IDENTITY CARD AND OTHER IDENTITY DOCUMENTS ACT

IDENTITY CARD AND OTHER IDENTITY DOCUMENTS

CHAPTER 258

IDENTITY CARD AND OTHER IDENTITY

DOCUMENTS ACT

To make provision for and in respect of identity cards and to provide for

matters ancillary to or connected therewith.

1st January, 2013 *

1st July, 2013 †

ACT LI of 1975, as amended by Acts XXVI of 1981 , XIII of 1983 and

XI of 1993 ; Legal Notice 423 of 2007 ; and Act III of 2008 . This Act

was substituted by means of LEGAL NOTICE 308 of 2012 (made under

the provisions of the European Union Act), as amended by Legal Notice

426 of 2012 and Act XV of 2014 .

The short title of this Act is the Identity Card and other

Identity Documents Act.

In this Act, unless the context otherwise requires -

"asylum seeker" means a person who has made an application for

asylum in terms of the International Protection Act;

"authorised officer" means the public officer designated by the

Prime Minister as the person authorized to issue identity

documents, and, to the extent of any power delegated as hereinafter

provided, includes any person delegated for the purpose by the

public officer designated as the authorised officer;

"failed asylum seeker" means a person whose application for

asylum has been refused in terms of the International Protection

Act;

"holder", in relation to an identity document, means the person in

respect of whom it is issued;

"identity card" means a document issued under Part A;

"identity document" means an identity card, a residence

document and an identification document issued under this Act;

"identification document" means a document issued under Part

C;

"prescribed" means prescribed by regulations under this Act, the

Immigration Act or the International Protection Act, as the case may

be;

"residence document" means any document issued under Part B;

"Tribunal" means the Administrative Review Tribunal established

by article 5 of the Administrative Justice Act.

*See article 1(2) as promulgated by L.N. 308 of 2012, and as originally enacted, which

has been omitted under the Statute Law Revision Act , 1980, and Legal Notice 466 of

2012. † Articles 10(2) and 10 (3) came into force. See Legal Notice 466 of 2012.

IDENTITY CARD AND OTHER IDENTITY DOCUMENTS

In addition to identity documents as defined in article 2,

the authorised officer may issue documents which shall serve as a

means to identify such class or classes of persons as may be

prescribed.

Part A

IDENTITY CARDS

Every Maltese national over the age of fourteen years shall

be in possession of a valid identity card and for this purpose he

shall make application therefor in accordance with the provisions

of this Act not later than one month after his fourteenth birthday. In

the case of Maltese nationals returning to Malta with the intention

of setting up permanent residence, these shall make an application

for the issue of a new identity card not later than one month after

their return to Malta.

(1) Identity cards shall be issued by the authorised officer

and shall be authenticated as may be prescribed.

(2) An identity card shall contain a photograph of the person in

respect of whom it is issued which in the opinion of the authorised

officer truly resembles such person at the time the identity card is

issued and shall indicate the date on which its validity commences

and expires, and an identifying number of the holder which may

either be his act of birth number as given by the Public Registry or

any other number as may be assigned to him by the authorised

officer. It shall moreover contain the signature of the holder or a

reproduction of a recent signature of the holder, and also the

following particulars concerning such person

(a) name and surname;

(b) the address of the principal place of residence in

Malta;

(c) sex;

(d) nationality;

(e) place and date of birth,

and may include such other particulars or information as the

authorised officer may deem appropriate

Provided that the card may also include a name and, or

surname by which the person is commonly known, which name

and, or surname is to be indicated by the words "known as" at the

discretion of the authorised officer. The inclusion of the words

"known as" preceding a name and, or surname shall only be

permitted if the authorised officer is satisfied that there are

sufficient grounds to merit their inclusion. The decision of the

authorised officer shall be based on the prescribed criteria.

(3) An identity card shall be made of such material and in such

manner as in the opinion of the authorised officer provide adequate

security against forgery, tampering or alteration thereof, and it

shall, in any case, include a limited area where machine readable

coded information may be inserted to enable the electronic

IDENTITY CARD AND OTHER IDENTITY DOCUMENTS

identification of the holder and which information may include

information relevant to the holder ’s biometric data as may be

prescribed.

(4) The use of any biometric data as may be captured may only

be used as a means with which to identify a person during a

transaction in which that person is engaged and the use of such

identity verification shall require the consent of the holder. The use

of such biometric data for any other purpose including criminal

investigation is prohibited and shall constitute a breach of the Data

Protection Act.

(1) A person who feels aggrieved by the illegal use or

processing of his personal biometric data may apply, for redress, to

the authorised officer.

(2) Without prejudice to the foregoing provisions of this Act,

the Tribunal shall have jurisdiction to hear and determine all

appeals made by a person aggrieved by a decision given by the

authorised officer regarding the illegal use or processing of

personal biometric data.

(3) The Tribunal may require the authorised officer to provide

the Tribunal with such information or advice as the Tribunal may

deem necessary for the proper execution of its functions.

(4) An appeal from a decision of the authorised officer as

aforesaid shall be made by application and shall be filed with the

Secretary of the Tribunal within twenty days from the date on

which the said decision has been notified.

(5) The provisions of the Administrative Justice Act, in so far as

they apply to the Administrative Review Tribunal, shall apply to

any proceedings before the said Tribunal and the words "public

administration" in the said enactment shall be construed as a

reference to the authorised officer.

(1) An identity card shall remain valid for a maximum

period of ten years or such other period as may be prescribed

Provided that the Prime Minister may at any time (other

than the period between the dissolution of Parliament and the

conclusion of the first general election held after such dissolution),

by notice in the Gazette terminate, in such manner and on such date

or dates as he may deem appropriate, the validity of all or any

number of identity cards

Provided further that where an identity card has been issued

in respect of a Maltese national under the age of sixteen or eighteen

years, such identity card shall cease to be valid upon the sixteenth

or eighteenth birthday of the holder thereof, as the case may be.

Such holder shall be obliged to seek to have his identity card

reissued not later than one month after his sixteenth or eighteenth

birthday.

(2) Where the holder of an identity card is a person to whom

article 4 applies, such person shall, not later than one month prior

to the expiration of the validity of the identity card, or not later

IDENTITY CARD AND OTHER IDENTITY DOCUMENTS

than one month after the termination of the validity of the identity

card, as the case may require, apply for a new identity card in

accordance with the provisions of this Act and shall surrender the

invalid card for a new one.

The authorised officer may cause the cancellation of an

identity card and request the holder of an identity card to surrender

such card so that another card with travel limitations and, or

electronic signing restrictions be issued. This shall take place in

any of the following cases, where

(a) there is in force an order issued by a court or tribunal

established by law, prohibiting the holder from leaving

Malta without requesting authorisation of such court

or tribunal;

(b) the holder has accepted to be released on bail under a

condition not to leave Malta without the authorisation

of any Court or tribunal;

(c) the holder has been released from detention by the

Executive Police under the condition not to leave

Malta without the authorisation of the investigating

officer under article 355AL of the Criminal Code;

(d) the holder is unable to assume responsibility for his

actions, in terms of an order issued by a court or

tribunal established by law, or an order made by any

authority that has a legal right in this regard.

Part B

RESIDENCE DOCUMENTS AND OTHER DOCUMENTS

(1) Every person residing in Malta but who is not a

Maltese national, an asylum seeker or a failed asylum seeker, shall

be in possession of a valid residence document issued in

accordance with the provisions of the Immigration Act or the

International Protection Act.

(2) An asylum seeker or a failed asylum seeker resident in

Malta shall be in possession of a document issued in terms of the

Immigration Act, the International Protection Act or any regulations

made thereunder, as the case may be.

(1) Residence documents as referred to in article 9, shall

be issued by the authorised officer and shall be authenticated as

may be prescribed.

(2) A residence document shall contain a photograph of the

person in respect of whom it is issued which, in the opinion of the

authorised officer, truly resembles such person at the time the

residence document is issued. It shall moreover contain the

signature of the holder or a reproduction of a recent signature of the

holder, and also the following particulars concerning such person

(a) name and surname;

(b) the address of the principal place of residence;

(c) nationality;

IDENTITY CARD AND OTHER IDENTITY DOCUMENTS

(d) place and date of birth,

and may include such other particulars or information as the

authorised officer may deem appropriate.

(3) A residence document shall be made of such material and in

such manner as in the opinion of the authorised officer, or as

established by law, provide adequate security against forgery,

tampering or alteration thereof, and it shall, in any case, include a

limited area where machine readable coded information may be

inserted to enable the electronic identification of the holder.

(4) The use of any information captured during the residence

document issuance process may only be used for the purposes of

the Immigration Act, the International Protection Act and any

related subsidiary legislation.

(5) Without prejudice to the foregoing provisions of this Act,

the provisions of article 6(2), (3), (4) and (5) shall, mutatis

mutandis, apply to persons who feel aggrieved by the illegal use or

processing of their personal information.

The validity of a residence document shall be regulated by

the provisions of the Immigration Act, the International Protection

Act and related subsidiary legislation or as may be determined by

the Authorised Officer.

The authorised officer may cause the cancellation of a

residence document and request the holder of a residence document

to surrender such document so that another document with

electronic signing restrictions be issued. This shall take place when

there is a court judgement that determines the holder’s inability to

assume signing responsibility.

Part C

IDENTIFICATION DOCUMENTS

Every asylum seeker and failed asylum seeker shall be in

possession of a valid identification document issued in accordance

with the Immigration Act, the International Protection Act or any

regulations made thereunder, as the case may be.

(1) Identification documents shall be issued by the

authorised officer and shall be authenticated as may be prescribed.

(2) An identification document shall contain a photograph of

the person in respect of whom it is issued which in the opinion of

the authorised officer truly resembles such person at the time the

residence document is issued and shall indicate the date on which

its validity commences and expires. It shall moreover, contain the

signature of the holder or a reproduction of a recent signature of the

holder, and also the following particulars concerning such person

(a) name and surname;

(b) the address of the principal place of residence;

(c) nationality;

(d) place and date of birth,

IDENTITY CARD AND OTHER IDENTITY DOCUMENTS

and may include such other particulars or information as the

authorised officer may deem appropriate.

(3) An identification document shall be made of such material

and in such manner as in the opinion of the authorised officer

provide adequate security against forgery, tampering or alteration

thereof, and it may, in any case, include a limited area where

machine readable coded information may be inserted to enable the

electronic identification of the holder.

(4) The use of any information captured during the

identification document issuance process may only be used for the

purposes of the Immigration Act and the International Protection

Act

Provided that it shall be unlawful for the holder of such

document to allow its use by anyone else.

The validity of an identification document shall be

regulated by the provisions of the Immigration Act, the

International Protection Act and regulations made thereunder or as

may be determined by the authorised officer.

Part D

MISCELLANEOUS

(1) An application for the issue of an identity document

shall be made on such form as may be provided by the authorised

officer or as may be prescribed and shall contain such information

and particulars and shall be accompanied by any documents as may

be required by the authorised officer or as may be prescribed. Any

requirement resulting from any form referred to in this article shall

be deemed to be a requirement by the authorised officer made

under this article.

(2) An application shall be required by the authorised officer to

be made at a place or places indicated by him, or as may be

prescribed, and shall also be required to be made in person.

(1) Every person to whom an identity document has been

issued shall keep it in his safe custody and shall produce it on

demand, or as may be prescribed, or as may be required by any

enactment, and, where so required by any enactment, deliver it to

any lawful authority

Provided that a person shall not be required to deliver a

valid identity document unless he is given a receipt therefor by the

person requiring its delivery.

(2) For the purposes of this article "lawful authority" means a

person or authority authorised by law to require the production or

delivery of an identity document.

(3) Any member of the police force may require any person to

whom an identity document has been issued to produce that

document on demand or, if it is not practicable for the person so

required to produce it on demand, not later than twenty-four hours,

or at an earlier time which may be established, to produce such

document after the demand is made.

IDENTITY CARD AND OTHER IDENTITY DOCUMENTS

(4) Where a person has delivered a valid identity document to a

lawful authority as provided in this article, the receipt given to him

in respect thereof shall, until he is again in possession of his

identity card, be sufficient evidence that he possesses a valid

identity document.

An identity document which has not been tampered with

shall, unless its validity expires or is terminated, be evidence of the

identity of the holder as shown on the document, and shall be

accepted as such by every public officer or authority and by every

other person.

(1) Whenever for any reason any of the particulars or any

other information contained in an identity document is or becomes

incorrect, the holder of the document shall, without delay, report

the fact to the authorised officer and shall surrender the incorrect

document to, and give all such information as may be required by,

that officer.

(2)

The officer shall thereafter cause the document to be

indelibly marked as "Withdrawn as Incorrect" and, or destroyed

and shall issue another document in substitution therefor.

(1) If an identity document is lost, stolen, destroyed or

defaced, the holder of that document shall, without delay, report the

fact to the authorised officer and, in the case of a defaced

document, shall surrender the defaced document to that officer.

(2) Upon an application for the issue of an identity document in

substitution of a document lost, stolen, destroyed or defaced, and

upon the payment of any applicable fee as may be prescribed, the

authorised officer, if satisfied that the document has been lost,

destroyed or defaced and, in the case of a defaced document, that it

has been surrendered as required by this Act, shall issue a fresh

document.

(3) Except as provided in subarticle (2), or unless the

authorised officer is of the opinion that he should, subject to any

conditions he may deem appropriate, act otherwise in the

circumstances, no identity document shall be issued in respect of

the same person unless all documents previously issued in respect

of that person, including a document the validity of which has

expired, have been surrendered to that officer.

(4) For the purposes of this article an identity document shall

be treated as lost if the authorised officer is satisfied that it is not

recoverable.

Without prejudice to the provisions of articles 5(2), 10(2)

and 14(2) relating to the signature of the holder, no person other

than the authorised officer shall make any mark or entry upon, or

erase, cancel, alter or substitute any mark or entry made upon, or

otherwise deface or destroy, an identity document.

(1) No person other than the holder thereof, or the agent of

the holder in the carrying out of any requirement of this Act or of

any other law on behalf of the holder, shall have in his possession,

IDENTITY CARD AND OTHER IDENTITY DOCUMENTS

or make any use whatever of, any identity document.

(2) Any person who comes into possession of an identity

document issued to some other person shall forthwith deliver or

forward it to the holder thereof or to the authorised officer.

(3) Any person who through deceit or omission from reporting

the retrieval of a document previously reported as lost, stolen or

destroyed has in his possession more than one identity document

issued in respect of him shall without delay and in person produce

such documents to the authorised officer and shall surrender to him

such one or more of the documents as that officer shall require.

The Prime Minister may make regulations for prescribing

anything which is required or authorised by this Act to be

prescribed and for carrying into full effect the provisions of this

Act.

(1) Without prejudice to the provisions of subarticle (2),

the Immigration Act and the International Protection Act, and of any

higher punishments therein provided, any person who contravenes

or fails to comply with any of the provisions of this Act, or of any

regulations made thereunder, or of any requirement of the

authorised officer, shall, in respect of each offence, be liable to a

fine (multa) as may be prescribed or to an administrative penalty as

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

continues.

(2)

Any person who -

(a) with intent to deceive contravenes any of the

provisions of article 21 or of article 22(1); or

(b) makes any false statement, or gives any false

information, or produces any false document, for any

of the purposes of this Act, knowing the same to be

false; or

(c) forges an identity document or any other document

whatsoever required by, or intended for, any of the

purposes of this Act; or

(d) aids or abets the commission of any offence against the

foregoing paragraphs of this subarticle,

shall be liable on conviction to imprisonment for a period of not

less than two years and not exceeding five years.

* (1) Any action prescribed and taken under the Identity

Card Act, hereinafter referred to as the "repealed Act" and any

pending criminal proceedings in respect of offences provided for in

the repealed Act, shall continue to be so prescribed, taken and

treated under this Act, and the provisions of this Act shall, mutatis

mutandis, apply in respect of such prescribed action and any

pending criminal proceedings.

(2) Notwithstanding the provisions of subarticle (1), all

subsidiary legislation made under the repealed Act shall continue in

*the original article 25 has been omitted under the Statute Law Revision Act, 1980.

IDENTITY CARD AND OTHER IDENTITY DOCUMENTS

force and shall have effect as if made under this Act, and may be

amended or revoked accordingly.