ACT No. I of 2023 AN ACT to amend the Animal Welfare Act, Cap. 439.

I assent.

(L.S.)

GEORGE VELLA

President

20th January, 2023

ACT No. I of 2023

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

BE IT ENACTED by the President, by and with the advice and

consent to 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

commencement.

(Amendment) Act, 2023 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 within two (2) months from its

publication in the Gazette.

Article 1 of the principal Act shall be substituted by the

following new article

1. (1)

The short title of this Act is the Animal

"Short title and

scope.

Welfare Act.

(2) The scope of this Act is to establish and

consolidate the protection and well-being of animals kept

for work, sports, shows, commercial reasons,

companionship, food, conservation, education, as private

collections, medical reasons and experimentation.".

Article 2 of the principal Act shall be amended as follows

Amendment of

article 2 of the

principal Act.

(a) the definition "circus" shall be substituted by the

following new definition

" "circus" means any exhibition put on by exhibitors

for profit, and viewed by the public for entertainment

which offers amusement and display, and where animals

are made to perform tricks or manoeuvres, which do not

reflect their natural behaviour or does not offer any

educational value;"; and

(b) the definition "tether" shall be substituted by the

following new definition

" "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

domestic animal in a public place;".

Immediately after sub-article (10) of article 4 of the principal Amendment of

article 4 of the

Act there shall be added the following new sub-article

principal Act.

"(11) No person shall be qualified to be a member of

the Council for Animal Welfare if such person

(a) is a Member of the House;

(b) is serving as a judge or magistrate;

(c) is legally incapacitated or interdicted;

(d) is an undischarged bankrupt, having been

adjudged or otherwise declared bankrupt under any law in

force in Malta, or has made composition or arrangement

with his creditors;

(e) is interdicted or incapacitated for any mental

infirmity or for prodigality by a court in Malta, or is

otherwise determined to be of unsound mind; or

(f) has been convicted of a crime affecting public

trust or theft or fraud, or of knowingly receiving property

obtained by theft or fraud, or an offence against this Act

and, or regulations made thereunder and, or an offence

against the Veterinary Services Act and, or regulations

made thereunder.".

Article 8 of the principal Act shall be amended as follows

Amendment of

article 8 of the

principal Act.

(a) sub-article (1) thereof shall be substituted by the

following new sub-article

"(1) The Minister may make regulations providing

for the manner in which such species of animals as may be

prescribed shall be cared for, fed, medicated, watered,

treated and trained, and the qualifications of persons who

shall be responsible thereof."; and

(b) sub-article (2) thereof shall be substituted by the

following new sub-article

"(2) No animal shall be caused any unnecessary pain,

suffering or distress or subjected to any activities which

are not in his nature. No animal shall be abandoned

Provided that for the purposes of this sub-article,

the words "activities which are not in their nature" shall

also include activities of a sexual nature between a person

and an animal, whether by any part of the body or by any

object, unless that object is used for medical intervention

and medical purposes.".

Immediately after article 31F of the principal Act there shall

be added the following new article

The provisions of this Part shall not apply to the

use of animals as props or extras in artistic, theatrical, or

cinematic performances, sporting competitions or any

other event which does not compromise in any way the

protection or the welfare of the animals which may be

approved by the Director for Veterinary Services under

the conditions that he deems fit.".

7. Immediately after article 43 of the principal Act there shall be

added the following new article

The Minister may make regulations, when

necessary, to regulate certain animal breeds.".

8. Article 44A of the principal Act shall be amended as follows

(a) paragraph (f) of sub-article (2) thereof shall be

substituted by the following new paragraph

"(f) review and investigate, either out of his own

motion or following a complaint received by him, the

functions and workings of the Directorate of Veterinary

Services, or the Directorate responsible for Animal

Welfare;"; and

(b) paragraph (f) of sub-article (3) thereof shall be

substituted by the following new paragraph

"(f) has been convicted of a crime affecting public

trust or theft or fraud, or of knowingly receiving property

obtained by theft or fraud, or an offence against this Act

and, or regulations made thereunder and the Veterinary

Services Act and, or regulations made thereunder.".

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

(a)

sub-article 1 thereof shall be amended as follows

(i) paragraph (a) thereof shall be substituted by the

following new paragraph

"(a) enter any premises, public or private, at all

times, and in the case of a dwelling house after giving

reasonable notice of at least twenty-four (24) hours, to

inspect, detect and investigate any offence under this Act

which has been or is likely to be committed, to collect

evidence and, without prejudice to the generality of the

powers to examine under this Act, such persons shall

have the power to examine any animal, food, feed,

medicine, structure, animal housing system, enclosure,

vehicle, station, documents, equipment or laboratory.

Any person entering any premises in pursuance to this

sub-article shall produce his authority or his identity prior

to or upon entering such premises

Provided that the twenty-four (24) hours notice

to enter into a dwelling house shall not be applicable if

the Director himself and not any other official acting

under his delegated authority, considers that there is

reasonable suspicion, on the basis of substantiated

grounds, that an offence under the Act or the regulations

made thereunder has been committed or is about to be

committed

Provided further that in the event that the owner

of a private property or any other premises cannot be

identified or cannot be identified despite reasonable

efforts, the officer may enter by means of force and

without the consent or prior warning of the owner of said

private property, for the purposes of assisting, attending

to, and caring for an animal who is in distress and whose

life or health, in the discretion of the Director, is in

serious jeopardy

Provided further that in all instances referred to in

the preceding two provisos, the Director shall within

twenty-four (24) hours from execution file an application

before the competent Court therein giving reasons for his

actions, and that application shall be determined by that

Court after the Court has given any directives it deems

appropriate;"; and

(ii)

sub-paragraph (ii) of paragraph (b) thereof

shall be substituted by the following new sub-paragraph

"(ii) seize any equipment, medicine, animal

product, gear, instrument and, or appliance which he

believes have 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 this

Act"; and

(b)

sub-article (2) thereof shall be substituted by the

following sub-article

"(2) For the purpose of performance of any function

under this Act, the Director for Veterinary Services,

Director for Animal Welfare, animal welfare officers or

any other such officer or person as may be authorised by

the Director for Veterinary Services or Director for Animal

Welfare may request the assistance of the Malta Police

Force, any local council, any voluntary organisation or

private sector, any department of Government or any

government agency.".

10. Article 45 of the principal Act shall be amended as follows

(a) the proviso to paragraph (b) of sub-article (1) thereof

shall be substituted by the following

"Provided that when a person is found guilty of a

breach of the provisions of this Act or the regulations

made thereunder consisting of ill-treatment of animals,

the Court may when it deems it to be appropriate, in

addition to the punishment, prohibit the person found

guilty from keeping animals or from residing in a place

where animals are kept for such period as the Court may

determine

Provided further that the Court, upon the request

of the prosecution, may issue a court decree during the

course of proceedings if it is satisfied that there is prima

facie evidence for the issue of the court order against a

person charged with a breach of the provisions of this Act

or any of the regulations made thereunder consisting of

ill-treatment of animals in order to prohibit that person

from keeping animals until the judgment becomes res

judicata

Provided further that the Commissioner for

Animal Welfare shall maintain a register called the

" O f f e n d e r s o f t h e A n i m a l We l f a r e A c t a n d i t s

Regulations" within which there shall be noted down the

name of any convicted person by the Court of a breach of

the provisions of this Act or any of the regulations made

thereunder and where it is declared by the Court that the

convict shall be prohibited from keeping animals for such

period as the Court may determine. An authentic copy of

the relevant judgment or court decree, shall also be kept

in the register."; and

(b) sub-article (3) thereof shall be substituted by the

following new sub-article

"(3) Without prejudice to the provisions of sub-

article (1), any person found guilty of committing an

offence under this Act or any of the regulations made

thereunder shall, in addition to the punishments prescribed

under the last foregoing sub-article, be ordered by the

Court to pay for any expenses incurred for the treatment,

relocation or forfeiture of animals from any place in Malta,

the revocation of any permits issued for the operation of

any activity regulated under this Act and, or the regulations

made thereunder and for other reasonable expenses as the

Court may deem fit.".

Passed by the House of Representatives at Sitting No. 76 of the 16th

January, 2023.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.72