|
|
Home
| Databases
| WorldLII
| Search
| Feedback
Maltese Laws |
MALTA FREEPORTS ACT
To provide for the establishment of a Freeport system in Malta and to regulate its operation.
20th April, 1990
ACT XXVI of 1989, as amended by Legal Notice 103 of 1995; Acts X of 1997, IV of 2001 and IV of 2003; Legal Notices 424 of 2007 and 64 of 2008; Act X of 2008; Legal Notice 346 of
2008; and Act XV of 2009.
ARRANGEMENT OF ACT
Articles | ||
Part I. | Preliminary | 1 - 2 |
Part II. | Freeports | 3 - 4 |
Part III. | Freeport Authority | 5 - 9 |
Part IV. | Licensed Companies | 10 - 14 |
Part V. | Fiscal Regime | 15 - 16 |
Part VI. | Administrative Arrangements | 17 - 22 |
Part VII. | Offences and Penalties | 23 - 27 |
SCHEDULE
PART I
PRELIMINARY
Short title. 1. The short title of this Act is the Malta Freeports Act.
Interpretation. Amended by: X. 1997.2;
IV. 2001.35; XV. 2009.52.
Cap. 281.
Cap. 386.
Cap. 337.
"A ut horit y" mean s th e Freepo r t Au tho r i t y con s ti tut e d und er article 5;
"certified public accountant and auditor" means an individual who holds a warrant to act in this capacity iss u ed under
the Accountancy Profession Act, or a partnership of such individuals duly registered under the said Act;
"company" means -
(i) any partnership constituted under the Companies Act, being a partnership en nom collectif, en commandite or a limited liability company;
(ii) a body of persons constituted or registered outside Malta, and of a nature similar to the aforesaid partnerships;
(iii) any co-operative society duly registered as such under the appropriate law for the time being in force in Malta;
"Comptroller" means the Comptroller of Customs and includes any other person having an express or implied authority to act
for the said Comptroller in carrying out the provisions of this Act;
"custom s dut y" means du ty charged or charg eab le under the
Import Duties Act;
Cap. 382. "excise laws" means the Excise Duty Act;
"Freeport" means any area of Malta comprised within a Freeport zone in accordance with the provisions of article 3;
"licensed company" means a company licensed by the Authority to operate within a Freeport under article 10;
"Minister" means the Minister responsible for Freeports;
"prescribed" means prescribed by regulation under this Act.
(2) Any reference in this Act to any law or provision thereof, shall be construed as a reference to that law or provision as from
time to time in force and shall include a reference to any enactment replacing such law or provision (including the imposition of
any taxes whatsoever analogous to or in substitution to those contained in such enactments or provisions) and to any subsidiary legislation
made thereunder.
(3) Words and expressions used in this Act with reference to another law shall, so far as necessary to give effect to this Act,
and consistently with the provisions thereof, have the same meaning as they have in the law with reference to which they are used
in this Act.
(4) Any reference in this Act to a criminal offence committed abroad, or against the law of another country other than Malta, or
to an act which if committed in Malta would be a criminal offence against the law of Malta, shall be construed as limited to offences
which are extraditable for the p u rp oses of articl e 5 o f th e Extradition Act.
(5) In this Act and in any regulations made thereunder, if there is any conflict between the English and Maltese texts, the English
text shall prevail.
Cap. 276.
PART II
FREEPORTS
(2) The Prime Minister may, by Order approved by resolution of the House of Representative s and published in the Gazette, amend
the Schedule:
Provided that no land shall be included in a Freeport unless su ch lan d shal l im m e d i ately pr ior to it s inclu s i on be hel
d by Government under title of absolute ownership, or be in the process of acquisition by Government under such title in terms of
the Land Acquisition (Public Purposes) Ordinance; and in the latter case the provisions of article 32 of the said Ordinance shall not apply:
Provi ded furt her t h at whe r e l a nd has been in clud ed in a Free port zone as a f oresaid it sh al l ve st in t h e A u t h
o r it y by operation of this Act, without the need of any further formality, under the same title under which it was held by the
Government, and where the land is still in the process of acquisition as aforesaid, the acquisition shall be continued by the Government
and on its acquisition it shall vest in the Authority by operation of this Act without the need of any further formality.
Declaration of Freeports. Amended by: XV. 2009.52.
Cap. 88.
4. (1) Except as otherwise provided in this Act, the provisions of the Disposal of Government Land Act, shall not apply to any land as defined in article 2 of the said Act when such land is situated within a Freeport.
(2) The provisions of the Carriage of Goods by Sea (Regulation) Act, shall not apply to goods landed or loaded in a Freeport.
Exemption from certain legislation. Amended by:
X. 2008.3.
Cap. 268.
Cap. 283.
PART III
Freeport Authority.
Amended by:
X. 1997.3;
XV. 2009.52.
Cap. 168.
Cap. 168.
Cap. 386.
FREEPORT AUTHORITY
5. (1) Malta Freeport Corporation Limited, a limited liability comp an y (N o. C9 35 3) reg i st ered unde r th e Commercial
Partnerships Ordinance* on the 25th day of January 1988 shall be
deemed to be constituted under this Act and shall constitute the Freepo r t Aut h o r it y, h e rein after i n th is Act referred
t o as "t he Authority".
(2) All rights and obligations of whatever nature of the said Malta Freeport Corporation Limited constitute d and registered under
the Commercial Partnerships Ordinance* as aforesaid, and all
acts done by the said company shall, after the coming into force of this article, be deemed to be rights and obligations of, and acts
done by, the Authority.
(3) It shall be the duty and function of the Authority:
(a) to administer the affairs of Freeports with a view to fostering the economic development of Malta by encouraging the
establishment of industrial and economic enterprises therein;
(b) to liaise with all Ministries and departments of Government and all bodies and other authorities established
by law in the application of the provisions of article 6(2);
(c) to advise Government on all matters relating to
Freeports;
(d) to do all such other acts as may be necessary or conducive to the attainment of any or all of the said objectives.
(4) Without prejudice to the generality of the provisions of subart icle (3), th e Mi ni ster ma y vest th e Au th ori
t y wi th such superviso r y and ex ecut ive po wers, an d may impose on th e Authority such conditions, obligations and restrictions
as to him m a y seem necessary for th e prop er and frui tful establ ishm ent , development, maintenance, operation, management,
control and conservation of Freeports.
(5) Subject to the other provisions of this Act, the Authority shall continue to be regulated by its memorandum and articles of
association, and by the Companies Act, sohowever that:
(a) the Authority shall not be dissolved or merged with another company;
(b) the Authority shall not alter its memorandum or articles of association, unless such alteration is first approved
by resolution of the House of Representatives;
(c) the Minister may by notice in the Gazette -
*Repealed by Act XXV of 1995 (Cap. 386.)
(i) designate the Authority for Transport in Malta to act as the Authority,
(ii) make such other orders, give such directions and make such provisions as appear to him necessary in connection with, or conducive
to the better conduct of, any such designation, and
(iii) amend, substitute or revoke any such order, direction or provision; and
(d) no share in the Authority shall be allotted except to the present members of the company, and no change in ownership of shares
in the Authority carrying a right to vote in a general meeting or otherwise to appoint directors shall be effected unless
such allotment or such change is authorised by a resolution of the House of Representatives.
(6) (a) The Authority shall, not later than six months after the end of each financial year, cause a copy of its audited financial statements
to be sent to the Minister and the Minister responsible for finance together with a copy of the report of the auditor or auditors
with respect to such financial statements.
(b) The Authority shall, together with the audited financial statements, make and transmit to the Minister a report
dealing generally with the activities of the Authority during the financial year containing such information relating
to the proceedings and policy of the Authority as the Minister may, from time to time, require.
(c) The Minister shall cause a copy of every such report to be laid on the Table of the House of Representatives as soon as practicable.
(7) The Authority shall afford to the Minister full facilities for obtaining information with respect to its property and activities,
and shall furnish him with returns, accounts and other information with respect thereto, and afford him facilities for the verification
of the information so furnished in such manner and at such times as the Minister may request.
(8) The Minister may, after consultation with the Authority, g i v e to th e Aut h o r it y d i recti ons of a general ch
ar act e r no t inconsistent with the provisions of this Act, and the Authority shall give effect to any such directions.
(a) do all such acts as may be necessary or conducive to the attainment of the objectives, duties and obligations of the Authority;
(b) enter into agreements with companies that seek to become licensed to operate in a Freeport;
(c) allocate by title of lease, concession or similar title
Powers of the Authority. Amended by: X. 1997.4;
X. 2008.2; XV. 2009.52.
Cap. 268.
areas, spaces, factories, wharves, and any other facility or structure which may be available in a Freeport on such terms as the
Authority determines appropriate:
Provided that the Authority may not by title of sale, perpetual emphyteusis or temporary emphyteusis for a term that exceeds, or may
be made by the grantee to exceed, fifty years, alienate any immovable property situated within a Freeport:
Provided further that the Authority may, with the approval of the Minister and in accordance with article
3(1)(a), (b), (d), (e) or (f) of the Disposal of Government Land Act, create servitudes and other similar rights over areas comprised within a Freeport zone in favour of any
land outside the Freeport Zone whenever such rights are required for the proper use of such land;
(d) exercise, perform, and discharge all such powers, duties and functions as are by or under this Act vested in or assigned
or delegated to the Authority;
(e) determine the rents, charges, dues and other levies to be paid in or in connection with any aspect of a Freeport
or of the services and facilities made available thereunder;
(f) by notice in the Gazette, make rules for the control and management of a Freeport and all activities carried on therein or connected
therewith;
(g) do all such other acts as are incidental to or consequential upon the exercise, performance and discharge
of its powers, duties, and functions under this Act.
Agreements entered into by the Authority. Amended by:
XV. 2009.52.
Provision of industrial structures, etc. Amended by: XV. 2009.52.
7. Every agreement which the Authority enters into under article 6(1)( b ) sha l l b e red u c e d to w r it in g, an d eve r y su ch agreement shall constitute a binding contract.
Provided that, without prejudice to article 6(1), immovable pro p er ty in a Fr ee po rt s h all no t b e tra n s f e rre d t o a l i ce ns e d company under any title for a term beyond the term of the licence, original or extended, of the company to which it is so transferred and that the title under which any such imm ovable property is transferred shall terminate automatically on the termination of the licence of the company to which it is so transferred.
(2) The Authority may, where it is so satisfied, release a certificate to the effect that any goods or articles which
have been transhipped through a Freeport have not suffered any manipulation in the Freeport so as to transform their identity.
(3) It shall not be lawful for any person unless a certificate has first been obtained from the Authority under the provisions
of this article to indicate in any manner that -
(a) goods or articles which have been subjected to any process or other transformation whatsoever in a Freeport have
Malta as their origin;
(b) any goods or articles transhipped through a Freeport have not suffered any manipulation in the Freeport.
Certificates of origin and of non- manipulation. Amended by:
XV. 2009.52.
PART IV
LICENSED COMPANIES
(a) the labelling, packaging, sorting, warehousing, storage, exhibition or assembly of any goods, materials,
commodities, equipment, plant or machinery; or
(b) any activity concerned solely with the conduct of a Freeport including, but not limited to, stevedoring, wharfage, operation
of terminals and container handling; or
(c) the rendering of services analogous or complementary to the activities referred to in paragraph (a),
and the status as a licensed company shall be evidenced by the issue of a licence for this purpose by the Authority.
(2) No company shall be granted a licence contemplated by this Act unless its activities are, in the opinion of the Authority,
wholly or mainly carried on or exercised within a Freeport.
(3) For the purpose of subarticle (2), the following activities carried on or exercised outside a Freeport by a licensed company
shall not be deemed to infringe the rule therein set out:
(a) the management and administration of a company, its trade, business or property and the holding thereof;
(b) the execution of instruments, transactions, negot- iations or agreements relative to a company’s trade or business;
Licensed companies. Amended by: XV. 2009.52.
(c) the transit of goods or their commodities to and from a
Freeport.
(4) The Authority shall have the exclusive right to license co mpan ies to operate i n a Free port. Licences and the relative
b e n e fit s sh all o n ly be gr anted to co mpan ies whi c h engag e in activities that advance the objectives of Freeports.
Company ceasing to be a licensed company for illegal activities.
Amended by: XV. 2009.52.
Cap. 37.
(2) All income, money or other property as is referred to in subarticle (1) shall be liable to seizure and shall be forfeited
in favour of the Authority and become its property absolutely:
Prov ided that an y perso n wi sh ing to ch al lenge an y such seizure or forfeiture may sue the Authority before the First Hall of
the Civil Court and the provisions of article 73 of the Cust oms Ordinance shall a p ply to such an ac ti on , so ho wev e r t h at a n y reference in that article to the Comptroller and to the Ordinance
shall be read and construed as a reference to the Authority and to this Act, respectively.
Goods in Freeports. Amended by: XV. 2009.52.
(2) Notwithstanding the provisions of subarticle (1) -
(a) the Government and the Authority shall have power to impose such prohibitions or restrictions as to them may seem justified
on grounds of public morality, public policy or public security, the protection of human, animal or plant health and
life, the protection of national treasures of artistic, historic or archaeological value, or the protection of
industrial or commercial property;
(b) the Authority shall have power to require that goods which are dangerous or likely to spoil other goods or which, for any
other reason whatsoever, require special facilities, be placed in premises specially equipped to receive them.
Reserved operations in Freeports. Amended by: XV. 2009.52.
Gazet te, unless the relative operations are conducted by a recognised manufacturer of the commodities.
(2) The Authority shall not allow any part of a Freeport to be utilised as a bonded store for customs duty purposes in relation
to goods which are or which will be imported into Malta but outside a Freeport.
(3) The Authority shall not issue a licence to any company unless it is satisfied that the said company is occupying, under
any title valid at law, or is being allowed by the Authority to make use of im m o va bl e pro p e r ty i n a Free po rt wh et h
e r o n i t s o w n or in conjunction with other licensed companies.
(4) The Authority may permit any person whomsoever to have access to and operate in a Freeport, even if such person cannot, for
any reason whatsoever, be a licensed company for the purposes of article 10 if, in the opinion of the Authority it would be useful,
necessary or conducive to the better development or functioning of a Freeport that such person be granted such access and be allowed
to operate in the Freeport.
(2) A licensing fee of two thousand and three hundred and twenty-five euro (2,325) shall, unless otherwise prescribed
by the Minister on or after the fifth anniversary of the enactment hereof, be payable to the Authority by every company to whom a
licence is issued pursuant to the provisions of this Act; and an annual fee of like amount shall thereafter be payable upon each
anniversary of the company being granted a licence:
Provided that no alteration to the licence fee shall have effect before the expirati on of on e y ear from the publication o f such
alteration in the Gazette.
PART V
FISCAL REGIME
Provided -
(a) such goods are imported exclusively for the con- struction, alteration, reconstruction or extension of an industrial building
or structure within a Freeport or for any extension thereof, or for the purpose of effecting repairs to such an industrial building
or structure or the extension thereof, or constitute equipment, spare parts,
Certificates and fees.
Amended by:
L.N. 424 of 2007;
XV. 2009.52.
Exemption from customs duty and the excise laws. Amended by:
X. 1997.5; XV. 2009.52.
machinery or plant, contained in any such industrial building or structure or extension thereof, or are intended to replace
any equipment, machinery or plant in any such industrial building or structure or extension thereof, and in all cases
for the purposes of the Authority or of the trade or business carried on or intended to be carried on by the company; or
(b) such goods are raw materials, components, inter- mediate products, by-products, unfinished goods, or other goods
imported for the purposes for which a company has been granted a licence by the Authority under the provisions of this Act.
(2) Every company which imports into a Freeport any goods free of customs duty under subarticle (1) shall -
(a) keep proper and sufficient records of the goods which it so imports; and
(b) permit the Authority at all reasonable times to inspect the said records and to have access to any premises of the company for
the purpose of examining any such goods which it may believe to be therein and of satisfying itself of the accuracy of
the said records.
(3) No goods imported into a Freeport by the Authority or by a licensed company free of customs duty under the provi sions of subarticle
(1) shall be sold, given away or otherwise disposed of other than to the Authority or another licensed company except -
(a) through re-export from Malta, whether in the same state as when imported, or otherwise, or, subject to such restrictions
as to importation as would be applicable had such goods been imported from outside Malta, by transfer into Malta outside
a Freeport on the payment of customs duty in accordance with the provisions of subarticle (6); or
(b) in the case of an industrial building or structure for the construction, alteration, reconstruction, extension or equipment
of which such article was imported into a Freeport to the person for whom such industrial building or structure was constructed;
or
(c) in the case of materials, components or accessories imported into a Freeport for any purpose referred to in article 10(1):
(i) if incorporated in the goods or commodities in respect of which they were imported; or
(ii) subject to such restrictions as to importation as would be applicable had such goods been imported from outside
Malta, by transfer into Malta outside a Freeport after payment of the amount of customs duty which would have been payable
upon the importation of such materials or components but for subarticle (1).
(4) When goods imported into a Freeport by the Authority or by a licensed company free of customs duty are sold, given away or
otherwise disposed of to the Authority or a licensed company in terms of subarticle (3), then such goods shall for the purposes of
this Act be deemed to have been imported by the Authority or by the com p an y to which they are sold, given away or otherwise disposed
of.
(5) Subject to such conditions and the giving of such security as he may determine, the Comptroller shall -
(a) allow any goods destined for a Freeport to be landed in
Malta free of customs duty:
Provided that in all cases, the said goods shall (unless otherwise permitted by the Comptroller) be transferred into
the Freeport within seven working days of having been landed;
(b) allow the transit of any goods destined for export from a Freeport to any port or airport in Malta without levying customs
duty thereon:
Provided that the said goods shall (unless otherwise permitted by the Comptroller) be loaded on a ship or aircraft within
seven working days of having exited from the Freeport.
(6) Whenever any goods which have entered a Freeport free of customs duty in accordance with the provisions of this article are
transferred out of a Freeport and remain in Malta otherwise than for the purpose contemplated in subarticle (5)(b) or, if owned by the Authority, for use by the Authority in pursuance of its duties or functions hereunder outside a Freeport, such
goods shall as soon as so transferred be deemed to have been imported into Malta and subject to customs duty under the relative
provisions of the Import Duties Act where applicable:
Pro v ided that in the case of any good s which have b e en processed in a Freeport and qualify for certification as having been made
in Malta pursuant to the provisions of article 9, the nature of the goods, the value and the quantity to be taken in consideration
in determining customs duty shall, at the request of the person liable to pay duty, be those which would be taken into account had
the goods not been processed as aforesaid.
(7) Where customs duty has been paid in respect of any goods upon their importation into Malta, no claim for refund of such duty
shall be competent solely on the grounds that such goods are later transferred into a Freeport.
(8) The excise laws shall not apply to any goods produced in a Freeport unless such goods are entered for consumption in Malta
outside a Freeport.
Cap. 337.
Safeguards for customs and excise duties.
Amended by:
L.N. 424 of 2007;
XV. 2009.52.
and in every such matter the Authority shall conform with any requirements of the Comptroller in respect thereof, unless
the Prime Minister otherwise directs.
(2) Any person entering a Freeport from any place in Malta ou tsid e a Freeport zone or leaving a Freeport other than to a destin
atio n o u t s ide Malta wit h an y g ood s shall answer such questions as the Comptroller may put to him with respect to the said
goods and shall, if required by the said Comptroller, produce those goods for examination at such place as the Comptroller may direct.
(3) At the time when a vehicle is entering or leaving a Freeport the Comptroller may board the vehicle and search any part of it.
(4) The Authority shall not permit any person to take up residence within a Freeport.
(5) The Authority may deny access to a Freeport to any person who does not provide such guarantees as it may deem necessary regarding
the proper application of any rules, regulations or orders in respect thereof.
(6) Every licensed company shall make available to the Au th ori t y su ch record s i n wr it in g relati ng t o
th e g o o d s it is importing or will be importing into a Freeport as may be necessary to identify their nature, quantity and country
of origin, consignment or destination, which records shall be available for inspection by the Comptroller.
(7) The Minister may, with the advice of the Authority, by regulations published in the Gazette, make provision with respect
to the movement of goods into, and the removal of goods from any Freeport, an d the k eep ing, secu ring and th e treatm en t of
good s which are within a Freeport.
(8) Without prejudice to the generality of subarticle (7), regulations made thereunder may make provisions -
(a) permitting goods in a Freeport to be destroyed without payment of customs or excise duties, in such circumstances
and subject to such conditions as the Authority may determine;
(b) requiring that specified operations within a Freeport are to be carried out in such manner and subject to such restrictions
as may be imposed by or under the regulations;
(c) establishing the penalty which may be imposed by any court in the event of non-compliance with any conditions
or restrictions imposed in virtue of paragraph (b):
Provided such penalty shall not exceed a fine (multa) of eleven thousand and five hundred euro (11,500) together with the forfeiture of the goods to which the offence refers;
(d) specifying the information to be given to the Authority in respect of goods imported into a Freeport and the form in which,
persons by whom, and time within which, such information must be given.
PART VI
ADMINISTRATIVE ARRANGEMENTS
(a) proper and sufficient records and accounts, including appropriate supporting documentation, have been maintained for
the relative period, by the relative licensed company;
(b) separate accounts have been kept as may be necessary to identify and quantify the exemption or benefit;
(c) such computations, returns, statements, particulars or documents as may be necessary to establish clearly the entitlement to an
exemption or benefit are submitted as appropriate, including submission to the Authority.
(2) No claim, statement, account or document whatsoever that is in any w a y connected with the entit lement or presum ed entitlement
to any exemption or benefit contemplated under the provisions of this Act shall be considered or taken into account unless certified
by a certified public accountant and auditor to the same effect that the balance sheet and profit and loss account of a company are
to be certified under the provisions of the Companies Act, and for the purposes of this subarticle the provisions of articles 179 and 181 of the said Act shall apply.
Records and certification. Amended by: X. 1997.8; XV. 2009.52.
Cap. 386.
(a) furnish to the Authority and to any other authority such information, accounts, statements and other documents
which the Authority or that other authority may deem to be necessary for the purposes of this Act;
(b) attend or send a representative to attend before the
Authority or other authority and answer any question
Information required by the Authority. Amended by: XV. 2009.52.
lawfully made in connection therewith;
(c) provide the Authority or other authority with reasonable access to all premises, places, books and other documents,
and allow copies to be made thereof.
Revocation for non-compliance. Amended by:
XV. 2009.52.
(a) to comply or cause compliance with such conditions or to terminate any activity inconsistent with a Freeport; or
(b) to establish to the satisfaction of the Authority that failure to comply or cause compliance with such conditions,
was due to some cause beyond its control and that there are actual prospects of complying or causing compliance with such
conditions, within such time as the Authority may consider reasonable.
(2) Where a company establishes to the satisfaction of the Authority that failure to comply or cause compliance with any
conditions attached to the grant of any incentive or benefit under this Act was due to some cause beyond its control, and that there
are actual prospects of complying or causing compliance with such conditions within a reasonable time, the Authority may authorise
such reasonable postponement for the purpose of compliance with such conditions, as it thinks fit.
(3) Where a licensed company -
(a) having been required so to do by notice under subarticle (1), fails to establish to the satisfaction of the
Authority that its failure to comply or cause compliance with any conditions attached to the grant of any exemption or other
benefit was due to some cause beyond its control and that there are actual prospects of complying or causing compliance
with such conditions within a reasonable time; or
(b) having been allowed a postponement under subarticle (2) of this article, fails within the period of such postponement
to comply or cause compliance with such conditions,
the Authority may revoke any exemption or other benefit granted to the company under this Act, and such revocation shall be operative
from such date as may be determined by the Authority.
(4) Where the grant of any exemption or other benefit to a licensed company under this Act is revoked in accordance with
the p r ovi si ons of th is art i cle, su ch company shall pay to the Government or to the Author ity, as the case may be , any sum
s which it would have paid to the Government or the Authority but
for the provisions of this Act.
(a) revoke any licence granted under article 10; or
(b) revoke any grant or exemption or other benefit under this Act,
unless the company in question has -
(a) been notified in writing of the action the Authority proposes to take; and
(b) has had an opportunity for a hearing before the
Authority.
(2) Any dispute relating to the interpretation of the provisions of any agreement under this Act or the right of any party under
this Act or the exercise by the Authority of any powers vested in it by this Act (except for the matters contemplated in articles
8, 9, 10 and
1 3 ) shall, u n less the part ies ag ree otherwise, be referred for arbitration and settlement to the Appeals Board constituted under
article 28 of the Business Promotion Act:
Provided that no appeal shall lie from any award made by the said Board:
Provided further that proceedings before the Board shall be regulated, mutatis mutandis, as if reference under this article were an appeal filed to the Board under the said Act.
(3) Except for the purpose or in execution of a judgment given in pursuance of any action mentioned in subarticle (5), no property
of any kind belonging to a licensed company shall be subject to any precautionary or executive act or warrant as is mentioned in
the Code of Organization and Civil Procedure.
(4) No director or other officer of any licensed company, and no perso n bein g a mem ber o f or hav ing an int erest in any
such company, shall be subject to any precautionary or executive act or warrant as aforesaid in respect of any obligation or other
liability of the company.
(5) An action referred to in subarticle (3) is either-
(a) an action for the enforcement of an obligation or other liability of the company; or
(b) an action for the recovery of any property acquired or held by the company, or otherwise in its possession or control, and
originating from any transaction, operation or activity referred to in article 11(2).
(6) Notwithstanding the foregoing provisions of this article, no warrant or other act shall be issued by the court unless the applicant
first satisfies the court that the warrant or other act may be issued under this article.
Procedure regarding disputes. Amended by:
XV. 2009.52.
Cap. 325.
Cap. 12.
Observance of the principles of good administrative behaviour.
Added by:
L.N. 346 of 2008.
Amended by:
XV. 2009.52.
Cap. 325.
Cap. 490.
21. The Appeals Board constituted under article 28 of the Business Promotion Act shall respect and apply the principles of good admini s trative behavi our laid do wn in article 3 of th e Administrative Justice Act.
Power to make regulations. Amended by: XV. 2009.52.
(2) Regulations made by the Minister or rules made by the Authority, as the case may be, under any of the provisions of
this Act may be made in the English language only.
PART VII
Penalty for making incorrect statements, etc. Amended by:
L.N. 424 of 2007; XV. 2009.52.
Provisions relating to fraud, etc. Amended by:
L.N. 424 of 2007; XV. 2009.52.
OFFENCES AND PENALTIES
23. Any person who, without reasonable excuse, prepares any incorrect statement or gives any incorrect information in relation to any matter or thing falling under this Act, shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) of not less than one thousand and one hundred and fifty euro (1,150) and not exceeding eleven thousand and five hundred euro (11,500).
(a) omits from a return or any other document or statement made, prepared or submitted for the purposes
of or under this Act, any matter which should be included therein; or
(b) makes any false statement or entry in any return or other document or statement prepared or submitted for the purposes of or under
this Act; or
(c) gives any false answer, whether verbally or in writing to any question or request for information asked or made in accordance
with the provisions of this Act; or
(d) prepares or maintains or authorises the preparation or maintenance of any false books of account or other records or falsifies
or authorises the falsification of any books of account or records; or
(e) makes use of any fraud, art or contrivance whatever or authorises the use of any such fraud, art or contrivance,
shall be guilty of an offence, and shall for each such offence be liable, on conviction, to a fine (multa) of not less than two thousand
and three hundred and twenty-five euro (2,325) and not exceeding twenty-three thousand and two hundred and fifty euro (23,250) or
to imprisonment for any term not exceeding two years, or to both such fine and imprisonment.
25. If any person contravenes or fails to comply with any of the requirements of this Act or of any regulations made thereunder, in respect
of which no special punishment is provided, such person shall be guilty of an offence and shall for each such offence be liable,
on conviction, to a fine (multa) of not less than two hundred an d thirty euro (230 ) and no t mo re than on e thousand and o n e hundred and fifty euro (1,150).
General penalty.
Amended by:
L.N. 424 of 2007;
XV. 2009.52.
Provision with respect to offences. Amended by:
XV. 2009.52.
Prescription for proceedings. Amended by: XV. 2009.52.
Substituted by: L.N. 103 of 1995; L.N. 64 of 2008.
SCHEDULE
[ARTICLE 3])
WorldLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.worldlii.org/mt/legis/laws/mfa334c302