Cap. 477 Art. 30Construction of laws, etc. destruction or damage of public records.

Subject to the provisions of this Act, all laws, rules, regulations, orders, judgements, decrees, wards, deeds, bonds, contracts, agreements, instruments, documents, warrants and other arrangements, subsisting immediately before the date of the coming into force of this Part of this Act affecting or relating to any of the properties or undertakings transferred to the National Archives by or under this Act shall have full force and effect against or in favour of the National Archives, and shall be enforceable freely and effectually, as if instead of the Government or governmental authority the National Archives had been named therein or had been a party thereto, and otherwise in substitution of the Government or governmental authority.

(a) receives or retains any public record knowing that it has been illegally removed in Malta or illegally exported from any other country; or

(b) hinders, obstructs, molests or interferes with, or attempts to hinder, obstruct, molest or interfere with, any officer or employee of the National Archives or any police officer in the execution of duties provided for under this Act, or fails to comply with any lawful order by any such officer or employee or police officer as aforesaid, or knowingly furnishes such officers or employees with false information or neglects or refuses to give any information required by or under this Act, shall be guilty of an offence against this Act and shall be liable, on conviction, to a fine (multa) of not less than four hundred and sixty-five euro and eighty-seven cents (465.87) and not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (11,646.87), or to imprisonment for a term not exceeding three years, or to both such fine and imprisonment: Provided that, subject to the above maximum, the minimum fine to which an offender shall become liable under this (multa) article shall not be less than the value of any work that might be required to remedy the effects of the offence.

(2) The Court, besides awarding the punishment referred to in this article, may order the convicted offender to remove the causes of the offence and to undo anything which was done without the authorisation required under this Act, within a time sufficient for the purpose and, if the offender fails to comply with any such order within the time so fixed, he shall be liable to a further fine (multa) of not less than fifty-eight euro and twenty-three cents (58.23) and not more than one hundred and sixteen euro and forty-seven cents (116.47), as the court may fix, for every day during which the default continues after the expiration of the said time.

(3) Any public record which has been or which may be removed without proper authorisation under this Act, may be reclaimed by the National Archives.

Part VII Miscellaneous