TRADING STAMPS SCHEMES (RESTRICTION) ACT

TRADING STAMPS SCHEMES (RESTRICTION)

CHAPTER 182

TRADING STAMPS SCHEMES

(RESTRICTION) ACT

To provide for the restricted use of trading stamps schemes and other

matters incidental thereto.

(18th December, 1964) *

ACT XXIII of 1964, as amended by Acts XIII of 1983 and VIII of 1990;

and Legal Notice 410 of 2007.

The short title of this Act is the Trading Stamps Schemes

(Restriction) Act.

In this Act, unless the context otherwise requires -

"association of persons" includes any company, partnership or

body of persons, whether corporate or unincorporate and whether

vested with legal personality or not;

"exempted person" means any promoter or operator of a trading

stamps scheme to whom the provisions of this Act do not apply

under article 6(1);

"gift" means a gift in cash or in kind and includes any valuable

advantage and any prize the giving of which depends upon the

outcome of a future uncertain event or of a combination of future

events;

"goods" means anything which is the subject of trade;

"importer" includes an agent having the exclusive representation

of a foreign firm for the sale or distribution in Malta of the goods of

that firm or of a local firm for the sale or distribution in Malta of

the goods manufactured by such local firm, and "to import" shall be

construed accordingly;

"manufacturer" includes the producer, and "to manufacture" shall

be construed accordingly;

"person" includes an association of persons;

"seller" means the transferor or assignor of goods against the

payment of any consideration whether in cash or in kind and

includes any party to the exchange of goods and "to sell" shall be

construed accordingly;

"trading stamp" means any stamp, coupon, voucher, token, label,

wrapper or similar device which is or is intended to be delivered to

any person upon or in connection with the purchase by that person

of any goods and is or is intended to be redeemable in specified

quantities by that or some other person against the receipt of a gift;

"trading stamps scheme" means any scheme, plan, promise, offer,

*See article 1(2) as originally enacted, which subarticle has been omitted under the

Statute Law Revision Act, 1980, and Government Notice No. 670 of the 18th of

December, 1964.

TRADING STAMPS SCHEMES (RESTRICTION)

obligation or similar arrangement or undertaking by which the

purchasers of specified goods or from specified sellers would be

entitled to receive gifts as an inducement for the purchase of such

specified goods or from such specified sellers against the delivery

of and in exchange for trading stamps.

(1) No person shall promote or operate or in any way and

to whatever extent assist or take part in the promotion of a trading

stamps scheme.

(2) No person shall issue, distribute, give or sell or shall in any

way be concerned in the issue, distribution, giving or sale of

trading stamps for the purpose of a trading stamps scheme.

(3) No person shall in any manner whatsoever advertise or

cause to be advertised or assist in the advertising of a trading

stamps scheme.

Any person who contravenes any of the provisions of this

Act shall be guilty of an offence and shall be liable on conviction

by the Court of Magistrates to a fine (multa) of not less than

twenty-three euro and twenty-nine cents (23.29) and not exceeding

two hundred and thirty-two euro and ninety-four cents (232.94) or

to imprisonment for a term of not more than three months or to both

such fine and imprisonment.

Where an offence against any of the provisions of this Act

is committed by an association of persons, every person who, at the

time of commission of the offence, was a director, manager,

secretary or other similar officer of such association or was

purporting to act in any such capacity shall be guilty of that offence

unless he proves that the offence was committed without his

knowledge and that he exercised all due diligence to prevent the

commission of the offence.

(1) The provisions of articles 3 and 4 shall not apply to the

promotion or operation of a trading stamps scheme directly and

exclusively by an importer, manufacturer or seller in relation to the

g o o d s i m p o r t e d , m a n u f a c t u r e d o r s o l d b y s u c h i m p o r t e r,

manufacturer or seller.

(2) For the purpose of subarticle (1) a trading stamps scheme

shall not be deemed to have been promoted or operated directly and

exclusively by an importer, manufacturer or seller as therein stated

if such importer, manufacturer or seller makes use or in any manner

avails himself of the activity or services of any person who

organizes or promotes a joint trading stamps scheme for or on

behalf of two or more exempted persons, or if two or more

exempted persons operate jointly a trading stamps scheme.