ACT No. XLIX of 2016 AN ACT further to amend the Central Bank of Malta Act, Cap.

I assent.

(L.S.)

DOLORES CRISTINA

Acting President

11th November, 2016

ACT No. XLIX of 2016

AN ACT further to amend the Central Bank of Malta Act, Cap.

204. BE IT ENACTED 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:-

The short title of this Act is the Central Bank of Malta

(Amendment No. 2) Act, 2016.

PART I

Amendments to the Central Bank of Malta Act

This Part amends the Central Bank of Malta Act and it

shall be read and construed as one with the Central Bank of Malta

Act, hereinafter referred to as "the principal Act".

In paragraph (a) of article 35 of the principal Act, for the

words "any directives issued under articles 34(5) or 34A;" there shall

be substituted the words "any directives issued under articles 17A,

34(5) or 34A;".

Articles 45, 46, 47, 48, 49, 52, 53 and 55 of the principal

Act shall be deleted.

Article 50 of the principal Act shall be amended as

follows

(a)

sub-article (4) thereof shall be deleted; and

(b)

sub-article (5) thereof shall be renumbered as sub-

article (4).

In paragraph (a) of article 56 of the principal Act, for the Amendment of

words "any directives issued under articles 34(5), 34A(1), 43A, 50A article

principal Act.

or 60A;" there shall be substituted the words "any directives issued

under articles 17A, 34(5), 34A(1), 50A or 60A;".

PART II

Consequential Amendments to the Criminal Code

This part amends the Criminal Code and it shall be read Consequential

and construed as one with the Criminal Code, hereinafter referred to Amendments

the Criminal

as "Code".

Code

Sub-article (1) of article 5 of the Criminal Code shall be Amendment to

article 5 of the

amended as follows

Criminal Code.

(a) in paragraph (d) thereof, immediately after the

words "or of the offences mentioned in articles 133, 139A,"

there shall be added the words "or of the offences mentioned in

articles 188B, 188C, 188D,"; and

(b) immediately after sub-paragraph (ii) of paragraph

(e) thereof, there shall be added the following

"(iii) shall have committed any of the offences under

articles 188B to 188D,".

Immediately after article 188 of the Criminal Code, there Addition of new

Sub-title III to

shall be added the following new Sub-title

Title V of Part II

of the Criminal

Code. Cap. 9.

"Sub-title III

OF COUNTERFEITING OF CURRENCY

188A. For the purposes of the following provisions

Reference to

currency.

of this Sub-title, any reference to the term "currency"

shall be a reference to euro banknotes or euro coins or

any other note or coin by whatever name called, which is

legal tender in the country outside Malta in which it is

issued and which is designated for circulation as legal

tender, even if it has not been issued yet.

188B. (1) Whosoever fraudulently makes, alters, or

forges any currency or utters any forged currency

knowing the same to be forged shall be liable, on

conviction, to imprisonment for a term of not less than

two years and not exceeding nine years

Provided that where the forged currency is uttered

by a person who proves that at the time at which it came

into his custody or possession he did not know the same

to be forged, the punishment shall be reduced to a term of

imprisonment of not less than two months and not

exceeding three years.

(2) Whosoever makes use of legal facilities or

materials to manufacture any currency in violation of the

rights and conditions under which such facilities or

materials are to be used shall be liable, on conviction, to

imprisonment for a term of not less than two years and

not exceeding ten years.

188C. Whosoever without lawful authority imports,

exports, transports, purchases, receives, obtains, or has in

his custody or possession forged currency knowing the

same to be forged shall be liable, on conviction, to

imprisonment for a term of not less than thirteen months

and not exceeding five years.

188D. Whosoever without lawful authority -

(a) makes, receives, obtains, uses or knowingly

has in his custody or possession, any paper intended to

resemble and pass as special paper such as is provided

and used for the making of any currency note, or any such

special paper;

(b) makes, receives, obtains, uses or knowingly

has in his custody or possession, any frame, mould or

instrument for making such paper, or for producing in or

on such paper any words, figures, letters, marks, lines, or

devices, peculiar to and used in or on any such paper;

(c) engraves or in any way makes upon any plate,

wood, stone, or other material, or produces in electronic

or digital form, any words, figures, letters, marks, lines or

devices, the print whereof resembles in whole or in part

the words, figures, letters, marks, lines or devices,

peculiar to and used in or on any currency;

(d) makes, receives, obtains, uses or knowingly

has in his custody or possession any plate, wood, stone or

other material, or any other electronic or digital storage

device upon which any such words, letters, figures,

marks, lines, or devices, have been engraved, produced or

stored in electronic or digital form, or in any way made as

aforesaid;

(e) makes, receives, obtains, uses or knowingly

has in his custody or possession any paper or other

material whatsoever made upon which any such words,

figures, letters, marks, lines, devices, holograms or other

components or security features which serve to protect

against counterfeiting, have been printed or in any way

made as aforesaid;

(f) makes, receives, obtains, uses or knowingly

has in his custody or possession instruments, articles,

computer programmes and data, and any other means

specifically adapted for the counterfeiting or altering of

currency;

(g) makes, receives, obtains, uses or knowingly

has in his custody or possession any die or other

instrument or machine exclusively intended for coinage,

shall be liable, on conviction, to imprisonment for a term

of not less than thirteen months and not exceeding five

years.

188E. Whosoever without lawful authority or lawful

or reasonable excuse mutilates, cuts, tears, melts down,

impairs, or perforates with holes, any currency or in any

way defaces any currency by writing, printing, drawing,

or by any means whatsoever, or stamping thereon, or by

attaching or affixing thereto anything in the nature or

form of an advertisement, shall be liable, on conviction,

to a fine (multa) not exceeding one hundred and fifteen

euro (€115).

188F. If, in the course of criminal proceedings, the

court deems it necessary to order the destruction of

counterfeit currency, it shall consult with the Central

Bank of Malta beforehand and shall, if and as the Central

Bank of Malta may require, refrain from ordering their

destruction and proceed to consign such currency to the

Central Bank of Malta for examination.

188G. (1) In accordance with the provisions of

Council Regulation (EC) No 2182/2004 concerning

medals and tokens similar to euro coins, and as

subsequently amended, whosoever, unless authorised by

the Commission of the European Union, produces, sells,

imports or distributes for sale or for other commercial

purposes medals and tokens, other than exempted medals

and tokens as provided in the said Regulation, similar to

euro coins, shall be guilty of an offence and shall, on

conviction, be liable to a fine (multa) not exceeding

twenty-three thousand euro (€23,000), or to

imprisonment for a term not exceeding six months, or to

both such fine and imprisonment.

(2) The provisions of sub-article (1) shall not

apply to medals and tokens issued before 6 December

2004.

188H. The provisions of articles 121D and 248E(4)

shall apply mutatis mutandis to offences under articles

188B to 188D.".

Passed by the House of Representatives at Sitting No. 447 of the

2nd November, 2016.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€0.54