ACT No. X of 2020 AN ACT to amend the Public Health Act, Cap. 465.

I assent.

(L.S.)

GEORGE VELLA

President

25th March, 2020

ACT No. X of 2020

AN ACT to amend the Public Health Act, Cap. 465.

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 Public Health (Amendment)

Act, 2020, and this Act shall be read and construed as one with the

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

In sub-paragraph (v) of paragraph (c) of article 27 of the

principal Act, the words "of such disease;" shall be substituted by the

words "of such disease:" and immediately thereafter there shall be

added the following new proviso

"Provided that the power of the Superintendent to

prescribe such other matter as the Superintendent may deem

expedient for the prevention or mitigation of such disease shall

include and shall be deemed to have always included the power

to provide for any matter which is ancillary or consequential to

an order issued under this paragraph including the suspension of

any time limits including, but not limited to, legal or judicial

time limits, which shall be deemed to include periods of

prescription, and any peremptory time limits provided for in any

other law as a consequence of the order for the closure of

government departments or other places from where public

services are provided or of any other order issued under this

paragraph as the Superintendent deems expedient;".

Immediately after article 44 of the principal Act there shall be Addition of new

added the following new article

44A. (1) Where a charge for breach of the

provisions of this Act consists of a charge of a breach of

any order given by the Superintendent listed in the

Schedule to the Commissioners for Justice Act, the

person charged shall be tried in accordance with the

Commissioners for Justice Act and shall be liable, on

conviction by the Commissioner for Justice, hereinafter

referred to as "the Commissioner", to a penalty of

between one thousand euro (€1, 000) and ten thousand

euro (€10, 000).

(2) Where a person charged with an offence as

provided for in sub-article (1) is a person not habitually

resident in Malta, any penalty due in terms of the

provisions of the said sub-article shall, unless the charge

is contested, be paid in its minimum through electronic

means and without proceedings before the

Commissioner, at any place and in such manner as may

be established by the Minister. Such payment may only

be made through credit card or other bank transfer

within twelve hours from the time when the said person

is notified of the charge during which time the

Executive Police shall have the power to keep the said

person in detention until payment is made

Provided that where a charge to which this sub-

article applies is contested or where no payment of the

penalty as provided above in this sub-article is made,

the provisions of this sub-article shall cease to apply in

respect of the person to be charged and the case shall

proceed in accordance with the provisions of this Act.".

Consequential Amendments

In sub-article (1) of article 4 of the Emergency Powers Act,

immediately after the words "the public safety," there shall be added

the words "the public health,".

In the first column of the Schedule to the Commissioners of

Justice Act, there shall be added the following items

"Enforcement of Directions relating to Quarantine

Regulations, 2020

Enforcement of the Order relating to the Closure of

Places Open to the Public Regulations, 2020

Enforcement of the Order relating to the Closure of

Non-Essential Retail Outlets and Outlets Providing

Non-Essential Services Regulations, 2020

Enforcement of the Order relating to the Suspension

of Organised Events Regulations, 2020

Enforcement of the Order relating to Self-Isolation

of Diagnosed Persons Regulations, 2020.".

Passed by the House of Representatives at Sitting No. 314 of the

24th March, 2020.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0 .36