Cap. 639 Art. 13Administrative penalties.       Cap. 12.      Cap. 9. Cap. 9.

(1) When the Director has reasonable cause to believe that an infringement of any provision of this Act or any regulation made thereunder has been committed by any person, and the infringing party did not comply with the conditions and, or with the time frames of the enforcement notice referred to in article 12, or when an enforcement notice could not be issued as the infringement cannot be remedied, he may order that person to be notified in writing in accordance with sub-article (2).

(2) A notice in accordance with sub-article (1) shall contain the following:

(a) the date or time periods and the circumstances in which the infringement took place;

(b) the provisions of the law providing for the infringement;

(c) a summary of the facts upon which the allegation that the infringement was committed is based, which is sufficient to fully and fairly inform the person of the allegation against him;

(d) any other matters that the Director considers relevant to the imposition of a penalty;

(e) the amount of the penalty due, and where the penalty due depends on a previous infringement, the date of such infringement; and

(f) if it so appears reasonable to the Director and without prejudice to the other provisions of the law, if applicable, the suspension for that time period, as notified, of any licence, and, or permit or any other type of authorisation in accordance with this Act or any regulations made thereunder, or by the Director under any other law, and in the notice, there shall be a written declaration that such notice is being issued under this article.

(3) When a person is served under sub-article (1) does not, after the notice is served upon him, admit the infringement and pay the amount imposed within thirty (30) days, the Director shall institute proceedings or request proceedings to be instituted before the Court in respect of the alleged infringement.

(4) When a person admits to an infringement under this article, the Director shall impose a monetary penalty on that person in respect of the infringement. The Director shall take into account any or more than one of the following criteria when determining the amount of the infringement which is to be imposed:

(a) the nature and the extent of damage caused;

(b) the intention of the offender;

(c) the economic situation of the offender; and

(d) any repetition of the violation.

(5) The penalty imposed under sub-article (4) shall be due as a civil debt enforceable by the competent court of civil jurisdiction in favour of the Government and the admission under oath by the person on whom the penalty is imposed shall constitute an executive title for the purposes of article 253 of the Code of Organization and Civil

Procedure.

(6) Notwithstanding any other provisions of this Act or any other regulations made thereunder, where an infringement has been admitted under this article, no charge may be issued in respect of such infringement against any person who registered an admission.

(7) Proceedings in respect of an infringement under this Act or any other regulation made thereunder, shall be taken before the Court of Magistrates as a court of criminal judicature and the provisions of the Criminal Code relating to criminal proceedings before such court shall, subject to the articles of this Act, apply in respect of proceedings for infringements under this Act or any other regulations made thereunder.

(8) Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal to the Court of Criminal Appeal from any judgment given by the Court of Magistrates (Malta) or the Court of Magistrates (Gozo) in respect of proceedings for any offence under this Act.

(9) Nothing in this article shall apply to any infringement in respect of which any charge has already been made.