S.L. 583.9 Art. 32Complaints.

Without prejudice to the powers set out within the Act, and any other regulatory instrument, and notwithstanding the procedures envisaged in other regulatory instruments for enforcement against breaches committed by authorised persons, for the purpose of ascertaining that the provisions of these regulations are adhered to and in the fulfilment of its function in accordance with article 7(1)(c) of the Act, that gaming is advertised fairly and in a responsible manner:

(a) upon reception of a complaint by any person, or if the Authority becomes in any other manner aware of a prima facie breach of these regulations, the Authority must immediately notify the respective authorised person of such breach, and allow three (3) working days for the authorised person to submit a defence in writing for this alleged breach;

(b) the Authority shall examine the nature of the alleged breach of these regulations, taking into consideration the submissions of the authorised person and publish its decision within ten (10) days from the receipt of submissions from the authorised person. The authorised person must immediately be notified in writing of such decision;

Provided that, the Authority may, when it deems it necessary, instruct the authorized person in writing to suspend the publication or provision of the commercial communication until the final decision is reached by the same Authority and the authorised person shall comply with such instructions;

(c) in the event that the Authority determines that such commercial communication does not comply with these regulations, the Authority may order its modification, retraction or termination;

(d) the Authority may take any administrative action required, including the issuing of administrative sanctions as laid down within the Act and the regulations made thereunder against authorised persons:

Provided that, in the event that the authorised person voluntarily amended, or temporarily suspended the commercial communication in question, pending the final decision of the Authority, this action will be taken into consideration by the Authority when determining the nature of the sanction;

(e) the Authority may call on the support of any relevant competent Maltese authorities for the removal of any material which is in breach of these regulations or the Act.