ACT No. XV of 2006 AN ACT to amend various laws for the enforcement of consumer protection powers.

I assent.

G EORGE H YZLER

(L.S.)

Acting President

8th August, 2006

ACT No. XV of 2006

AN ACT to amend various laws for the enforcement of consumer

protection powers.

(1) The short title of this Act is the Consumer Protection Short title.

Laws (Amendment) Act, 2006.

(2) The provisions of this Act shall be deemed to have come

into force on the 29 th December, 2005.

Part I

This Part amends and shall be read and construed as one with Amendment to the

Consumer Affairs

the Consumer Affairs Act, hereinafter in this Part referred to as “the Act, Cap. 378.

principal Act”.

Article 2 of the principal Act shall be amended as follows>

Amendment of

article 2 of the

principal Act.

(a) immediately after the definition “registered consumer

association” there shall be inserted the following new definition>

“ “consumer protection co-operation Regulation” means

Regulation (EC) No 2006#2004 of the European Parliament

and of the Council of 27 October 2004 on co-operation

between national authorities responsible for the enforcement

of consumer protection laws (text with EEA relevance)<”< and

(b) immediately after the definition “Director” there shall

be added the following new definition>

“ “EEA State” means a State which is a contracting party

to the agreement on the European Economic Area signed at

Oporto on the 2nd May, 1992 as amended by the Protocol

signed at Brussels on the 17th March, 1993 and as amended

by any subsequent Acts<”.

Subarticle (2) of article 3 of the principal Act shall be amended

as follows>

(a) in paragraph (d) thereof, the word “and” at the end of

the paragraph shall be deleted< and

(b) immediately after paragraph (e) there shall be added the

following new paragraphs>

“(f) to serve as and perform the functions of a

competent authority in terms of the consumer protection co-

operation Regulation< and

(g) to serve as and perform the functions of the single

liaison office in Malta responsible for coordinating the

application of the consumer protection co-operation

Regulation.”.

Article 12 of the principal Act shall be amended as follows>

(a) immediately after the words “under the provisions of

article 9,” there shall be inserted the words “or a breach of or a

failure to comply with the provisions of articles 44 to 50 or with

the provisions of the Doorstep Contracts Act” and immediately

after the words “against the trader under the relevant regulation”

there shall be inserted the words “or provision”<

(b) immediately after subarticle (1) thereof, there shall be

added the following new subarticle>

“(2) Where the Director deems it appropriate, he may

order the publication of the said undertaking in at least two

daily newspapers, and that the relative expenses shall be borne

by the trader<” and

(c) subarticles (2), (3) and (4) shall be renumbered as

subarticles (3) (4) and (5) respectively.

In paragraph (f) of the definition “producer” in article 56 of Amendment

article 56 of the

the principal Act, for the words “outside Malta, any person who imports principal Act.

into Malta” there shall be substituted the words “outside an EEA State,

any person who imports into an EEA State”.

Article 71 of the principal Act shall be substituted by the Substitution of

article 71 of the

following new article>

principal Act.

“71. This part shall apply to products which are put into

circulation in any EEA State as from 1st May, 2004.”.

Immediately after article 71 in Part VII of the principal Act Addition of new

article 71A to the

there shall be added the following new article>

principal Act.

“71A. The purpose of this Part is to implement the

provisions of Council Directive 85#374#EEC of 25 July 1985 on

the approximation of the laws, regulations and administrative

provisions of the Member States concerning liability for defective

products as amended by Directive 1999#34#EC of the European

Parliament and of the Council of 10 May 1999 and this Part shall

be applied and interpreted accordingly.”.

Article 102 of the principal Act shall be amended as follows> Amendment of

article 102 of the

principal Act.

(a) article 102 of the principal Act shall be renumbered as

subarticle (1) thereof<

(b) immediately after subarticle (1) as renumbered, there

shall be added the following new subarticle>–

“(2) Where there is an exchange of officials from

competent authorities in terms of the consumer protection

co-operation Regulation, the Director may in writing authorise

such officials to perform, in full or in part, any of the functions

or exercise any of the powers granted to him under this Part.”.

Immediately after article 104 of the principal Act, there shall Addition of new

article 104A to the

be added the following new article 104A.

principal Act.

104A. (1) Notwithstanding anything contained in

this Act, the Director may, in order to carry out his function

as competent authority under the consumer protection co-

operation Regulation, request, receive, disclose and exchange

information in matters of mutual assistance with other

competent authorities in terms of the consumer protection

co-operation Regulation and the Data Protection Act.

(2) Notwithstanding the provisions of any other

law, the Director may produce as evidence before any court

or tribunal any such information, including documents,

findings, statements, certified true copies or intelligence

received from competent authorities in terms of subarticle

(1).” .

Part II

This Part amends and shall be read and construed as one

with the Civil Aviation Act, hereinafter in this Part referred to as “the

principal Act”.

Article 3 of the Principal Act shall be amended as follows>

(a) in paragraph (c) of subarticle (1) thereof the words “under

this Act.” shall be substituted with the words “under this Act<”

and immediately after the said paragraph (c) there shall be added

the following new paragraph>

“(d) for implementing any European Community

obligation in matters relating to air transport or civil aviation.”<

and

(b) immediately after subarticle (4) thereof there shall be

added the following new subarticle>

“(5) Regulations or orders under this article may, for

the purpose of the proper implementation and enforcement

thereof, provide for the granting of the power to the Director

of Civil Aviation to enter and search any premises, to have

access to any relevant document in any form, to require any

person to supply any relevant information, to carry an on-site

inspection, to issue an order to any person to cease from doing

any thing which constitutes an infringement of this Act or of

any regulation or order made thereunder and to demand from

any person an undertaking to desist from doing any such

thing and to publish any such undertaking and any decision

of the Director related to the said regulations or orders.”.

Part III

This Part amends and shall be read and construed as one

with the Broadcasting Act, hereinafter in this Part referred to as “the

principal Act”.

Immediately after article 16A of the principal Act there shall Addition

article 16B to the

be added the following new article 16B>-

principal Act.

(1) The Authority is hereby entrusted with

licensing broadcasting content on digital radio services.

(2) The Prime Minister may, following agreement

with the Authority, make regulations to give better effect

to the provisions of this article and may, without

prejudice to the generality of the foregoing, prescribe>

(a) the method of application, including the

forms, to be used in an application for a digital radio

broadcasting licence<

(b) the information of a technical nature or

otherwise to be supplied with each application<

(c) the conditions under which a digital radio

broadcasting licence may be issued, as well as the

conditions under which it can be amended, altered,

suspended or revoked<

(d) the conditions under which any

installation, apparatus or other property of a digital

radio broadcasting licensee, shall be installed,

operated, maintained, protected, controlled, or in

any way safeguarded and the prohibition of the use

of any dangerous installation, apparatus or fittings<

(e) any tariff of prices, fees and charges

which may be or are required to be prescribed by

or under the provisions made thereunder and the

time, place and manner for the payment of such

prices, fees or charges and the mode of collection

and disposal thereof<

(f) the period for which a digital radio

broadcasting licence shall remain operative<

(g) the conditions under which any persons

holding a digital radio braodcasting licence under

this article shall operate digital radio broadcasting

services<

(h)

the qualifications to be possessed by

persons before they may be entrusted with the

construction, repair, alteration or control of any

apparatus or installation to be availed of by any

digital radio broadcasting contractor or licensee, and

the nature of the tests to be employed for

ascertaining whether persons possess such

qualifications<

(i) the measures to be taken and the fittings

to be supplied and used in connection with

installations in order to secure public safety and

private safety<

(j) the means to be adopted, whether by

prohibition or otherwise, to prevent or abate any

danger, damage or nuisance likely to arise or arising

from the working of any installations or apparatus

used by a digital radio broadcasting contractor or

licensee<

any other matter which the Prime Minister and the Authority

consider necessary or expedient for the better carrying out of

the provisions of this Act for securing the safety of the public,

or for giving effect to, and securing compliance with, any or

all of the directives or codes which may be issued by the

Authority by virtue of this Act, or in general for ensuring

adequate digital radio broadcasting services or the proper

monitoring and supervision of such services in Malta.”.

Article 37 of the principal Act shall be amended as follows>

15. (a) paragraph (f) of subarticle (2) thereof shall be

renumbered as paragraph (g) thereof<

(b) immediately after paragraph (e) of subarticle (2) thereof,

there shall be added the following new paragraph>

“(f) to implement any European Community obligation

in matters relating to broadcasting.”< and

(c) immediately after subarticle (2) thereof there shall be

added the following new subarticle>

“(3) Regulations made under subarticle (2) may, for

the purpose of the proper implementation and enforcement

thereof, provide for the granting of the power to the

Broadcasting Authority and to any of its officers and

employees to enter and search any premises, to have access

to any relevant document in any form, to require any person

to supply any relevant information, to carry an on-site

inspection, to issue an order to any person to cease from doing

any thing which constitutes an infringement of this Act or of

any subsidiary legislation made thereunder and to demand

from any person an undertaking to desist from doing any such

thing and to publish any such undertaking and any decision

of the Authority, its officers and employees related to the

said subsidiary legislation.”.

PART IV

16. This part amends the Malta Standards Authority Act and it Amendment of the

Malta Standards

shall be read and construed as one with the Malta Standards Authority Authority Act, Cap.

Act, hereinafter in this Part referred to as “the principal Act”.

419.

In the definition “Minister” for the words “responsible for Amendment of

article 2 of the

industry” there shall be substituted the words “responsible for the Malta principal Act.

Standards Authority”.

PART V

This Part amends the Metrology Act and it shall be read and Amendment of the

Metrology Act,

construed as one with the Metrology Act, hereinafter in this Part referred Cap. 454.

to as “the principal Act”.

In subarticle (2) of article 1 of the principal Act, for the words Amendment of

article 1 of the

“responsible for industry” there shall be substituted the words principal Act.

“responsible for the Malta Standards Authority”.

In the definition “Minister” for the words “responsible for Amendment of

article 2 of the

industry” there shall be substituted the words “responsible for the Malta principal Act.

Standards Authority”.

A

Passed by the House of Representatives at Sitting No. 426 of 26th July, 2006.

A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives