ACT No. XVII of 1997 AN ACT to amend the Constitution of Malta providing for the Offices of Auditor General and Deputy Auditor General.

I assent.

(L.s.)

Ugo MIFSUD BONNICI

President

18th July, 1997

ACT No. XVII of 1997

AN ACT to amend the Constitution of Malta providing for the

Offices of Auditor General and Deputy Auditor General.

BE IT ENACfED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

(1)

This Act may be cited as the Constitution of Malta

(Amendment) Act, 1997, and shall be read and construed as one with

the Constitution of Malta hereinafter referred to as "the Constitution".

(2) This Act shall come into force on such date as the Prime

Minister may by notice in the Gazette appoint.

In subsection (4) of section 107 of the Constitution, for the

words "100, 108, 109" there shall be substituted the words "100,109".

For section 108 of the Constitution there shall be substituted

the following

108. (1) There shall be an Auditor General whose

office shall be a public office who shall have the functions as

provided in the following provisions of this section.

(2) The Auditor General shall be an officer of

the House of Representatives and shall be appointed by the

President acting in accordance with a resolution of the House

of Representatives supported by the votes of not less than

two-thirds of all the members in the House

Provided that when a person who is not a member of

the House of Representatives is elected to be the Speaker of

the House of Representatives, he shall not be treated as a

member of the House for the purpose of establishing the

majority required by this subsection.

(3) (a) Subject to the provisions of subsection

(4) of this section the Auditor General shall hold office

for a period of five years from the date of his

appointment and shall be eligible for reappointment for

one further period of five years.

(b) Where the Auditor General has been

appointed from among public officers and at the end of

his appointment is below the retiring age in the public

service, the person so appointed shall revert to the public

service and shall continue to enjoy the salary and

allowances referred to in subsection (6).

(c) It shall not be lawful for the Auditor

General, during his tenure of such office, to hold any

other office of profit or otherwise with the Government

of Malta or with any commercial or professional venture

whatsoever.

(4) (a) The Auditor General may at any time

be removed or suspended from his office by the

President, upon an addres·s from the House of

Representatives supported by the votes of not less than

two-thirds of all members in the House, praying for such

removal on the ground of proved inability to perform

the functions of his office (whether arising from

infirmity of body or mind or any other cause) or proved

misbehaviour, and the provisions of paragraph (a) of

the proviso to subsection (2) of this section shall also

apply for the purpose of establishing the majority

required under this subsection.

(b) At any time when Parliament is not in

session, the Auditor General may be suspended from

his office by the President, acting in accordance with

his own deliberate judgement, for inability to perform

the functions of his office or misbehaviour proved to

the satisfaction of the President; but any such suspension

shall not continue in force beyond two months after the

beginning of the next session of Parliament.

(5)

The accounts

(a) of all departments and offices of the

Government of Malta, including the office of the Public

Service Commission, and the office of the Clerk of the

House of Representatives and of all Superior and Inferior

Courts of Malta, and

(b) of such other public authorities or other

bodies administering, holding, or using funds belonging

directly or indirectly to the Government of Malta as may

be prescribed by or under any law for the time being in

force in Malta,

shall be audited and reported upon annually by the Auditor

General to the House of Representatives and for that purpose

the Auditor General or any person authorised by him in that

behalf shall have access to all books, records, returns and

other documents relating to those accounts.

(6) (a) There shall be paid to the Auditor General

such salary and such allowances as may from time to

time be prescribed or allowed for a Judge of the Superior

Courts.

(b) Such salary and allowances shall be a charge

on the Consolidated Fund and the provisions of

subsection (3) of section 107 of the Constitution shall

apply to such salary.

(7) The Auditor General shall not enter upon the

duties of his office unless he has taken and subscribed before

the President the oath of allegiance and such oath for the due

execution of his office as may be prescribed by any law for

the time being in force in Malta.

(8) Parliament may by law from time to time

provide for the manner in which the reports of the Auditor

General shall be made.

(9) (a) There shall also be a Deputy Auditor

General whose office shall be a public office and who

shall have such functions as the Auditor General may

from time to time delegate to him and who shall,

whenever the office of Auditor General is temporarily

vacant, and until a new Auditor General is appointed,

and whenever the holder of the office is absent from

Malta or on vacation or is for any reason unable to

perform the functions of his office, perform the functions

of Auditor General.

(b) The provisions of subsection (2),

paragraphs (a) and (c) of subsection (3), subsection (4),

paragraph (b) of subsection (6) and subsection (7) of

this section shall apply to the Deputy Auditor General.

(c) There shall be paid to the Deputy Auditor

General such salary and such allowances as may from

time to time be prescribed or allowed to a Magistrate of

the Inferior Courts.

(d) Where the Deputy Auditor General has

been appointed from among public officers and at the

end of his appointment is below the retiring age in the

public service, the person so appointed shall revert to

the public service and shall continue to enjoy the salary

and allowances referred to in this subsection.

(10) (a) There shall be a National Audit Office

consisting of the Auditor General, who shall be the head

of that office, the Deputy Auditor General and such other

officers, appointed by the Auditor General, as the Auditor

General may consider necessary to assist him in the

proper discharge of his office, and the provisions of

section 11 0 of this Constitution shall not apply to the

officers appointed to the National Audit Office.

(b) Parliament may from time to time by law

provide for the manner in which funds shall be allocated

to the National Audit Office and iu the manner whereby

the accounts of the National Audit Office shall be audited

and reported upon.

(11) Nothing in this section shall be construed as

precluding the grant of any other functions or powers on the Auditor

General or the National Audit Office by or under any law for the

time being in force.

(12) In the exercise of their functions under the

Constitution the Auditor General and the Deputy Auditor General

shall not be subject to the authority or control of any person.".

In subsection (1) of section 123 of the Constitution for the

words "Where any person" there shall be substituted the words "Save

as otherwise provided in this Constitution, where any person".

Section 124 of the Constituion shall be amended as follows

(a) in subsection (2) thereof, immediately after the words

"of the Superior Courts," there shall be inserted the words "service

in the office of Auditor General and Deputy Auditor General,";

and

(b) in subsection (7) thereof, for the words "100 or 108"

there shall be substituted the worcis "100 or 108 (1) or (9)".

Passed by the House of Representatives at Sitting No.96 of Tuesday, 15th

Myriam Spiteri Debono

Speaker

RICHARD J. CAUCHI

Clerk to the House of Representatives.

1ppubblikat mid-Dipartimenr ta' I-lnformazzjonj - 3, Pjazza Kastilja - Published by the Departmenl of Inf0rmt11ion _ 3, Castille PIaU