons or specified categories of persons 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 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 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 one million and one hundred and sixty-five thousand euro (€1,165,000) per year;

(i) limit the number of tombola (bingo) hall licences which may be granted and be in force at any time, prescribe the specifications applicable to the premises or venue from or in which commercial tombola (bingo) can be offered, promoted, operated or sold, including but not limited to the establishment of rules or policies regulating, amongst others, the location, size, type, layout, design, signage and facilities of such premises or venue as well as the activities which may be offered, promoted, operated, sold or carried out in or from such premises or venue;

(j) limit the number of licences referred to in article 7(1) which may be granted and be in force at any time;

(k) prescribe the minimum requirements, qualifications and other criteria to be fulfilled in order for a person to be granted a licence, authorisation or approval under the Act;

(l) prescribe the specifications applicable to the premises or venue from or in which a game can be offered, promoted, operated or sold, including but not limited to the establishment of rules or policies regulating, amongst others, the location, size, type, layout, design, signage and facilities of such premises or venue as well as the type of games or activities which may be offered, promoted, operated, sold or carried out in or from such premises or venue;

(m) provide for the setting up of a fund, to be styled as the "Responsible Gaming Fund", to which there shall be credited such percentage of taxes and, or gross fees paid by licensees or specific categories of licensees as may be specified in such regulations for the purpose of promoting responsible gaming, including but not limited to the provision of grants for projects, activities, research and educational programmes relating to responsible gaming;

(n) provide for fees, duties, taxes and, or other sums monitoring, control and supervision of, and other activities or services related to, gaming devices, specified categories of gaming devices or specified gaming devices;

(o) provide for the setting up of a fund, to be styled as the "GamingMalta Fund", to which there shall be credited such percentage of taxes and, or gross fees paid by licensees or specific categories of licensees as may be specified in such regulations and, or other donations and, or contributions of whichever kind and by whichever entity, including but not limited to the Authority, for the purpose of promoting and advancing Malta as a gaming jurisdiction and a centre of excellence for gaming; and

(p) 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 and, or skill 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 and, or skill games provided from such offices; and

(d) make any other provision which will ensure that such games and, or skill 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, 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 manufacture, assembly, placing on the market, distribution, supply, sale, lease, transfer, maintenance, servicing, repair, display, hosting, making available for use, use, categories of amusement games, specified amusement games or amusement games with prize, and, without prejudice to the generality of the foregoing provisions of this subarticle, he may by such regulations -

(a) provide that such amusement machines or amusement machines with prize may only be manufactured, assembled, placed on the market, distributed, supplied, sold, leased, transferred, maintained, serviced, repaired, displayed, hosted, made available for use, used, operated, monitored, controlled or supervised by a person 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 of, the fees, duties taxes and, or other sums leviable under, and other matters connected to, any licence referred to in paragraph (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, amusement machines with prize and, or the manufacturing, assembly, placing on the market, distribution, supply, sale, lease, transfer, maintenance, servicing, repair, display, hosting, making available for use, use, operation, monitoring, control or supervision thereof be, or be made, under the supervision or control of the Authority and of inspectors: Provided that such regulations may empower the Authority to prescribe the procedures to be followed for the carrying out of all or part of any of the aforementioned activities or services;

(d) provide for fees, duties, taxes and, or other sums leviable in respect of the manufacturing, assembly, placing on the market, distribution, supply, sale, lease, transfer, maintenance, servicing, repair, display, hosting, making available for use, use, operation, monitoring, control or supervision of amusement machines and, or amusement machines with prize;

(e) regulate the manufacturing, placing on the market, distribution, supply, sale, transfer, making available for use, use, and, or purchase of amusement machines tokens;

(f) prescribe the maximum and, or minimum price to be paid to play an amusement game and, or an amusement game with prize;

(g) prescribe the specifications applicable to the premises amongst others, the location, size, type, layout, design, signage and facilities of such premises or venue as well as the type of games or activities which may be offered, promoted, sold, operated or carried out in or from such premises or venue;

(h) make any other provision which will ensure that amusement machines and, or amusement machines with prize 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, or amusement machines with prize and that amusement games and, or amusement games with prize are played fairly; and

(i) prescribe the minimum age of persons permitted to use amusement machines, specified categories of amusement machines and, or amusement machines with prize, specified amusement machines, amusement games, specified categories of amusement games, amusement games with prize or specified amusement games:

Provided that no person may make available for use, host, or operate amusement machines with prize in any premises unless such premises are compliant with specific premises directives issued by the Authority: Provided further that the restrictions imposed i n the premises directives for amusement machines with prize shall be similar or identical to the restrictions imposed i n the premises directives relating to gaming devices.

(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;

(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 two hundred and thirty-five thousand euro (€235,000.00) in respect of any contravention of, or failure to comply with, the provisions of such regulations and, or the seizure, removal, confiscation, destruction or disabling of gaming devices, amusement machines or any equipment or software related or connected thereto.