ACT No. XXII of 2019 AN ACT to amend the Animal Welfare Act, Cap. 439.

I assent.

(L.S.)

GEORGE VELLA

President

16th July, 2019

ACT No. XXII of 2019

AN ACT to amend the Animal Welfare Act, Cap. 439.

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:-

(1) The short title of this Act is the Animal Welfare

(Amendment) Act, 2019, and this Act shall be read and construed as

one with the Animal Welfare Act, hereinafter referred to as "the

principal Act".

(2)

This Act shall come into force on such date as the Minister

responsible for Veterinary Services may by notice in the Gazette

establish, and different dates may be so established for different

provisions or different purposes of this Act.

(3) A notice under sub-article (2) may make such transitional

provisions as appear to the Minister to be necessary or expedient in

connection with the provisions thereby brought into force.

Immediately after the definition "prescribed" in article 2 of Amendment of

article 2 of the

the principal Act, there shall be added the following new definition

principal Act.

" "tether" means to restrain an animal by tying it to any

stationary object or structure, by any means, including but not

limited to, a chain, rope, cord, leash, pulley or cable run, but

shall not include the use of a leash when walking a dog in a

public place;".

Article 44B of the principal Act shall be amended as follows

Amendment of

article 44B of

the principal

(a) paragraph (b) of sub-article (1) thereof, shall be

Act.

substituted by the following

"(b) (i) seize any animal which has been subject

or likely to be subject to ill treatment or in relation to

which an offence under this Act or any regulations under

the Act has been or is likely to be committed;

(ii) seize any equipment, animal products, gear,

instruments and, or appliances which he believes has been

used in the commission of such offence or in respect of

which he believes such offence has been committed or that

is the result of an offence under this Act or any regulations

under the Act;

(iii) seize or take copies of any documents which he

believes are relevant to any such offence under this Act or

any regulations under the Act;";

(b) paragraphs (c) to (g) of sub-article (1) thereof, shall

be renumbered as paragraphs (d) to (h) and immediately after

paragraph (b) of sub-article (1) thereof there shall be added the

following new paragraph (c) as follows

"(c) forfeit, seal off and render non-functional any

equipment, apparatus or materials used in offences;";

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

article (6) and immediately after sub-article (4) thereof, there

shall be added the following new sub-article (5)

"(5) At his discretion, the Director for Animal

Welfare or Director for Veterinary Services may not return

to their owners any animals and, or objects that are

confiscated, impounded, seized or in any way removed by

the Director for Animal Welfare or Director for Veterinary

Services

Provided that the Director for Animal Welfare

or Director for Veterinary Services may also dispose of

such animals and, or objects in line with regulations that

the Minister may make

Provided further that any expenses related to

the confiscation, impounding, seizure and, or disposal of

any animal and or object shall be fully borne by the

contravenor.".

Immediately after article 44B of the principal Act, there shall

be added the following new article

" Responsibility for

44C. Any animal welfare officer or any such

any loss or damage

officer or person authorised by the Director for

Veterinary Services or Director for Animal Welfare in

the performance of his functions under this Act or

under any other law administered by the Department,

shall not be liable for any loss or damage suffered by

any person by reason of anything done or omitted to be

done in good faith in the course of the administration

of this Act or of any other law.".

Sub-article (1) of article 45 of the principal Act shall be

substituted by the following

" Offences and

45. (1) Any person who acts in violation of this

Act or in breach of regulations made thereunder shall

(a) on first conviction, be liable to a fine

(multa) of not less than two thousand euro

(€2,000) but not exceeding sixty five thousand

euro (€65,000) or to a term of imprisonment for a

period not exceeding three (3) years or to both

such fine and imprisonment;

(b) on a second or subsequent conviction,

be liable to a fine (multa) of not less than six

thousand euro (€6,000) but not exceeding eighty

thousand euro (€80,000) or to a term of

imprisonment for a period not exceeding three (3)

years or to both such fine and imprisonment.".

The proviso to article 46 of the principal Act, shall be deleted. Amendment of

article 46 of the

principal Act.

Article 47 of the principal Act shall be amended as follows

Amendment of

article 47 of the

principal Act.

(a) in paragraph (a) of sub-article (1) thereof,

immediately after the word "Act" there shall be added the words

"and any regulations made thereunder";

(b) paragraph (b) of sub-article (1) thereof, shall be

substituted by the following

"(b) it would be more appropriate to impose a

penalty under this article,";

(c) the words "to be served on that person." in sub-article

(1) thereof, shall be substituted by the following "to be served on

that person:" and immediately thereafter there shall be added the

following new proviso

"Provided that in the case of a person who has

already been found guilty of an offence under this Act, the

provisions of sub-article (1) will not apply and criminal

proceedings will be instituted in case of a second offence

under this Act.";

(d)

sub-article (5) shall be substituted by the following

"(5) Where under this article a person admits an

offence, the Director for Veterinary Services or Director

for Animal Welfare shall impose a monetary penalty on

that person in respect of the offence, being a penalty not

exceeding eighty thousand euro (€80,000).".

Immediately after article 47 of the principal Act, there shall Addition of

article 47A to

the principal

Act.

be added the following new article

47A. The Minister may make regulations as shall be

deemed appropriate to provide for the establishment

and imposition of administrative penalties and other

enforcement and administrative measures as may be

specified therein.".

Passed by the House of Representatives at Sitting No. 248 of the

10th July, 2019.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.54