Cap. 363 Art. 36Penalties for contravention of Bye-laws.

(1) Except as provided by any other law, a person who contravenes a bye-law shall be guilty of a contravention and shall be liable to the punishment of a fine (ammenda) not exceeding seventy euro (€70) and, in the case of a continuing offence, a further fine (ammenda) not exceeding fifteen euro (€15) for each day on which the offence continues after conviction:

Provided that the Minister may, from time to time, by notice in the Gazette prescribe higher penalties which in no case shall exceed a fine (ammenda) of two thousand euro (€2,000) and, in the case of a continuing offence, a further fine (ammenda) not exceeding five hundred euro (€500) for each day.

(2) Unless otherwise provided by this article, the contraventions referred to in sub-article (1) shall be deemed to be scheduled offences for the purposes of the Commissioners for Justice Act and the provisions of the said Commissioners for Justice Act shall apply to any proceedings in mutatis mutandis respect of such contraventions under this Act.

(3) A Commissioner for Justice shall, where he is to consider charges regarding any infringement of any Bye-laws, sit in the Local Tribunal established in terms of the Commissioners for Justice Act, which shall either be the administrative offices of the Council concerned or any other place so designated by the Minister after consultation with the Council.

(4) The Executive Secretary shall be the prosecutor in any such hearing and shall have the same powers assigned to the Executive Police under the Commissioners for Justice Act. Service of any summons shall be effected by the Executive Secretary in the manner provided in article 6(2) of the Commissioners for Justice Act or by the Executive Police or by a community officer as provided in sub-article (1) of the said article:

Provided that the functions of the Executive Secretary under this sub-article and under sub-article (6) may be delegated to any other person or persons as the Council may by resolution determine.

(5) The amount of any fine (ammenda) shall be due to the Council of the locality where the contravention occurs and shall be paid to the Executive Secretary.

(6) The Minister may by order in the Gazette direct that the provisions of sub-articles (2), (3), (4) and (5) shall apply to one or more of the offences listed in the Schedule to the Commissioners for Justice Act and whenever any such order is made prosecution in relation to such infringements shall be conducted by the Executive Secretary before the Commissioner for Justice who shall sit in any place as designated under sub-article (3).