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George Cross (Restriction of Use) Ordinance (Cap. 115) Consolidated

GEORGE CROSS (RE S T R ICTI ON OF USE ) [CAP. 115. 1

CHAPTER 115

GEORGE CROSS (RESTRICTION OF USE) ORDINANCE

To regulate the use of the emblem of the George Cross.

(25th August, 1943)*

ORDINANCE XVI of 1943 as amended by Legal Notices: 4 of 1963, 46 of 1965; Acts: LVIII of 1974, XI of 1977, XIII of 1983 and VIII of 1990; and Legal Notice 409 of 2007.

1. The short title of this Ordinance is the George Cross

(Restriction of Use) Ordinance.
2. (1) As from the commencement of this Ordinance it shall not be lawful for any person to use or to continue to use for the p u rposes of his trade or busin ess, o r for any o t her pu rp ose whatsoev er, witho u t t h e au tho r ity of t h e Prime Mi nister, the emblem of the George Cross or any colourable imitation thereof or the words "George Cross" whether alone or in combination with any other word or words, and, if any person acts in contravention of t h i s pr ov isio n, he sh all be g u i l t y o f an o f fence agai nst th is Ordin a nce , and sh all be li abl e o n conv ict i o n by th e Co urt of Ma gistrates to a fine (multa ) of not l ess than one hundred and sixteen euro and forty-sev en cents (116.47 ) nor m ore than four hundred and sixty-five euro and eighty-seven cents (465.87), and to forfeit any goods upon or in connection with which the emblem or words was or were used:
Provided that where such emblem or words is or are already being used on the date of assent and an application in writing is made to the President of Malta, within one month of the date of commencement of this Ordinance, for permission to continue to use the sam e , it shall be deemed t h at the person concerned has a provisional authority to use such emblem or words, as the case may be, until the President of Malta’s decision on the application is made known to that person.
(2) The Prime Minister may, at any time, in his absolute discretion, vary or revoke an authority previously given by him under subsection (1) of this section.

Short title.

Prohibition of use of emblem of George Cross, etc. Amended by:

L.N. 4 of 1963; L.N. 46 of 1965;

LVIII. 1974. 68; XIII. 1983.5;

VIII. 1990.3;

L.N. 409 of 2007.

3. Where a company or society is guilty of a contravention ag ainst section 2, ever y director, manager, secretary and other officer of the company or society who is knowingly a party to the contravention shall be guilty of an offence against this Ordinance and liable to the like penalty.

Where offence is committed by company or society.

*See Government Notice No 410 of 3lst August 1943.

2 CAP. 115.] GEORGE CROSS (RESTRICTION OF USE)

Consent of Attorney General for prosecutions under this Ordinance. Amended by:

L.N. 46 of 1965; LVIII. 1974.68.

Prohibition of registration of trade-marks containing emblem. Amended by: L.N. 4 of 1963; XI. 1977.2. Cap. 29.

4. Proceedings under this Ordinance shall not be instituted without the consent of the Attorney General.

5. For the purposes of section 93 of the Industrial Property (P ro t ecti o n) O r di n a n ce, the Com p tr ol ler sh all not register any trade-mark containing the said emblem or words without the special authority of the Prime Minister whose decision shall be final.