GOLDSMITHS AND SILVERSMITHS ACT

GOLDSMITHS AND SILVERSMITHS

CHAPTER 46

GOLDSMITHS AND SILVERSMITHS ACT

An Act to regulate Goldsmiths and Silversmiths.

1st December, 1920

ORDINANCE XII of 1920 as amended by Act X of 1932; Ordinance II of

1938; Acts: XXII of 1949, XXV of 1962; Legal Notices: 4 of 1963, 46 of

1965; and Acts: VII of 1966, XXXI of 1971, LVIII of 1974, XI of 1977,

XLIX of 1981, II of 1982, VIII and XVIII of 1990, XXVII of 2001, IX of

2003, III of 2004 and VII of 2021 * .

The short title of this Act is the Goldsmiths and

Silversmiths Act.

In this Act, and in any regulations made thereunder -

"an alloy of a precious metal" is a solid solution of a precious

metal and one or more other metals;

"Authority" means the Malta Competition and Consumer Affairs

Authority as established by article 3 of the Malta Competition and

Consumer Affairs Authority Act;

"authorized" unless otherwise specified, means empowered by

the Minister or his equivalent in a Member State or by an

appropriate European Union Agency or by any person designated

by the aforementioned in accordance with the provisions of this

Act;

"authorized hallmarking body" is a person independent of the

manufacturer or sponsor of a precious metal article, authorized to

imprint an office mark on the said article;

"Consul" means the Consul for the Goldsmiths and Silversmiths and

the functions and duties of the Consul shall be discharged by the

Director General (Standards and Metrology) or any public officer

authorised in writing by the Director General to discharge such duties;

"dealer" means any person who deals in precious metal articles

or precious stones;

"European Union" means the European Union referred to in the

Treaty;

"fineness mark" is a mark in arabic numerals imprinted on the

precious metal alloy of a precious metal article representing the

standard of fineness of the said alloy, and the type of precious

metal therein;

"Malta" has the same meaning as assigned to it by article 124 of

the Constitution of Malta;

"manufacturer" is a person who makes precious metal articles;

*See Legal Notice 270 of 2021.

GOLDSMITHS AND SILVERSMITHS

"manufacturer’s hallmark" is an imprint which a manufacturer is

authorized to apply on a precious metal article comprising the

manufacturer’s mark and a standard mark;

"manufacturer’s mark" is the identifying mark on a precious

metal article which a manufacturer is authorized to imprint on the

precious metal article he manufactures;

"Member State" means a state which is a member of the

European Union;

"Minister", unless otherwise provided in this Act, means the

Minister responsible for the Authority;

"office hallmark" is an imprint on a precious metal article

applied by an authorized hallmarking body comprising at least a

standard mark;

"placed on the market" means in any way made available on the

market in the territory of Malta with a view to the distribution and,

or, use in the said territory or in such other territory as may be

prescribed;

"precious metal" means gold, platinum, palladium and silver in

the pure state and their alloys;

"precious metal article" is any fully manufactured item of

jewellery, goldsmith’s or silversmith’s ware or watchmaker’s ware

and any other complete object made entirely or in part from a

precious metal;

"prescribed" means as prescribed by regulations under the Act;

"sponsor" means a person who undertakes the same

responsibilities as the manufacturer;

"sponsor’s hallmark" is an imprint which a sponsor is authorized

to apply on a precious metal article comprising the sponsor’s mark

and a standard mark;

"sponsor’s mark" is the identifying mark which a sponsor is

authorized to imprint on a precious metal article;

"standard" is the fractional content by weight of pure precious

metal in a precious metal alloy;

"standard of fineness" shall be the number representing the

number of parts by weight of pure precious metal in one thousand

parts by weight of a precious metal alloy (millesims);

"standard mark" is a mark imprinted on the precious metal alloy

of a precious metal article representing the standard of the alloy

and the type of precious metal therein;

"Standards and Metrology Institute" means the national body

established under Part VII of the Malta Competition and Consumer

Affairs Authority Act;

"the Treaty" has the same meaning assigned to it in the European

Union Act.

The nominal standards for precious metal articles shall be

as may be such as prescribed.

GOLDSMITHS AND SILVERSMITHS

No precious metal article shall be placed on the market if -

(i)

save as may be prescribed, the said article is

imprinted with a standard mark which is

superior to the actual standard of the precious

metal;

(ii) the said article bears two or more differing

standard marks except in cases where it consists

of components made of various precious metals;

(iii) the said article does not bear either (a) an office

hallmark or (b) a manufacturer’s or sponsor’s

hallmark;

(iv) the marks referred to in sub-paragraph (iii) do

not bear such other further characteristics as

may be prescribed;

(v) in case the article is made up of various precious

metals it is not marked in accordance with sub-

paragraphs (iii) and (iv) for the various precious

metal parts.

The provisions of article 4(iii), (iv) and (v) shall not apply

(a) any precious metal article which cannot bear the

pressure of the stamp without being broken or losing

the necessary solidity or on which it is technically

difficult to imprint the required marks;

(b) any precious metal article having an antiquarian value;

(c) objects of precious metal for scientific, technical,

musical or medical use;

(d) legal tender made of precious metal and collectors’

coins and medals issued by or on the authority of a

State;

(e) ingots or granules of precious metal for banking use;

(f) small articles weighing less than one gram in the case

of gold and platinum and three grams in the case of

silver and palladium or such other weight as may be

prescribed;

(g) semi-manufactured precious metal articles;

(h) articles which are not made of precious metal but are

plated with precious metal or are otherwise laminated

or coated with thin precious metal foil.

The standards of solder that shall be used for joining

component parts of precious metal articles shall be such as may be

prescribed.

No precious metal articles shall be placed on the market

(i)

such an article, marked in accordance with the

provisions of article 4 and containing a non-

precious metal part or parts is not accompanied

by such documents as the Consul may require or

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as may be prescribed;

(ii) such an article, exempt from marking under the

provisions of article 5 is not accompanied by a

document or certificate as may be prescribed;

(iii) such an article does not carry a label clearly

indicating the type of precious metal alloy or

alloys making up the article and the standard of

fineness thereof except as may be prescribed.

(1) Manufacturers may not make use of any other

manufacturers’ or sponsors’ marks or hallmarks and they may only

imprint their manufacturer’s mark or hallmark on precious metal

articles they themselves manufacture.

(2) The manufacturer shall be responsible for the accuracy of

the standard mark in the manufacturer’s hallmark.

(1) Sponsors may not make use of other sponsors’ or

manufacturers’ marks or hallmarks and they may only imprint their

sponsor’s mark or hallmark on precious metal articles of which

they are sponsors.

(2) The sponsor shall be responsible for the accuracy of the

standard mark in the sponsor’s hallmark.

(1) The Consul shall be an authorized independent

hallmarking body.

(2) The Consul may imprint the Office hallmark in accordance

with the regulations which shall, from time to time, be made by the

Minister.

(3) The Office hallmark imprinted by the Consul shall be as

prescribed.

(4) The imprinting of an Office hallmark shall be subject to the

fees as may be prescribed.

(1) Any person who incorrectly declares that any precious

article or part thereof presented to the Consul for imprinting with

t h e C o n s u l ’s O f f i c e h a l l m a r k o r f o r c e r t i f i c a t i o n i s o f a

homogeneous substance or does not conceal extraneous substances,

shall be liable to the punishments established in the Criminal Code

for contraventions.

(2) Any person who fraudulently declares that a precious metal

article or part thereof presented to the Consul for imprinting with

t h e C o n s u l ’s O f f i c e h a l l m a r k o r f o r c e r t i f i c a t i o n i s o f a

homogenous substance or does not conceal extraneous substances,

shall, on conviction, be liable to imprisonment for a term not

exceeding eighteen months.

(3) If by means of any such fraudulent declaration any person

procures the imprinting or certification of a precious metal article

which conceals any extraneous substances, or is not of a

homogeneous substance, or if any person alters one or more parts

of an imprinted precious metal article, or conceals therein any

extraneous substances, such person shall on conviction, be liable to

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imprisonment for a term not exceeding two years.

(4) No proceedings shall be taken against any person who has

made an incorrect or fraudulent declaration that a precious metal

article or part thereof presented to the Consul for the imprinting

with the Consul’s Office hallmark or for certification if is of a

homogenous substance, before the lapse of eight days from the day

on which a notice to that effect is given to him by the Consul;

within which time such person may require that the precious metal

article or part thereof so presented be melted down and that of the

substance so obtained the Consul shall make a second assay.

(1) The Consul shall authorize manufacturers’ and

sponsors’ marks and hallmarks in accordance with regulations

which shall, from time to time be made by the Minister.

(2) Authorization of a sponsor’s mark or hallmark shall be

granted without prejudice to the sponsor’s obligation to fulfil any

requirements in order to align himself with any local or

international patent law.

(3) Such authorization shall be subject to a fee as may be

prescribed.

(1) The Consul shall at any time, inspect any premises or

location where trading or manufacturing of precious metal articles

is carried out or where such articles are imprinted in order to

ascertain that the provisions of this Act, or of any regulations made

thereunder are being observed and to collect any samples or articles

for the said purpose.

(2) The procedure to be followed in the collection of samples

or articles in terms of sub-article (1) shall be as prescribed.

(3) Any articles or samples collected in accordance with sub-

articles (1) and (2) are not subject to compensation.

(4) Any articles or samples collected in accordance with sub-

articles (1) and (2) and found by the Consul not to be in accordance

with the provisions of this Act, shall be delivered to the

Commissioner of Police.

(1) Valuations shall be based on the prices prevailing on the

international market as prescribed.

(2) The Consul shall be the official valuer for precious metal

articles and shall base his valuation on the official price of precious

metals which valuation shall be subject to the fees as may be

prescribed.

(1) It shall not be lawful for any manufacturer, sponsor,

dealer or any trader to purchase any precious metal articles or

precious stones, from any person unknown to them without first

showing such articles or precious stones to the Consul.

(2) The Consul to whom any such articles or precious stones

are presented shall make an entry thereof for that purpose,

specifying the weight, quality and value thereof, the day on which

the same were presented to him, and the particulars of the person

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by whom they were so presented.

(3) The provisions of sub-article (1) shall not apply where the

purchase is made at a judicial sale or at a sale of pledges of Il-

Monti.

(1) The Consul may, at any time by notice in writing,

require from any person who deals in precious metal articles or

precious stones a return showing the details set out in the notice

regarding the stocks of any such articles or precious stones held by

such a person on any date specified in the notice before the opening

for business, being either the date of the receipt of the notice or a

subsequent date.

(2) The notice referred to in sub-article (1) shall prescribe the

time limit, which shall in no case be less than six days from the

receipt of such notice, within which the return is to be submitted to

the said Consul.

Saving the provisions of article 11 of the Act and articles

19 and 543 of the Criminal Code, it shall be lawful for any Court of

Magistrates, sitting as a court of criminal judicature, to award for

any offence against this Act, or against any of the regulations made

thereunder, any of the punishments established in the said Code for

contraventions or two or more of such punishments cumulatively

according to circumstances.

The Minister may make regulations generally for the better

carrying out of the provisions of this Act and may in particular by

such regulations make rules regulating the recognition of

authorizations of authorized hallmarking bodies and prescribe

anything that is or may be prescribed in accordance with this Act.

Any article imprinted or exempt from such imprinting

under the provisions of the Goldsmiths and Silversmiths Ordinance

shall for a transitory period of two years from the 1st April, 2004

be deemed to be in compliance with the provisions of this Act.