GAMING [CAP. 583. 1
CHAPTER 583
GAMING ACT
AN ACT to make provision for the governance and regulation of gaming 
services and products from and within Malta, together with all such activities 
and matters that are ancillary or incidental thereto or connected therewith, 
and for the establishment and functio ns of the Malta Gaming Authority.
1st August, 2018
ACT XVI of 2018 as amended by Legal Notice 204 of 2018 and 418 of 
2018  and Act XLI of 2018  and Legal Notice 278 of 2019 .
ARRANGEMENT OF THE ACT
Articles
Part I Preliminary 1 - 2
Part II Regulatory Objectiv es and Governing 
Principles 3 - 4
Part III Establishment, Functions ,  Powers and Conduct 
of Affairs of the Malta Gaming Authority 5 - 12
Part IV Authorisations 13
Part V Protection of Minors and Vulnerable Persons 14 - 17
Part VI Rights and Obliga tions  of Players 18 - 22
Part VII Enforcement and Sanctions 23 - 33
Part VIII Financial Provisions 34 - 41
Part IX Administrative Review 42 - 45
Part X Administration 46
Part XI Miscellaneous 47 - 59
First Schedule - Composition and conduct  of affairs of the Boar d
Second Schedule - Deta iling of public officers for duty with the 
Authority
Third Schedule - Criminal Offences
Fourth Schedule - Amendm ent  of other enactments
2 [CAP. 583. GAMING 
PART I - Preliminary
Short title and 
commencement. 
Amended by: 
L.N. 204 of 2018.1. (1) The short title of this Act is the Gaming Act.
(2) (a) The provisions of this Act shall, without 
prejudice to paragraph (b), come into force on the 1st August, 2018.
(b) With respect to gaming devices, commercial 
tombolas and all other services provided in gaming premises and , or 
controlled gaming premises, this  Act and all regulations made 
hereunder shall come into fo rce on 1st January, 2019.
Interpretation. 2. (1) In this Act, unless the context otherwise 
requires:
"agent" means a person acting for and on behalf of another 
person;
"ancillary gaming supply" or "ancillary supply" means a 
gaming supply other than a material supply; 
"Authority" means the Malta Gam ing Authority established by 
this Act;
"authorisation" means a licen ce, approval, certificate, 
recognition notice or similar instrument issued by the Authorit y 
authorising a person to provide a  gaming service, gaming supply  or a 
key function; 
"authorised person" or "authori sation holder" means a person 
who holds an authorisa tion from the Authority; 
"binding instrument" means an act, document or other 
pronouncement of the Authority having binding effect on those t o 
whom it is addressed, as may be prescribed by or under this Act , and 
shall include the conditions a ttached to an authorisation;
"Board" shall mean the Board o f Governors of the Authority;
"Chairperson" means the Chairperson of the Board and 
includes the deputy chairperson or another person appointed to act as 
chairperson in circumstances established in this Act or as deci ded by 
the Board;
"Chief Executive" means the chi ef executive officer of the 
Authority appointed in accordance with this Act;
"confidential information" means any and all information, 
whether written or otherwise, whether in electronic form or otherwise, and whether or not described specifically by the per son 
disclosing it as confidential, whi ch is related to or connected  with the 
commercial operation of the disclosing person, but shall not in clude 
      
GAMING [CAP. 583. 3
information that:
(a) is in the public domain;
(b) is or becomes generally available to the public 
other than as a result of its disclosure by the recipient in br each 
of confidentiality;
(c) was available to the recipient on a non-
confidential basis prior to discl osure by the disclosing party;
(d) was, is or becomes available to the recipient on a 
non-confidential basis from a person who, to the recipient’s knowledge, is not bound by a confidentiality agreement with the disclosing party or is otherwise prohibited from disclosing  
the information to the recipient; 
(e) was lawfully in the possession of the recipient 
before the information was disclosed to it by the disclosing party;
(f) the parties agree in writing is not confidential or 
may be disclosed; or
(g) is developed by or for the recipient 
independently of the information disclosed by the disclosing party;

Cap. 378."consumer" shall have the meaning prescribed by the 
Consumer Affairs Act ;
"critical gaming supply" or "critical supply" means a material 
supply which is (a) indispensable in determining the outcome of  
game or games forming part of the gaming service, and, or (b) a n 
indispensable component in the processing and, or management of  
essential regulatory data;
"directorate" means a division of the Authority as may be 
established from time to time;
"economic activity" means any activity which by its nature is 
or could be carried out for the  purpose of making a profit, whe ther or 
not such profit is for philanthropic or other fund raising purp oses;
"financial year of the Authority" means a period from 1 
January to 31 De cember of a year;
"game" means a game of c hance or a game of skill;
"game of chance" means an activity the outcome of which is 
determined by chance alone or predominantly by chance, and includes but is not limited to activities the outcome of which is 
4 [CAP. 583. GAMING 
determined depending on the occurrence or outcome of one or mor e 
future events; 
"game of skill" means an activity the outcome of which is 
determined by the use of skill alone or predominantly by the us e of 
skill, but excludes a sport event, unless otherwise established  by or 
under this Act;
"gaming" means an activity consisting in participating in a 
game, offering a gaming servi ce or making a gaming supply;
"gaming device" means any device or object, including any 
electrical, electronic, or mechanical device, ticket or any oth er thing, 
that is used or is by its nature intended for use as part of a gaming 
service or in connection ther ewith in a gaming premises;
"gaming premises" means any premises accessible to the 
public, which is used or intended to be used for players to par ticipate 
in a gaming service;
"gaming sector" means the economic sector focused on the 
provision of gaming services and gaming supplies and other serv ices 
and goods in connection therew ith or related thereto; 
"gaming service" means making a game available for 
participation by players, whether  directly or indirectly, and w hether 
alone or with others, as an economic activity;
"gaming supply" means a supply, directly or indirectly, of a 
good or service, in relation to a gaming service, which is eith er a 
material gaming supply or ancillary gaming supply, but does not  
include provision of a key function;
"material supply" or "material gaming supply" means a 
gaming supply of such importance that any weakness or failure i n its 
provision could have a significa nt impact on the operator’s (a)  ability 
to meet the operator’s obligations under the Act and all applic able 
regulatory instruments; or (b) to manage the risks related to s uch 
supply; or (c) to continue in bus iness, and the term "material supply" 
shall include a "critical supply";
"minor" means a physical person under the age of eighteen 
years, except where prescribed otherwise in specific instances under 
this Act or any other regulatory instrument;
"Minister" means the Minister responsible for the gaming 
sector;
"money and, or money’s worth" includes, without limitation, 
currency accepted as legal tender in the jurisdiction or jurisd ictions of 
its issue, virtual currencies, units of value, tokens of value,  goods, 
services and any form of property which may be traded, sold, 
      
GAMING [CAP. 583. 5
converted into, or otherwise exch anged for money, goods or serv ices;
"National Lottery games" means the Grand Lottery, Super 5 
and Lotto, in the form envisaged in the National Lottery licenc e as 
well as any variation of any of the said National Lottery Games ;
"National Lottery licence" means a licence granted by the 
Authority in virtue of a concession by the Minister granted und er 
article 11(3), to operate the N ational Lottery games and such o ther 
games as authorised by the Authority, and subject to such terms  and 
conditions therein, and "Nationa l Lottery licensee" shall be co nstrued 
accordingly;
"operator" means a person who carries out a gaming service;
"player" means an end customer who participates or takes 
preparatory steps to participate in a game;
"player funds" means player’s money and money’s worth held 
by an operator under an arrangement made between an operator an d 
the player for the provision of a gaming service and includes, but is 
not limited to, funds that the player has the right to withdraw  a n d  
funds committed directly by players to games, pending determina tion 
of the outcome of such games;
"player funds account" means an account held by or for or on 
behalf of an operator with a licensed credit, financial and, or  payment 
institution in which p layer funds are kept;
"prize" means the reward of money or money’s worth offered 
to one or more participants in a game in accordance with the ru les of 
the game;
"recognition notice" means a notice issued by the Authority 
whereby an authorisation issued by another Member State of the EU 
or the EEA, or a State which is deemed by the Authority to offe r 
safeguards largely equivalent to those offered by Maltese law, and is 
recognised as having the same effect as an authorisation issued  by the 
Authority for the purpose of providing a gaming service, gaming  
supply and, or key func tion in or from Malta;
"regulatory data" means data which an authorised person is 
obliged to compile, retain and, or report to the Authority by o r under 
this Act or any other regulatory instrument;
"regulatory instrument" means this Act, regulations made 
under this Act, and the Authority’s binding instruments;
"stake" means money or money’s worth that is or must be 
committed in order for a player to participate in a game, wheth er or 
not it is risked directly  on a result of the game;
6 [CAP. 583. GAMING 
"vulnerable person" m eans any person who is known to have a 
gambling problem, any person whos e social circumstances may mak e 
him or her more susceptible to problem gambling, or any person who, 
by virtue of a defect in the capacity of will and understanding , is 
rendered more susceptible to problem gambling, and this shall include players who are undergoing a period of self-exclusion, persons who have been diagnosed by  medical professionals as bei ng 
pathological or otherwise problem gamblers, persons who are currently seeking treatment for problem gambling and persons un der 
the influence of alcohol or drugs.
(2) In this Act and any binding  instrument made thereunder, 
if there is any conflict between the English and Maltese texts,  t h e  
English text shall prevail.
PART II - Regulatory Objectiv es and Governing Principles
Gaming sector to 
be supervised.3. (1) The gaming sector in Malta shall be governed 
and supervised by means of proper regulation of relevant activi ties 
and practices in line with the r egulatory objectives and govern ing 
principles established by this Act.
(2) The Minister shall determine Malta’s general policies 
not inconsistent with the provisions of this Act for the gaming  sector 
and its governance and supervision.
Main regulatory 
objectives.4. (1) Governance and supervision of the gaming 
sector shall pursue the following main regulatory objectives:
(a) to ensure that regulation of the gaming sector is 
carried out in the public interest;
(b) to ensure, through the powers vested in the 
Authority, that gaming is free from crime and is not used as a source or an instrument of crime; 
(c) to ensure that gaming is conducted in a fair, safe 
and transparent manner;
(d) to ensure that the interests of minors and other 
vulnerable persons are a dequately safeguarded; 
(e) to promote the development of a sustainable 
gaming sector and economic growth;
(f) to promote the development of Malta as a centre 
of excellence and expertise fo r gaming-related competences 
and skills, knowledge building and knowledge transfer, in particular in technology-rich and  player assistance services; 
(g) to promote responsible innovation in the gaming 
sector.
      
GAMING [CAP. 583. 7
Governing 
principles.(2) The pursuit of the regulat ory objectives, governance and 
supervision of the gaming sector shall be guided by the followi ng 
governing principles: 
(a) regulatory action shall be proportionate to the 
aims it strives to achieve and not more burdensome than necessary for the achiev ement of the said aims;
(b) requirements to be imposed on regulated persons 
shall be non-discriminatory, t ransparent and accessible, 
consistent, objective and made public in advance;
(c) regulatory action affec ting rights and obligations 
of persons shall be timely and sh all be reasoned and taken on 
the basis of appropriate and  relevant considerations; 
(d) regulatory procedures and requirements shall be 
such as to avoid, as much as reasonably possible without prejudicing regulatory objectives , duplication of requirements 
and controls;
(e) regulation shall, where appropriate and possible, 
use a risk-based approach, so that regulatory objectives are pursued in the most efficient and effective way;
(f) prior to taking regulatory action or imposing 
regulatory requirements, where  appropriate and opportune, 
consultation shall be carried out with regulated persons, other  
stakeholders in the gaming sector and, or the wider public as the case may be;
(g) in case of a conflict between public interest and 
economic considerations, public interest considerations shall prevail;
(h) where the public interest considerations so 
require, the Minister shall be empowered to amend any relevant policies and regulat ory actions shall be adjusted 
accordingly:
Provided that the Authority may deviate from these 
governing principles if such deviation is objectively justified  by an 
overriding reason relating to public policy, public security, p ublic 
health or the protecti on of the environment.
PART III - Establishment, Functions, Powers and Conduct of Affa irs 
of the Malta Gaming Authority
Establishment of 
the Malta Gaming 
Authority.5. (1) There shall be an authority, to be called the 
Malta Gaming Authority.
(2) The Authority shall be a body corporate having distinct 
8 [CAP. 583. GAMING 
legal personality and shall be capable of entering into contrac ts, of 
acquiring and disposing of property of any kind for the purpose s of 
its functions under this Act or any other law, of suing and of being 
sued, and of doing all such things and entering into all transa ctions as 
are incidental to or conducive to the exercise or performance o f its 
functions as aforesaid.
Composition of the 
Authority.6. (1) The Authority shall consist of a Board of 
Governors.
(2) (a) The Board shall appoint a Chief Executive for 
the day-to-day management of the affairs of the Authority.
(b) The Board shall, on the recommendation of the 
Chief Executive, appoint such other persons whether from within  the 
Authority or not, to form part of an Executive Committee to ass ist the 
Chief Executive in his functions.
(3) It shall be the duty of the other organs of the Authority 
to provide the Board with all such information as may be requir ed for 
the proper performance of its functions and in particular to en able it 
to ensure that its policies ar e being properly carried out.
(4) The Board and other organs of the Authority shall be 
composed of such members, and shall conduct their affairs, as prescribed in the First Schedule.
Powers and 
functions of the 
Authority.7. (1) Without prejudice to any other power or function 
conferred to it by this Act or any other law, in pursuing the m ain 
regulatory objectives in line with the governing principles est ablished 
by this Act, it shall be the f unction 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 a nd 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;
      
GAMING [CAP. 583. 9
(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 nece ssary 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 fun ctions and objectives;
(i) to develop the necess ary 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 s upervisory 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 ) t o  a s s e s s  w h e t h e r  p e r s o n s  c o m p l y  w i t h  t h e  
requirements imposed by or under this Act; 
(q) to impose such proportionate requirements and 
10 [CAP. 583. GAMING 
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 o r regulations made thereunder;
(t) to collaborate with other local or foreign bodies, 
Government departments, inter national 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 s upervisory 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 f unctions under this Act.
Additional powers. (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, 
      
GAMING [CAP. 583. 11
policies and, or consultation papers as may be required, 
appropriate and, or opportune for the carrying into effect of t he 
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 o r any other person, as it may i n 
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 t o 
the person concerned. 
Consultation and 
exchange of 
information.(3) The Authority shall, where it considers appropriate, 
consult and, or exchange information with all competent authori ties 
responsible for any such other a reas as may impact on the matte rs 
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 
p o w e r s  a s  a r e  n e c e s s a r y  f o r  o r  i n cidental 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 complian ce 
12 [CAP. 583. GAMING 
therewith.
(6) The Authority may, instead of using its officers or 
employees to carry out any action sanctioned by or under this A ct, 
authorise a third party to carry out such action, and in such c ases the 
contractor of the Authority sha ll have such powers and obligati ons as 
an officer or employee of the Au thority carrying out those acti ons:
Provided that decision-making functions and 
responsibility thereof shall lie s olely with the Authority. 
Secrecy and 
disclosure. 
Cap. 377.8. (1) Without prejudice to the provisions of the 
Professional Secrecy Act , any confidential information disclosed to 
the Authority or any member, officer or employee thereof, shall  be 
secret and, when attributable to an identified or identifiable person, 
shall not be disclosed or produced other than with the consent of the 
person who has submitt ed that information:
Provided that the above is without prejudice to the 
provisions of article 25(4) of this Act:
Provided further that notwithstanding the above, the 
Authority may disclose such information to the Police for the purposes of any investigation or prosecution of a criminal offe nce or 
when requested to do so by a court of law in any criminal proceedings. The Authority may also disclose such information i n 
any civil proceedings involving the Authority.
(2) The Authority shall be empowered to share any relevant
personal data in its possession with local and, or foreign regu lators
entrusted with the governance and regulation of a particular se ctor,
when such transfer of data is (i) considered by the Authority a s a
necessary measure in the public interest, and (ii) necessary fo r the
process of detecting, preventing and investigating activitiesconstituting a criminal offence in Malta, or in accordance withMaltese law, and the law of the country of the relevant foreignregulator:
Provided that the public interest requirement shall be
deemed ipso jure satisfied where the transfer of data is required in
relation to the process of detecting, preventing and investigat ing
activities relating to any of the following offences:
(a) money laundering;
(b) terrorist financing;
(c) fraud, identity theft and misappropriation of 
funds;
(d) computer misuse; and
      
GAMING [CAP. 583. 13
(e) manipulation of sports competitions:
Provided further that for the purposes of detecting,
preventing and investigating the manipulation of sports competi tions,
the Authority may also share information, including any relevan t
personal data, with sport governing bodies and other platforms whose
function includes the detection of suspicious betting activitie s and, or
are responsible to take action to prevent such manipulation of 
sports competitions from taking place, and with whom the Author ity
has signed an agreement establishing the necessary safeguards t o 
protect any personal data being shared:
Provided further that all processing operations shall be in
accordance with the applicable data protection legislation.
Legal personality 
and representation of the Authority.9. (1) The legal and juridical representation of the 
Authority shall vest in the Chief Executive:
Provided that the Chief Executive may appoint any one 
or more of the Authority’s membe rs, officers or employees to ap pear, 
sign or otherwise act in the name and on behalf of the Authorit y in 
any judicial proceedings and, or in any act, contract, instrume nt or 
other document whatsoever:
Provided further that in respect of any matter falling 
within the functions vested in any member of the Executive Committee, the legal representation of the Authority shall also  vest in 
such Executive Committee member acting alone, or in such member , 
officer or employee of the Authority, as the Executive Committe e 
member may appoint or authorise for the purpose.
(2) Any document purporting to be an instrument made or 
issued by the Authority and signed by the Chief Executive, or b y a 
member of the Executive Committee in relation to any matter fal ling 
within the functions vested in the  relative directorate by the 
Authority, shall be received in evidence and shall, until the c ontrary 
is proved, be deemed to be an in strument made or issued by the 
Authority.
Audit Committee. 10. (1) There shall be an Audit Committee, composed of 
such members and with such functi ons as the Board may determine .
(2) Without prejudice to the generality of the provisions of 
sub-article (1), the Audit Committee shall perform an internal audit 
function, providing oversight of all processes, internal contro ls, and 
checks and balances within the Authority, ensuring good corpora te 
governance, as well as the compliance of the Authority with its  
functions, objectives and obligations at law. 
Matters affecting 
public interest.11. (1) The Minister may, in relation to matters that 
appear to him to affect public interest, from time to time give  to the 
Authority directions in writing of a general character, consist ent with 
14 [CAP. 583. GAMING 
the provisions of this Act, and the Authority shall, as soon as  i s  
practicable, give effect t o all such directions:
Provided that the Authority shall act independently and 
shall not seek or take instructions from any other body on matt ers 
related to the general regul ation of the gaming sector:
Provided further that in matters that appear to the 
Authority to affect public interest, the Authority may advise t he 
Minister and make proposals on the measures it deems necessary and, 
or desirable to address such matters.
(2) The Authority shall afford to the Minister facilities for 
obtaining information with respect to its property and activiti es and 
furnish him with returns, account s and other information with r espect 
thereto, and afford to him facilities for the verification of i nformation 
furnished, in such manner and at  such times as he may reasonabl y 
require.
(3) (a) It shall be lawful for the Minister to grant 
concessions to persons to open and operate casinos in gaming 
premises, for such consideration and under such terms and condi tions 
as the Minister deems fit.
(b) It shall be lawful for the Minister to grant 
concessions to one or more persons to operate the National Lott ery 
games and such other games as the Minister may, in such concess ion, 
determine, for such consideration and under such terms and conditions as the Minister deems fit.
(c) The grant of a concessi on in terms of paragraphs 
(a) or (b) shall be without prejudice to the requirement of suc h 
concessionaire to obtain any licen ces required in terms of this  Act, 
any other regulatory instrument , or any other applicable law. 
Powers of the 
Minister.12. (1) The Minister may, acting on the advice of the 
Authority, make regulations to give effect to the provisions of  t h i s  
Act, or to prescribe anything tha t is to be or which may be pre scribed 
in terms of this Act or any othe r regulatory instrument and pro vide 
for any matter consequential, inc idental to or connected therew ith.
(2) Without prejudice to the generality of the foregoing the 
Minister may, by such regulations:
(a) establish the categories of authorisations under 
this Act and the overall requirements and conditions for authorisations, their grant, ame ndment, renewal, suspension, 
revocation and termination and other similar actions; 
(b) regulate games, specified categories of games or 
specified games, and all matters r elated thereto including the 
exemption of certain games or categories of games from any or 
      
GAMING [CAP. 583. 15
all requirements of authorisation;
(c) regulate persons involved in activities regulated 
by or under this Act, and all matters related thereto including  
the exemption of certain persons  or categories of persons from 
any or all requirements of authorisation;
(d) amend, revoke, add to or substitute the 
Schedules to this Act:
Provided that the Minister may authorise the Authority 
to devise all necessary details of such requirements and condit ions 
referred to in paragraphs (a), (b) and (c) by way of binding instruments to be issued by the Authority.
(3) Without prejudice to the generality of the foregoing, the 
Minister may, acting on the advice of the Authority, make regul ations 
providing for the taxation of the persons and entities regulate d by the 
Authority and any other matter related thereto.
PART IV - Authorisations
Requirement for 
authorisation.13. Where this Act or any other regulatory instrument 
prescribe that an activity, of w hatsoever nature, requires an 
authorisation in order to be performed, it shall be an offence against 
this Act to perform such activity, or to promote, aid, abet or otherwise 
facilitate such activity unles s it is duly authorised.
PART V - Protection of Mi nors and Vulnerable Persons
Protection of 
minors.14. Subject only to exceptions specified under this Act, no 
person shall offer, permit, entice, cause, invite or induce a m inor to 
participate in a game which must, in terms of this Act or any o ther 
regulatory instrument, solely be offered to persons who are not  
minors, whether by means of allowing entrance into gaming premises, selling a gaming ticket, employment or engagement in the 
provision of a gaming service, a dvertising or promotion of a ga ming 
service or by any othe r means whatsoever:
Provided that a person shall not be deemed to be in 
contravention of this article due  to advertising or promotion o f a 
gaming service if such advertising or promotion is carried out in 
accordance with applicable regulatory instruments:
Provided further that casinos in gaming premises 
operating in virtue of a concessi on granted by the Minister in terms of 
article 11 shall not allow a citizen of Malta under the age of twenty-
five years to make use of the casino’s gaming service during it s hours 
of operation.
Prohibition of 
provision of credit. 15. It shall be an offence against this Act for a provider of a 
gaming service or an agent thereof to provide credit to players  f o r  
16 [CAP. 583. GAMING 
participation in games.
Social Causes 
Fund.16. (1) There shall be a fund to be known as the "Social 
Causes Fund", which shall be com posed of monies collected in su ch 
manner as may be prescribed by the Minister in regulations, whi ch 
shall be used for the fulfilment  of responsible gaming endeavou rs and 
other good causes.
(2) There shall be a Social Causes Fund Committee, 
composed of such members and with such functions as the Ministe r 
responsible for Finance may determine, to administer the Social  
Causes Fund.
(3) The funds from time to time sta nding to the credit of the 
Social Causes Fund shall be paid out by the Committee to such persons, organisations, bodies or other entities pursuing deser ving 
causes in the public interest, in such manner as may be determi ned by 
the Minister, in consultation with the Minister responsible for  Finance, 
in regulations made under this Act.
Protection of 
vulnerable persons. 17. The Minister shall, by regula tions, establish the overall 
parameters, criteria and conditions for protecting vulnerable p ersons 
in order to minimise potential risk to their health associated with 
participation in games; provided that the Minister may authoris e the 
Authority to devise all reasonabl e parameters, criteria, condit ions and 
standards by way of directives or other binding instruments to be 
issued by the Authority.
PART VI - Rights and Ob ligations of Players 
Receipt of player 
complaints.18. (1) Without prejudice to the functions established in 
article 7, the Authority shall also have the function of receiv ing 
complaints from players arising out of or in connection with an y 
gaming service, without prejudice to any other function which m ay 
be assigned to it by the Board from time to time.
(2) The Authority may carry out this function by means of 
an internal unit or otherwise.
(3) In carrying out this function, the Authority shall, to the 
extent possible, assist and c ooperate with bodies responsible f or out-
of-court settlement of consumer disputes in Malta and in other EEA 
States in the resolution of local and cross-border consumer dis putes 
concerning gaming services provi ded by an authorised person.
Safeguarding of 
player funds.19. An operator, and any third party holding player funds for 
or on behalf of such operator, shall be responsible for safegua rding 
the player funds in accordance with the Player Protection Regulations, 2018 and any other applicable law.
      
GAMING [CAP. 583. 17
Collective 
proceedings by players.
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Cap. 520.20. Where a group of players are owed player funds by an 
operator, articles 2, and 4 to 23 of the Collective Proceedings Act
shall apply mutatis mutandis  and such players may institute 
collective proceedings to re cover such player funds.
Responsible 
gaming measures. 21. (1) Authorised persons, in particular authorised 
persons providing a gaming servic e, shall ensure that their ope ration 
is carried out with due regard to responsible gaming measures a s 
envisaged in the Player Protec tion Regulations, 2018 and any ot her 
regulatory instrument and a ny other applicable law.
(2) The Authority shall, in ensuring that authorised persons 
act as required in terms of sub-article (1), liaise and collabo rate with 
other competent authorities, including but not limited to the M alta 
Competition and Consumer Affairs Authority.
Responsibility of 
players.22. (1) Players shall behave in a fair and honest manner 
in making use of a gaming service and shall not mislead or dece ive 
operators.
(2) The Authority shall, from time to time, issue a manifesto 
detailing the rights and obligatio ns of players making use of a  gaming 
service provided by an operator.
PART VII - Enforcement and Sanctions
Penalty for 
criminal offences 
against this Act.23. (1) Any person guilty of a breach stipulated in the 
Third Schedule shall, on conviction, be liable to a fine ( multa ) of not 
less than ten thousand euro (€10,000) and not more than five hu ndred 
thousand euro (€500,000) or to imprisonment for a term of not m ore 
than five years, or to both such fine and imprisonment:
Provided that where the pers on convicted of an offence 
against this Act is a recidivist of an offence against this Act , he shall 
be liable to a fine ( multa ) of not less than twenty thousand euro 
(€20,000) and not more than one million euro (€1,000,000), or t o 
imprisonment for a term of not less than six months and of not more 
than six years, or to both such fine and imprisonment:
Provided further that where the person so found guilty is 
the president, director, manager, or any other officer exercisi ng 
executive functions in a company or other undertaking, organisa tion, 
club, society or other association or body of persons, the said  person 
shall, for the purpose of this article, be deemed to be vested with the 
legal representation of the same company or other undertaking, 
organisation, club, society or other association or body of per sons, 
which shall accordingly be liable in solidum with the person fo und 
guilty for the payment of the said fine.
(2) The fine referred to in sub- article (1) shall be considered 
as a civil debt owed and payable to the Authority in respect of  which 
there is an executive title.
18 [CAP. 583. GAMING 
Cap. 446. 
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Cap. 9.(3) The provisions of the Probation Act  and of article 21 and 
articles 28A to 28I of the Criminal Code  shall not apply with respect 
to offences referred to in sub-article (1).
Offences to be 
tried by the Court 
of Magistrates and sanction of the 
Authority.24. (1) The Court of Magistrates, in its criminal 
jurisdiction, shall be the competent court to take cognizance o f 
offences against this Act or a ny regulations made thereunder.
(2) No criminal proceedings under this Act or any other 
regulatory instrument shall be taken except at the instance or with the 
sanction of the Authority, and proceedings that have been so ta ken 
may, at any time before final judgment, be withdrawn at the req uest 
of the Authority.
Cap. 9. (3) Notwithstanding the provisions of the Criminal Code , 
the Attorney General shall have a right of appeal to the Court of 
Criminal Appeal from any judgment given by the Court of Magistrates in respect of criminal  proceedings under this Act o r any 
other regulatory instrument.
(4) In any criminal proceedings under this Act or 
regulations made thereunder, any officer of the Authority may, notwithstanding the provisions of any other law, produce the evidence, plead and otherwise conduct the prosecution jointly w ith 
the Police.
(5) Should the evidence of the officer designated by the 
Authority as aforesaid be required as part of the case for the prosecution, he shall be heard before assuming the duties of a prosecuting officer unless the ne cessity of his giving evidence  arises 
at a later stage: 
Provided that said officer may state the facts constituting 
the offence before giving evidence.


Cap. 9.(6) The punishments provided in this Act shall apply unless 
the fact constitutes a more serious offence under the Criminal Code 
or any other law, in which case the provisions of the Criminal Code
or of such other law shall apply.
Cap. 9. (7) Notwithstanding the provisions of the Criminal Code , 
criminal proceedings for an offence against this Act or any oth er 
regulatory instrument shall be barred by prescription by the la pse of 
six years.
Penalty by 
agreement and 
other sanctions.25. (1) Notwithstanding any other provision of this Act, 
and without prejudice to any other proceedings to which the per son in 
breach may be liable to under any other law, in the case of any  breach 
mentioned in the Third Schedule, the Authority may, with the concurrence of the person committing the breach and subject to the 
rectification of the breach, impose a penalty not exceeding fiv e 
hundred thousand euro (€500,000) for  each infringement or failu re to 
      
GAMING [CAP. 583. 19
comply and, or a sum not exceedi ng five thousand euro (€5,000) for 
each day of infringement or non-compliance, and, or any other administrative sanctions as an alternative to criminal court proceedings. Upon conclusion of s uch agreement, the offender’s 
criminal liability under this Act with regard to the offence or  offences 
in relation to which the agreement has been entered, shall be extinguished:
Provided that the agreement  shall not be concluded and 
the criminal liability of the offender shall not be extinguishe d unless 
the agreement is accompanied by the payment of the sum due or t he 
provision of sufficient security for its payment, in the case o f a fine, 
or in the case of another form of sanction by adherence thereto  o r  
sufficient security of adherence:
Provided further for the sake of clarity that the 
agreement, and payment of any fine due in virtue thereof, shall  not 
exonerate the person in breach from rectifying such breach and 
becoming duly compliant with this Act and other applicable regulatory instruments: 
Provided further that any forfeiture contemplated in this 
Act or the relevant regulatory instrument as a consequence of t he 
offence to which the agreement relates shall, notwithstanding s uch 
agreement, still take effect.
(2) The provisions of sub-article (1) shall apply also in any 
case where the offender has been charged before a court in rela tion to 
the offence, but before final j udgement has been given in the c ase.
(3) In the case of a breach of any regulatory instrument 
which is not mentioned in the Third Schedule, the Authority may  
impose an administrative penalty not exceeding twenty-five thou sand 
euro (€25,000) for every breach or non-compliance and, or an administrative penalty not exceeding five hundred euro (€500) f or 
each day on which th e breach persists. 
(4) The Authority may, by means of a public statement, 
disclose the name of the person sanctioned, the particular brea ch of a 
regulatory instrument committed, and the penalty or administrat ive 
measure imposed, where it deems that lack of disclosure would b e 
detrimental to the interests of p layers or cause disproportiona te 
damage to the parties involved.
20 [CAP. 583. GAMING 
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Cap. 12.(5) Any imposition of a fine or a dministrative sanction shall 
be without prejudice to the right of the Authority to recover a ny and 
all fees, contributions, levies, taxes and other dues which are  imposed 
by or under this Act that remain unpaid after their due date. S uch fees 
and taxes shall be due to the Authority as a civil debt and sha ll upon 
the service by judicial act of a copy of a notice for payment o n the 
person indicated in the notice, constitute an executive title f or all 
effects and purposes of Title VII of Part I of Book Second of t he 
Code of Organization and Civil Procedure .
Presumptive 
evidence of 
gaming.26. (1) In the case of any infringement of any provision 
of this Act or any other regulatory instrument, any moneys or e ffects 
representing the gaming activity, as well as any instruments or  other 
means used in gaming and which ma y have been found and seized b y 
the Police and, or the Authority on the occasion of any search effected on any person suspected of having committed such infringement or which may have been found in any place suspecte d 
of being used for such purpose, may, until the contrary is prov ed, be 
taken as sufficient evidence that such moneys, effects or place  were 
actually used for gaming and that the persons found therein and  
located within direct proximity of the moneys or effects used f or 
gaming at the time of the search were taking part in such gamin g, 
even though no such bets or wagers were actually going on in th e 
presence of the Police officers a nd, or officers of the Authori ty.
(2) Where any Police officer or any officer of the Authority 
lawfully authorised to enter any premises suspected to be used in 
contravention of any regulatory instrument is wilfully prevente d from 
or obstructed or delayed in entering the same or any part there of, or 
where any door or any contrivance whatsoever is found in such premises for preventing, delaying or obstructing the entry into  t h e  
same, or for giving an alarm or warning in case of such entry, or if 
any such premises or part thereof  is found fitted or provided w ith any 
means or contrivance for unlawful betting or wagering or for concealing, removing or destroying any instruments used for suc h 
unlawful purposes, it shall be evi dence, until the contrary is made to 
appear, that such premises are u sed for bets or wagers and that  the 
persons found therein were taking part in activities in contrav ention 
of the relevant regulatory instrument.
(3) In the case of a prosecution under the provisions of this 
Act or any other regulatory instrument, any person who in any w ay 
whatsoever has taken part in or has been a partner of any perso n in 
any bet or wager, and whose evidence is required in support of such 
charge as aforesaid, shall be compellable to answer any questio n 
respecting that charge, notwithstanding that the answer thereto  will 
expose him to criminal prosecution; but in any such event, any person 
who shall have given evidence in respect of such charge, and wh o 
shall have made a true and faithful statement touching such cha rge, to 
the best of his knowledge, shall thereupon obtain from the cour t a 
      
GAMING [CAP. 583. 21
certificate to that effect, and he shall, in consequence, be ex empted 
from all criminal responsibility in respect of his participatio n in the 
bet or wager forming the subject-matter of the charge upon whic h he 
gave evidence as witness.
Forfeiture in 
favour of the 
Authority.27. In addition to any penalty under any other provision of 
this Act or regulations made thereunder, any machine or other d evice 
whatsoever and any moneys relating to or used in the commission  of 
any offence listed in the Third Schedule, or which has served o r was 
intended to serve for the commission of any such offence, shall  be 
seized and forfeited in favour of the Authority and shall be appropriated in favour of the Gaming Fund.
Saving as to higher 
punishments established in any 
other law.28. Where the fact which constitutes a breach of any 
regulatory instrument also constitutes an offence under any oth er law 
and is liable to a higher punishment under such law, such highe r 
punishment shall be applied in lieu of the punishment establish ed in 
this Act.
Counterfeiting and 
forgery.29. (1) It shall not be lawful for a person -
(a) to forge, counterfeit or tamper with any device 
or any authorisation or other document whatsoever issued under, used or to be used for the purposes of this Act or any other regulatory instrument; or
(b) knowingly to utter any such forged, counterfeit 
or tampered with device or aut horisation or other document.
(2) It shall not be lawful for a person to use, or have in his 
possession, any device, authorisa tion or other document issued under, 
used or to be used for the purposes of this Act or any other re gulatory 
instrument, which the person knows or ought to know to have bee n 
forged, counterfeited or o therwise tampered with.
(3) Whosoever shall contravene the provisions of sub-
articles (1) or (2) shall be guilty of an offence against this Act. 
Furthermore, any device, authoris ation or other document and an y 
gains which that person may have made due to said device, authorisation or other document referred to in the said sub-art icles 
shall be forfeited in favour of t he Authority and appropriated in 
favour of the Gaming Fund.
Place used for 
unlawful gaming.30. (1) Any person who knowingly permits the use of 
any place for the purpose of the  operation, promotion, sale or playing 
of any game in contravention of any provision of this Act or an y 
other regulatory instrument or in breach of any conditions atta ched to 
an authorisation issued by the Authority, or the storage of a d evice 
involved in the contravention of this Act or any other regulato ry 
instrument, or who wilfully prevents any Police officer or an o fficer 
of the Authority from lawfully entering into such premises, or obstructs or delays such officer from entering by any other mea ns or 
22 [CAP. 583. GAMING 
contrivance whatsoever, or a person who gives any alarm or warn ing 
to such person, shall be guilty o f an offence against the Act.
(2) Where any Police officer or officer of the Authority is 
wilfully prevented or obstructed or delayed as aforementioned, it 
shall be evidence, until the contrary is made to appear, that s uch 
premises are used for the said unlawful purposes and that the p ersons 
found therein were taking part i n the relevant unlawful activit ies.
(3) In addition to any penalty under any provision of this 
Act or any other regulatory instrument, the money and effects representing the stakes as well as any other money and devices used 
in the playing of the unlawful game found in any place referred  to 
under sub-article (1) shall be sei zed and forfeited in favour o f the 
Authority and shall be appropriated in favour of the Gaming Fun d.
Investigation with 
or without notice.31. Notwithstanding any other provision of this Act or of 
any other law, the Authority may , whether through its members, 
officers, inspectors or other employees or through third partie s 
engaged for such purpose, conduct an analysis and investigation  of 
the conduct of operations by an authorised person, with or with out 
prior notice, and with or without informing the relevant author ised 
person that the person carrying out such analysis and, or inves tigation 
is acting on behalf of the Authority.
Power to demand 
documents etc..32. (1) Without prejudice to any power exercisable by 
virtue of the provisions of this Act or any other regulatory in strument 
or any other law, the Authority may at any time serve on an authorised person a notice requiring him, in such manner and wi thin 
such reasonable time as may be specified in the notice, to prod uce or 
supply for inspection by or on behalf of the Authority, any boo ks, 
documents, video, audio, information or any other thing which t he 
Authority knows, or has reasonab le cause to believe, to be in t he 
possession of, or to be known to, the authorised person for the  
purpose of carrying out  any of its functions.
(2) If without reasonable excuse any requirement imposed 
by a notice served by virtue of sub-article (1) is not complied  with, 
the authorised person shall be guilty of an offence under this Act.
False, misleading 
or incomplete 
statements.33. Whosoever, in order to gain any advantage or benefit for 
himself or others, shall, in any document intended for the Auth ority, 
knowingly make a false, misleading or otherwise incomplete declaration or statement, or otherwise knowingly give false, misleading or otherwise incomplete information to the Authority , 
shall be guilty of an offence against this Act.
PART VIII - Financial Provisions
Authority to meet 
expenditure from 
revenue.34. (1) Without prejudice to the following provisions of 
this article, the Authority shall so conduct its affairs that t he 
expenditure required for the proper performance of its function s 
      
GAMING [CAP. 583. 23
shall, as far as pra cticable, be met out of its revenue.
(2) The revenue of the Au thority shall consist of:
(a) income derived in respe ct of authorisations and 
other fees, rates or charges, including tax, contribution, levy  
and other payments payable under this Act or any other law in 
respect of which the Authority exercises supervisory, regulatory or similar functions;
(b) rents, interests and profits accruing from 
property, deposits and other as sets of the Authority; and
(c) any other money receivable or received by the 
Authority.
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Cap. 452. 
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Cap. 318. 
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Cap. 372.(3) Notwithstanding the provisions of any other law, the 
claim of the Authority of any amount due by way of any such fee s, 
rates, charges, taxes, duties and other payments including 
administrative penalties shall c onstitute a privileged claim, r anking 
immediately after the wages of employees due in terms of articl e 20 
of the Employment and Industrial Relations Act  and claims by the 
D i r e c t o r  o f  S o c i a l  S e c u r i t y  i n  t e r m s  o f  a r t i c l e  1 1 6  o f  t h e  Social 
Security Act , and equally with claims by the Commissioner for 
Revenue in terms of article 23(11) of the Income Tax Management 
Act, and shall be paid after such wages and social security claims  and 
together with such income tax claims in preference to all other  claims 
whether privileged or hypothecary.
(4) The Authority shall also be paid by Government out of 
the Consolidated Fund such sums as the House may from time to t ime 
authorise to be appropriated to m eet the costs of specified wor ks to be 
continued or otherwise carried out by the Authority, being work s of 
infrastructure or a s imilar capital nature.
(5) Any funds of the Authority not immediately required to 
meet expenditure may be invested in accordance with the provisi ons 
of this Act.
(6) The Authority may establish an "Ordinary Reserves 
Fund" to which may be appropriated surplus funds to be used for  the 
purposes of the Authority.
 (7) The surplus funds of the Authority mentioned in sub-
article (6) for each financial y ear of the Authority shall be d etermined 
after the Authority meets all current expenditure for that year  a n d  
after making such provisions, including provisions for continge ncies, 
as it deems fit.
(8) After the allocations referred to in sub-articles (6) and 
(7) have been made, the remainder of the surplus funds shall be  paid 
to the Government.
24 [CAP. 583. GAMING 
Authority’s control 
of its finances.35. (1) The Authority may:
(a) hold accounts with any bank;
(b) obtain loans, overdrafts or any other form of 
credit as may be necessary;
(c) invest any of its liquid assets in short and 
medium term first class secur ities as approved by the Board; 
(d) acquire, purchase, lease or dispose of any 
movable or immovable property re quired for the conduct of its 
business or for any purposes ancillary or incidental to the performance of its functions under this Act.
(2) For the purposes of carrying out its functions under this 
Act, the Authority may borrow or  raise such sums  as it may requ ire:
Provided that for any amount in excess of five hundred 
thousand euro (€500,000) there shall be required the approval o f the 
Minister in writing.
Advances from 
Government.36. The Minister may make advances to the Authority of 
such sums as he may agree to be required by the Authority for carrying out any of its functions under this Act, and may make such 
advances on such terms and conditions as he may deem appropriat e. 
Any such advance may be made by the Minister out of the Consolidated Fund, and without further appropriation other than  this 
Act, by warrant under his hand authorizing the Accountant Gener al to 
make such advance.
Exemption from 
taxes.37. The Authority shall be exempt from any liability for the 
payment of income tax, duty on t ransfers and documents, customs  
and excise duty, under any la w for the time being in force.
Estimates and 
expenditure.38. (1) The Authority shall cause to be prepared in 
every financial year of the Authority, and shall not later than  s i x  
weeks after the end of each such year prepare for adoption by t he 
Board of Governors, within six weeks of presentation with or wi thout 
amendments, estimates of the income and expenditure of the Authority for that financial year.
(2) In the preparation of such estimates the Authority shall 
endeavour to ensure that the total revenues of the Authority ar e at 
least sufficient to meet all sums properly chargeable to its in come and 
expenditure account, including, but without prejudice to the generality of that expression, depreciation.
(3) The estimates shall be made out in such form and shall 
contain such information and such comparisons with previous yea rs 
as the Board may direct.
      
GAMING [CAP. 583. 25
(4) Notwithstanding the provisions of sub-article (1), if in 
respect of any financial year of the Authority it is found that  t h e  
amount approved by the Board of Governors is not sufficient or a 
need has arisen for expenditure for a purpose not provided for in the 
estimates, the Executive Committee may adopt supplementary estimates for approval by the Bo ard, and in any such case the 
provisions of this Act applicable to the estimates shall as nea r as 
practicable apply to suppl ementary estimates. 
(5) The Minister shall, at the earliest opportunity and not 
later than six weeks after he has received a copy of the estima tes from 
the Authority, approve the sam e with or without amendment.
Accounts and 
audit.39. (1) The Authority shall cause to be kept proper 
books of accounts and other records in respect of its operation s and 
shall cause to be prepared a statement of accounts in respect o f each 
financial year of the Authority.
(2) The accounts of the Authority shall be audited by 
auditors appointed by the Board from among persons who are qualified to be appointed as auditors of a company:
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Cap. 396.Provided that the Minister may require the books and 
accounts of the Authority to be audited or examined by the Audi tor 
General who shall for the purpose have all the powers set out i n the 
Auditor General and Na tional Audit Office Act . 
Annual report and 
audited financial 
statements.40. The Authority shall, as soon as  may be but not later than 
five months after the close of each financial year of the Autho rity, 
transmit to the House through the Minister, a copy of its annua l 
accounts duly audited together with a report on its activities during 
the previous year.
The Gaming Fund. 41. (1) The Authority shall create and maintain a fund, 
to be styled as the "Gaming Fund", to which there shall be cred ited 
and paid by the Authority, upon receipt thereof:
(a) such percentage of the gross sums, fees, duties 
and, or taxes paid by authorised persons to the Authority as may be prescribed by regulations  made by the Minister under 
this Act;
(b) such sums as may be paid in terms of any law or 
private contract or any other legal instrument or document whatsoever, be it domestic, foreign or international, to the Responsible Gaming Fund; and
(c) any other amounts which the Authority is 
required to credit and pay into the Gaming Fund by or under this Act or any other law.
(2) All funds standing to the credit of the Gaming Fund 
26 [CAP. 583. GAMING 
may, after deducting the amount to be appropriated in favour of  the 
Social Causes Fund and, or the Responsible Gaming Fund, be used  
for such lawful purposes as the Authority may, in its discretio n, deem 
necessary or desirable in furthe rance of its functions or the m ain 
objectives of this Act.
PART IX - Administrative Review
Administrative 
Review Tribunal. 
Cap. 490.42. (1) The Administrative Review Tribunal established 
by article 5 of the Administrative Justice Act, hereinafter ref erred to 
as the "Tribunal", shall be competent to hear and determine app eals in 
accordance with this Act.
(2) The Tribunal shall carry out such functions as are 
assigned to it in terms of this Act.
(3) The provisions of the Administrative Justice Act, in so 
far as they apply to the Adminis trative Review Tribunal, shall apply 
to any proceedings before the said Tribunal in terms of this Ac t, 
except to the extent that such provisions conflict with the pro visions 
of this Act, in which case the p rovisions of this Act shall pre vail, and 
the words "public administration"  in the said enactment shall b e 
construed as a reference to the Authority.
(4) The Tribunal shall have the power to summon any 
person to give evidence or to produce books or other documents before it:
Provided that:
(a) the clerk, agent, employee or other person 
confidentially employed in the affairs of the appellant and the  
parent, spouse or children of the appellant shall not be called  
to give evidence or to be examined except on the request of the  
appellant;
(b) except at the request of the appellant, no person 
shall be examined in relation to any information concerning the appellant in respect of which the said person is under the 
duty of professional secrecy. Thi s exception does not apply to 
members or employees or former members or employees of the Authority which the Authority  requests to give evidence in 
order to make its case.
(5) (a) The Tribunal shall ensure that the members 
thereof that are selected to adjudicate an appeal in accordance  with 
this Act shall be free from any conflict of interest. 
(b) Any Tribunal member shall abstain in cases of 
conflict of interest, and in the absence of such abstention may  b e  
challenged by either party to the appeal:
      
GAMING [CAP. 583. 27
Provided that for the purposes of this sub-article a 
Tribunal member shall be deemed to have a conflict of interest:  
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Cap. 12.(i) on the grounds on which a judge or 
magistrate may be challenged or abstain in terms of the 
Code of Organization and Civil Procedure ; 
(ii) if he has previously expressed his 
professional opinion in relation to the subject matter of the appeal or an issue which is an important consideration with respect to the subject matter of the appeal; or
(iii) if he provides ongoing professional 
services to a direct competitor of one of the parties to the appeal in such a manner as to undermine his impartiality, or to give the reasonable appearance of a lack of 
impartiality.
(6) The Tribunal members shall not be personally liable for 
any act or default of the Tribunal done or omitted to be done i n good 
faith in the course of the operations of the Tribunal.
Right of appeal. 43. (1) Any person who feels aggrieved by a decision of 
the Authority may enter, within twenty days after the date of s ervice 
upon him of notice of the Authority’s decision, an appeal to th e 
Administrative Review Tribunal:
Provided that where the decision appealed from related 
to the exercise of discretion by the Authority, the Tribunal sh all not 
query the Authority’s decision so long as such discretion has b een 
exercised properly:
Provided further that no appeal shall lie from:
(a) any decision of the Authority imposing a fine 
not exceeding two thousand euro (€2,000) or from any reprimand or warning; and, or
(b) a decision of the Authority to refuse to grant, or 
to suspend or cancel a licence or other authorisation on grounds of national interest or for the safeguarding of the reputation of Malta.
(2) An appeal made under this article shall not suspend the 
operation of any decision from which the appeal is made:
Provided that a decision to cancel a licence or to impose 
an administrative penalty in terms of this Act or any other reg ulatory 
instrument shall not become operative until the expiration of t he 
period within which an appeal lies under this article and, if a n appeal 
is made within such period, the decision shall become operative  on 
28 [CAP. 583. GAMING 
the date of the decision of the Tribunal dismissing the appeal or the 
date on which the appeal is abandoned:
Provided further that when a de cision to cancel a licence 
or other authorisation is appealed, pending the determination o f the 
appeal the relevant licence or authorisation shall be deemed suspended.
(3) Every person appealing shall appear before the Tribunal 
either in person or by agent on the day and at the time fixed f or the 
hearing of the appeal:
Provided that if it be proved to the satisfaction of the 
Tribunal that owing to absence from Malta, sickness or other 
reasonable cause, any person is prevented from attending at the  
hearing of his appeal on the day and at the time fixed for that  
purpose, the Tribunal may postpone the hearing of such appeal f or 
such reasonable time as it thinks necessary for the attendance of the 
appellant.
(4) The onus of proving that the decision of the Authority is 
unjust shall rest on the appellant.
(5) Subject to the provisions of sub-article (2), the Tribunal 
shall have the power to confirm or annul the decision or make s uch 
order thereon as it shall deem fit. 
Certain provisions 
to be followed in 
the hearing of appeals.44. The following provisions shall have effect for the 
purposes of an appeal m ade under article 43:
(a) the Tribunal shall summarily reject any appeal 
before it unless prima facie  proof is brought to the effect that, 
by the time when the appeal was filed, the appellant had filed all documentation and information in support of his argument with the Authority in connection with the decision forming the 
subject of the appeal:
Provided that new evidence may be brought on 
appeal if the party producing th e evidence proves that it had n o 
knowledge of such evidence before the appeal or could not, with the means provided by law, have produced such evidence;
(b) the Tribunal shall summarily reject any appeal 
that is deemed by the Tribunal to be frivolous and, or vexatious. In any such case all costs shall be borne by the appellant, and the Tribunal may al so impose on the appellant a 
nominal fine not exceeding one thousand euro (€1,000), which shall be recoverable by the Authority as a civil debt owed and due to the Authority on whic h there is an executive title.
Appeals on a point 
of law.45. (1) Any person who, having appealed to the 
Tribunal, feels aggrieved by its decision may, by application f iled 
      
GAMING [CAP. 583. 29
within twenty days of the Tribunal’s decision, appeal to the Co urt of 
Appeal (Inferior Jurisdicti on), on a point of law only.
(2) The Authority may, if it is aggrieved by the decision of 
the Tribunal, by application filed within twenty days of the Tr ibunal’s 
decision, appeal to the Court of Appeal (Inferior Jurisdiction) , on a 
point of law only.
(3) Unless any regulatory instrument provides a longer 
period, the parties shall be given  no less than five working da ys’ 
notice of the date fixed for the hearing of the appeal.
(4) The Court may confirm or annul the Tribunal's decision 
or make such orders thereon as it may deem fit.
(5) The cost of the appeal shall be at the discretion of the 
Court, and shall be a sum  fixed by the registrar:
Provided that if the Court determines that an appeal is 
frivolous or vexatious, costs sh all be borne by the appellant.
(6) The Minister may, after consulting the Minister 
responsible for justice, by regul ations establish the fees paya ble in 
the registry of the courts in relation to the filing of judicia l acts in 
connection with an appeal to the Court of Appeal (Inferior Jurisdiction) under this article:


Cap. 12.Provided that until such fees have been so established by 
the Minister, the fees contained in Schedule A to the Code of 
Organization and Civil Procedure  shall apply.
PART X - Administration
Appointment of 
administrator.46. (1) Without prejudice to the powers conferred to the 
Authority by or under this Act, the Authority may, in exception al 
circumstances where it is reasonably satisfied that this would be 
preferable to any other action, p roceed to take any one or more  of the 
following measures: 
(a) nominate an administrator to take charge of the 
assets of the authorised person, or any portion of them, for th e 
purposes of safeguarding player f unds, the interests of players , 
and the interests of the empl oyees of the authorised person;
(b) nominate an administrator to assume control of 
the business of the authorised person, either to carry on that business or to carry out such other function or functions in respect of such business, or pa rt thereof, as the Authority may  
direct,
and by application seek the appoi ntment of such administrator b y the 
Civil Court (V oluntary Jurisdiction Section), with such remuner ation 
30 [CAP. 583. GAMING 
as the Court may deem fit:










Cap. 386.Provided that, where the assets of the authorised person 
are insufficient to satisfy its liabilities, the remuneration d ue to the 
administrator and any lawful expenses and disbursements incurre d by 
the administrator in the performance of his functions shall be paid in 
the same order of priority as expenses and other disbursements incurred by a liquidator, and the remuneration due thereto, in an 
insolvent winding up in accordance with article 258 of the 
Companies Act .
(2) Where an administra tor is so appointed -
(a) under sub-article (1)(a), it shall be the duty of 
the authorised person to deliver to such appointed administrator all the assets, whether movable or immovable, of which he is placed in charge, a nd all the powers, functions and  
duties of the authorised person in respect of those assets, including those exercisable by  the authorised person in a 
general meeting, or by the direct ors, or by any other person, 
including the legal and judicial representation of the authorised person, shall be exe rcisable by and vest in the 
administrator appointed under the said sub-article to the exclusion of any other person;
(b) under sub-article (1)(b), the authorised person 
shall submit its business to the control of such appointed administrator and shall provide such person with such facilities as may be required to carry on that business or to carry out the functions assigned to such person under the said 
paragraph; and all the powers, functions and duties of the authorised person, including the legal and judicial representation of the authorised person, shall be exercisable b y 
and vest in the administrator appointed under the said sub-article to the exclusion of any other person.
(3) The Authority may, where it feels it is in the best interest  
of the players or the general pub l i c  s o  t o  d o ,  ma k e  o r  i s s u e  p u blic 
statements or notices giving warnings or information about any measure taken in terms of this article.
(4) The Authority may require the authorised person 
concerned to pay all the expens es of, and incidental to, the 
publication or issue of public sta tements or notices pursuant t o this 
article, or such part thereof as it may deem appropriate; and a ny sum 
so due shall be recove rable by the Authority  as a civil debt.
(5) The administrator holds office -
(a) for the duration esta blished by the Court; or
      
GAMING [CAP. 583. 31
(b) in the absence of an established period of 
duration, until such time as the Court, or the Authority, deems  
necessary, 
unless before such time he resigns  by means of a note filed bef ore the 
Court and notified to the Authority.
(6) The Authority may, by means of a binding instrument, 
specify in further detail the responsibilities of an administra tor 
appointed in accordance with this Part, the procedures to be fo llowed 
in connection with such appointm ent, and other ancillary matter s.
PART XI - Miscellaneous
Conflict between 
this Act and any 
other law.47. Unless otherwise stated in this Act or in any other 
regulatory instrument, in case of any conflict between this Act  or any 
other regulatory instrument and any provision relating to gamin g in 
any other law, this Act or such regulatory instrument, as the c ase may 
be, shall prevail.
Appointment of 
officers and employees.48. (1) Without prejudice to the other provisions of this 
Act, the appointment of officers and other employees of the Authority, and the establishment of terms and conditions thereo f, 
shall be made by the same Authority. 
(2) The Authority shall appoint and employ, at such 
remuneration and upon such terms and conditions as it may in accordance with this article det ermine, such officers and emplo yees 
of the Authority as may, from time to time, be necessary for th e due 
and efficient discharge of the functions of the Authority. With out 
prejudice to the other provisions of this article and this Act,  t h e  
appointment and employment of officers and employees shall be regulated by the provisions  of the Second Schedule.
(3) No member, employee or other officer of the Authority 
may participate in gaming offered by an operator regulated by t he 
Authority.
Cap. 9. (4) For the purposes of the Criminal Code  and of any 
provision of penal nature in any other law, the members of the Authority and every officer or employee thereof shall be deemed  to 
be public officers.
Limitation of 
liability.49. The Authority and the officers and employees of the 
Authority shall not be liable in d amages for anything done or o mitted 
to be done in the discharge or purported discharge of any funct ion 
under this Act or any other law administered by the Authority, or 
otherwise in the exercise of the ir official duties, unless the act or 
omission is shown to have been done or omitted to be done, as t he 
case may be, in bad faith. 
32 [CAP. 583. GAMING 
Consultants and 
advisers.50. The Authority may engage such consultants or advisers 
as it may consider necessary to  assist it in the fulfilment of its 
functions.
Name of the 
Authority not to be 
used without consent.51. No person shall, without the prior written consent of the 
Authority, make or cause to be made any representation in any v isual, 
aural or other form, either spe cifically or by implication, to the effect 
that any activity carried out by such person has the approval o r is 
conducted with the cooperation or  assistance of the Authority, or that 
such person is otherwise collaborating with or assisting the Au thority.
Service of notices. 52. Where a notice howsoever described is required to be 
given by the Authority to any pers on whether under this Act or under 
any other law administered by the Authority, the notice shall b e 
addressed to that person and shall be given to the person in an y of the 
following ways:
(a) by delivering it to the p erson on whom it is to be 
served or to whom it is to be given;
(b) by leaving it at the usual or last place of abode of 
the person, if such person has furnished such an address or, if  
such person has furnished an a d d r e s s  f o r  s e r v i c e ,  a t  s u c h  
address;
(c) by sending it by registered mail addressed to that 
person at the place or abode or address for service as aforesai d;
(d) in the case of a body corporate or other body of 
persons, by delivering it to an officer or employee thereof at the registered or principal offi ce, or by sending it by registe red 
mail addressed to the body af oresaid at that office;
(e) in any case where the Authority considers that 
the immediate giving of the notice is required, by sending it b y 
electronic means, such as by electronic mail to the person:
Provided that the means used must be such as to 
enable the production of proof of delivery; or
(f) in any case in which it is  not reasonably possible 
to effect service or give notice in any of the foregoing manners, whether on all or on any one or more of the persons on whom service is to be made or notice is to be given, by affixing the document to be served or given in a conspicuous place on the premises to which it relates, and keeping it so affixed for a period of not less than seven working days, and by publishing the contents thereof in the Gazette. 
Language of 
regulations and 
directives.53. Regulations which may be made by the Minister upon 
the advice of the Authority or after consultation therewith und er any 
Act in respect of which the Authority has been appointed as the  
      
GAMING [CAP. 583. 33
competent authority, and any directives or other binding instru ments 
which may be issued by the Authority in accordance with the provisions of this Act or any other regulatory instrument, may be 
published in the Eng lish language only.
Inapplicability of 
certain provisions. 
Cap. 16.54. Articles 1713 and 1716 of the Civil Code  shall not apply 
with respect to a game lawfully provided in terms of this Act o r any 
other regulatory instrument and, or any game which is provided by an 
operator lawfully authoris ed by or under this Act.
Retention of 
information. 
Cap. 586.55. Notwithstanding any other law, including the Data 
Protection Act , the Authority may, for the purpose of carrying out its 
functions under this Act or any other regulatory instrument, re tain 
any information, including persona l information, for such perio d of 
time as it may in its discretion deem necessary, or indefinitel y as the 
case may be.
Peremptory period. 56. Any claim of whatsoever na ture brought against the 
Authority shall be filed within two years from when the interes ted 
person knew or could have become aware of the act which gave ri se 
to the claim, which ever is earlier:
Provided that for the sake of clarity such period shall be a 
peremptory period and shall not be subject to suspension, interruption, or any other extension of such period.
Repeal of Acts and 
construction of 
references therein. 
Amended by: 
L.N. 204 of 2018; 
XLI.2018.2. 
Cap. 438. 
Cap. 400. 
Cap. 70.
Cap. 122.57. (1) Saving the provisions of sub-articles (4), (5), (6) 
and (7), the Lotteries and Other Games Act , the Gaming Act , the 
Public Lotto Ordinance  and the  Director of Public Lotto (Powers and 
Functions) Act , hereinafter collectively referred to as "the repealed 
legislation", are hereby repealed, without prejudice to anythin g done 
or omitted to be done thereunder.
(2) Any reference in any law or private contract or any other 
legal instrument or document whatsoever, be it domestic, foreig n or 
international, to the repealed legislation shall be read and co nstrued 
as a reference to the Malta Gaming Authority established by thi s Act.
(3) Any reference in any law or private contract or any other 
legal instrument or document whatsoever, be it domestic, foreig n or 
international, to the repealed legislation and, or any subsidia ry 
legislation made or binding instrument issued thereunder shall,  until 
their repeal, be read and constr ued as a reference to this Act and any 
applicable regulatory instrument.
(4) All provisions of the repealed legislation including 
subsidiary legislation made the reunder shall remain in force un til 31 
December 2018:
34 [CAP. 583. GAMING 
Provided that in so far as these provisions apply to 
gaming provided by means of distance communication, such provisions shall only remain in force until 31st July, 2018.
(5) (a) Until 31 December 2018, where there is any 
conflict between this Act and re gulatory instruments issued 
thereunder, and any of the provisions relating to gaming provid ed in 
gaming premises in the repealed  legislation, including subsidia ry 
legislation made thereunder, the p rovisions of the repealed leg islation 
shall prevail.
(b) For the sake of removing any doubt, after 1st 
August 2018, where there is any conflict between this Act and 
regulatory instruments issued thereunder, and any of the provis ions 
relating to gaming by means of distance communications in the repealed legislation, including subsidiary legislation made thereunder, the provisions of this Act and the regulatory instr uments 
issued thereunder shall prevail.


S.L. 583.01 
S.L. 583.02 
S.L. 583.03.(6) Notwithstanding the provisions of the preceding sub-
articles, the Responsible Gaming Fund Regulations , the 
GamingMalta Fund Regulations  a n d  t h e  Gaming Licence Fees 
Regulations , shall be kept in force and sha ll continue to have effect as 
though made under this Act.
(7) Notwithstanding the provisions of the preceding sub-
articles and the provisions of t his Act, all leases granted to the 
Government of Malta and, or the Director of Public Lotto to be sub-
leased as lotto booths, as well as all such sub-leases granted by the 
Government of Malta and, or the Director of Public Lotto, as we ll as 
anything done thereund er or by virtue thereo f, shall be kept in  force 
within their terms, and shall continue to have effect as admini stered 
by and in the name of the Government of Malta.
Detailing of public 
officers for duty 
with the Authority.58. The Prime Minister may, at the request of the Authority, 
from time to time direct that any public officer shall be detai led for 
duty with the Authority, in accor dance with the Second Schedule .
Amendment and 
revocation of other enactments.

Amended by: 
XLI.2018.3.59. (1) Subject to the provisions of sub-article (2), the 
enactments in the First Column of Part A of the Fourth Schedule shall 
have effect subject to the amendm ents appearing relative theret o in 
the Second Column of the said Schedule.
(2) Notwithstanding the provisions of sub-article (1) the
amendment referred to in item 3 of Part A of the Fourth Schedul e shall
come into force upon a notice being issued by the Minister to this 
effect in the Gazette .
(3) Subject to the provisions of sub-article (4), the 
enactments referred to in Part B  of the Fourth Schedule, hereinafter 
referred to as "the revoked ena ctments", shall be revoked.
      
GAMING [CAP. 583. 35


S.L. 78.01.(4) Notwithstanding the provisions of sub-article (3) the
revocation of the Racecourse Betting (Use of Totalisator) Rules
referred to in the sixth point of Part B of the Fourth Schedule  shall come
into force upon a notice being issued by the Minister to this effect in 
the Gazette .
FIRST SCHEDULE
(Article 6(4))
Composition and conduct of  affairs of the Board
1. (1) The Board shall establish the policies to be 
pursued by the Authority. In determining such policies, the Boa rd 
shall follow such policy guidelines as may be set out by the Mi nister. 
The Board shall also be responsible for advising the Government  in 
furtherance of the functions and in the attainment of the objec tives of 
the Authority in terms of this Act.
(2) The Board of Governors sh all consist of the following:
(a) a Chairperson, appoin ted by the Minister;
(b) not less than four but not more than six other 
Governors appointed by the Minister from among persons who have distinguished themselves in business, financial activities , 
the professions, the public services or academic affairs and who in his opinion are able to represent the points of view of the industry and players; and
(c) The Chief Executive of the Authority, who shall
be a member of the Board but shall not have the right to vote o n 
the decisions to be made thereby.
(3) The Chairperson and the other members of the Board 
shall be appointed for a term be ing not more than three years, as may 
be specified in the instrument of appointment. However, the mem bers 
so appointed may be re-appointed on the expiry of their term of  
office.
(4) The Minister may designate one of the other members of 
the Board as Deputy Chairperson, and the member so designated shall have all the powers and perform all the functions of the Chairperson during his absence or inability to act as Chairpers on, or 
while the Chairperson is on vacation or during any vacancy in t he 
office of Chairperson:
Provided that the Minister may also, in any of the 
circumstances mentioned in this sub-article, appoint another pe rson 
36 [CAP. 583. GAMING 
to act as Chairperson, and in such case the provisions of this sub-
article and the provisions of the following sub-article shall a pply in 
respect of such person.
(5) (a) A person shall not be eligible to be appointed as 
Chairperson or as a member of the Board of Governors, or of any  
other organ of the Authority, or  to hold any other office with the 
Authority, if he: 
(i) is the holder of any licence or authorisation 
issued by the Authority, or otherwise falls under the regulator y 
or supervisory functions of the Authority; 
(ii) is a director, an officer or employee of such 
holder or other such person men tioned in sub-paragraph (i); 
(iii) has a financial or other interest in any enterprise 
or activity directly related to gaming;
(iv) is a Minister, Parliamentary Secretary or a 
member of the House of Representatives;
(v) is a judge or magistrate  of the courts of justice;
(vi) has been declared ba nkrupt or has made a 
composition or arrangeme nt with his creditors;
(vii) is legally incapacitated or interdicted;
(viii) has been convicted of an offence punishable by 
imprisonment for a period of six months or more;
(ix) has been found guilty of an offence under this 
Act or any other law relating to gaming or of an offence against public trust;
(x) has engaged in or been a ssociated with any other 
business practice or otherwise conducted himself in such manner as to cast doubt on his competence or soundness of judgement; or
(xi) is otherwise not a fit and proper person to hold 
that office.
(b) In determining whether a person is a fit and 
proper person, the Minister shal l have regard to that person’s probity, 
competence and soundness of judgement for fulfilling the responsibilities of that office, to the diligence with which he  i s  
fulfilling or is likely to fulfil those responsibilities, and t o whether the 
interests of any person are, or are likely to be, in any way th reatened 
by his holding of that office.
      
GAMING [CAP. 583. 37
(6) Subject to the provisions of this article, the office of a 
member of the Board shall become vacant:
(a) at the expiry of his term of office;
(b) if he resigns; 
(c) if any circumstances arise that disqualify such 
member from holding office as  a member of the Board; or
(d) if he is removed from office in terms of this 
article.
(7) A member of the Board may be removed if:
(a) such member is, in the opinion of the Minister, 
unfit to continue in office or ha s become incapable of properly  
performing his duties as a member;
(b) the behaviour or performance of the member 
brings into question his suitability or ability to continue as a 
member, in particular for behaviour that affects or may affect his reputation, independence or autonomy, or the reputation, independence or autonomy of the Authority; 
(c) the member has been convicted of a criminal 
offence affecting public trust, or of theft or fraud, or of knowingly receiving property obtained by theft or fraud, or of bribery or of money laundering, provided that the Minister may suspend the member if he is being investigated for a criminal offence; 
(d) the member fails to perform his duties for a 
prolonged period without any valid justification:
Provided that notwithstanding the above, it shall 
be a cause for the removal of a member if that member, for any reason, fails to perform his duties including attending for Board meetings, for a continuous period exceeding six months;
(e) if the member acts in contravention of sub-
article (9); and, or
(f) one or more of the grounds for ineligibility 
envisaged in sub-article (5)  arises after that member’s 
appointment to the Board.
(8) If a member resigns, or if the office of a member of the 
Board is otherwise vacant, or if a member is for any reason una ble 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  
38 [CAP. 583. GAMING 
member of the Board. Any person so appointed shall, subject to sub-
articles (6) and (7) hereof, cease to be 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.
(9) Any member of the Board who has any direct or indirect 
interest in any decision made or proposed to be made by the Boa rd in 
pursuance of its functions under this Act or any other law shal l 
disclose the nature of his interest at the first meeting of the  B o a r d  
after the relevant facts have come to his knowledge. Such discl osure 
shall be recorded in the minutes of the Board, and the member h aving 
an interest as aforesaid shall withdraw from any meetings at wh ich 
such decision 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 Board, he shall report the fact immediately to th e 
Minister and tender his resignation.
2. (1) The meetings of the Boar d shall be called by the 
Chairperson as often as may be necessary, either of his own mot ion or 
at the request of two or m ore members of the Board:
Provided that the Board shall meet as often as may be 
necessary, but not less th an five times every year.
(2) (a) The Chairperson and at least two other members 
of the Board shall form a quorum. Decisions shall be adopted by  a 
simple majority of the votes of the members present and voting:
Provided that, without prejudice to the other 
requirements of this Act, no decision shall be valid which is n ot 
supported by at least two members of the Board.
(b) Each member of the Board shall be entitled to 
one vote:
Provided that the Chairperson shall have an initial vote, 
and in the event of an equality  of votes, a c asting vote. 
(3) Subject to the provisions of this Act, the Board may 
regulate its own procedure.
(4) Subject to the foregoing prov isions of this article, no act 
or proceeding of the Board shall be invalidated merely by reaso n of 
the existence of any vaca ncy among its members.
(5) All acts done by any person acting in good faith as a 
member of the Board shall be valid as if he were a member notwithstanding that some defect in his appointment or qualific ation 
be afterwards discovered. No act or proceeding of the Board sha ll be 
      
GAMING [CAP. 583. 39
questioned by a member on the ground of the contravention, by a  
member, of article 1(9) of this Schedule.
3. (1) The Executive Committee shall be responsible 
for executing the policies decided upon by the Board and for ta king 
the necessary decisions in pursu ance thereof as well as decisio ns in 
furtherance of the day-to-day management of the Authority.
(2) The Executive Committee shall be composed of the 
Chief Executive and the heads of t he Authority's directorates, and any 
other persons as necessary, all of whom shall be appointed by t he 
Board on the recommendation of the Chief Executive. 
(3) The members of the Executive Committee shall be 
appointed for such period as may be established by the Chief Executive in the le tter of appointment. 
(4) The Executive Committee shall meet as often as may be 
necessary and, subject to the provisions of this Act, may regul ate its 
own proceedings.
SECOND SCHEDULE 
(Article 58)
Detailing of public officers for duty with the Authority
1. (1) The Prime Minister may, at the request of the 
Authority, from time to time direct that any public officer sha ll be 
detailed for duty with the Authority in such capacity and with effect 
from such date as may be specified in the Prime Minister’s dire ction. 
(2) The period during which a direction as aforesaid shall 
apply to any officer specified therein shall, unless the office r retires 
from the public service or othe rwise ceases to hold office at a n earlier 
date, or unless a different date  is specified in such direction , cease to 
have effect after one year from the effective date of such dire ction 
unless the direction is revoked earlier by the Prime Minister.
2. (1) Where any officer is detailed for duty with the 
Authority under any of the provisions of article 1 of this Sche dule, 
such officer shall, during the time in which such direction has  effect 
in relation to him, be under the administrative authority and c ontrol 
of the Authority but he shall, for other intents and purposes, remain 
and be considered and tre ated as a public officer.
(2) Without prejudice to the generality of the foregoing, an 
officer detailed for duty as aforesaid:
40 [CAP. 583. GAMING 
(a) shall not, during the time in respect of which he 
is so detailed:
(i) be precluded from applying for a 
transfer to a department of the Government in accordance with the terms and conditions of service attached to the appointment under the Government held by him at a date on which he i s so detailed for duty; or
(ii) be so employed that his remuneration 
and conditions of service are less favourable than those 
which are attached to the appointment under the Government held by him at the date aforesaid or which would have become attached to such appointment, during the said period, had such officer not been detailed for duty with the Authority; and
(b) shall be entitled to have his service with the 
Authority considered as service with the Government for the purposes of any pension, gratuity  or benefit under the Pensions  
Ordinance and the Widows’ and Orphans’ Pension Act and of any other right or privilege to which he would be entitled, and  
shall be liable to any liability t o which he would be liable, b ut 
for the fact of his being detaile d for duty with the Authority.
(3) Where an application is made as provided in sub-article 
(2)(a)(i), the same consideration shall be given thereto as if the 
applicant had not been detailed fo r service with the Authority.
(4) The Authority shall pay to the Government such 
contributions as may from time to time be determined by the Min ister 
in respect of the cost of pensions and gratuities earned by an officer 
detailed for duty with the Authority as aforesaid during the pe riod in 
which he is so detailed.
3. (1) The Authority may, with the approval of the 
Prime Minister, offer to any officer detailed for duty with the  
Authority under the provisions of article 1 of this Schedule, permanent employment with the Authority at a remuneration and o n 
terms and conditions not less fa vourable than those enjoyed by such 
officer at the dat e of such offer.
(2) The terms and conditions comprised in any offer made 
as aforesaid shall not be deemed to be less favourable merely b ecause 
they are not in all respects identical with or superior to thos e enjoyed 
by the officer concerned at the date of such offer, if such ter ms and 
conditions, taken as a whole, in the opinion of the Prime Minis ter 
offer substantially equivale nt or greater benefits.
(3) Every officer who accepts permanent employment with 
the Authority offered to him under the provisions of sub-articl e (1) 
      
GAMING [CAP. 583. 41
shall, for all purposes other tha n those of the Pensions Ordina nce and 
of the Widows’ and Orphans’ Pens ion Act, be deemed to have ceas ed 
to be in service with the Government and to have entered into s ervice 
with the Authority on the date of his acceptance, and for the p urposes 
of the said Ordinance and of the said Act, insofar as this appl ies in his 
case, service with the Authority shall be deemed to be service with 
the Government within the mea nings thereof respectively. 
(4) Every such officer as aforesaid who, immediately before 
accepting 
permanent employment with the Authority was entitled to 
benefit under the Widows’ and Or phans’ Pension Act, shall conti nue 
to be so entitled to benefit thereunder to all intents as if his service 
with the Authority were service with the Government.
(5) The Authority shall pay to the Government such 
contributions 
as may from time to time be determined by the Min ister 
in respect of the cost of pensions and gratuities earned by an officer 
who has accepted permanent employment with the Authority as aforesaid during the period commencing on the date of such offi cer’s 
acceptance.
Amended by: 
L.N. 278 of 
2019.THIRD SCHEDULE
(Article 23)
 Criminal offences
(a) Providing a gaming service and, or a critical gaming 
supply which requires a licence, without the necessary 
licence issued by the Authority or another competent authority in the European Union or the European Economic Area, or aiding, abetting or otherwise facilitating such a provision.
(b) Acting contrary to, or not adhering to the fullest extent 
possible to, an order issued by the Authority, howsoever named.
(c) Committing one or more of the breaches envisaged in 
articles 29, 30, 32 and 33 of this Act.
(d) Preventing, obstructing, or delaying any Police officer 
or 
any officer of the Authority lawfully authorised to 
enter any premises suspected  to be used in contravention 
of any regulatory instrument, or giving an alarm or warning in case of such entry.
42 [CAP. 583. GAMING 
(e) Using, transferring the possession of, sending or 
delivering to any person or place, acquiring, receiving, keeping, transporting, transmitting, altering, disposing of or otherwise dealing with, in any manner or by any means, any money, property (whether movable or immovable) or any proceeds of any such money or property with intent to conceal or convert that money or property or those proceeds and knowing or suspecting that all or a part of that money or property, or of those proceeds, was obtained or  received, directly or 
indirectly, as a result of any act of commission or omission which constitutes an  offence against this Act.
(f) Failing to effect payments to  players when lawfully due:
Provided that where it is disputed whether a payment is 
lawfully due or otherwise, such payment will be deemed to be lawfully due for the purpose of this provision when there is a final binding decision to that effect by a competent court of law or dispute resolution entity.
(g) Failing to ensure the integrity and availability of 
essential regulatory data.
(h) Any other breach specified in any regulatory instrument 
which is defined therein as giving rise to a criminal offence or an offence against this Act.
FOURTH SCHEDULE
(Article 59)
PART A - Amendment of other enactments
1.  Criminal Code  - 
Cap. 9:The following provisions thereof shall be 
repealed:
(a) article 379; and
(b) the proviso to article 643.
2. Conduct 
Certificates 
Ordinance  - 
Cap. 77:In the Fourth Schedule thereof, for the words 
"Lotteries and Gaming Authority" there shall be 
substituted the word s "Malta Gaming 
Authority", and for the words "Lotteries and Other Games Act" there shall be substituted the 
words "Gaming Act".
3. Racecourse 
Betting Ordinance  
- Cap. 78:The following provisions thereof shall be 
repealed:
(a) articles 6 to 13, both inclusive;
      
GAMING [CAP. 583. 43
(b) paragraph (d) of article 14;
(c) the second proviso to article 15; and
(d) article 16.
4. Broadcasting Act  - 
Cap. 350:(a) Article 10(6C) thereof shall be repealed.
(b) Immediately after paragraph (c) of sub-
article (4) of article 16M thereof there shall 
be added the following new provisos:
"Provided that 
notwithstanding the above, gambling products which are strictly related to 
a sporting event may be advertised 
on such programme throughout the duration of such event, subject to 
such restrictions and conditions as 
the Authority and, or the Malta Gaming Authority  may impose 
thereon:
Provided further that 
notwithstanding the first proviso 
hereof, if the Authority deems that, 
in the interest of public health and, or 
for the protection of minors and, or vulnerable persons as defined in the 
Gaming Definitions Regulations, 
2018 the advertising envisaged in the first proviso hereof shall not occur, it 
may restrict and, or prohibit such 
advertising as it deems fit in its sole discretion.".
5. Services (Internal 
Market) Act  - 
Cap. 500:In paragraph (g) of sub-article (2) of article 3 
thereof, for the words "the Gaming Act and the Lotteries and other Games Act", there shall be 
substituted the words "the Gaming Act".
6. Registration of 
Clubs Regulations  
- S.L. 10.21(a) In paragraph (b) of r egulation 5 thereof, 
immediately after the word "gambling" 
there shall be added the words "and 
provided that he has verified that prior authorisation has been issued by the Malta 
Gaming Authority in terms of the Gaming 
Act"; and
(b) Regulation 9 thereo f shall be amended as 
follows:
(i) in paragraph (d) thereof, immediately 
after the word "premises" there shall be added the words "provided that the 
Commissioner of Police has verified 
that prior authorisation has been issued by the Malta Gaming Authority 
in terms of the Gaming Act";
44 [CAP. 583. GAMING 
(ii) in paragraph (e) thereof, immediately 
after the word "gambling" there shall 
be added the words "provided that the Commissioner of Police has verified 
that prior authorisation has been 
issued by the Malta Gaming Authority in terms of the Gaming Act".
7. Fees leviable by 
Government 
Departments 
Regulations  - 
S.L. 35.01The following provisions within the Schedule 
thereof shall be repealed:
"Lotto
(a) For a permit to hold a tombola or 
lottery, inclusive of the duty leviable 
......... 0.17
Such fees shall be denoted by means of stamps to be affixed to the permit.
(b) Fee in respect of an application filed 
later than the term specified in 
regulation 7 of the Public Tombolas Regulations - exclusive of the fees 
payable under paragraph (a) above 
.................... 1.16".
8. Smoking in the 
Public Places 
Regulations  - 
S.L. 315.04In paragraph (c) of sub-regulation (2) of 
regulation 4 thereof, for the words "Lotteries and 
Gaming Authority" there sh all be substituted the 
words "Malta Gaming Authority".
9. Satellite 
Television 
Broadcasting 
Licence 
(Empowerment) 
Order  - 
S.L. 350.13Article 2 thereof shall be repealed.
10. Requirements as to 
Standards and 
Practice applicable 
to the Conduct of 
Competitions and 
the Award of 
Prizes  - 
S.L. 350.22(a) Immediately after sub-paragraph (iv) of 
paragraph 1.2.2 of regulation 1 thereof 
there shall be added the following new 
paragraph:
"1.2.3 Provided that in the exercise of 
this regulation, the Gaming Act and the regulato ry instruments 
made thereunder applicable to it, 
shall be complied with.";
(b) Immediately after paragraph 3.3 of 
regulation 3 thereof there shall be added the following new paragraph:
      
GAMING [CAP. 583. 45
"3.4 Provided that in the exercise of 
this regulation, the Gaming Act 
and the regulatory instruments 
made thereunder applicable to it, shall be complied with.";
(c) Immediately after paragraph 4.1 of 
regulation 4 thereof there shall be added the 
following new paragraph:
"4.2 Provided that in the exercise of 
this regulation, the Gaming Act 
and the regulatory instruments made thereunder applicable to it, 
shall be complied with.";
(d) Immediately after paragraph 5.3 of 
regulation 5 thereof there shall be added the 
following new paragraph:
"5.4 Provided that in the exercise of 
this regulation, the Gaming Act and the regulatory instruments 
made thereunder applicable to it, 
shall be complied with.";
(e) Immediately after paragraph 6.2 of 
regulation 6 thereof there shall be added the 
following new paragraph:
"6.3 Provided that in the exercise of 
this regulation, the Gaming Act 
and the regulatory instruments made thereunder applicable to it, 
shall be complied with.";
(f) Immediately after sub-paragraph (iv) of 
paragraph 10.1 of regulation 10 thereof 
there shall be added the following new paragraph:
"10.2 Provided that in the exercise of 
this regulation, the Gaming Act 
and the regulatory instruments 
made thereunder applicable to it, shall be complied with.";
(g) Immediately after paragraph 11.1 of 
regulation 11 thereof there shall be added 
the following new paragraph:
"11.2 Provided that in the exercise of 
this regulation, the Gaming Act 
and the regulatory instruments made thereunder applicable to it, 
shall be complied with.".
46 [CAP. 583. GAMING 
Amended by: 
L.N. 418 of 2018 .PART B - Revocation of other enactments
The following subsidiary legislation is being revoked:
-t h e  Betting on the Result of Football Matches Order  -  
S.L. 9.02;
-t h e  Importation of Mechanical Gambling Contrivances 
Regulations  - S.L. 37.03;
-t h e  Permits application for Lotteries, Tombolas or Small 
Games Regulations  - S.L. 70.01;
-t h e  Public Tombolas Regulations  - S.L. 70.02;
-t h e  Public Lotto Regulations  - S.L. 70.03;
-t h e  Racecourse Betting (Use  of Totalisator) Rules  - 
S.L. 78.01.11. Requirements as to 
Advertisements, 
Methods of 
Advertising and 
Directions 
Applicable to 
Gambling 
Advertisements  - 
S.L. 350.25(a) In paragraph 2.2 of regulation 2 thereof, the 
words "since any such advertising is 
prohibited in terms of article 49 of the Gaming Act (Chapter 400 of the Laws of 
Malta)" shall be deleted;
(b) In paragraph 4.1 of regulation 4 thereof, the 
first reference to the words "the Lotteries 
and Other Games Act" shall be deleted, and for the words "Lotteries and other Games 
Act or any subsidiary legislation made 
thereunder" there shall be substituted the words "Gaming Act or a ny other regulatory 
instruments issued thereunder";
(c) Immediately after sub-paragraph (xvii) of 
paragraph 5.4 of regulation 5 thereof there s h a l l  b e  a d d e d  t h e  f o l l o w i n g  n e w  
paragraph:
"5.5 Without prejudice to the 
generality of the foregoing, in the 
exercise of this provision, the Code of Commercial 
Communications, howsoever 
named, as issued by the Malta Gaming Authority shall be 
complied with.".