Cap. 399 Art. 34Power to make regulations.

The Minister may make regulations for the better carrying out of any of the provisions of this Part and without prejudice to the generality of the aforesaid power, such regulations may in particular provide:

(a) for the manner in which radiocommunications apparatus however so described is to be installed, sold, hired, operated, maintained, protected or controlled, and in the case of any apparatus seized in accordance with articles 30 or 32, the manner as to the disposal and, or storage of any such apparatus;

(b) for the technical standards or specifications to be observed with respect to any radiocommunications apparatus;

(c) for any aspect relating to the use of radiocommunications by aircrafts and ships, including merchant ships, foreign warships and foreign military aircraft;

(d) that any person who contravenes any provision of any regulations made under this article shall either -

(i) be guilty of an offence punishable on conviction of a fine (multa) not exceeding twenty five thousand euro (€25,000), and, or five hundred euro (€500) for each day during which the offence continues; or

(ii) be guilty of an infringement punishable as an administrative penalty provided that such administrative penalties do not exceed twenty five thousand euro (€25,000) for each infringement and, or five hundred euro (€500) for each day during which such infringement continues: Provided that:

(A) the procedure for the imposition of such administrative penalties shall allow for the right to be heard to be respected before any such administrative penalties are imposed;

(B) the procedure for the imposition and contestation of such administrative penalties shall be that established in respect of administrative penalties imposed by the Authority under Part VI of the Malta

Communications Authority Act, and the relevant provisions of the said Act and of any regulations made thereunder in respect of any such procedure shall apply to administrative mutatis mutandis penalties imposed by the Minister under this Part in such a manner that any reference to the Authority shall be construed as a reference to the Minister;

(C) in all cases where the Minister or the Authority imposes an administrative penalty in respect of anything done or omitted to be done by any person and such act or omission also constitutes a criminal offence, no proceedings may be taken or continued against the said person in respect of such criminal offence;

(e) for any aspect relating to the form, substance and duration of any radiocommunications individual licence, the conditions on which such a licence is to be issued and held, the fees payable thereon and the nature and character of the apparatus authorised by the licence which a sea-going Maltese ship may be required to obtain to keep and use a radiocommunications installation;

(f) for any fees and, or charges, however so described, that may be payable in relation to any matters regulated by this Part, including the issue or renewal of any individual radiocommunications licences or authorisations however so described: Provided that the Minister may, with the concurrence of the Minister responsible for finance, reduce or remit any such fee or charge. Before doing so the Minister shall first consult the Authority;

(g) for any procedures for the out-of-court settlement of disputes that may arise, including any agreement in writing that may be entered into with a person accused of an offence under this Part, and any agreement for the payment of a fine (multa) in lieu of prosecution for an offence under this Part, this notwithstanding any provisions of this Part;

(h) for any matter that may be required for the purpose of complying with any international obligations of Malta relating to radiocommunications including those relating to standards in Malta: Provided that the Minister may, when making any regulations under this article which relate to standards, specifications or to matters of a strictly technical nature, make such regulations in the English language only.