Cap. 583 Art. 7Powers and functions of the Authority. Additional powers. Consultation and exchange of information.

(1) Without prejudice to any other power or function conferred to it by this Act or any other law, in pursuing the main regulatory objectives in line with the governing principles established by this Act, it shall be the function of the Authority:

(a) to regulate, supervise and keep under review all practices, operations and activities relating to any matter regulated by or under this Act, and the performance of the gaming sector;

(b) to promote the general interests of players, and to provide the relevant information and guidance to the public;

(c) to ensure that gaming services are advertised fairly and in a responsible manner in accordance with applicable law;

(d) to receive and investigate complaints by players and to assist and promote timely, fair and competent resolution of disputes between players and players and, or operators;

(e) to monitor the gaming sector in Malta and to undertake or commission such study, research or investigation which it may deem necessary;

(f) to provide information and issue guidelines and, or reports to the public relating to any matter regulated by or under this Act;

(g) to consult with the general public or a specific segment thereof, as the case may be, on all matters which the Authority considers necessary and, or desirable;

(h) to request, collect, compile and maintain records of all relevant data as the Authority may deem appropriate in connection with its functions and objectives;

(i) to develop the necessary strategy and action plans to achieve the policies, strategies and objectives set by Government or by the Authority;

(j) to advise the Government generally on the formulation of policies directly or indirectly connected with gaming and the gaming sector, and to make recommendations to Government on actions which in the opinion of the Authority would be expedient in relation to matters falling within the regulatory and supervisory functions of the Authority;

(k) to advise the Minister on new developments, needs and risks in gaming and the gaming sector and to make proposals as may be deemed necessary or expedient to respond thereto;

(l) to advise the Minister on the making of regulations;

(m) to establish the minimum requirements to be satisfied by any person who is engaged or employed in any activity, function or involved in any matter regulated by or under this Act;

(n) to inquire into the suitability of any person engaged or employed in any activity or involved in any matter regulated by or under this Act to ensure that these persons are fit and proper and suitable to carry out their functions;

(o) to grant any licence, approval, recognition or other authorisation for the carrying out of any operation or activity relating to any matter regulated by or under this Act, as may be required in terms of this Act or regulations made thereunder;

(p) to assess whether persons comply with the requirements imposed by or under this Act;

(q) to impose such proportionate requirements and conditions, in conformity with European Union law and Malta’s international obligations, as it may deem necessary in fulfilment of its functions under this Act, or as the Minister may direct the Authority by virtue of article 11, in respect of gaming and related activities which are authorised by a competent authority of any other jurisdiction and made available in Malta;

(r) to ensure high standards of conduct and management throughout the gaming sector;

(s) to prevent, detect and ensure the prosecution of any offence against this Act or regulations made thereunder;

(t) to collaborate with other local or foreign bodies, Government departments, international organisations, and other entities which exercise regulatory, supervisory or licensing powers under any law in Malta or abroad, or which are otherwise engaged in overseeing or monitoring areas or activities in the gaming sector or sectors connected therewith, and to make arrangements for the mutual exchange of information and for other forms of assistance or collaboration in regulatory and supervisory matters;

(u) to ensure that international obligations entered into by Malta or by the Authority relative to matters regulated by or under this Act are complied with;

(v) to pursue the establishment of common standards in the gaming sector;

(w) to foster advancements in the educational sector for matters relating to the gaming sector;

(x) to do such other things as are necessary, ancillary or conducive to the attainment of its objectives and, or the performance of its functions under this Act.

(2) In addition to and without prejudice to the above, the Authority shall have the power:

(a) to issue and, or publish authorisations and binding instruments, howsoever named, whether addressed to the general public or to categories of persons or to a specific person or persons, as provided for by or under this Act:

Provided that where a binding instrument is issued and addressed to the general public, or to one or more categories of persons, the Authority shall issue such binding instrument in consultation with the Minister;

(b) to issue and, or publish reports, guidelines, policies and, or consultation papers as may be required, appropriate and, or opportune for the carrying into effect of the provisions of this Act and of any other regulatory instrument;

(c) to create or participate in the creation and operations of entities whose function shall be necessary, ancillary or conducive to the attainment of the functions and, or objectives of the Authority under this Act or regulations made thereunder;

(d) to request any kind of information from its authorised persons, applicants or any other person, as it may in its discretion consider necessary for the performance of its functions or the fulfilment of the objectives under this Act or any other law;

(e) to establish, impose and collect fees, contributions, administrative fines and other dues which it is empowered to impose and, or collect in terms of this Act or any other law;

(f) to collect gaming devices levy, gaming tax and other money which it is empowered to collect in terms of this Act or any other law; and

(g) to give such directions and impose such sanctions as it may consider necessary in connection with a breach of this Act or any other regulatory instrument or binding instrument:

Provided that any direction and, or sanction imposed in accordance with this paragraph, and any amendment or revocation thereof shall be in writing and shall state the reasons on which it is based, and shall be notified to the person concerned.

(3) The Authority shall, where it considers appropriate, consult and, or exchange information with all competent authorities responsible for any such other areas as may impact on the matters regulated by or under this Act.

(4) The Authority shall also have such other functions, responsibilities and powers as are set out by or under this Act or as may be assigned to it by or under any other law, including all such powers as are necessary for or incidental to the performance of its functions by or under this Act or any other law or regulatory instrument.

(5) It shall be the duty of the Authority to carry out its functions as established by or under this Act or any other law in an impartial, transparent and timely manner and to ensure compliance therewith.

(6) The Authority may, instead of using its officers or employees to carry out any action sanctioned by or under this Act, authorise a third party to carry out such action, and in such cases the contractor of the Authority shall have such powers and obligations as an officer or employee of the Authority carrying out those actions:

Provided that decision-making functions and responsibility thereof shall lie solely with the Authority.