S.L. 583.3 ст. 10Amends the Remote Gaming Regulations.

(1) The Second and Fourth Schedules to the Remote

Gaming Regulations are hereby repealed, without prejudice to anything done or omitted to be done thereunder, so however that, notwithstanding the provisions of regulation 1(3), remote gaming operators will become subject to these regulations as from 1st January, 2018:

Provided that during the transitory period, the following shall apply for existing licensees under the Remote Gaming

Regulations:

(a) the amounts of fixed licence fee, compliance contribution, and administrative fees envisaged in these regulations shall apply;

(b) notwithstanding the above, during the transitory period existing licensees shall provisionally pay any dues accruing in terms of these regulations in the manner envisaged in the Second and Fourth Schedules to the Remote Gaming Regulations;

(c) following the end of reference month June 2018, a true-up shall be conducted by the Authority and the affected licensees, reconciling the amounts that should have been paid in accordance with these regulations with the amount provisionally paid during the transitory period in terms of paragraph (b), and in this respect the following shall apply:

(i) excess amounts provisionally paid shall not be refundable and no interest shall accrue thereon in favour of the payor, but the said excess shall be carried forward and available for set-off against any amount payable by that person in terms of these regulations for reference months August 2018 to December 2018 and any subsequent licence period;

(ii) licensees that shall have provisionally paid less than the amounts due in terms of these regulations shall pay the difference by not later than the twentieth (20th) day of October 2018, and therefore not later than the date of payment of the amounts due with respect to reference month September 2018;

(d) as from reference month August 2018, the method of payment envisaged in these regulations shall apply.

(2) Any reference in the said Remote Gaming Regulations or in any law or private contract or any other legal instrument or document whatsoever, be it domestic, foreign or international, to remote gaming licence fees or collateral references shall be read and construed as a reference to gaming licence fees or collateral references established under these regulations.

(3) In these regulations throughout the duration of the transitory period:

(a) references to the Gaming Act shall be read and construed as a reference to the Act;

(b) references to the Gaming Definitions Regulations shall be read and construed as a reference to the Remote

Gaming Regulations or the Act, as the case may be;

(c) references to a gaming service shall be read and construed as a reference to the provision of Class 1, Class 2 or Class 3 remote gaming;

(d) references to a Type 1 gaming service shall be read and construed as a reference to a gaming service provided in terms of a Class 1 remote gaming licence;

(e) references to a Type 2 gaming service shall be read and construed as a reference to a gaming service provided in terms of a Class 2 remote gaming licence;

(f) references to a Type 3 gaming service shall be read and construed as a reference to a gaming service provided in terms of a Class 3 remote gaming service;;

(g) references to Type 4 gaming services shall be read and construed as a reference to a controlled skill games service as defined in the Skill Games Regulations;

(h) references to a licence in terms of paragraph 1(a)

of the First Schedule to the Gaming Authorisations Regulations shall be read and construed as a reference to a Class 1 and, or Class 2 and, or Class 3 remote gaming licence;

(i) references to a gaming supply falling under paragraph 3(a) of the First Schedule to the Gaming Authorisations Regulations shall be read and construed as a reference to a Class 4 remote gaming service;

(j) references to a gaming supply falling under paragraph 3(b) of the First Schedule to the Gaming Authorisations Regulations shall be disregarded;

(k) references to a licence in terms of paragraph 1(b) of the First Schedule to the Gaming Authorisations

Regulations shall be read and construed as a reference to a Class 4 remote gaming licence;

(l) references to Type 4 gaming supplies shall be read and construed as a reference to a controlled skill games supply as defined in the Skill Games Regulations;

(m) references to regulation 4 of the Gaming Authorisations Regulations shall be read and construed as a reference to a concession held in terms of article 26 of the

Lotteries and Other Games Act and, or article 11 of the

Gaming Act;

(n) references to regulations 6(4), 10, 19, 20, 21, 22,

23, 29, 30 and 31 of the Gaming Authorisations Regulations shall be disregarded;

(o) references to regulation 9 of the Gaming

Authorisations Regulations shall be read and construed as a reference to regulation 6 of the Remote Gaming Regulations;

(p) references to regulation 32 of the Gaming

Authorisations Regulations shall treated as follows:

(i) a request for the transfer of a qualifying interest in a licensee shall be read and construed as a reference to regulations 11(3) and, or 11(1) of the Remote Gaming Regulations;

(ii) requests for major changes to software or infrastructure, for the addition of a new domain name, or by a licensee operating gaming premises for the addition of an online delivery channel shall be disregarded;

(q) references to the Gaming Premises Regulations shall be disregarded;

(r) during the transitory period, the licence application fee shall be two thousand three hundred and thirty euro (€2,330) and the licence renewal fee shall be one thousand and five hundred euro (€1,500); and

(s) in cases where a licensee holds more than one Class 1 and, or Class 2 and, or Class 3 remote gaming licences, the fixed licence fee shall be payable solely once by that licensee and shall not be due for every licence held.

FIRST SCHEDULE Licence fees payable in terms of regulation 3(1)

Part A - Type 1 gaming services

Compliance contribution for the Licence Period Rate For every euro of the first €3,000,000 1.25% For every euro of the next €4,500,000 1.00% For every euro of the next €5,000,000 0.85% For every euro of the next €7,500,000 0.70% For every euro of the next €10,000,000 0.55% For every euro of the remainder 0.40%

Part B - Type 2 gaming services

Compliance contribution for the Licence Period Rate For every euro of the first €3,000,000 4.00% For every euro of the next €4,500,000 3.00% For every euro of the next €5,000,000 2.00% For every euro of the next €7,500,000 1.00% For every euro of the next €10,000,000 0.80% For every euro of the next €10,000,000 0.60% For every euro of the remainder 0.40%

Part C - Type 3 gaming services

Compliance contribution for the Licence Period Rate For every euro of the first €2,000,000 4.00% For every euro of the next €3,000,000 3.00% For every euro of the next €5,000,000 2.00% For every euro of the next €5,000,000 1.00% For every euro of the next €5,000,000 0.80% For every euro of the next €10,000,000 0.60% For every euro of the remainder 0.40%

Part D - Type 4 gaming services

Compliance contribution for the Licence Period Rate For every euro of the first €2,000,000 0.50% For every euro of the next €3,000,000 0.75% For every euro of the next €5,000,000 1.00% For every euro of the next €5,000,000 1.25% For every euro of the next €5,000,000 1.50% For every euro of the next €10,000,000 1.75% For every euro of the remainder 2.00%

Part E - Fixed Annual Licence Fee

Fixed Annual Licence Fee Non-refundable Fixed Annual Licence Fee €25,000

Part F - Fixed Annual Licence Fee

Fixed Annual Licence Fee Non-refundable Fixed Annual Licence Fee for €10,000 operators providing solely Type 4 gaming services

SECOND SCHEDULE Licence fees payable in terms of regulation 4(1)

Part A

Annual Licence Fee Where annual revenue does not exceed €25,000 €5,000,000 Where annual revenue exceeds €5,000,000 but does not exceed €10,000,00 €30,000 Where annual revenue for the year exceeds €10,000,000 €35,000

Part B

Annual Licence

Licence Fee for providers supplying solely €10,00 Type 4 gaming supplies 0 THIRD SCHEDULE Licence fees payable in terms of regulation 4(2)

Annual Licence Fee Where annual revenue does not exceed €3,000 €1,000,000 Where annual revenue exceeds €1,000,000 €5,000

FOURTH SCHEDULE Amended by: L.N. 266 of Administrative fees payable in terms of regulation 2019. 5

Administrative fee Legal Instrument One-time, non-refundable €5,000 Regulation 9 of the licence application fee Gaming Authorisations Regulations One-time, non-refundable €5,000 Regulation 9 of the licence renewal fee Gaming Authorisations Regulations One-time, non-refundable €500 Regulation 6(4) of licence application fee for a the Gaming limited duration licence Authorisations Regulations Maintenance fee for a holder of €50 per day whilst Regulation 6(4) of a limited duration licence the licence is in the Gaming effect Authorisations Regulations Request for the approval of a €100 per device Regulation 19 of new gaming device the Gaming Authorisations Regulations One-time, non-refundable €1,000 Regulation 20 of material supply certificate the Gaming application fee Authorisations Regulations Maintenance fee for a holder of €500 Regulation 20 of a material supply certificate, the Gaming payable yearly in advance Authorisations Regulations One-time, non-refundable €50 Regulation 21 of Junket Leader approval the Gaming application fee Authorisations Regulations Recognition Notice fee, payable €5,000 Regulation 22 of yearly in advance the Gaming Authorisations Regulations One-time, non-refundable Key €50 Regulation 23 of Function approval application the Gaming fee Authorisations Regulations One-time, non-refundable Low €25 Regulation 29 of Risk Games Permit application the Gaming fee for non-profit games Authorisations Regulations One-time, non-refundable Low €25 or 0.5% of the Regulation 29 of Risk Games Permit application total monetary or the Gaming fee for commercial retail value of the Authorisations communication games prize, whichever is Regulations higher One-time, non-refundable Low €25 Regulation 29 of Risk Games Permit application the Gaming fee for limited commercial Authorisations communication games Regulations One-time, non-refundable €500 Regulation 30 of Cruise Casino Permit the Gaming application for a cruise ship Authorisations having a maximum capacity of Regulations one thousand five hundred (1,500) passengers One-time, non-refundable €1,000 Regulation 30 of Cruise Casino Permit the Gaming application for a cruise ship Authorisations having a maximum capacity of Regulations one thousand five hundred and one (1,501) passengers or more One-time, non-refundable €50 Regulation 31 of Amusement Machine the Gaming registration fee Authorisations Regulations Request for the transfer of a €1,500 Regulation 32 of qualifying interest in a licensee the Gaming Authorisations Regulations Request for the addition of a €1,000 Regulation 32 of new game vertical the Gaming Authorisations Regulations Request for major changes to €1,000 Regulation 32 of software and infrastructure the Gaming Authorisations Regulations Request for the addition of a €100 per domain Regulation 32 of new domain name the Gaming Authorisations Regulations Request by an existing licensee €1000 Regulation 32 of operating gaming premises for the Gaming the addition of an online Authorisations delivery channel Regulations Request for the approval of a €250 per premises Regulation 10 of new controlled gaming premises the Gaming Premises Regulations Request for the approval of a €1,000 Regulation 4 of the new gaming premises which is Gaming Premises not a controlled gaming Regulations premises Maintenance fee for an €250 per premises Regulation 10 of approved controlled gaming the Gaming premises, payable yearly, in Premises advance Regulations Maintenance fee for an €500 per premises Regulation 4 of the approved gaming premises, Gaming Premises payable yearly, in advance Regulations