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Cap. 485 · cap/485 (Cap. 485)

Cap. 485 Art. 3Power to make regulations.

PART II

In KraftAmtlicher Text

The Minister may make regulations for facilitating the adoption of the euro and generally for the purpose of carrying into operation any of the provisions of this Act and of the Treaty and the

Statute in respect of the adoption of the euro, and in particular, but without prejudice to the generality of the foregoing, the Minister may make regulations:

(i) to prescribe a period or periods where it shall be mandatory to display prices both in euro and in Maltese lira;

(ii) to regulate the display of prices, and the conversion of amounts appearing in invoices, receipts, statements and other similar documents, in euro at any time when the euro is not yet the currency of Malta; persons into euro;

(v) to provide for administrative procedures, penalties and, or fines, including daily fines for as long as the act or omission persists, in case of infringement of provisions or regulations made under this Act and to designate the Authority or Authorities that shall be entitled to conduct the said procedures and impose the said penalties or fines: Provided that in prescribing administrative penalties and, or fines in any regulations made under this Act, the Minister:

(a) shall in all cases provide for the right to be heard to be respected before any administrative penalty and, or fine is imposed;

(b) shall not prescribe any administrative fine that is less than six hundred and ninety-eight euro and eighty-one cents (698.81) or exceeds three thousand and four hundred and ninety-four euro and six cents (3,494.06) for any administrative infringement that may be prescribed and an administrative fine of not less than eighty-one euro and fifty-three cents (81.53) and not exceeding four hundred and sixty-five euro and eighty-seven cents (465.87) for each day during which such administrative infringement persists after notice of the said infringement has been given to the person accused of or found to have committed such infringement, as such regulations may prescribe;

(c) shall not provide for the suspension of any trading or other licence as an administrative penalty for a period in excess of fifteen days;

(d) shall in all cases, and without prejudice to the right of the Minister to reconsider the imposition of any administrative fine or penalty, provide for a right of appeal from the decision to impose an administrative penalty and, or fine to the Court of Appeal (Inferior Jurisdiction) as constituted in terms of article 41(6) of the Code of Organization and Civil Procedure subject to such procedures and fees as the Minister may prescribe:

(e) may provide for the enforcement pending appeal of any administrative penalty and, or fine subject to the power of the Court of Appeal (Inferior Jurisdiction) to suspend or vary the conditions of such enforcement;

(g) may provide for powers of search and entry into premises, for powers to demand information and for obligations to give demanded information and for the imposition, where he deems appropriate, of obligations of confidentiality in respect of information obtained;

(h) may provide for the issuing of orders for the purpose of ensuring compliance with the provisions of this Act or of any regulations made thereunder;

(i) may provide for periods of prescription in respect of administrative offences against this Act or any regulations made thereunder which may not exceed two years;

(vi) to comply with any regulation, directive, decision, recommendation or other act or direction of the European Union in respect of the euro currency;

(vii) to implement any international obligation of Malta or any international obligation which Malta intends to assume in respect of the euro currency;

(viii) to provide on any other matter related to the implementation, regulation or supervision of euro adoption.

Änderungsgeschichte
  • Amended by L.N. 427 of 2007