ACT No. XX of 2012 AN ACT to amend the Explosives Ordinance (Cap. 33) 1. (1) The short title of this Act is the Explosives Short title and Ordinance (Amendment) Act, 2012, and this Act shall be read and commencement.

I assent.

G EORGE A BELA

(L.S.)

President

23rd November, 2012

ACT No. XX of 2012

AN ACT to amend the Explosives Ordinance (Cap. 33)

(1) The short title of this Act is the Explosives Short title and

Ordinance (Amendment) Act, 2012, and this Act shall be read and commencement.

construed as one with the Explosives Ordinance, hereinafter in this Cap. 33.

Act referred to as "the Ordinance".

(2) The provisions of this Act shall come into force on such a

date as the Minister responsible for the Police may by notice in the

Gazette establish, and different dates may be so established for

different provisions or different purposes of this Act.

(1) In paragraph (f) of article 4 of the Ordinance for the Amendment of

words "within twenty-four hours." there shall be substituted the article

Ordinance.

words "within twenty-four hours:" and immediately thereafter there

shall be added the following new proviso

"Provided that, independently of the conditions above-

mentioned, the Commissioner of Police may, whether of his

own accord as well as on the recommendations specifically

made by the Inspectorate Committee, impose different and

onerous conditions, among which that the explosives be stored

in a separate and distinct place from the one wherein they are

prepared, as well as that the factory schedules its tasks

according to the manner in which the Commissioner of Police

may prescribe, as to those amounts, times and necessary

methods, and that by the 15th December of each year, a detailed

plan of action be submitted for the following year.";

(2) In sub-paragraph (iii) of paragraph (a) of article 4 of the

Ordinance the words "such a factory;" shall be substituted by the

words "such a factory:" and immediately thereafter there shall be

added the following new proviso

"Provided that the distance of one hundred and eighty three

metres referred to in this paragraph shall be measured from the

centre of the magazine;".

In sub-article (1) of article 8 of the Ordinance, for the

words "delivery is made." there shall be substituted the words

"delivery is made:", and immediately thereafter there shall be added

the following new proviso

"Provided that fireworks factories shall also keep such

registers as may be prescribed by regulations made by the

Minister responsible for the police.".

Article 16 of the Ordinance shall be deleted.

4.

In article 19 of the Ordinance, for the words "any child

apparently under the age of eighteen." there shall be substituted the

words "any person not in possession of a licence as prescribed under

this Ordinance or under regulations made under this Ordinance.".

Article 24 of the Ordinance shall be amended as follows

(a)

sub-article (2) thereof shall be deleted; and

(b) sub-articles (3) and (4) thereof shall be renumbered

as sub-articles (2) and (3) respectively.

Immediately after article 26B of the Ordinance there shall

be added the following new article

" Revocation

Fil-proviso li hemm mal-artikolu 40A tal-Ordinanza l-kliem

"is-setgħat tal-Kummissarju tal-Pulizija taħt xi liġi oħra" għandhom

jiġu sostitwiti bil-kliem "is-setgħat tal-Kummissarju tal-Pulizija taħt

din il-liġi jew taħt xi liġi oħra".

L-artikolu 45 tal-Ordinanza għandu jiġi mħassar.

Mgħoddi mill-Kamra tad-Deputati fis-Seduta Nru. 523 tad-19

ta’ Novembru, 2012.

M ICHAEL F RENDO

Speaker

R AYMOND S CICLUNA

Skrivan tal-Kamra tad-Deputati

Saving the provisions of any other law,

the Commissioner of Police shall revoke any

of licence.

licence or licences, as the case may be, issued

under this Ordinance or under regulations made

under this Ordinance to any person who

(a)

has been convicted of

(i) a serious offence against

the provisions of this Ordinance or

against the regulations made under

article 22; or

(ii) a serious offence involving

violence or attempted or threatened

violence against the person; or

(iii) a serious offence under the

Arms Act; or

(iv) an offence of bodily harm

with an arms proper or other instrument

or of taking up any arm proper or other

instrument against other persons; or

(v) an offence of theft; or

(vi) a serious offence against

the laws relating to the suppression of

prostitution, white slave traffic or traffic

of persons; or

(vii) a serious offence relating to

trafficking in drugs; or

(viii) any other serious offence

that the Minister may by regulation

prescribe from time to time

Provided that, notwithstanding anything

contained in the Probation Act, for the

purposes of this paragraph a person shall be

deemed to have been convicted even if any of

the provisions of the said Act may have been

applied in his regard; or

(b) has a history

(i) of drug dependence or

abuse; or

(ii) of treatment for mental

illness whether in a hospital, mental

institute, psychiatric clinic or otherwise,

and whether or not such person was

confined to such a hospital, institute or

clinic where such mental illness is

associated with the use by such person

of violence, or threatened or attempted

use of violence against another person

Provided that in this article the

words "serious offence" shall be taken to

mean an offence subject to a punishment

of imprisonment for one year or more.".

8. In the proviso to article 40A of the Ordinance the words

"any powers of the Commissioner of Police under any other law"

shall be substituted by the words "any powers of the Commissioner of

Police under this or any other law".

Article 45 of the Ordinance shall be deleted.

9. Passed by the House of Representatives at Sitting No. 523 of the

19th November, 2012.

M ICHAEL F RENDO

Speaker

R AYMOND S CICLUNA

Clerk to the House of Representatives