Cap. 585 Art. 21Penalties.   Cap. 9. Cap. 9.   Cap. 9. Cap. 9.

(1) Any person who fails to comply with the provisions of this Act, or any regulations made thereunder shall be guilty of an offence and shall be subject to the penalties established by this Act and any applicable regulations.

(2) Any person who acts in contravention of the provisions of articles 5, 6, 7, 8, 15, 16, 18, 19, 20, 25, 28, 34, 35, 37, 38, 39, 40, 45, 47, 49, 53, 54 or 55 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.

(3) 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 particular detail, or recklessly furnishes any information which is false in a particular detail; or

(b) with intent to deceive, produce, furnish, send or otherwise make use of any document which is false in a particular detail; 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 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.

(4) Except in the case of article 39, 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 five hundred euro (€500) but not exceeding twelve thousand euro (€12,000), 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 workplace where the offence was committed:

Provided that no proceedings shall be taken against any person who, after receiving an intimation by the Commission for the payment of a penalty not exceeding five hundred euro (€500) for having contravened the provisions of this Act or of any regulations made by virtue of this Act, pays such penalty to the Commission in either case within fifteen days from the date of receipt of such intimation.

(5) Any person who commits an offence against article 39 or acts listed in articles 57 and 59 shall be punishable with imprisonment for a period of two (2) years but not exceeding five (5) years, and, or a fine (multa) not exceeding five hundred thousand euro (€500,000).

(6) 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.

(7) In criminal proceedings instituted by the Police before the Court of Magistrates for an offence against the provisions of this Act, the Executive Secretary may assist the Police in the conduct of the prosecution and in the production of the evidence.

(8) The Executive Secretary or any officer deputed by him for the purposes of sub-article (5) may nevertheless be produced as a witness but should his evidence be required as part of the case for the prosecution, his evidence shall be heard before that of any other witness for the prosecution unless the necessity of his evidence arises subsequently.

(9) 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.

(10) 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.

(11) 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.