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MALTA COMMUNICATIONS AUTHORITY [ CAP. 418. 1 CHAPTER 418 MALTA COMMUNICATIONS AUTHORITY ACT Amended by: VII. 2004.3. To provide for the establishment of an Authority to be known as the Malta Communications Authority and for the exercise by or on behalf of that Authority of regulatory functions regarding electronic communications, certain aspects of data protection in electronic communication, postal services, electronic commerce and similar areas in the field of communications and to make provision with respect to matters ancillary thereto or connected therewith. 1st August, 2000 ACT XVIII of 2000, as amended by Acts VII of 2004 and XIII of 2005; Legal Notice 426 of 2007; Acts XXX of 2007, XII of 2010 and IX of 2011; and Legal Notice 180 of 2012. PART I PRELIMINARY Title. 1. The short title of this Act is the Malta Communications Authority Act. Interpretation. Amended by: VII. 2004.4; XIII. 2005.63; XXX. 2007.38; XII. 2010.12; IX. 2011.43; L.N. 180 of 2012. 2. In this Act, unless the context otherwise requires - "advisory committee" or "committee" means an advisory committee established in accordance with article 28 of this Act; "this Act" means the Malta Communications Authority Act, and includes any regulations made thereunder unless the context otherwise requires; "authorization" means any authorization including any general authorization, licence, right to use or permit, however so described, that a person may hold or be granted under any law which the Authority is entitled to enforce or administer; "Authority” means the Malta Communications Authority established by article 3 and any references in this Act or any other law to the Authority shall, unless the context otherwise requires, be construed as including a reference to any person authorised by the Authority to act for or on its behalf; "BEREC" means the Body of European Regulators for Electronic Communications; "Chairman" means Chairman of the Authority and includes, in the circumstances mentioned in article 3(3), the Deputy Chairman or other person appointed to act as Chairman: Provided that, in relation to article 28, "Chairman" means the Chairman of an advisory committee; "communications" includes electronic communications, postal services, data protection in electronic communications, electronic commerce and such other matters as the Minister may by Order from time to time prescribe; "contractor" means a person acting in pursuance of an agreement
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CHAPTER 418

Dec 30, 2021

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Page 1: CHAPTER 418

MALTA COMMUNICATIONS AUTHORITY [CAP. 418. 1

CHAPTER 418

MALTA COMMUNICATIONS AUTHORITY ACTAmended by:VII. 2004.3.

To provide for the establishment of an Authority to be known as theMalta Communications Authority and for the exercise by or on behalf ofthat Authority of regulatory functions regarding electroniccommunications, certain aspects of data protection in electroniccommunication, postal services, electronic commerce and similar areas inthe field of communications and to make provision with respect to mattersancillary thereto or connected therewith.

1st August, 2000ACT XVIII of 2000, as amended by Acts VII of 2004 and XIII of 2005;

Legal Notice 426 of 2007; Acts XXX of 2007, XII of 2010 and IX of 2011;and Legal Notice 180 of 2012.

PART I PRELIMINARY

Title.1. The short title of this Act is the Malta CommunicationsAuthority Act.

Interpretation.Amended by:VII. 2004.4;XIII. 2005.63;XXX. 2007.38;XII. 2010.12;IX. 2011.43;L.N. 180 of 2012.

2. In this Act, unless the context otherwise requires -"advisory committee" or "commit tee" means an advisory

committee established in accordance with article 28 of this Act; "this Act" means the Malta Communications Authority Act, and

includes any regulations made thereunder unless the contextotherwise requires;

"authorization" means any authorization including any generalauthorization, licence, right to use or permit, however so described,that a person may hold or be granted under any law which theAuthority is entitled to enforce or administer;

"Authori ty” means the Malta Communicat ions Authori tyestablished by article 3 and any references in this Act or any otherlaw to the Authority shall, unless the context otherwise requires, beconstrued as including a reference to any person authorised by theAuthority to act for or on its behalf;

"BEREC" means the Body of European Regulators for ElectronicCommunications;

"Chairman" means Chairman of the Authority and includes, inthe circumstances mentioned in article 3(3), the Deputy Chairmanor other person appointed to act as Chairman:

Provided that, in relation to article 28, "Chairman" meansthe Chairman of an advisory committee;

"communications" includes electronic communications, postalservices, data protection in electronic communications, electroniccommerce and such other matters as the Minister may by Orderfrom time to time prescribe;

"contractor" means a person acting in pursuance of an agreement

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2 [CAP. 418. MALTA COMMUNICATIONS AUTHORITY

entered into with the Authority or in accordance with article 5(5);"decision" includes any directive, determination, direction,

licence condition, measure, requirement or specification howeverso described made by the Authority and the word "decision" shallbe construed accordingly;

"directive" means a directive issued by the Authority in terms ofarticle 4;

"Director General" means the Director General appointed underarticle 5;

"Directorates" means such directorates as are or may beestablished under article 5;

"employee" means a person employed by the Authority;"end-user" means any person other than an undertaking who uses

or requests a communications service;"European Electronic Communications Directives" means

Directive 2002/21/EC of the European Parliament and of theCouncil of 7 March 2002 on a common regulatory framework forelectronic communications networks and services (FrameworkDirective); Directive 2002/20/EC on the authorisation of electroniccommunications networks and services (Authorisation Directive),Directive 2002/19/EC on access to, and interconnection of,electronic communications networks and associated facilities(Access Directive), Directive 2002/22/EC on universal service anduser’s rights relating to electronic communications networks andservices (Universal Service Directive) and Directive 2002/58/EC ofthe European Parliament and of the Council of 12 July 2002concerning the processing of personal data and the protection ofprivacy in the electronic communicat ions sector (ePrivacyDirective) as may be amended from time to time;

"financial year" means any period of twelve months ending onthe 31st December, so however that the Minister may, afterconsultation with the Authority, vary such date;

"harmful interference" means interference which endangers thefunctioning of a radio navigation service or of other safety servicesor which otherwise seriously degrades, obstructs or repeatedlyinterrupts a radio communications service operating in accordancewith the applicable international, European Union or nationalregulations;

"Member State" means a Member State of the European Union;"Minister" means the Minister responsible for communications;"public officer" in relation to article 11, has the same meaning

assigned to it by article 124 of the Constitution but does not includea judge of the Superior Courts or a magistrate of the InferiorCourts;

Cap. 490."Tr ibuna l" means the Admin is t ra t ive Rev iew Tr ibuna l

established by article 5 of the Administrative Justice Act;"undertaking" means a person providing or authorised to provide

communications networks and, or services and, or associated

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MALTA COMMUNICATIONS AUTHORITY [CAP. 418. 3

facilities;" u s e r " i n c l u d e s a n y p e r s o n w h o u s e s o r r e q u e s t s a n y

communications service.

PART II ESTABLISHMENT, FUNCTIONS AND CONDUCT OF

AFFAIRS OF THE AUTHORITY

Establishment and composition of the Malta Communications Authority.Amended by:IX. 2011.44.

3. (1) There shall be a body, to be known as the MaltaCommunications Authority, which shall consist of a Chairman andnot less than four and not more than six other members.

(2) The members of the Authority shall be appointed by theMinister for a term of one year or for such longer period as may bespecified in the instrument of appointment subject to a maximum ofthree years but the members so appointed may be re-appointed onthe expiration of their term of office.

(3) The Minister may designate one of the other members ofthe Authority as Deputy Chairman and the member so designatedshall have all the powers and perform all the functions of theChairman during his absence or inability to act as Chairman orwhile the Chairman is on vacation or during any vacancy in theoffice of chairman, and the Minister may also, in any of thecircumstances aforesaid, appoint another person to act as chairmanand in such case the foregoing provisions shall apply in respect ofsuch person.

(4) A person shall not be qualified to hold office as a memberof the Authority if he -

(a) is a Minister, Parliamentary Secretary or a member ofthe House of Representatives; or

(b) is a judge or magistrate of the courts of justice;(c) has a financial or other interest in any enterprise or

activity which is likely to affect the discharge of hisfunctions as a member of the Authority:

Provided that the Minister may waive thedisqualification of a person under this paragraph ifsuch person declares the interest and such declarationand waiver are published in the Gazette.

(5) Subject to the provisions of this article, the office of amember of the Authority shall become vacant -

(a) at the expiration of his term of office; or (b) if any circumstances arise that, if he were not a

member of the Authority, would cause him to bedisqualified for appointment as such.

(6) A member of the Authority may be removed from office bythe Minister if, in the opinion of the Minister, such member is unfitto cont inue in off ice or has become incapable of proper lyperforming his duties as a member:

Provided that in the event that the Minister removes theChairman from office, such removal shall be made public by no

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later than the effective date of removal from office. At the sametime, the Minister shall provide the Chairman with a statement ofreasons for his removal:

Provided further that a Chairman who is removed fromoffice shall have the r ight to request the publication of thestatement of reasons for his removal, in which case the Ministershall publish the statement.

(7) If a member resigns or if the office of a member of theAuthority is otherwise vacant or if a member is for any reasonunable to perform the functions of his office, the Minister mayappoint a person who is qualified to be appointed to be a member tobe a temporary member of the Authority; and any person soappointed shall, subject to the provisions of subarticles (5) and (6),cease to be such a member when a person has been appointed to fillthe vacancy or, as the case may be, when the member who wasunable to perform the functions of his office resumes thosefunctions.

(8) Any member of the Authority who has any direct or indirectinterest in any contract made or proposed to be made by theAuthority, not being an interest which disqualifies such memberfrom remaining a member, shall disclose the nature of his interestat the first meeting of the Authority after the relevant facts havecome to his knowledge, such disclosure shall then be recorded inthe minutes of the Authority, and the member having an interest asaforesaid shall withdraw from any meetings at which such contractis discussed. Any such disclosure shall be communicated to theMinister without delay. Where the interest of the member is such asto disqualify him from remaining a member, he shall report the factimmediately to the Minister and tender his resignation.

Purpose, functions and powers of the Authority.Amended by:VII. 2004.6;L.N. 426 of 2007;XXX. 2007.39;IX. 2011.45.

4. (1) It shall be a purpose of the Authority to -(a) ensure freedom of communication and that

communications shall not be limited except when thisis necessary for any of the following reasons:

(i) the protection of the right to privacy; (ii) the defence of national security, territorial

integrity or public safety; (iii) the prevention of disorder or crime; (iv) the protection of public health; (v) the protection of morals and respect for the

dignity of the human person; (vi) the protection of the rights and freedoms of

others;(vii) the prevention of the disclosure of information

received in confidence; (viii) the maintenance of the authority and impartiality

of the judiciary; (ix) the technical constraints inherent in the means of

communication; (b) ensure non-discrimination and equality of treatment in

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MALTA COMMUNICATIONS AUTHORITY [CAP. 418. 5

matters related to communications. (2) It shall in particular be the duty of the Authority to exercise

such regulatory functions in the field of communications, as mayfrom time to time be assigned to the Authority by or under an Actof Parliament.

(3) The Authority shall also, in accordance with the laws it isentitled to enforce -

(a) regulate, monitor and keep under review all practices,operations and activities relating to any matterregulated by or under this Act;

(b) grant any licence, permit or other authorisation, for thecarrying out of any operation or activity relating to anymatter regulated by or under this Act;

(c) regulate and secure interconnectivity for theproduction, transmission and distribution of theservices, products, operations or activities relating toany matter regulated by or under this Act;

(d) ensure fair competition in all such services, products,operations and activities;

(e) establish minimum quality and security standards forany of the said services, products, operations andactivities and to regulate such measures as may benecessary to ensure public and private safety;

(f) secure and regulate the development and maintenanceof efficient communication systems in order to satisfy,as economically as possible, all reasonable demandsfor the provision of the services, products, operationsor activities relating to any matter regulated by orunder this Act;

(g) carry out studies, research or investigation relating toany matter regulated by or under this Act;

(h) provide information and issue guidelines to the publicand to commercial entities relating to any matterregulated by or under this Act;

(i) regulate the price structure for any activity regulatedby or under this Act and where appropriate to establishthe mechanisms whereby the price to be charged forthe services, products, operations or activities isdetermined;

(j) establish the minimum qualifications to be possessedby any person who is engaged or employed in anyactivity regulated by or under this Act;

(k) establish measures for the protection of theenvironment in the provision of the services, products,operations or activities relating to any matter regulatedby or under this Act;

(l) ensure that international obligations entered into byMalta relative to matters regulated by or under this Actare complied with;

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(m) advise the Minister on the formulation of policy inrelation to matters regulated by or under this Act, andin particular in relation to such internationalobligations;

(n) otherwise to advise the Minister on any matterconnected with its functions under this or any otherAct;

(o) formulate and implement the policies and strategieswith short-term and long-term objectives in relation tothe matters connected with its functions under this orany other Act;

(p) encourage the provision of communications services inMalta and enable persons providing communicationsservices in Malta to compete effectively in theprovision of such services outside Malta;

(q) encourage users of communications services toestablish places of business in Malta;

(r) promote the interests and rights of all users in Malta,including disabled end-users, elderly end-users, andend-users with special social needs, especially inrespect of the prices charged for, and the quality andvariety of the said services;

(s) perform such other functions, including functionsaimed at promoting the information society, as mayfrom time to time be assigned to it by the Minister.

(4) It shall be the duty of the Authority to carry out itsfunctions as established by or under this Act or any other law in animpart ial and transparent and t imely manner and to ensurecompliance therewith, and without prejudice to the generality ofthe foregoing, to ensure that persons providing any services,products, operations and activities in or from Malta relating to anymatter regulated by the Authority, comply with this Act and withany other law which the Authority is entitled to enforce, and withany decisions issued by or under this Act or any such other law.

(5) The Authority shall also have such other functions,responsibilities and powers as are set out by or under this Act or asmay be assigned to it by or under any other law including all suchpowers as are necessary for or incidental to the performance of itsfunctions by or under this Act or any other law. The Authority shallin the carrying out of its functions seek to ensure that the measurestaken are proportionate having regard also to the objectives of theAuthority.

Issue of directives by the Authority.

(6) The Authority may issue such directives as it may considerto be necessary for the carrying into effect of or compliance withany of the provisions of this Act, or of any other law which theAuthority is entitled to enforce, or any decisions that the Authoritymay make in accordance with its functions under this Act or anyother law and it may amend or revoke such directives.

(7) Any directive issued by the Authority in accordance withthis article and any amendment or revocation thereof shall be in

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MALTA COMMUNICATIONS AUTHORITY [CAP. 418. 7

writing, state the reasons on which it is based and shall be notifiedto the person concerned. The Authority may also publish any suchdirective in such manner as it may consider appropriate in thecircumstances due account being taken of the importance of thedirective and its impact on the market.

Cooperation with the competent authorities responsible for competition issues and consumer affairs, etc.

(8) The Authority shall, where it considers appropriate, consultwith the various competent authorities responsible for competitionissues and consumer affairs and for such other areas as may impacton the sectors regulated by the Authority on matters of commoninterest in connection with the application of this Act and of anyother law which the Authority is entitled to enforce.

(9) The Authority on the one hand and the competentauthorities responsible for competition issues and consumer affairson the other shal l provide each other wi th the informationnecessary for the application of the provisions of this Act, and ofany other law relating to competition issues and, or consumeraffairs, which information shall be provided within an appropriatetimeframe taking into consideration the particular circumstances ofthe issues involved. In respect of the information exchanged, thereceiving authority shall ensure the same level of confidentiality asthe originating authority.

Provision of information.

(10) Without prejudice to the enforcement powers that it has atlaw, the Authority may require any person to provide it with anyinformation, including financial information, that the Authorityconsiders necessary for the purpose of ensuring compliance withthe provisions of, or decisions or directives made in accordancewith this Act or any other law which the Authority is entitled toenforce.

(11) Any information required by the Authority under subarticle(10) shall be proportionate to the performance of its functions andobligations under this Act and in requiring any information asaforesaid, the Authority shall state why it requires the informationrequested.

(12) A person who is notified with a requirement undersubarticle (10) shall comply promptly with the requirement withinthe timescales and according to any level of detail as may berequired by the Authority:

Provided that any such person shall, in complying with theprovisions of this subarticle, state clearly to the Authority if anyinformation provided by him is to be considered as confidential forcommercial reasons. In doing so he shall give his reasons to theAuthority. It shall be the Authority which shall decide whether theinformation indicated to it as being confidential should be sotreated:

Provided further that the provisions of this subarticlerelating to confidentiality shall apply to any information providedto the Authority for whatever reason whether under this Act or anyother law the Authority is entitled to enforce.

(13) Any person who fails or refuses to comply with arequirement under subarticle (10) shall commit an infringement ofthis Act and shall be liable to the imposition of an administrative

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fine by the Authority not exceeding the sum of eleven thousand andsix hundred and forty-five euro (11,645) and, or two hundred andthirty euro (230) for each day during which failure to complypersists.

Publication of information.

(14) The Authority shall, subject to the protection of anyinformation which it considers confidential, publish from time totime such information as would, in the opinion of the Authority,contribute to an open and competitive market.

Consultation and transparency mechanism.Added by:XII. 2010.13.Amended by:IX. 2011.46.

4A. (1) Except in relation to -(a) any dispute or complaint however so described being

dealt with in accordance with this Act or any other lawwhich the Authority is entitled to enforce; or

(b) the exercise of any enforcement powers of theAuthority under this Act, or under any other law whichthe Authority is entitled to enforce; or

(c) cases where the Authority considers that there is anurgent need to act to safeguard competition and protectthe interests of users in accordance with EuropeanUnion law,

where the Authority intends to take a decision in accordance withany law which it is entitled to enforce, and which decision has asignificant impact in a market for any communications networks orservices, it shall make available to interested parties, a statement ofthe proposed decision and give such parties the opportunity tocomment on the proposed decision within a period which theAuthority considers reasonable.

(2) Where the Authority intends to take a decision on issuesrelated to end-user and, or consumer rights, in particular wheresuch decision has a significant impact on the market for anycommunications networks and, or services, the Authority shallensure that in carrying out the consultation mechanism referred toin subarticle (1), as far as is appropriate for the purposes of itsfunctions under this Act or any other legislation the Authority isentitled to enforce, it shall take into account the views of end-usersand of consumers in particular disabled end-users, manufacturersand undertakings that provide communications networks and, orservices.

(3) The Authority shall publish its consultation procedures andshall establish a single information point through which all currentconsultations can be assessed.

(4) The result of any consultations under this article shall bemade publicly available by the Authority through such means as theAuthority considers appropriate in the circumstances, except in thecase o f i n fo rma t ion which the Au thor i ty cons ide r s t o beconfidential.

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MALTA COMMUNICATIONS AUTHORITY [CAP. 418. 9

Conduct of the affairs of the Authority.Amended by:VII. 2004.5;XXX. 2007.40;IX. 2011.47.

5. (1) Subject to the other provisions of this Act the affairsand business of the Authority shall be the responsibility of theAuthority itself but save as aforesaid, the executive conduct of theA u t h o r i t y, i t s a d m i n i s t r a t i o n a n d o rg a n i s a t i o n a n d t h eadministrative control of its officers and employees, shall be theresponsibility of the Director General of the Authority, who shallalso have such other powers as may from time to time be delegatedto him by the Authority.

(2) There shall be established the Directorates as listed in theSchedule to this Act, which shall have the responsibilities asdescribed therein. The Minister may, after consulting the Authority,by Order in the Gazette, abolish any one or more of the saidDirectorates vary their responsibilities and establish such otherDirectorate as he may from time to time deem appropriate.

(3) The Authority shall exercise its functions through theDirectorates so established and for such purpose it shall vest ineach of the Directorates so established and subject to the overallsupervision and control of the Director General, such of i tsfunctions as relate or are ancillary to the matters for which it isresponsible so as to enable the said Directorate to give effect to thepolicies of the Authority and to otherwise discharge effectively andefficiently the functions of the Authority in its respective area ofoperation.

(4) Each of the Directorates so established shall be headed bya person who shall either be a public officer detailed for duty withthe Authority or an employee of the Authority or a person detailedto work for the Authority in accordance with an agreement madebetween the Authority and a public or private undertaking, in eithercase having adequate experience or knowledge in his respectivearea of operation.

(5) The Authority and each of the Directorates may exerciseany one or more of their functions either directly or through any oftheir officers or employees or through an agency authorised for thepurpose, or through a contractor or other person with whom anagreement for the performance of any one or more of suchfunctions has been entered into:

Provided that nothing in this subarticle shall authorise theAuthori ty to contract out any of i ts regulatory or l icensingfunctions.

(6) Where in this Act anything is to be done by or against orwith respect to the Authority, or any notice is to be or may be givento the Authority, any such thing or notice may also be done by oragainst or with respect to or be given to the Directorate underwhose jurisdiction the matter falls by reason of a delegation offunction to such Directorate; and for the purposes aforesaid anyreference in this Act to the Authority includes a reference to theappropriate Directorate.

(7) The Director General and the heads of the Directoratesshall be appointed by the Authority after consultation with theMinister for a period of three years which may be extended forfurther periods of three years each:

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Provided that the first Director General and the first headof each Directorate shall be appointed by the Minister.

(8)* The Director General shall attend all the meetings of theBoard but shall not vote at such meetings:

Provided that the Authority may if it so deems fit requirethe Director General not to attend any of the meetings or any partof a meeting.

(9) The Director General shall be responsible for theimplementation of the objectives of the Authority in the exercise ofi ts functions and without prejudice to the general i ty of theforegoing he shall -

(a) assume full responsibility for the overall supervisionand control of the Directorates;

(b) assign to each Directorate such duties which are by, orin accordance with, the provisions of this Act vested insuch Directorate;

(c) co-ordinate the workings of the Directorates; (d) develop the necessary strategies for the

implementation of the objectives of the Authority; (e) advise the Authority on any matter it may refer to him

or on any matter which he considers necessary orexpedient; and

(f) perform such other duties as the Authority may assignto him from time to time.

(10) Nothing in this Act shall be construed as giving rise to or asever having given rise to the nullity or invalidity of any decisionmade by the Authority at any time during which any one or more ofthe Directorates was not established.

Relations between the Minister and the Authority.Amended by:IX. 2011.48.

6. (1) The Minister may in relation to matters that appear tohim to affect the public interest, from time to time give to theAuthori ty direct ions in wr i t ing of a general character, notinconsistent with the provisions of this Act, on the policy to befollowed in the carrying out of the functions vested in the Authorityby or under this Act, and the Authority shall, as soon as may be,give effect to all such directions:

Provided that the Authority shall act independently andshall not seek or take instructions from any other body on mattersrelated to ex-ante market regulation and the resolution of disputesbetween undertakings in accordance with articles 43 and 44A.

(2) The Authority shall afford to the Minister facilities forobtaining information with respect to its property and activities andfurnish him with returns, accounts and other information withrespect thereto, and afford to him facilities for the verification ofinformation furnished, in such manner and at such times as he mayreasonably require.

(3) If the Authority fails to comply with any directions issued

*This subarticle is not yet in force.

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MALTA COMMUNICATIONS AUTHORITY [CAP. 418. 11

under th i s a r t ic le , the Pr ime Minis te r may make an ordertransferring to the Minister in whole or in part any of the functionsof the Authority

Legal personality and representation of the Authority.Amended by:VII. 2004.5.

7. (1) The Authority shall be a body corporate having adistinct legal personality and shall be capable, subject to theprovisions of this Act, of entering into contracts, of acquiring,holding and disposing of any kind of property for the purposes ofits functions, or suing and being sued, and of doing all such thingsand entering into al l such transact ions as are incidental orconducive to the exercise or performance of its functions under thisAct, including the lending or borrowing of money.

(2) The legal representation of the Authority shall jointly vestin the Chairman and the Director General:

Provided that the Authority may appoint any one or moreof its members or of the officers or employees of the Authority toappear in the name and on behalf of the Authority in any judicialproceedings and in any act, contract, instrument or other documentwhatsoever:

Provided further that in respect of any matter falling withinthe functions vested in a Directorate, the legal and judicialrepresentation of the Authority shall also vest in the head of theDirectorate or in such other member, officer or employee of theAuthority, as the Authority may appoint or authorise for thepurpose.

(3) Any document purporting to be an instrument made orissued by the Authority and signed by the Chairman or by theDirector General or by a head of a Directorate in relation to anymatter vested in the relative Directorate by the Authority shall bereceived in evidence and shall, until the contrary is proved, bedeemed to be an instrument made or issued by the Authority.

Provisions with respect to proceedings of the Authority.Amended by:IX. 2011.49.

8. (1) The meetings of the Authority shall be called by theChairman as often as may be necessary but at least once a montheither on his own initiative or at the request of any two of the othermembers.

(2) Half the number of members for the time beingconstituting the Authority shall form a quorum. Decisions shall beadopted by a simple majority of the votes of the members presentand voting. The Chairman, or in his absence the Deputy Chairmanor other person appointed to act as chairman, shall have an initialvote and in the event of an equality of votes, a casting vote.Without prejudice to the other requirements of this Act, no decisionshall be valid which is not supported by at least two members of theAuthority.

(3) Subject to the provisions of this Act the Authority mayregulate its own procedure.

(4) Subject to the foregoing provisions of this article, no actor proceeding of the Authority shall be invalidated merely byreason of the existence of any vacancy among the members.

(5) All acts done by any person acting in good faith, as a

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member of the Authority shall be valid as if he were a membern o t w i t h s t a n d i n g t h a t s o m e d e f e c t i n h i s a p p o i n t m e n t o rqualification be afterwards discovered. No act or proceeding of theAuthority shall be questioned on the ground of the contravention,by a member, of the provisions of article 3(8).

PART IIIOFFICERS AND EMPLOYEES OF THE AUTHORITY

Staff appointments. 9. Without prejudice to the other provisions of this Act, theappointment of officers and other employees of the Authority shallbe made by the Authority. The terms and conditions of employmentshall be established by the Authority with the concurrence of theMinister.

Appointment and functions of officer and employees of the Authority.

10. The Authority shall appoint and employ, at suchremuneration and upon such time terms and conditions as it may, inaccordance with article 9, determine, such officers and employeesof the Authority as may from time to time be necessary for the dueand efficient discharge of the functions of the Authority.

Detailing of public officers for duty with the Authority.

11. (1) The Prime Minister may, at the request of theAuthority, from time to time direct that any public officer shall bedetailed for duty with the Authority in such capacity and witheffect from such date as may be specified in the Prime Minister’sdirection.

(2) The period during which a direction as aforesaid shall applyto any officer specified therein, shall, unless the officer retires fromthe public service, or otherwise ceases to hold office at an earlierdate, or unless a different date is specified in such direction, ceaseto have effect after one year from the effective date of suchdirection unless the direction is revoked earlier by the PrimeMinister.

Status of public officers detailed for duty with the Authority.

12. (1) Where any officer is detailed for duty with theAuthority under any of the provisions of article 11, such officershall, during the time in which such direction has effect in relationto him, be under the administrative authority and control of theAuthority but he shall for other intents and purposes remain and beconsidered and treated as a public officer.

(2) Without prejudice to the generality of the foregoing, anofficer detailed for duty as aforesaid -

(a) shall not during the time in respect of which he is sodetailed -

(i) be precluded from applying for a transfer to adepartment of the Government in accordancewith the terms and conditions of service attachedto the appointment under the Government heldby him at a date on which he is so detailed forduty; or

(ii) be so employed that his remuneration andconditions of service are less favourable thanthose which are attached to the appointmentunder the Government held by him at the date

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MALTA COMMUNICATIONS AUTHORITY [CAP. 418. 13

aforesaid or which would have become attachedto such appointment, during the said period, hadsuch officer not been detailed for duty with theAuthority; and

Cap. 93.Cap. 58.

(b) shall be entitled to have his service with the authorityconsidered as service with the Government for thepurposes of any pension, gratuity, or benefit under thePensions Ordinance and the Widows and Orphans’Pensions Act and of any other right or privilege towhich he would be entitled, and liable to any liabilityto which he would be liable, but for the fact of hisbeing detailed for duty with the Authority.

(3) Where an application is made as provided in subarticle(2)(a)(i) the same consideration shall be given thereto as if theapplicant had not been detailed for service with the Authority.

(4) The Authority shall pay to the Government suchcontributions as may from time to time be determined by theMinister responsible for finance in respect of the cost of pensionsand gratuities earned by an officer detailed for duty with theAuthority as aforesaid during the period in which he is so detailed.

Offer of permanent employment with the Authority to public officers detailed for duty with the Authority.

13. (1) The Authority may, with the approval of the PrimeMinister, offer to any officer detailed for duty with the Authorityunder any of the provisions of article 11 permanent employmentwith the Authority at a remuneration and on terms and conditionsnot less favourable than those enjoyed by such officer at the date ofsuch offer.

(2) The terms and conditions comprised in any offer made asaforesaid shall not be deemed to be less favourable merely becausethey are not in all respects identical with or superior to thoseenjoyed by the officer concerned at the date of such offer, if suchterms and conditions, taken as a whole, in the opinion of the PrimeMinister offer substantially equivalent or greater benefits.

Cap. 93.Cap. 58.

(3) Every officer who accepts permanent employment with theAuthority offered to him, under the provisions of subarticle (1)shall for all purposes other than those of the Pensions Ordinanceand of the Widows’ and Orphans’ Pensions Act, and saving theprovisions of subarticle (6), be deemed to have ceased to be inservice with the Government and to have entered into service withthe Authority on the date of his acceptance, and for the purposes ofthe said Ordinance and of the said Act, so far as applicable to him,service with the Authority shall be deemed to be service with theGovernment within the meanings thereof respectively.

(4) Every such officer as aforesaid who, immediately beforeaccepting permanent employment with the Authority was entitledto benefit under the Widows’ and Orphans’ Pensions Act, shallcontinue to be so entitled to benefit thereunder to all intents as ifhis service with the Authority were service with the Government.

(5) The Authority shall pay to the Government suchcontributions as may from time to time be determined by theMinister responsible for finance in respect of the cost of pensions

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14 [CAP. 418. MALTA COMMUNICATIONS AUTHORITY

and gratuities earned by an officer who has accepted performanceof employment with the Authority as aforesaid during the periodcommencing on the date of such officer’s acceptance.

(6) (a) For the purposes of this article posts and salary gradeswith the Authority shall be classified in the mostnearly corresponding grades and incremental levels inthe se rv ice under the Government o f Mal ta byreference to job description, skills, responsibilities andother analogous factors.

(b) The classification referred to in paragraph (a) shall becarr ied out by a board composed of a cha irmanappointed by the Ministry responsible for finance andtwo other members, one appointed by the Ministryresponsible centrally for personnel policies in thepublic service and one appointed by the Authority. Theclassification shall be subject to the final approval ofthe Minister responsible for finance.

(c) Such classification shall take place within threemonths of any adjustment of salaries of employees inGovernment service and, or, of employees of theAuthority.

(d) No post shall be classified in a grade higher than thatof a Grade 3 in the service of the Government or suchother grade that the Minister responsible for financemay from t ime to t ime by not ice in the Gazet tedetermine.

(e) Without prejudice to article 113 of the Constitution, noperson may, following a classification as aforesaid, beentitled to rights under the said Pensions Ordinanceless favourable than those to which he would havebeen entitled prior to such classification.

PART IV FINANCIAL PROVISIONS

Authority to meet expenditure out of revenue.Amended by:IX. 2011.50.

14. (1) Without prejudice to the following provisions of thisar t i c le , the Author i ty sha l l so conduct i t s a ffa i r s tha t theexpenditure required for the proper performance of its functionsshall, as far as practicable, be met out of its revenue.

(2) For such purpose the Authority shall levy all fees, rates andother payments prescribed or deemed to be prescribed by or underthis Act or any other law related to the powers and functions of theAuthority.

(3) The Authority shall also be paid by Government out of theConsolidated Fund such sums as Parliament may from time to timeauthorise to be appropriated to meet the costs of specified works tobe continued or otherwise carried out by the Authority:

Provided that any subvention received from Governmentshall be exempted from any liability for the payment of income taxand duty on documents under any law for the time being.

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MALTA COMMUNICATIONS AUTHORITY [CAP. 418. 15

(4) Any excess of revenue over expenditure shall, subject tosuch directives as the Minister, after consultation with the Ministerresponsible for finance, may from time to time give, be applied bythe Authority to the formation of reserve funds to be used for thepurposes of the Authority; and without prejudice to the generalityof the powers given to the Minister by this subarticle, any directiongiven by the Minister as aforesaid may order the transfer to theGovernment, or the application in such manner as may be specifiedin the direction, of any part of the fees, rates and other paymentslevied in accordance with subarticle (2) or any such excess asaforesaid.

(5) Any funds of the Authority not immediately required tomeet expenditure may be invested in such manner as may from timeto time be approved by the Minister.

Power to borrow or raise capital.Amended by:L.N. 426 of 2007.

15. (1) For the purpose of carrying out any of its functionsunder this Act, the Authority may, with the approval in writing ofthe Minister given after consultation with the Minister responsiblefor finance, borrow or raise money in such manner, from suchperson, body or authority, and under such terms and conditions asthe Minister, after consultation as aforesaid, may in writingapprove.

(2) The Authority may also, from time to time, borrow, by wayof overdraft or otherwise, such sums as it may require for carryingout its functions under this Act:

Provided that for any amount in excess of one hundred andsixteen thousand and four hundred and sixty-five euro (116,465),there shall be required the approval of the Minister in writing.

Advances from Government.

16. The Minister responsible for finance may, afterconsultation with the Minister, make advances to the Authority ofsuch sums as he may agree to be required by the Authority forcarrying out any of its functions under this Act, and may make sucha d v a n c e s o n s u c h t e r m s a n d c o nd i t i o n s a s h e m a y, a f t e rconsultation as aforesaid, deem appropriate. Any such advance maybe made by the Minister responsible for f inance out of theConsolidated Fund, and without further appropriation other thanthis Act, by warrant under his hand authorising the AccountantGeneral to make such advance.

Borrowing from Government.

17. (1) The Minister responsible for finance may, for anyrequirements of the Authority of a capital nature, contract or raiseloans, or incur liabilities, for such periods and on such terms andconditions as he may deem appropriate; and any sums due inrespect of or in connection with any such loan or liability shall be acharge on the Consolidated Fund.

(2) Notice of any loans, liabilities or advances made orincurred under the foregoing provisions of this article shall begiven to the House of Representatives as soon as practicable.

(3) Pending the raising of any such loan as is mentioned insubarticle (1), or for the purpose of providing the Authority withworking capital, the Minister responsible for finance may, bywarrant under his hand, and without further appropriation other

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than this Act, authorise the Accountant General to make advancesto the Authority out of the Treasury Clearance Fund under suchterms as may be specified by the Minister upon the making thereof.

(4) The proceeds of any loan raised for the purposes of makingadvances to the Authority, and any other moneys to be advanced tothe Authority under this article, shall be paid into a fund speciallyestablished for the purpose and which shall be known as the "MaltaCommunications Authority Loan Fund".

(5) Sums received by the Accountant General from theAuthority in respect of advances made to the Authority undersubarticle (3) shall be paid, as respects of amounts received by wayof repayment into the Treasury Clearance Fund and, as respects ofamount received by way of interest into the Consolidated Fund.

Estimates of the Authority.

18. (1) The Authority shall cause to be prepared in everyfinancial year, and shall not later than six weeks after the end ofeach such year adopt, estimates of the income and expenditure ofthe Authority for the next following financial year:

Provided that the estimates for the first financial year ofthe Authority shall be prepared and adopted within such time as theMinister may by notice in writing to the Authority specify.

(2) In the preparation of such estimates the Authority shalltake account of any funds and other monies that may be due to bepaid to it out of the Consolidated Fund during the relevant financialyear, whether by virtue of this Act or an appropriation Act or of anyother law; and the Authority shall so prepare the said estimates asto ensure that the total revenues of the Authority are at leastsufficient to meet all sums properly chargeable to its revenueaccount including, but without prejudice to the generality of thatexpression, depreciation.

(3) The estimates shall be made out in such form and shallcontain such information and such comparison with previous yearsas the Minister responsible for finance may direct.

(4) A copy of the estimates shall, upon their adoption by theAuthority, be sent forthwith by the Authority to the Minister and tothe Minister responsible for finance.

(5) The Minister shall, at the earliest opportunity and not laterthan six weeks after he has received a copy of the estimates fromthe Authority, approve the same with or without amendment afterconsultation with the Minister responsible for finance.

Expenditure to be according to approved estimates.

19. (1) No expenditure shall be made or incurred by theAuthority unless it has been approved by the Minister as providedin article 18.

(2) Notwithstanding the provisions of subarticle (1) -(a) until the expiration of six months from the beginning

of a financial year, or until the approval of theestimates for that year by the Minister, whichever isthe earlier date, the Authority may make or incurexpenditure for carrying on its functions under this Act

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MALTA COMMUNICATIONS AUTHORITY [CAP. 418. 17

not exceeding in the aggregate one-half of the amountapproved by the Minister for the preceding financialyear;

(b) expenditure approved in respect of a head or sub-headof the estimates may, with the approval of the Ministergiven after consultation with the Minister responsiblefor finance, be made or incurred in respect of anotherhead or sub-head of the estimates;

(c) in respect of the first financial year, the Authority maymake or incur expenditure not exceeding in theaggregate such amounts as the Minister responsible forfinance may, after consultation with the Minister,allow;

(d) if in respect of any financial year it is found that theamount approved by the Minister is not sufficient or aneed has arisen for expenditure for a purpose notprovided for in the estimates, the Authority may adoptsupplementary estimates for approval by the Ministerand in any such case the provisions of this Actapplicable to the estimates shall as near as practicableapply to the supplementary estimates.

Publication of approved estimates.

20. The Minister shall, at the earliest opportunity and not laterthan eight weeks after he has received a copy of the estimates andsupplementary estimates of the Authority, or if at any time duringthat period the House of Representatives is not in session, withineight weeks from the beginning of the next following session, causes u c h e s t i m a t e s t o b e l a i d o n t h e Ta b l e o f t h e H o u s e o fRepresentatives.

Accounts and audit.

21. (1) The Authority shall cause to be kept proper accountsand other records in respect of its operations, and shall cause to beprepared a statement of accounts in respect of each financial year.

(2) The accounts of the Authority shall be audited by anauditor or auditors to be appointed by the Authority and approvedby the Minister:

Provided that the Minister responsible for finance may,after consultation with the Minister, require the books and accountsof the Authority to be audited or examined by the Auditor Generalwho shall for the purpose have the power to carry out such physicalchecking and other certifications as he may deem necessary.

(3) After the end of each financial year, and not later than thedate on which the estimates of the Authority are forwarded to theMinister under article 18, the Authority shall cause a copy of thestatement of account duly audited to be transmitted to the Ministerand to the Minister responsible for finance together with a copy ofany report made by the auditors on that statement or on theaccounts of the Authority.

(4) The Minister shall, at the earliest opportunity and not laterthan eight weeks after he has received a copy of every suchstatement and report, or if at any time during that period the Houseof Representatives is not in session, within eight weeks from the

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beginning of the next following session, cause every such statementand report to be laid on the Table of the House of Representatives.

Deposit of revenues and payment by the Authority.

22. (1) All monies accruing to the Authority shall be paid intoa bank or banks appointed as bankers of the Authority by aresolution of the Authority. Such monies shall, as far as practicable,be paid into any such banks from day to day, except such sum as theAuthority may authorise to be retained to meet petty disbursementsand immediate cash payments.

(2) All payments out of the funds of the Authority, other thanpetty disbursements not exceeding a sum fixed by the Authority,shall be made by such officer or officers of the authority as theAuthority shall appoint or designate for that purpose.

(3) Cheques against and withdrawals from any bank account ofthe Authority shall be signed by such officer of the Authority asmay be appointed or designated by the Authority for that purposeand shall be countersigned by the Chairman, or such other memberor officer of the Authority as may be authorised by the Authorityfor that purpose.

(4) The Authority shall also make provision with respect to - (a) the manner in which and the officer or officers by

whom payments are to be authorised or approved;(b) the title of any account held with the bank or banks

into which the monies of the Authority are to be paid,and the transfer of funds from one account to the other;

(c) the method to be adopted in making payments out offunds of the Authority;

and generally with respect to any matter which is relevant to theproper keeping and control of the accounts and books, and thecontrol of the finance, of the Authority.

Contracts of supply of works.Amended by:L.N. 426 of 2007.

23. Without prejudice to any directions communicated by theMinister under article 6(1), the Authority shall not, except with theapproval of the Minister granted for special reasons and afterconsultation with the Minister responsible for finance, award orenter into any contract for the supply of goods or materials or forthe execution of works, or for the rendering of services, to or forthe benefit of the Authority, which is estimated by the Authority toexceed six thousand and nine hundred and eighty-five euro (6,985)in value, or such other amount as the Minister responsible forfinance may by regulations prescribe, except after notice of theintention of the Authority to enter into the contract has beenpublished and competitive tenders have been issued.

Annual Report. 24. The Authority shall, not later than six weeks after the endof each financial year, make and transmit to the Minister and to theMinister responsible for finance a report dealing generally with theactivities of the Authority during that financial year and containingsuch information relat ing to the proceedings and pol icy ofAuthority as either of the said Ministers may from time to timerequire. The Minister shall, at the earliest opportunity and not laterthan eight weeks after he has received a copy of every such report,

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MALTA COMMUNICATIONS AUTHORITY [CAP. 418. 19

or if at any time during that period the House of Representatives isnot in session, within eight weeks from the beginning of the nextfollowing session, cause a copy of every such report to be laid onthe Table of House of Representatives.

PART V TRANSFER OF CERTAIN ASSETS TO THE AUTHORITY

Transfer of assets to the Authority.

25.(1)(a) The property and undertakings owned by theGovernment and used by it, immediately before thedate of the coming into force of this Part of this Act,and used by it for the operation of any of the functionswhich by this Act are being transferred to or vested inthe Authority shall, on the date aforesaid, by virtue ofthis Act and without further assurance, be transferredto and vested in the Authority under the same title bywhich they were held by the Government immediatelybefore the said date. The provisions of this paragraphshall not apply to immovable property.

(b) The immovable assets from time to time specified inan Order made by the President of Malta and publishedin the Gazette (hereinafter referred to as "theimmovable assets") being immovable assets whichimmediately before the coming into force of this Partof this Act were owned by the Government and usedby it for the operation of any of the functions which bythis Act are being transferred to or vested in theAuthority, shall, with effect from such day as may bespecified in any such order, and by virtue of this Actand without any further assurance be transferred to andvested in the Authority under the same title by whichthey were held by the Government before such day.

(2) The transfer and vesting aforesaid shall extend to the wholeof such property and undertakings and, without prejudice to thegenerality aforesaid, shall include all plant, equipment, apparata,instruments, vehicles, craft, buildings, structures, installations,land , roads , works , s tocks and other proper ty, movable orimmovable, assets, powers, rights and privileges and all thingsnecessary or ancil lary thereto which are held or enjoyed inconnection therewith or appertaining thereto, as well as allobligations affecting or relating to any of the aforesaid property orundertakings or other thing included therein as aforesaid.

Construction of laws, etc.

26. Subject to the provision of this Act, all laws, rules,regulations, orders, judgements, decrees, awards, deeds, bonds,contracts, agreements, instruments, documents, warrants and otherarrangements, subsisting immediately before the date of the cominginto force of this Part of this Act affecting or relating to any of theproperties or undertakings transferred to the Authority by or underthis Act shall have full force and effect against or in favour of theAuthority, and shall be enforceable freely and effectually, as ifinstead of the Government or governmental authority the Authorityhad been named therein or had been a party thereto, and otherwisein substitution of the Government or governmental authority.

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20 [CAP. 418. MALTA COMMUNICATIONS AUTHORITY

Transitory provisions.

27. (1) When anything has been commenced by or under theauthority of the Government prior to the date of the coming intoforce of this Part of this Act and such thing relates to any of theproperties or undertakings or any right or liability transferred to theAuthority by or under this Act, such thing may be carried on andcompleted by or as authorised by the Authority.

(2) Where immediately before the coming into force of thisPart of this Act, any legal proceedings are pending to which theGovernment is or is entitled to be a party, and such proceedings arerelated to any of the properties or undertakings, or any right orliability transferred by or under this Act, the Authority shall, asfrom the date aforesaid, be substituted in such proceedings for theGovernment, or shall be made a part thereto in like manner as theGovernment could have become, and such proceedings shall notabate by reason of the substitution.

(3) The Minister may by order make such incidental,consequential and supplemental provisions as he may deemnecessary or expedient for the purpose of determining, asappropriate, the assets transferred to the Authority by this Act andsecuring and giving full effect to the transfer of any property orundertaking or any right or liability to the Authority by this Act andmake such orders as may be necessary to make any powers andduties exercisable by the Government in relation to any of thetransferred property or undertakings exercisable by or on behalf ofthe Authority.

PART VIADVISORY COMMITTEES

Appointment and functions of advisory committees.

28. (1) With effect from such day or days as the Minister mayby order determine, there shall be appointed in respect of suchsector as the Minister may in any such order specify, an advisorycommittee.

(2) An advisory committee shall, for the better carrying out ofthe provisions of this Act, advise the Authority on such matters andperform such other functions as the Minister may specify in theOrder.

(3) The members of the committee shall be appointed by theMinister and shall hold office for such period and on such termsand conditions as the Minister may deem appropriate.

(4) Each committee shall consist of one member representingthe Authority as Chairman and such other members as the Ministermay deem fit to appoint.

(5) The provisions of article 3(4)(a), (5) and (8) shall mutatismutandis apply to the members of the advisory committees.

(6) Each advisory committee shall keep minutes of all itsmeetings and shall forward copies of such minutes to the Authority.The provisions of article 8 shall mutatis mutandis apply to thecommittee and its acts or proceedings.

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MALTA COMMUNICATIONS AUTHORITY [CAP. 418. 21

PART VIIENFORCEMENT AND SANCTIONS

Enforcement powers of the Authority.Added by:VII. 2004.8.Amended by:L.N. 426 of 2007;XXX. 2007.41;XII. 2010.14;IX. 2011.43.

29. (1) For the purposes of the exercise by the Authority ofany of its functions under this Act or any other law the Authority isentitled to enforce, the Authority may:

(a) enter, at any reasonable time, any premises other thana place of residence, or any other place or any vehicleor vessel where any activity regulated by or under thisAct or any other law which the Authority is entitled toenforce, takes place, or in the opinion of the Authoritytakes place, and search and inspect the premises,place, vehicle or vessel and any books, documents orrecords found therein;

(b) require any person to produce for inspection and takeextracts from any books, documents or records relatingto any activities regulated by or under this Act or anyother law which the Authority is entitled to enforce,which are under the control of that person and, in thecase of information in a non-legible form to reproduceit in a legible form, and to give to the Authority suchinformation as the Authority may reasonably require inrelation to any entries in such books, documents orrecords;

(c) remove and retain such books, documents or recordsfor such period as may be reasonable for furtherexamination;

(d) require any person to maintain such books, documentsor records for such period as may be reasonable as theAuthority directs;

(e) require any person to give to the Authority anyinformation that may be required with regard to anyactivities regulated by or under this Act or any otherlaw the Authority is entitled to enforce;

(f) make such inspections including site inspections toenable the Authority to carry out its functions at lawand in doing so the Authority may also undertake testsand measurements of any machinery, apparatus,appliances and other equipment at any place as theAuthority may consider necessary;

Cap. 399.

(g) require any person to switch off, modify, or desistfrom the use of, any radiocommunications apparatuswhich does not comply with any radiation emissionstandards adopted and published by the InternationalCommission for Non-Ionising Radiation Protection(ICNIRP) or any other international standards as maybe adopted from time to time, or which may causeharmful interference, or is in breach of anyrequirement established by or under the ElectronicCommunications (Regulation) Act or of anyradiocommunications authorisation or licencecondition:

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22 [CAP. 418. MALTA COMMUNICATIONS AUTHORITY

Provided that where the person concerned fails toabide with any requirements made by the Authorityunder this paragraph, the Authority may then take anysuch measures as it may consider appropriate in thecircumstances including the switching off ormodification of the use of any such apparatus.

(2) Any officer of the Authority or any other person dulyauthorised by the Authority to act on its behalf when exercising apower conferred by this Act or by any other law which theAuthority is entitled to enforce, shall if requested by any personthereby affected, produce to that person for inspection a certificateissued by the Authority stating that he is duly authorised to act forand on behalf of the Authority.

(3) In the course of the exercise of any of the powers conferredby this Act or by any other law which the Authority is entitled toenforce the Authority may request the assistance of the Police.

(4) The Directors and managers, by whatever name designated,or any other persons who are or have been in charge of theoperations or activities falling under the supervisory or regulatoryfunctions of the Authority shall assist and shall collaborate with theAuthority in order to enable it to discharge its functions, and shallcollate and transmit without any undue delay such information anddocumentation as the Authority may reasonably request from timeto time.

(5) Any person who -(a) obstructs, impedes or assaults an officer of the

Authority or any other person duly authorised by theAuthority to act on its behalf in the exercise of any ofthe powers conferred by this Act or by any other lawwhich the Authority is entitled to enforce;

(b) fails or refuses to comply with a requirement underthis article;

(c) alters, suppresses or destroys any books, documents orrecords which the person concerned has been requiredto produce, or may reasonably expect to be required toproduce;

(d) falsely represents himself to be an officer of theAuthority or a person authorised by the Authority toact on its behalf; or

(e) furnishes any information to the Authority which itmay require in the exercise of its functions under anylaw it is entitled to enforce, which he knows, or hasreasonable cause to believe to be false or misleading,

shal l be guil ty of an offence against this Act , and shal l onconvict ion be l iable to a f ine (multa) not exceeding eleventhousand and six hundred and forty-five euro (11,645) or toimprisonment for a period not exceeding three months, or to bothsuch fine and imprisonment.

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Disclosure of confidential information.Added by:VII. 2004.8.Amended by:L.N. 426 of 2007.

30. (1) Except where otherwise provided by law, a personshall not knowingly disclose confidential information obtained byhim while performing the duties of a member, officer or employeeof the Authority or of an adviser or consultant to the Authority,unless he is duly authorised by the Authority to do so.

(2) In this article "confidential information" means anyinformation however so described which is considered by theAuthority to be confidential and in relation to which the Authorityhas notified the persons concerned of their duty of non-disclosure.

(3) A person who contravenes this article shall be guilty of anoffence against this Act and shall on conviction be liable to a fine(multa) not exceeding two thousand and three hundred and twenty-five euro (2,325).

(4) Nothing in this article shall prevent the disclosure of anyinformation to the Authority or, by or on behalf of the Authority tothe Minister or as may be required at law.

Other sanctions that the Authority may impose.Added by:VII. 2004.8.Substituted by:XXX. 2007.42.Amended by:XII. 2010.15;IX. 2011.51.

31. (1) Without prejudice to any other provisions under thisAct or any other law which the Authority is entitled to enforce, theAuthority may take the following measures in respect of any personwho infringes any provision of this Act or of any other law whichthe Authority is entitled to enforce, or who fails to comply with anydecis ion given by the Author i ty or wi th any author isa t ioncondition:

(a) the imposition of an administrative fine in accordancewith the provisions of this article and of articles 32and 33;

(b) order the cessation of any act or omission which is inbreach;

Cap. 399.

(c) order the delay of a service or bundle of serviceswhich if continued, may result in significant harm tocompetition, pending compliance with accessobligations imposed following a market analysiscarried out in accordance with the ElectronicCommunications (Regulation) Act.

(2) In cases where the Authority considers that a person hasseriously and repeatedly infringed the provisions of this Act or ofany other law which the Authority is entitled to enforce, or of anydecision of the Authority or of any authorisation condition, theAuthority may withdraw or suspend any related authorisationgranted by or under this Act or any other law which the Authorityis entitled to enforce.

(3) In all cases where the Authority imposes an administrativefine in respect of anything done or is omitted to be done by anyperson and such act or omission also constitutes a criminal offence,no proceedings may be taken or continued against the said personin respect of such criminal offence.

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Procedure when taking a measure under article 31.Added by:VII. 2004.8.Amended by:L.N. 426 of 2007.Substituted by:XXX. 2007.42.Amended by:IX. 2011.52;L.N. 180 of 2012.

32. (1) The Authority shall before proceeding to take any ofthe measures under article 31 write to the person concerned,warning him of the measure that may be taken and the specificreason why it may be taken, requiring him to cease or rectify hisacts or omissions and, or to make his submissions thereto withinsuch period not being less than fifteen days which period, withoutprejudice to the provisions of subarticle (4), may be abridged if theAuthority considers that the continuance of the infringementimpacts negatively the effective exercise by the Authority of itsregulatory functions and, or warrants the immediate intervention ofthe Authority:

Provided that where the measure is an administrative finethe person concerned shall also be informed of the amount of thefine:

Provided further that when issuing a warning under thissubarticle, the Authority may impose such conditions as it mayconsider reasonable in the circumstances.

(2) If the person concerned remedies the infringement with theperiod established by the Authority in accordance with subarticle(1), and agrees in writing to abide with any condition that theAuthority may impose, the Authority may at its discretion desistfrom proceeding any further, th is without prejudice to anyregulatory measures that may have already been imposed.

(3) If after the lapse of the period mentioned in subarticle (1),the Authority considers that the person concerned has not given anyvalid reasons to demonstrate why no measure should be takenagainst him, the Authority shall notify the person concerned inwriting, specifying the nature of the infringement, stating themeasure being taken, and if the measure is an administrative fine,stating the amount of the fine being imposed.

(4) Notwithstanding the provisions of subarticle (1), where theAuthority has prima facie evidence that the infringement -

(a) represents an immediate and serious threat to publicsafety, public security or public health; or

(b) creates or may create serious economic or operationalproblems for other providers or users ofcommunications services or networks, or other usersof radio spectrum; or

Cap. 399.

(c) would result in significant harm to competition in theelectronic communications market, pendingcompliance with access obligations imposed followinga market analysis carried out in accordance with theElectronic Communications (Regulation) Act or anyregulations made thereunder,

the Authority may take urgent interim measures to remedy thesituation in advance of reaching a final decision, including orderingthe immediate cessation of the act or omission giving cause to theinfringement, requiring the cessation or delay of provision of aservice or bundle of services, and the imposition of administrativefines:

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MALTA COMMUNICATIONS AUTHORITY [CAP. 418. 25

Provided that the person against whom such measures arecontemplated, shall, thereafter, be given a reasonable opportunityto state his view and propose any remedies:

Provided further that the interim measures shall be valid fora maximum of three months, subject to extension for a furtherperiod of three months, in circumstances where enforcementprocedures have not been completed.

Cap. 12.

(5) The notification as referred to in subarticle (3) shall, uponthe expiry of the time limit for appeal therefrom, upon the serviceof a copy thereof by means of a judicial act on the person indicatedin the notice, constitute an executive title for all effects and thepurposes of Title VII of Part I of Book Second of the Code ofOrganization and Civil Procedure:

Provided that if the person against whom the notice hasbeen issued, files an appeal before the Tribunal within the twentyday period referred to under article 38, and concurrently with orbefore the filing of his appeal requests the Tribunal to suspend theeffects of the notice, then the Authority shall desist from issuing ajudicial act as referred to in this subarticle until such time as therequest for suspension has been determined, wi thdrawn orotherwise dealt with:

Provided further that the Tribunal shall determine anyrequests for suspension referred to in this subarticle expeditiously.Before determining any such request the Tribunal shall give theAuthor i ty a reasonable oppor tun i ty to rep ly and make i t ssubmissions.

(6) Interest at the rate of eight per cent per annum shall run asfrom the date se t by the Authori ty for the payment of anyadministrative fine imposed by it in terms of this Act. In caseswhere the Tribunal or the Court of Appeal, as the case may be, afterhaving upheld an appl ica t ion to suspend the f ine pendingproceedings, finally decides that the fine is due, such fine shall bedue together with any interests accrued thereon as from the dateoriginally set by the Authority for payment including the periodduring which the payment of the said fine was suspended.

(7) The Authority shall give its reasons for any decision takenunder this article.

(8) Notwithstanding the provisions of any law, noprecautionary warrant or order shall be issued by any courtrestraining the Authority from the exercise of any of the powersconferred upon it under this article.

Quantum of an administrative fine.Added by:VII. 2004.8.Amended by:XIII. 2005.64.Substituted by:XXX. 2007.42.Amended by:IX. 2011.53.

33. (1) An administrative fine imposed shall not, unlessprovided otherwise by or under this Act, exceed three hundred andforty-nine thousand, four hundred and six euro (€349,406) for eachinfringement or failure to comply and, or eleven thousand, sixhundred and forty-six euro and eighty-six cents (€11,646.86) foreach day of infringement or non-compliance as the case may be:

Provided that if the act or omission which constitutes aninfringement is committed by an undertaking and the Authorityconsiders that such act or omission has especially significant

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26 [CAP. 418. MALTA COMMUNICATIONS AUTHORITY

effects on the market to the detriment of competitors and, orconsumers , the s ta ted amount tha t may be imposed as anadministrative fine may be increased to an amount that is not morethan five per cent of the turnover of the undertaking in the calendaryear immediately preceding the year when the infringement wascommitted:

Provided further that any daily fine imposed may be backdated to the date of the commission or commencement of theinfringement.

(2) In determining the amount of an administrative fine, regardsha l l be had in pa r t i cu la r to the na tu re and ex ten t o f theinfringement, its duration and its impact on the market and onconsumers.

(3) The Minister may in regulations made under this Actestablish the administrative fines that may be imposed by theAuthority for breaches of the said regulations:

Provided that the amount of the fines that may be soprescribed shall not exceed the maximum amounts referred tounder subarticle (1).

Administrative infringements by bodies corporate.Added by:VII. 2004.8.

34.* Where an administrative infringement of any provision ofthis Act or any other law which the Authority is entitled to enforceis committed by a body corporate and is proved to have beencommitted with the consent or involvement of or to be attributableto any gross negligence on the part of a person being a director,manager, secretary or other officer however so described of thebody corporate or a person who was purporting to act in any suchcapacity, that person, as well as the body corporate, shall be liableto be proceeded against and punished as if he was responsible forthe said infringement.

Limitation on the provision of services, networks to protect public security etc.Added by:XXX. 2007.43.Amended by:IX. 2011.43, 54.

34A. (1) For the purposes of this article:(a) "authorization" means any authorization, however

described, that a person may hold or be granted underthis Act;

(b) "shareholder" means:(i) in the case of a company that is not listed on the

Malta Stock Exchange or on a Stock Exchangeof a Member State, a person who holds anyamount of shares in a company;

(ii) in the case of a company listed on the MaltaStock Exchange or on the Stock Exchange of aMember State, a person holding more than twopercent of shares in a company.

(2) When the Authority is satisfied that -(a) any person holding any authorization; or(b) any person who is a secretary, director or other

principal officer of any company, partnership or other

*Not yet in force.

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MALTA COMMUNICATIONS AUTHORITY [CAP. 418. 27

body holding any authorization or who otherwiseexercises control or significant influence over the saidcompany, partnership or other body; or

(c) any person who is a shareholder of any company,partnership or other body holding any authorization,

is not a fit and proper person or are not fit and proper persons tohold any authorization or to act in any capacity mentioned inparagraphs (b) or (c) and that the holding by such person orpersons of an authorization or of any said capacity may reasonablypose a threat to public trust, public security or public order, theAuthority may prohibit such person or persons or any company,partnership or other body in which the said person or persons holdany said capacity from holding an authorization.

(3) The Authority may, for the purpose of ascertaining whetherany person referred to in subarticle (2) is a fit and proper person tohold an authorization or to act in any capacity mentioned insubarticle (2)(b) or (c), require, within such time as it may considerreasonable in the circumstances, such information and, or consentto obtain any information as the Authority may deem appropriatefrom any such person or from any person who intends to provide acommunications service and, or network in accordance with thisAct.

(4) Without prejudice to the other provisions of this article:(a) any person convicted, whether in Malta or outside

Malta, of a crime against public trust shall not bedeemed to be a fit and proper person to hold anauthorization or to act in any capacity mentioned insubarticle (2)(b) or (c);

(b) any authorization enjoyed by any person convicted ofa crime against public trust, or enjoyed by a company,partnership or other body which has a shareholder or asecretary, director or other principal officer who hasbeen convicted, whether in Malta or outside Malta, ofa crime against public trust, or over which a personwho has been convicted, whether in Malta or outsideMalta, of a crime against public trust otherwiseexercises control or significant influence, shall bevoidable upon a decision of the Authority taken afterhaving considered all the relevant facts.

Prescription for offences and administrative infringements.Added by:VII. 2004.8.

35. The prosecution of a criminal offence or the initiation ofproceedings to impose an administrative fine under this Act orunder any other law which the Authority is entitled to enforce shallbe prescribed by the lapse of two years from the date on which theoffence or administrative infringement is alleged to have beencommitted.

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Substituted by:L.N. 180 of 2012.

PART VIIIADMINISTRATIVE REVIEW TRIBUNAL

Administrative Review Tribunal.Added by:VII. 2004.8.Amended by:XIII. 2005.65;L.N. 426 of 2007.Substituted by:L.N. 180 of 2012.Cap. 490.

36. (1) The Administrative Review Tribunal shall becompetent to hear and determine appeals from decisions of theAuthority as provided in this Act or in any law or regulations.

(2) The provisions of the Administrative Justice Act, in so faras they apply to the Administrative Review Tribunal, shall apply toany proceedings before the said Tribunal and the words "publicadministration" in the said enactment shall be construed as areference to the Authority.

Cap. 490. (3) The provisions of article 25 of the Administrative JusticeAct shall apply to any proceedings pending before the AppealsBoard constituted under article 36, as the said article stood prior tothe coming into force of this article, and any such proceedings shall be assigned to the Administrative Review Tribunal in terms ofthe aforesaid article 25 with effect from 1st June, 2012.

Appeals from decisions other than the imposition of administrative fines of the Authority.Added by:VII. 2004.8.Amended by:XXX. 2007.44;IX. 2011.55;L.N. 180 of 2012.Cap. 399.Cap. 81.Cap. 350.Cap. 254.Cap. 426.

37. (1) Unless otherwise provided by law an appeal shall lie tothe Tribunal from a decision of the Authority made under this Act,the Electronic Communications (Regulation) Act, the Utilities andServices (Regulation of Certain Works) Act, the Broadcasting Act,the Postal Services Act or the Electronic Commerce Act:

Provided that the Prime Minister may by order in theGazette extend the jurisdiction of the Tribunal to -

(a) any other decisions that the Authority may take underany other law which the Authority is entitled toenforce; and

(b) any decision taken by or on behalf of Government orby any public authority in relation to or having asubstantial bearing on communications.

(2) The right of appeal to the Tribunal shall be competent toany person aggrieved by the decision:

Provided that in any case, a person making an appeal to theTribunal shall also explain his juridical interest in impugning thedecision appealed from.

(3) Without prejudice to the provisions of article 38, an appealfrom a decision of the Authority shall be made by application and shallbe filed with the Secretary of the Tribunal within twenty days from thedate on which the said decision has been notified.

Appeals against an administrative fine imposed by the Authority.Added by:VII. 2004.8.Amended by:XXX. 2007.45;L.N. 180 of 2012.

38. (1) Without prejudice to the provisions of this Part, thep r o c e d u r e t o b e f o l l o w e d i n r e l a t i o n t o a p p e a l s a g a i n s tadministrative fines imposed by the Authority shall be regulated bythe provisions of this article.

(2) A person who is notified with a notice in writing givenunder article 32(3) may, within twenty days from the date of suchnotification, lodge an appeal before the Tribunal objecting to theadministrative fine so fixed.

(3) The Tribunal shall not annul an administrative fine as

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aforesaid unless it results to it that such fine could not at law beimposed in the circumstances of the case, or could not at law befixed in the amount established by the Authority due account beinggiven to the principle of proportionality.

(4) The Tribunal shall, without delay, set down the appeal forhearing at an early date, which date shall in no case be later thanforty days from the date of the service of the appeal on theAuthority.

(5) The appeal, and the notification of the date fixed forhearing, shall be notified to the Authority without delay, and theAuthority shall file its reply thereto within twenty days from thedate of the notification of the appeal.

(6) The decision of the Tribunal upon an appeal referred to insubarticle (2), confirming the imposition of a fine established bythe Authority or reducing any such fine, shall upon becoming resjudicata be deemed to be a decision of the Tribunal.

(7) There shall be a right of appeal to the Court of Appeal toany of the parties to the proceedings before the Tribunal inaccordance with article 36.

Decisions of the Appeals Board.Added by:VII. 2004.8.Amended by:L.N. 180 of 2012.

39. (1) In determining an appeal the Tribunal shall take intoaccount the merits of the appeal, and may in whole or in part,confirm or annul the decision appealed from, giving in writing thereasons for its decision and shall cause such decision to be madepublic and communicated to the parties to the appeal.

(2) Where the Tribunal considers that, having regard to itsdetermination of the appeal and all other relevant matters, there aresufficient reasons rendering it equitable to do so, it may, either ofits own motion or on application by a consumer being a party to theappeal, order that the whole or part of the costs of any such partyappearing before the Tribunal relating to the engagement of alawyer and, or of a technical adviser shall be paid to the consumerconcerned by any other party to the appeal named in the order.

Procedure of the Tribunal.Added by:VII. 2004.8.Amended by:L.N. 180 of 2012.

40. (1) The Tribunal shall endeavour to determine an appealwithin one hundred and twenty days from the lapse of the period bywhen the Authority may file its reply to the aforesaid appeal and inany case shall deliver its final decision not later than sixty daysfrom when the parties declare that they have concluded with theirevidence and made their final submissions.

(2) The Tribunal in order to assist it in the exercise of itsfunctions may appoint independent and impartial experts to adviseit on any issue that may be relevant to any appeal lodged before it.In such cases the Tr ibunal sha l l be en t i t led to make bo thprovisional and final orders in respect of the payment of the costsand fees of such experts by any of the parties to the appeal.

(3) The Minister may subject to the provisions of this Act, byregulations prescribe the procedure to be followed before theTribunal, and subject thereto and to any other provisions of thisAct, the Tribunal may regulate its own procedure.

(4) The Minister may by regulation amend any of the periods

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30 [CAP. 418. MALTA COMMUNICATIONS AUTHORITY

stated in subarticle (1).

Appeal to the Court of Appeal.Added by:VII. 2004.8.

41. (Deleted by Legal Notice 180 of 2012).

Status of decision or directive pending an appeal before the Tribunal or the Court of Appeal.Added by:VII. 2004.8.Amended by:IX. 2011.56;L.N. 180 of 2012.

42. (1) The decision of the Authority pending an appealwhether before the Tribunal or the Court of Appeal, shall stand andshall be adhered to by all the parties to whom the decision applies.

(2) The Tribunal or the Court of Appeal as the case may be,where it considers it to be appropriate, may on the application of aparty to the appeal, suspend the decision of the Authority pendingthe final determination of the appeal. The Tribunal or the Court ofAppeal in deciding to suspend the decision shall state their reasonsfor doing so.

Collection of information regarding appeals.Added by:IX. 2011.57.

42A. The Authority shall collect information on the generalsubject matter of appeals, the number of requests for appeal, theduration of the appeal proceedings and the number of decisions togrant in ter im measures . The Author i ty sha l l provide suchinformation to the European Commission and to BEREC after areasoned request from either.

Added by:XXX. 2007.46.

PART IXDISPUTE RESOLUTION

Disputes between persons holding an authorization.Added by:XXX. 2007.46.Amended by:IX. 2011.58.

43. (1) Unless otherwise provided in any other law, in theevent of a dispute occurring between undertakings within the samecommunications sector in connection with any obligations arisingunder any law, decision or authorisation condition which theAuthority is entitled to enforce, the Authority shall, at the requestof any party to the dispute, investigate the matter and shall issue abinding decision to resolve the dispute in the shortest possibletimeframe, and in any case within four months from the date onwhich the dispute was notified to it:

Provided that such period of four months may be extendedin circumstances which the Authority considers exceptional.

(2) The Authority may of its own initiative, investigate anysuspected breach of any obligations arising under any law, decisionor authorisation condition which it is entitled to enforce.

(2A) The Authority may decide not to initiate an investigationreferred to in subarticle (1) and, or in subarticle (2) where it issatisfied that other means of resolving the dispute in a timelymanner are available to the parties or if legal proceedings inrelation to the dispute have been initiated by any party to thedispute:

Provided that where the Authority decides not to initiate aninvestigation it shall inform the parties of such a decision as soonas possible thereafter.

(3) Where the Authority decides not to initiate an investigationunder subarticle (2), it shall inform the parties of such a decision assoon as possible thereafter.

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(4) If four months from the date of a decision referred to insubarticle (3) the dispute is not resolved and the party seekingredress has not initiated legal proceedings before the ordinarycourts or any other competent adjudicative forum, however sodescribed, the Authority shall, at the request of any of the parties tothe dispute, init iate an invest igation and give a decision inaccordance with the provisions of this article.

Cap. 399.

(5) In giving a decision under this article the Authority shall inre la t ion to d isputes be tween persons provid ing e lec t roniccommunications services and, or networks, have regard to theobjectives under article 4 of the Electronic Communications(Regulation) Act.

(6) Without prejudice to the provisions of article 31, a personto whom a decision under this article applies shall, saving theprovisions of article 42, forthwith comply with that decision. Ifsuch person fails to do so, he shall be deemed to have committed aninfringement of this article. The period of non-compliance shall bedeemed to have commenced from the date of notification of thedecision of the Authority or from any such other date as may becommunicated in the decision which date shall in any case be on orsubsequent to the date of notification of the decision:

Provided that if it results to the Authority that a breach ofthis Act, any other law, decision or authorisation condition whichthe Authority is entitled to enforce has been committed by a partyto a dispute, the Authority may notwithstanding the provisions ofthis article apply the provisions of articles 31 to 33.

(7) In issuing a decision under this article the Authority shallstate the reasons on which the decision is based, and shall, subjectto such requirements of commercial confidentiality as it may deemappropriate, notify the parties to the dispute with a copy of thedecision.

(8) The Authority shall publish notice of a decision givenunder this article and shall indicate where copies of, or informationregarding the decision may be obtained.

(9) The procedure referred to in this article shall not precludeany party to the dispute from bringing an action before the courts orany other competent adjudicative forum.

(10) The Minister may by regulation vary the periods stated insubarticles (1) and (4).

Disputes involving end-users.Added by:XXX. 2007.46.Amended by:XII. 2010.17;IX. 2011.59.

44. (1) An end-user may refer a dispute with an undertaking tothe Authority if such dispute relates to an allegation of non-compliance by that undertaking with any law, decision, directive orauthorisation condition which the Authority is entitled to enforce:

Provided that in referring a dispute to the Authority inaccordance with this article, the end-user shall show prima faciethat he has suffered prejudice as a direct result of the alleged non-compliant act or omission of the undertaking.

(2) Upon receipt of any reference as aforesaid, or uponotherwise becoming aware of any such dispute that the Authority

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believes should be investigated, the Authority shall notify all theparties to the dispute that the matter is being investigated. In doingso the Authority shall regulate its own procedure, which procedureshall , as far as is reasonably possible, be transparent, non-discriminatory, simple, inexpensive and conducive to a prompt andfair settlement of the dispute, and it shall afford all parties to thedispute reasonable opportunity to make their submissions and toproduce any relevant information:

Provided that the Authority may decide not to initiate aninvestigation in accordance with this article where it is satisfiedthat other means of resolving the dispute in a timely manner areavailable to the parties or if legal proceedings in relation to thedispute have been initiated by any party to the dispute.

(3) The Authority in resolving any disputes referred to it underthis article, may issue directives to the person against whom thecomplaint has been lodged requiring that person to comply withany measure that the Authority may specify for the resolution oft h e d i s p u t e . S u c h d i r e c t i v e s m a y, h a v i n g r e g a r d t o t h edetermination of the dispute and to all other relevant matters,include an order to effect the reimbursement of payments receivedor to make compensation payments. Such payments may alsoinclude the whole or part of the costs of any party relating to theengagement of a lawyer and, or of a technical adviser in relation toany submissions relating to the dispute.

(4) The Authority shall make publicly available any rules ofadministrative procedure which it may from time to time establishin relation to the handling of any disputes referred to it under thisarticle.

(5) The provisions of this article shall be without prejudice tothe right of an end-user to have recourse to any other body inresolving any such disputes.

(6) In issuing a decision under this article the Authority shallstate the reasons on which it is based, and shall, subject to suchrequirements of commercial confidentiali ty as i t may deemappropriate, notify the parties to the dispute with a copy of thedecision.

(7) The Authority shall publish notice of a decision givenunder this article and shall indicate where copies of, or informationregarding the decision may be obtained.

Resolution of cross-border disputes.Added by:IX. 2011.60.

44A. (1) In the event of a dispute arising under any law ordecision which the Authority is entitled to enforce, involvingpersons enjoying authorisations in more than one Member State, aperson may request the Authority to co-ordinate its efforts with anyrelevant regulatory authority in another Member State with a viewto bringing about a resolution of the dispute.

Cap. 399.(2) In addition to subarticle (1), a dispute arising under the

Electronic Communications (Regulation) Act or the EuropeanElectronic Communications Directives between parties in differentMember States, where the dispute lies within the competence of theAuthority and national regulatory authorities from other Member

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MALTA COMMUNICATIONS AUTHORITY [CAP. 418. 33

States, that dispute shall be subject to the following procedure:

Cap. 399.

(a) any party may refer such a dispute to the Authority orto the other national regulatory authorities concerned.The Authority shall coordinate with the other nationalregulatory authorities, and may consult with BERECin order to bring about a consistent resolution of thisdispute in accordance with the objectives set out inarticle 4 of the Electronic Communications(Regulations) Act:Provided that where the Authority makes adetermination for the purposes of resolving a disputeunder this article, the provisions of article 43 shallapply. In doing so the Authority may request BERECto give an opinion as to the action to be taken inaccordance with the provisions of the EuropeanElectronic Communications Directives to resolve thedispute. Where such a request has been made toBEREC, the Authority shall wait for the opinion ofBEREC before taking action to resolve the dispute.This shall not preclude the Authority from takingurgent measures as necessary:Provided further that any obligations imposed on anundertaking by the Authority in resolving a disputeshall respect the provisions of the European ElectronicCommunications Directives and shall take the utmostaccount of the opinion adopted by BEREC;

(b) the Authority may enter into arrangements with othernational regulatory authorities whereby they mayjointly decline to resolve a dispute where othermechanisms, including mediation, exist and wouldbetter contribute to resolution of the dispute in atimely manner in accordance with the provisions ofArticle 8 of the Framework Directive. Sucharrangements shall include provision for the Authorityor the other national regulatory authorities to informthe parties without delay where they agree to jointlydecline to resolve the dispute:Provided that if after four months the dispute is notresolved, where the dispute has not been broughtbefore the courts by the party seeking redress, and ifeither party requests it, the Authority shall coordinatewith the other national regulatory authorities in orderto bring about a resolution of the dispute in accordancewith Article 8 of the Framework Directive, and takingthe utmost account of any opinion adopted by BERECin relation to the dispute in question.

(3) The procedure referred to in subarticle (2)(a) does notpreclude a party from bringing an action before the courts.

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Amended by:XXX. 2007.46.

PART XMISCELLANEOUS

Persons deemed public officers.Amended by:VII. 2004.8;XXX. 2007.46.Cap. 9.

45. (1) The members of the Authority, the members of theadvisory committees and al l off icers and employees of theAuthority shall be deemed to be public officers within the meaningof the Criminal Code.

(2) The Minister and the members of the Authority and itsofficers shall not for a period of one year following the terminationof their appointment or office engage in any activity which inaccordance with the provisions of article 3(4)(c) would disqualify aperson from holding office as a member of the Authority.

Power to make regulations.Amended by:VII. 2004.7, 8;XXX. 2007.46.

46. The Minister may, after consultation with the Authority,make regulations in respect of any of the functions of the Authorityand the Minister may, in compliance with any internationalobl igat ions of Mal ta , make any regulat ions re la t ing to theimposition of any fees, rates or other payments however sodescribed that the Authority may levy and in particular mayprescribe the manner and the purpose for their imposition.

Exemption from liability.Added by:VII. 2004.9.Amended by:XXX. 2007.46.

47. The members, officers and employees of the Authority inthe performance of their functions under this Act or any other lawadministered by the Authority, shall not be liable for any loss ordamage suffered by any person by reason of anything done oromitted to be done in good faith in the course of the administrationof this Act or any other law.

Service of notice.Added by:VII. 2004.9.Amended by:XXX. 2007.46;L.N. 180 of 2012.

48. Where a notice however so described is required to begiven by the Authority to any person whether under this Act orunder any other law administered by the Authority, the notice shallbe addressed to that person and shall be given to the person in anyof the following ways:

(a) by delivering it to the person;(b) by leaving it at the address at which the person

ordinarily resides or carries on business;(c) by sending it by registered post to the person at the

address at which the person ordinarily resides orcarries on business;

(d) if an address for the service of notices has beenprovided by the person, by leaving it at, or sending itby registered post addressed to the person to thataddress;

(e) in any case where the Authority considers that theimmediate giving of the notice is required, by sendingit, by means of a facsimile machine or by electronicmail, to a device or facility for the reception offacsimiles or electronic mail located at the address atwhich the person ordinarily resides or carries onbusiness or, if an address for the service of notices hasbeen furnished by the person, that address, providedthat the facsimile machine of the sender generates amessage confirming successful transmission of thetotal number of pages of the notice or the facility of

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MALTA COMMUNICATIONS AUTHORITY [CAP. 418. 35

the sender for the reception of electronic mailgenerates a message confirming receipt of theelectronic mail:

Provided that the provisions of paragraph (e) shall notapply to the notification of documents filed before the Tribunal orany Court.

Proceedings for debts due to the Authority.Added by:VII. 2004.9.Amended by:XXX. 2007.46, 48.

49. (1) Where the Authority desires to sue for the recovery ofa debt due to the Authority under any law which it is entitled toenforce for any licence or authorisation fee or other similar fee orcharge however so described that may be due, the Chairman,Director General or an officer of the Authority duly authorised bythe Authority to act on its behalf may make a declaration on oathbefore the registrar, a judge or a magistrate wherein he states thenature of the debt and the name of the debtor and confirm that it isdue.

(2) The declaration referred to in subarticle (1) shall be servedupon the debtor by means of a judicial act and it shall have thesame effect as a final judgement of the competent court unless thedebtor shall, within a period of twenty days from service upon himof the said declaration, oppose the claim by filing an applicationdemanding that the court declare the claim unfounded.

(3) The application filed in terms of subarticle (2) shall beserved upon the Authority, which shall be entitled to file a replywithin a period of twenty days. The court shall appoint theapplication for hearing on a date after the lapse of that period.

(4) Any debts due to the Authority in accordance with thisarticle shall be prescribed by the lapse of the period of five yearsfrom the date on which the debt was due.

SCHEDULE

(Article 5(2))Directorates

Subject to the Minister’s powers under article 5(2), there shall bethe following Directorates -

1. Directorate for Telecommunications with responsibility forthe regulation of all matters relating to telecommunications as mayfrom time to time be assigned to the Authority by or under an Actof Parliament.

2. Directorate for Data Protection with responsibility for theregulation of all matters relating to data protection as may fromtime to time be assigned to the Authority by or under an Act ofParliament.

3. Directorate for Information and Other Systems withresponsibility for the regulation of all matters relating to electroniccommerce as well as information and other systems as may fromtime to time be assigned to the Authority by or under an Act of

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36 [CAP. 418. MALTA COMMUNICATIONS AUTHORITY

Parliament.