Cap. 438 Art. 9Establishment and composition of the Malta Gaming Authority.

(1) There shall be a body, to be known as the Malta

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.

(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

(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 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.