Cap. 424 Art. 38Offences and penalties.

(1) Any person who acts in contravention of the provisions of articles 6, 7, 17 or 18, or in contravention of any of the provisions of any regulations made under this Act, and any person who conspires or attempts, or aids, abets, counsels or procures any other person, to contravene the provisions aforementioned, shall be guilty of an offence against this Act.

(2) Any person who, in connection with any matter under this Act, or under any regulations made by virtue of this Act -

(a) furnishes any information which that person knows to be false in a material particular, or recklessly furnishes any information which is false in a material particular; or

(b) with intent to deceive, produces, furnishes, sends or otherwise makes use of any document which is false in a material particular; or

(c) wilfully refuses or without lawful excuse, the proof whereof shall lie on that person, withholds any material information; or

(d) knowingly or recklessly makes any incorrect statement or entry in any record or return or on any document kept or furnished under this Act or under any regulations made thereunder; or

(e) unlawfully refuses or fails to answer to the best of that person’s knowledge any question made to him/her by an officer in the exercise of that officer’s functions; or fails to co-operate fully with an officer in the pursuance of that officer’s duties; or

(f) unlawfully refuses or fails to comply with any requirement duly provided under this Act or under any regulations made by virtue of this Act; or

(g) hinders an officer in the performance of that officer’s duty under this Act or under any regulations made by virtue of this Act, shall be guilty of an offence against this Act or regulations made by virtue of this Act.

(3) Any person who commits an offence against this Act or regulations made by virtue of this Act, shall, on conviction, be liable to imprisonment for a period of not more than two years or to a fine (multa) of not less than four hundred and sixty-five euro and eighty-seven cents (465.87) but not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (11,646.87), or to both such fine and imprisonment; and moreover the court may, at the request of the prosecution, cancel all or any licences, warrants or permits issued to or in the name of the person found guilty in connection with the work place where the offence was committed:

Provided that no proceedings shall be taken against any person who, after receiving an intimation by the Authority for the payment of a penalty not exceeding four hundred and sixty-five euro and eighty-seven cents (465.87) for having contravened the provisions of this Act or of any regulations made by virtue of this Act, and pays such penalty to the Authority in either case within fifteen days from the date of receipt of such intimation.

(4) Notwithstanding the provisions of article 370 of the Criminal Code, proceedings for an offence against this Act shall be taken before the Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the case may be, sitting as courts of criminal judicature.

(5) In any proceedings referred to in the foregoing subarticle it shall be lawful for the Chief Executive, or any officer delegated by the said Chief Executive, to examine or cross-examine witnesses, produce evidence, make submissions in support of the charge and generally conduct the prosecution on behalf of the police, and the sworn statement of the officer that that such officer has been duly delegated for that purpose shall be conclusive evidence of that fact.

(6) Notwithstanding the provisions of the foregoing subarticle the Chief Executive or the officer deputed in accordance with subarticle (5) may be produced as witnesses but should their evidence be required as part of the case for the prosecution they shall be heard before they commence to act as provided in subarticle (5) unless the necessity of their evidence arises subsequently.

(7) Notwithstanding the provisions of the Criminal Code, the Attorney General shall always have a right of appeal from any judgement given by the Courts of Magistrates (Malta) or by the Court of Magistrates (Gozo) in respect of proceedings for any offence against this Act or any regulations made by virtue of this Act.

(8) The punishments provided in this Act shall apply unless the fact constitutes a more serious offence under the Criminal Code or any other law, in which case the provision of the Criminal Code or of such other law shall apply.

(9) Notwithstanding the provisions of the Criminal Code proceedings for an offence under this Act may be commenced at any time within six years from the commission of the offence.