S.L. 583.6 Art. 8Enforcement measures.

(1) The enforcement measures which the Authority may take are the following:

(a) an order, howsoever named, directing the authorised person to do, or to refrain from doing, something or to otherwise correct its conduct and, or operations; and, or

(b) a warning, howsoever named, directing the authorised person to do, or refrain from doing, something in the future; and, or

(c) adding, removing or amending conditions attached to the authorisation held by the relevant authorised person; and, or

(d) in the case of a breach which is not an offence against the Act, imposing an administrative penalty in terms of article 25(3) of the Act; and, or

(e) in the case of a breach which is an offence against the Act, and without prejudice to article 25(1) of the Act, filing a report to the Executive Police for the commencement of criminal proceedings; and, or

(f) suspending or cancelling the licence, in terms of regulations 9 or 10, as the case may be:

Provided that the enforcement sanctions mentioned in this sub-regulation shall not be made public unless the Authority determines that this is in the public interest or if the Authority is obliged to make such sanction public in terms of any other law:

Provided further that any measure mentioned in paragraph (f) shall be made public.

(2) The Authority may exercise an enforcement measure solely following the conclusion of a compliance review and, or a formal investigation:

Provided that the Authority may, in exceptional circumstances and in the interest of players or on grounds of public policy, public security or the safeguarding of the reputation of Malta, exercise any enforcement measures which it deems appropriate prior to the performance of the review and, or investigation, or following the conclusion thereof but prior to the lapse of the time within which the authorised person may contest the findings.

(3) Without prejudice to the above and to any provision of the Act or any other law, in the case of the offence listed in paragraph

(a) of the Third Schedule to the Act, the Authority may, whether the person in breach is an authorised person or otherwise, impose an administrative fine on the person in breach and, or give any other direction it may deem fit as an alternative to criminal proceedings in terms of article 25(1) of the Act:

Provided that any person in breach of paragraph (a) of the Third Schedule to the Act may request that the above enforcement measure be taken in his regard, and the Authority shall take such measure as an alternative to criminal proceedings unless it is reasonably satisfied that criminal proceedings are more appropriate, having regard to the circumstances of the case:

Provided further that for the avoidance of doubt, the Authority’s decision not to impose an administrative fine on the person in breach as an alternative to criminal proceedings shall be considered to be an administrative act subject to an appeal in terms of article 43 of the Act.

(4) Without prejudice to the foregoing, the Authority shall also be empowered to keep and publish a list of operators which are not compliant with the applicable laws and, or regulatory instruments:

Provided that any operator included on such list shall be given the opportunity to make submissions to the Authority, clarifying and, or addressing its lack of compliance, in order for the Authority to remove such operator from the list:

Provided further that should the Authority refuse, further to remonstrations from such operator, to remove the operator from such list, the refusal shall be deemed to constitute an administrative act which may be appealed from in terms of article 43 of the Act.