PUBLIC COLLECTIONS ACT

PUBLIC COLLECTIONS

CHAPTER 279

PUBLIC COLLECTIONS ACT

To make provision with respect to public collections for charitable and

other purposes and to provide for matters connected therewith or ancillary

(13th March 1981) *

ACT XVIII of 1979, as amended by Acts XIII of 1983 and VI of 1995 ;

and Legal Notice 423 of 2007 and Act XXXVI of 2018.

The short title of this Act is the Public Collections Act.

[ ARTICLE 5 (1)]

APPLICATION FOR A LICENCE

1. Names and addresses of applicants

(1) ................................................

(2) ................................................

(3) ................................................

2. Name and address of society,

committee or other body organizing

or othe rwise responsible for the

collection

3. Purpose of the collection or specific

event

4. Particulars of the beneficiaries of the

collection, including -

(a) names of Charities, Funds, etc.,

expected to benefit from the

collection

(b) their addresses

(c) their objects

(d) the name and address of their

Secretary or other responsible

official

5. Date or dates of duration of proposed

collection

6. Locality of proposed collection

7. Method of collection, and if by sale

of badges a sample or description

thereof

8. Disposal of proceeds; in particular

any disposal for expenses,

remunerations or other purposes,

giving estimated amounts thereof

9. Date of application

PUBLIC COLLECTIONS

10. Signature of applicants

(1) ...............................................

(2) ................................................

(3) ................................................

(1) In this Act, unless the context otherwise requires -

"benevolent" shall mean a social purpose or other public benefit or

public purpose;

''charitable purpose'' shall mean a social purpose or other public

benefit or public purpose;

''collection'' means an appeal to the public, or to a part or article

of the public, whether by means of visits from house to house, or by

any overt act in a street or other public place, or by means of any

advertisement, or by the use of technological means, including the

internet or any social media channel on any platform of any type, or in

any other manner whatsoever, to give, whether for consideration or

not, money or other property, but does not include -

(a) the selling of articles in any street or other public place

when the articles are sold in the ordinary course of

trade, and for the purpose of earning a livelihood, and

no representation is made by or on behalf of the seller

that any part of the proceeds of sale will be devoted to

any charitable or similar purpose;

(b) collections made in a church or in a place of public

worship in the ordinary course for the upkeep,

embellishment or improvement thereof or for services

held therein, and collections for the purposes declared in

writing to be benevolent by the competent local or

international religious authorities;

(c) collections made or organized by a bona fide political

party for its own use;

(d) collections made pursuant to any activity as is

mentioned in article 194(2) (a) of the Code of Police

Laws and any activity as is mentioned in paragraph (b)

of the said subarticle;

(e) collections made by any organisation enrolled with the

Commissioner for Voluntary Organisations in terms of

the Voluntary Organisations Act for as long as it

remains so enrolled;

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

Statute Law Revision Act, 1980, and Legal Notice 27 of 1981.

PUBLIC COLLECTIONS

"collector" in relation to a collection, means the person who

makes the appeal in the course of visits from house to house, or in a

street or other public place, and includes a person indicated for the

collection of proceeds or who in fact receives any such proceeds;

"the Commissioner" means the Commissioner of Police and

includes any person authorised by the said Commissioner in that

behalf;

"house" includes a place of business;

"licence" means a licence under this Act;

"Minister" means the Minister responsible for the Police; and

includes any person authorized by the said Minister in that behalf;

"prescribed" means prescribed by regulations under this Act;

"proceeds" in relation to a collection, means all money and other

property given, whether for consideration or not, in response to the

appeal made;

"promoter" in relation to a collection, means a person who causes

others to act, whether for remuneration or otherwise, as collectors

for the purposes of the collection, and includes each of the

individuals signing an application for a licence;

"public place" means any street and any other place to which the

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

technological means, such as the internet or any social media channel

on any platform of any type and, without prejudice to the generality

of the aforesaid, includes any church, any government department

and any place of public entertainment;

"street" means any street, road, alley, square, fortification or

other place of public passage, and any open air precinct to which

the public is admitted or has access.

(2) For the purposes of this Act, the terms "social purpose",

"public benefit" or "public purpose" shall have the meaning

assigned to them in article 2 of the Voluntary Organisations Act.

(3) For the purposes of this Act, a collection shall be deemed to

be made for a particular purpose where the appeal is made in

association with a representation that the money or other property

appealed for, or part thereof, will be applied for that purpose.

(4) For the purposes of this Act, when a purpose is declared to be

benevolent, a copy of such declaration may be requested by any person

and the person responsible for such collection shall produce the same

within a reasonable time. In case of default the Commissioner of

Police may demand the same from the competent religious authority

which shall deliver the same within ten working days and the

Commissioner shall release the same to the person requesting it.

[ ARTICLE 6 (1) ( B )]

S TATEMENT O F A CCOUNT F OR T HE P URPOSES O F ARTICLE 6 O F T HE P UBLIC C OLLECTIONS

A CT , C AP . 279.

1. Name of promoter

2. Date of licence under the Act

3. Proceeds of Collection

Amount

(a) As per list of collectors and

respective amounts attached

hereto

(b) From other sources (indicating

the sources)

(c) Donations, as in list attached

hereto

4. Expenses

Amount

(a) Printing and stationery

(b) Postage

(c) Advertising

(d) Badges or other emblems

(e) Remunerations

(f) other expenditure

5. Disposal of Balance

(Give particulars including name of

beneficiaries and amounts)

Beneficiaries

Amount

6. Date of Statement

7. Signature of promoters (i.e. signature

(1) ................................................

of each of the applicants for the

(2) ................................................

licence)

(3) ................................................

8. Certificate of correctness by a duly

qualified auditor as and if required by

article 6 (2) of the Act.

Name of auditor

Qualification

Address

Certification .......................................

Date ....................................................

Signature ......................................

PUBLIC COLLECTIONS

(1) Subject to the provisions of this Act, no collection shall

be made unless the requirements of this Act as to a licence for the

promotion thereof are satisfied.

(2)

If a person promotes a collection and a collection is made

PUBLIC COLLECTIONS

pursuant to his promotion, then, unless there is in force, in respect

of the locality in which the collection is made and throughout the

period during which it is so made, a licence authorising him, or

authorising another under whose authority he acts, to promote a

collection in the locality and for the purpose for which the

collection is made, such person shall be guilty of an offence.

(3) If a person acts as a collector for the purposes of a

collection, then, unless there is in force, in respect of the locality in

which and at all times when he so acts, a licence authorising a

promoter under whose authority he acts, or authorising the

collector himself, to promote a collection in the locality and for the

purpose for which the collection is made, such person shall be

guilty of an offence.

(1) Where the Minister is satisfied that a person pursues a

charitable purpose in Malta and is desirous of promoting

collections for that purpose, the Minister may by order direct that

he shall be exempt from the requirement of a licence as respects all

collections for that purpose in such localities as may be prescribed

in the order, and whilst an order so made is in force as respects

collections in any locality, the provisions of this Act shall have

effect in relation to the person exempted, to any promoter of a

collection in that locality for that purpose who acts under the

authority of the person exempted, and to a person who so acts as a

collector for the purposes of any such collection, as if a licence

authorising the person exempted to promote a collection in that

locality for that purpose had been in force.

(2) Any order made under this article may at any time be

revoked or varied by a subsequent order made by the Minister.

(1) Where a person who is promoting, or proposes to

promote, a collection in any locality for a purpose for which a

licence may be granted, makes to the Commissioner of Police an

application in the form set out in the First Schedule to this Act

specifying the purpose of the collection, the locality (if limited to a

locality) within which the collection is to be made and the other

matters indicated in the said Schedule as required, and furnishes

him with any other relevant information he may require, the

Commissioner shall, subject to the following provisions of this

article, grant to him a licence authorising him to promote a

collection within the locality and for the purpose indicated in the

licence, and subject to such other conditions as may be contained in

the licence.

(2) A licence shall only be granted for a social purpose or other

public benefit or public purpose, or for a purpose approved by the

Minister, and shall only apply to a social purpose or other public

benefit or public purpose or such purpose approved by the Minister.

No licence shall be granted for a general purpose or for more than one

purpose. The application for a licence must be signed by at least three

individuals.

(3) A licence shall only be granted for specific events or for a

stated period not exceeding twelve months and shall lapse on the

PUBLIC COLLECTIONS

taking place of the specified event or the lapse of the stated term.

(4) The Commissioner may refuse to grant a licence, or, when a

licence has been granted, may revoke it, if it appears to him -

(a) that the total amount likely to be applied as a result of

the collection (including any amount already so

applied) for the purposes for which the licence is to be,

or has been, granted is inadequate in proportion to the

value of the proceeds likely to be received (including

any proceeds already received);

(b) that remuneration which is excessive in relation to the

total amount aforesaid is likely to be, or has been,

retained or received out of the proceeds of the

collection by any person;

(c) that the grant of a licence would be likely to facilitate

the commission of an offence under article 338(w) or

(x) of the Criminal Code, or that an offence under

those provisions has been committed in connection

with the collection;

(d) that the applicant or the holder of the licence is not a

fit and proper person to hold a licence;

(e) that the applicant or the holder of the licence has

committed an offence against this Act or against any

regulations made thereunder;

(f) that the applicant or the holder of the licence, in

promoting a collection in respect of which a licence

has been granted to him, has failed to exercise due

diligence to secure that persons authorised by him to

act as collectors for the purposes of the collection were

fit and proper persons to secure compliance on the part

of persons so authorised with the provisions of this Act

and of regulations made thereunder, or to prevent

prescribed badges or prescribed certificates of

authority being obtained by persons other than persons

so authorised; or

(g) that the applicant or holder of the licence has refused

or neglected to furnish to the Commissioner such

information as he may have reasonably required for

the purpose of informing himself as to any of the

matters specified in the foregoing paragraphs of this

subarticle.

(5) When the Commissioner refuses to grant a licence or

revokes a licence which has been granted, he shall give written

notice to the applicant or holder of the licence giving reasons for

the refusal or revocation and informing him of his right of appeal

under this article; and the applicant or holder of the licence may

thereupon appeal to the Minister against the refusal or revocation

of the licence, as the case may be, and the decision of the Minister

shall be final.

(6) The time within which any such appeal may be brought

shall be fourteen days from the date on which notice is given under

PUBLIC COLLECTIONS

subarticle (5).

(7) If the Minister decides that the appeal shall be allowed, the

Commissioner shall forthwith issue a licence or cancel the

revocation, as the case may be, in accordance with the decision of

the Minister.

Any collection made by -

(a) any person, not being an enrolled voluntary

organisation, for any social or public benefit purposes;

(b) any non-enrolled voluntary organisation for its own

purposes; or

(c) any of those referred to in paragraphs (a) or (b) for the

benefit of another voluntary organisation, whether

enrolled or not,

shall, in addition to this Act, also be subject to any guidelines issued

by the Commissioner for Voluntary Organisations depending on the

type of collection made, including electronic or internet based appeals

and crowd funding.

(1) Without prejudice to any other requirements of any

regulations made under this Act, the promoter of any collection

(a) within one month after the last day of the collection or

the day on which the licence expires, whichever is the

earlier, publish in any two local newspapers a

statement made in all respects as required by this

article and showing

(i) the name of the promoter;

(ii) the purpose of the collection and the names of

the intended beneficiaries therefrom;

(iii) the total proceeds of the collection;

(iv) the total amount of the expenses incurred; and

(b) within five weeks from either of the days aforesaid,

whichever is the earlier, deliver to the Commissioner a

statement made in the form set out in the Second

Schedule to this Act and otherwise in all respects as

required by this Act and containing the information

therein indicated as required, certified as correct by

the promoter or, when the promoter is a body of

persons, by an individual acting in the name and on

behalf of the promoter, together with newspaper

cuttings showing that the publication required by

paragraph (a) has been effected.

(2) Where the total proceeds of a collection exceeds one

thousand and one hundred sixty-four euro and sixty-nine cents

(1,164.69)the statements required to be published or delivered

under subarticle (1) shall be certified as correct and signed by a

duly qualified auditor who has had no connection with the

PUBLIC COLLECTIONS

(3) Any promoter who fails to comply with any of the

foregoing provisions of this article shall be guilty of an offence.

(1) The Minister may make regulations for prescribing

anything which by this Act is required or authorised to be

prescribed, for regulating the manner in which collections, in

respect of which licences have been granted or orders have been

made under article 4, may be carried out and the conduct of

promoters and collectors in relation to such collections.

(2) The Minister may also, by regulations made under

subarticle (1), amend the Schedules to this Act and, without

prejudice to the generality of the powers conferred by the foregoing

provisions of this article, any regulations made as aforesaid may

make provision for all or any of the following matters, that is to

(a) for requiring and regulating the use by collectors of

prescribed badges and prescribed certificates of

authority, and the issue, custody, production and return

thereof, and in particular for requiring collectors on

demand by a Police officer or by any occupant of a

house visited to produce their certificates of authority;

(b) for requiring that the prescribed certificates of

authority of the collectors shall be authenticated in a

manner approved by the Commissioner and that their

prescribed badges shall have inserted therein or

annexed thereto in a manner and form so approved a

general indication of the purpose of the collection;

(c) for prohibiting persons below a prescribed age from

acting, and others from causing them to act, as

collectors;

(d) for preventing annoyance to occupants of houses

visited by collectors or to persons in any street or other

public place;

(e) for requiring prescribed information with respect to

any matter connected with the collection to be

furnished, in the case of licensed collections to the

Commissioner, and in the case of collections in respect

of which an order has been made under article 4 to the

Minister, and for requiring the information given to be

vouched and authenticated in such manner as may be

prescribed.

(3) Any person who contravenes or fails to comply with any of

the provisions of a regulation made under this Act shall be guilty of

an offence.

If any person, in connection with an appeal made by him to

the public in association with a representation that the appeal is for

a charitable purpose, displays or uses -

(a) a prescribed badge or a prescribed certificate of

authority, not being a badge or certificate for the time

PUBLIC COLLECTIONS

being held by him for the purposes of the appeal

pursuant to regulations made under this Act; or

(b) any badge or device or any certificate or other

document so nearly resembling a prescribed badge or,

as the case may be, a prescribed certificate of authority

as to be calculated to deceive,

shall be guilty of an offence.

A Police officer may require any person whom he believes

to be acting as a collector for the purposes of a collection to declare

to him immediately his name and address and to sign his name, and

if a person fails to comply with a requirement duly made to him

under this article, he shall be guilty of an offence.

(1) Any promoter guilty of an offence under article 3(2)

shall be liable on conviction to imprisonment for a term not

exceeding six months or to a fine (multa) not exceeding one

thousand and one hundred sixty-four euro and sixty-nine cents

(1,164.69), or to both such imprisonment and fine.

(2) Any collector guilty of an offence under article 3(3) shall

be liable on conviction, in the case of a first conviction to a fine

(multa) not exceeding forty-six euro and fifty-nine cents (46.59)

and in the case of a second or subsequent conviction to

imprisonment for a term not exceeding three months or to a fine

(multa) not exceeding four hundred and sixty-five euro and eighty-

seven cents (465.87), or to both such imprisonment and fine.

(3) Any promoter guilty of an offence under article 6(3) shall

be liable on conviction, in the case of a first conviction to a fine

(multa) not exceeding four hundred and sixty-five euro and eighty-

seven cents (465.87) and in the case of a second or subsequent

conviction to imprisonment for a term not exceeding six months or

to a fine (multa) not exceeding one thousand and one hundred and

sixty-four euro and sixty-nine cents (1,164.69) or to both such

imprisonment and fine.

(4) Any person guilty of an offence under article 7(3) shall be

liable on conviction to a fine (multa) not exceeding one hundred

and sixteen euro and forty-seven cents (116.47).

(5) Any person guilty of an offence under article 8 shall be

liable on conviction to imprisonment for a term not exceeding six

months or to a fine (multa) not exceeding one thousand and one

hundred and sixty-four euro and sixty-nine cents (1,164.69), or to

both such imprisonment and fine.

(6) A person guilty of an offence under article 9 shall be liable

on conviction to a fine (multa) not exceeding forty-six euro and

fifty-nine cents (46.59).

(7) If any person in furnishing any information or certifying

any matter for the purposes of this Act knowingly or recklessly

makes a statement false in a material particular, he shall be guilty

of an offence and shall be liable on conviction to imprisonment for

a term not exceeding six months or to a fine (multa) not exceeding

one thousand and one hundred and sixty-four euro and sixty-nine

PUBLIC COLLECTIONS

cents (1,164.69), or to both such imprisonment and fine.

PUBLIC COLLECTIONS

SCHEDULES

Amended by

XXXVI.2018.110