Government Notices published in Govt. Gazette No. 20,645 of 15th June 2021

IT is notified for general information that the following Bill is published in the Supplement to this Gazette:

Bill No. 221 entitled the Environment Protection (Amendment No. 3) Act, 2021.

IT is notified for general information that the following Legal Notices were published in the Supplement to the Government Gazette No. 20,642 of 11th June, 2021.

L.n. 240 of 2021: Investment Services Act (Cap. 370); Investment Services Act (List of Notified AIFs) (Amendment) Regulations, 2021.

L.n. 241 of 2021: Value Added Tax Act (Cap. 406); Value Added Tax Act (Amendment of Thirteenth Schedule) Regulations, 2021.

L.n. 242 of 2021: Nuclear Safety and Radiation Protection Act (Cap. 585); Commission for the Protection from Ionising and Non-Ionising Radiation Regulations, 2021.

L.n. 243 of 2021: Education Act (Cap. 327); Bye-laws of 2021 to amend the Bye-Laws of 2014 in terms of the General Regulations for University Undergraduate Awards, 2019 for the Degree of Bachelor of Arts (Honours) (Tourism Studies) – B.A. (Hons) (Tourism Studies) – under the auspices of the Institute for Tourism, Travel and Culture.

L.n. 244 of 2021: Education Act (Cap. 327); Bye-Laws of 2021 to amend the Bye-Laws of 2013 in terms of the General Regulations for University Undergraduate Awards, 2019 for the Degree of Bachelor of Fine Arts (Honours) – (BFA) (Hons) – in Digital Arts under the auspices of the Faculty of Media and Knowledge Sciences.

L.n. 245 of 2021: Education Act (Cap. 327); Bye-Laws of 2021 to amend the Bye-Laws of 2011 in terms of the General Regulations for University Undergraduate Awards, 2019 for the Degree of Bachelor of Science (Honours) in Earth Systems – B.Sc. (Hons) – under the auspices of the Institute of Earth Systems.

L.n. 246 of 2021: Education Act (Cap. 327); Bye-Laws of 2021 to amend the Bye-Laws of 2020 in terms of the General Regulations for University Undergraduate Awards, 2019 for the Diploma in Education for Cultural Mediation under the auspices of the Faculty of Education.

L.n. 247 of 2021: Education Act (Cap. 327); Health Professions Course Syllabi and/or Programmes of Study (Amendment) Regulations, 2021.

L.n. 248 of 2021: Education Act (Cap. 327); Bye-Laws of 2021 to amend the Bye-Laws of 2010 in terms of the General Regulations for University Postgraduate Awards, 2021 for the Postgraduate Diploma in Pastoral Psychology under the auspices of the Faculty of Theology.

L.n. 249 of 2021: Education Act (Cap. 327); Bye-Laws of 2021 to amend the Bye-Laws of 2013 for the Selection of Applicants for Admission to the Bachelor of Science (Honours) – B.Sc. (Hons) - Degree Course under the auspices of the Faculty of Dental Surgery.

L.n. 250 of 2021: Education Act (Cap. 327); Bye-Laws of 2021 to amend the Bye-Laws of 2014 in terms of the General Regulations for University Postgraduate Awards, 2021 for the Degree of Master of Arts – M.A. – under the auspices of the Faculty of Economics, Management and Accountancy.

L.n. 251 of 2021: Education Act (Cap. 327); Bye-Laws of 2021 to amend the Bye-Laws of 2013 in terms of the General Regulations for University Postgraduate Awards, 2021 for the Degree of Master of Science – M.Sc. – under the auspices of the Faculty of Health Sciences.

L.n. 252 of 2021: Education Act (Cap. 327); Bye-Laws of 2021 to amend the Bye-Laws of 2019 in terms of the General Regulations for University Postgraduate Awards, 2021 for the Degree of Master of Science in Insurance and Risk Management – M.Sc. – under the auspices of the Faculty of Economics, Management and Accountancy.

L.n. 253 of 2021: Education Act (Cap. 327); Bye-Laws of 2021 to amend the Bye-Laws of 2019 in terms of the General Regulations for University Postgraduate Awards, 2021 for the Degree of Master of Science in Mental Health Studies – M.Sc. – under the auspices of the Faculty of Health Sciences, the Faculty of Medicine and Surgery and the Faculty for Social Wellbeing.

Notice of Cancellation and Administrative Penaltyin terms of Art 52 (f) of the Gaming Act (Cap. 583 of the Laws of Malta)

The Malta Gaming Authority (hereinafter the 'Authority') is hereby notifying Evobet Limited ('Authorised Person' or 'Operator') with this Notice of Cancellation and Administrative Penalty ('Notice') in terms of reg. 10 (1) (a) of the Gaming Compliance and Enforcement Regulations ('Regulations') (S.L. 583.06) which empowers the Authority to cancel an authorisation where one of the grounds for suspension envisaged in reg. 9 of the Regulations arises and, where, in the Authority's sole discretion, a cancellation of authorisation is the most appropriate measure.

The authorised person is by virtue of this Notice being provided with twenty (20) days within which it can show cause why the Authority should not proceed with the enforcement action highlighted by this notice in terms of reg. 10 (2) (a) of the Regulations.

Overview of Breaches

Breach I: Non-payment of Annual Licence Fees and Monthly Compliance Contribution

The authorised person has failed to settle payment for the Annual Licence Fees and Compliance Contribution pertaining to the abovementioned licence in contravention of Reg. 3 (1) (a) and (b), and Reg. 6 (1) (a) and (b) of the Gaming Licence Fees Regulations (S.L. 583.03) ('Licence Fees Regulations').

As at the date of issuance of this Notice, the total outstanding dues ('Outstanding Dues') amount to sixty-seven thousand, six hundred, sixty-six euro and sixty-seven cents (€67,666.67).

This total amount is composed of:

1. Thirteen thousand and five hundred Euro (€13,500) which is the remaining balance on the Annual Licence Fee for the year 2019;

2. Six thousand, two hundred and fifty Euro (€6,250) which corresponds to the outstanding Compliance Contribution Fees due for the period between October and December 2019, calculated as minimum monthly payments for two thousand, eighty-three Euro and thirty-three cents (€2,083.33) per month for October, November and December respectively;

3. Twenty-two thousand, nine hundred and sixteen euro and sixty-seven cents (€22,916.67) which corresponds to the outstanding Compliance Contribution Fees due for the period between January to November 2020, calculated as minimum monthly payments of two thousand, eighty-three Euro and thirty-three cents (€2,083.33) per month for January, February, March, April, June, July, August, September, October and November of 2020, and;

4. Twenty-five thousand euro (€25,000) representative of the Authorised Person's licence fee which became due on 8 November 2020.

The authorised person has been in contact with the Authority through its director, then, Mr Iosif Galea (hereinafter referred to as the 'Key Function Holder' or 'Director'). It must be noted that following correspondence vis-à-vis previous outstanding dues on 11 November 2019, including those communications related to compliance contribution fees for April and August 2019, an outstanding balance of two thousand and ninety-three Euro and seventy-nine cents (€2,093.79) relating to compliance contribution fees for September 2019 and the upcoming annual licence fee payment for the year 2019 which had become due on 8 November 2019, were brought to the attention of the director. Subsequent correspondences through the months encompassed the constant accumulation of compliance contribution dues in excess of the above-mentioned outstanding dues. A voluntary suspension application was submitted on 27 February 2020, however, given the pending dues, the authorised person was notified that the application will not be processed and will be rejected.

Following other reminders, the director stated that the operator was having difficulties with its banks, and that is why the payments could not be executed in a timely manner. The Authority last corresponded with the authorised person on this matter in July 2020. The compliance contribution continued to accumulate by the minimum capped amount of two thousand and eighty-three Euro and thirty-three cents €2,083.33 for the rest of the months following July 2020 per the above.

Notwithstanding the reasons provided by the operator for which the authorised person supposedly breached the above-quoted regulations, several acts encompassed by the same breach including e.g. the outstanding licence fee and several outstanding compliance contribution fees, which were due before the Covid-19 pandemic, preceded such pandemic and its adverse effects; in turn, the constant breaches and delayed payment are considered to be due to systemic failings on part of the authorised person.

Breach II: Non-Submissions of the 2018 Annual Financial Statements (AFSs), Management Accounts (IFSs) for 2019 and Management Accounts for 2020

The operator has failed to submit the AFSs for the year 2018 and the IFSs for the year 2019 and 2020. In failing to submit this documentation, the operator is considered to have breached Art. 41 (1) and (2) of the Gaming Authorisation and Compliance Directive – Directive 3 of 2018 ('Directive'). Both the above-mentioned AFSs and IFSs have not been submitted.

Reference is made to a Notice of Breach which had been sent to the key function holder in relation to the authorised person's failure to submit the 2018 AFSs. Contrary to what was held by the Director in his reply, the AFSs are still to be submitted. This breach is also considered to have materialised vis-à-vis the IFSs for the period between January to June 2020 which became due on the 31st of August, 2020.

Breach III: Key Function Roles Not Submitted to the Authority

The authorised person has failed to notify the Authority with Key Function-Documentation in the manner so required by the Authority. It is established by virtue of art. 5 of the Directive that Licensees shall notify the Authority with the key persons who shall be providing it with one or more key functions. This, without prejudice to the general requirement that such person would need to be certified as a key function holder. All fifteen key function roles remain unassigned. Although the operator had, at some point in time, submitted three application encompassing six key function roles, these were subsequently closed off since the operator never followed-up to the Authority's chasers in relation to the same. There were several instances of toing and froing between the Authority and the Director in relation to this matter. Ultimately, no key function holder had been approved by the Authority prior to the operator's application for voluntary suspension.

Breach IV: Failure to Submit Requested Information

The Information Department within the Authority requested the Authorised Person to submit its Industry Performance Returns ('Returns') for the period between 1 January 2020 and 30 June 2020. These Returns were due on 7 September 2020. Although the Authority issued the authorised person with an extended deadline until 14 September 2020, no such Returns have been submitted to the Authority in contravention of Art. 39 (3) of the Directive which establishes that the Authority reserves the right to ask for further information as it may, in its discretion, deem necessary.

Breach V: Failure to adhere to Reporting Requirements

Reference is made to art. 39 of the Directive which requires operators to provide the Authority with a monthly report on the player funds relating to their operation by no later than twenty days following the end of the reporting month to which it refers. The operator has failed to submit the Player Funds Reports (PFRs) corresponding to the months from July to November 2020. Additionally, following an assessment of the operator's submissions between February and June 2020, all such PFRs were closed with issues.

Enforcement Measures

1. Cancellation

The above-mentioned breaches have given rise to the below grounds for suspension, which as described above, have been considered by the Authority to warrant cancellation of the authorisation bearing number MGA/B2C/268/2012 in terms of reg. 10 (1) (a) of the Regulations:

a) Reg. 9 (1) (c) of the Regulations since the Authorised Person has failed to comply with one or more applicable obligations in terms of any regulatory instrument or any other applicable law of Malta; and,

b) Reg. 9 (1) (l) of the Regulations since the Authorised Person has failed to pay in a timely manner all amounts due to the Authority.

2. Administrative Penalty

Without prejudice to the outstanding dues owed to the Authority which amount, per that laid out in Breach I, to sixty-seven thousand, six hundred, sixty-six euro and sixty-seven cents (€67,666.67), the Authorised Person is, in consideration of the applicable aggravating and mitigating factors, being furnished with an Administrative Penalty in the global amount of fifty-two thousand and five hundred euro (€52,500).¹

Breach I

This breach is considered to have been aggravated since it materialised deliberately. In light of this, the administrative penalty in relation to this breach which encompasses both the non-payment of the licence-fee and the applicable compliance contribution fees amounts to eighteen thousand euro (€18,000).

Breach II

Since this breach relates to both the Annual Financial Statements and the Management Accounts and given that the breaches are considered to have been materialised deliberately and in a systematic fashion, the administrative penalty pertaining to this breach amounts to seventeen thousand and five hundred euro (€17,500).

Breach III

This breach is considered to have been committed deliberately. The administrative penalty issued in relation to this breach amounts to six thousand euro (€6,000).

Breach IV

This breach is considered to have been committed deliberately. The administrative penalty issued in relation to this breach amounts to four thousand euro (€4,000).

Breach V

This breach is considered to have been committed in a deliberate and systemic fashion. The administrative penalty in its regard amounts to seven thousand euro (€7,000).

Notwithstanding the above-highlighted sum, kindly note that this sum has been revised in consideration of the Authorised Person's scale and current financial standing to the lesser amount of twenty-one thousand euro (€21,000).

The issuance of this Notice shall be without prejudice to any actions or ulterior enforcement measures that may be taken by the Authority in respect of any breach or breaches which have not been herein identified.

Given the foregoing, the Authority is hereby tendering the authorised person with a formal Notice of Cancellation and Administrative Penalty in terms of regulations 10 (1) (a); and 8 (1) (d) of the Regulations and Article 25 (3) of the Act. The Authority is hereby directing the Authorised Person to show cause in writing, per reg. 10 (2) (a) of the Regulations, within twenty (20) days commencing from the date of service of this Notice of Cancellation, why the Authorisation should not be cancelled, and why the administrative penalty should not be issued.

Provided that if the Authorised Person fails to exercise its right to show cause why the Authority should not proceed with the imposition of the foregoing enforcement measures within the said twenty (20) day period, the Authority shall proceed accordingly.

¹This is not the final amount of the administrative penalty, as is explained further down below.

Adv. James Baldacchino

Senior Legal Counsel

THE Commissioner of Police, in terms of articles 7 and 8 of the Private Guards and Community Officers Act 1996, hereby notifies that the following applications as mentioned hereunder have been received:

Application for licence of a Community Officer

Application for licence of aPrivate Guard

.

Any person may, within one month from the publication of this notice, object in writing to the Commissioner about the issue of the above licences on any of the grounds listed in section 10 of the Private Guards and Community Officers  Act 1996, which are:

(a) where the applicant or any officer of the applicant or any person who has an effective control of the services to be provided by the applicant.

(i) has been convicted in Malta or elsewhere of any crime against the safety of the state, or of any crime of voluntary harm or injury to any person or any crime against property or public trust or any other serious crime; or

(ii) has been declared bankrupt or his financial position is precarious or otherwise renders the applicant unsuitable; or

(iii) has been discharged from the police or armed forces  or the prison services because of any offence or other misbehaviour; or

(iv) is a public officer or a member of the police or armed forces or the prison services; or

(b) when information is available which is in the public interest; or

(c) where the applicant does not possess the necessary qualifications as may be prescribed by or under the Act.

THE Commissioner of Inland Revenue notifies that, on the date shown hereunder, the price of gold and silver on which valuations made by the Consul for Goldsmiths and Silversmiths are based has been fixed for the purposes of article 14 of the said Act as follows: