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Cap. 619 · Equestrimalta Act (Cap. 619)

Cap. 619 Art. 34Power of competent authority to revoke, cancel or suspend authorisations, licences and permits.

In forceOfficial text

(1) The Authority may at any time revoke, cancel or suspend certificates of approval in respect of racecourses or in respect of an operator or any other permit or licence issued to a driver, jockey, trainer or racing clubs in accordance with the provisions of this Act or any other special law which the Authority is entitled to administer or enforce.

(2) The Authority may revoke, cancel or suspend certificates of approval in accordance with sub-article (1) thereto:

(a) if it considers it desirable to cancel or suspend the approval for the protection of the general public and the reputation of Malta; or

(b) if it considers that the standard of the track is not fit and proper to hold an approved racing activity; or

(c) if it considers that the requirements of any provision of this Act, or any other special law which the Authority is entitled to administer or enforce, are not being fulfilled, or there has been a contravention of any such provision as aforesaid, or an obligation or condition to which the authorisation is subject by virtue of or under this Act, or any other special law which the Authority is entitled to administer or enforce, has not been satisfied or complied with.

(3) The Authority may revoke, cancel or suspend certificates of approval in respect of an operator who manages racecourses and ground adjacent thereto:–

(a) if it considers that the persons who assume any responsibility towards the Authority with reference to the approved racecourse are not fit and proper persons to carry out the functions required of them in connection with the arrangement or if there are no such persons in office as stipulated or required by the racecourse ground authorisation; or

(b) if it considers that the requirements of any provision of this Act, or any other special law which the Authority is entitled to administer or enforce, are not being fulfilled, or there has been a contravention of any such provision as aforesaid, or an obligation or condition to which the authorisation is subject by virtue of or under this Act, or any other special law which the Authority is entitled to administer or enforce, has not been satisfied or complied with; or

(c) if information has been furnished to the Authority by or on behalf of or in relation to the approved racecourse which is false, inaccurate or misleading; or

(d) if the operator has not commenced the activities within the time provided for in the authorisation or has ceased to carry on such activities; or

(e) at the request of the operator; or

(f) in any of the circumstances under which the Authority would have been precluded from issuing the authorisation to act as an operator under this Act or any other special law which the Authority is entitled to administer or enforce or where under this Act or any other special law which the Authority is entitled to administer or enforce it would have been entitled to refuse the grant of such authorisation; or

(g) after proper communication and investigation, at the written request of another national competent authority which is carrying out regulatory functions in relation to regulated and other activities carried out by the operator at the racecourses and ground adjacent thereto simultaneously with the Authority.

(4) The Authority may revoke, cancel or suspend a permit or licence issued to a driver, jockey, trainer or racing club:–

(a) if it considers that the holder thereof is not a fit and proper person to continue practicing the sport services that he is authorised to provide through a licence or permit; or

(b) if it considers that the holder thereof does not fulfil the requirements of, or has contravened, any of the provisions of this Act or any other special law which the Authority is entitled to administer or enforce or of any racing services rules or regulations made thereunder, or has failed to satisfy or comply with any obligation or condition to which he is subject by virtue of or under this Act or any other special law which the Authority is entitled to administer or enforce, or any conditions established by the Authority in the particular case; or

(c) if the Authority has been furnished with information which is false, inaccurate or misleading, or if the driver, jockey, trainer or racing club has obtained the permit or licence authorisation by making false statements or by any other irregular means; or

(d) if the driver, jockey, trainer or racing club has not provided the service he has been authorised to provide within the time provided for in the permit or licence authorisation, if any, or has ceased to provide such service; or

(e) if it considers it desirable to revoke, cancel or suspend the driver, jockey, trainer or racing club for the protection of the general public, and the reputation of Malta; or

(f) at the request of the driver, jockey, trainer or racing club; or

(g) in any of the circumstances under which the Authority would have been precluded from issuing the permit or licence authorisation under this Act to driver, trainer or racing club or any other special law which the Authority is entitled to administer or enforce or where under such Act or any other special law which the Authority is entitled to administer or enforce it would have been entitled to refuse the grant of such permit and licence authorisation; or

(h) after proper communication and investigation, at the written request of another national competent authority, which is carrying out regulatory functions in relation to the driver, jockey, trainer or club racing authorisation holder simultaneously with the Authority.

(5) Revocations, cancellations and suspensions shall be reflected in the register of authorisations appearing on the website of the Authority. The Authority shall have the power to publicise more widely the revocation, cancellation or suspension of its authorisations should it consider that this would be necessary for the protection of the general public.

(6) No action shall lie against the Authority in terms of law, or any other law relating to defamation or slander, for the issuing of bona fide public statements in terms of this article.

(7) The Authority may issue guidelines on how this article is to apply.