MALTA FILM COMMISSION ACT

CHAPTER 478

MALTA FILM COMMISSION ACT

To make provision for the promotion, development and support of the

audiovisual industry, including the film servicing industry, in Malta, and

for the establishment of the Malta Film Commission and of the Film

Commissioner, to determine their respective functions and powers and to

provide for matters ancillary or incidental thereto.

15th July, 2005

ACT VII of 2005, as amended by Legal Notice 427 of 2007; Act X of

2013; Legal Notices 46 of 2015, 68 of 2019, 16 of 2023 and 159 of 2026.

PART I

PRELIMINARY

The short title of this Act is the Malta Film Commission

Act.

In this Act, unless the context otherwise requires -

"audiovisual industry" means natural and legal persons carrying

on activities in relation to the development, production,

distribution and promotion of audiovisual works;

"audiovisual production" means the development and production

of an audiovisual work;

"audiovisual work" means a work that consists of a series of

related images which impart the impression of motion, with or

without accompanying sounds, susceptible of being made visible

and, where accompanied by sounds, susceptible of being made

audible;

the "Commissioner" means the Film Commissioner appointed

under article 5(1) and includes any officer or employee of the

Commissioner authorised by him in that behalf;

the "Commission" means the Malta Film Commission

established by article 3;

"co-producer" means a cinematographic production company or

producer bound by a co-production contract;

"co-production contract" means a co-production agreement

between a co-producer established in Malta and one or more co-

producers established abroad in accordance with any bilateral,

multilateral or international treaty, convention or agreement to

which Malta is a party, but shall not include a co-production

agreement between two or more co-producers established in Malta;

"film" includes a photographic film or a recording on magnetic

tape or on any other material or medium, digital or otherwise, from

which a series of images, with or without associated sounds, may

be produced and which is intended for international distribution

and exhibition;

"film servicing industry" means all natural and legal persons

whose principal purpose of business is to provide facilities and, or

equipment to the audiovisual industry or such other purpose as may

be prescribed by the Minister;

"financial year" means any period of twelve months ending on

the 31 s t December of each year or such other date as may be

determined by the Minister

Provided that the first financial year of the Commissioner

shall commence on the coming into force of this Act and shall end

on the 31 st day of December of the next following year;

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

of the Constitution;

"the Minister" means the Minister responsible for the film

industry or any other Minister designated by the Prime Minister by

notice in the Gazette;

"prescribed" means prescribed by regulations made by the

Minister under the provisions of this Act;

"public officer", in relation to Part III of this Act, has the same

meaning as is assigned to it by article 124 of the Constitution.

PART II

ESTABLISHMENT, FUNCTIONS AND CONDUCT OF AFFAIRS

OF THE MALTA FILM COMMISSION

(1) There shall be a Malta Film Commission, appointed by

the Minister, to act as an advisory body to the Minister on an

audiovisual policy for the promotion, development and support of

the audiovisual and film servicing industry, to determine the level

of fiscal and other benefits in accordance with the provisions of

Part V of this Act, and to assist the Commissioner in the exercise of

his functions.

(2) The Commission shall be composed of not more than five

members, appointed by the Minister, one of whom shall be

appointed as Chairman. The members shall be appointed from

amongst persons who are knowledgeable in matters relating to

audiovisual or film productions, the services, marketing or

financial sectors, public service procedures or in other areas related

to the audiovisual or film servicing industries. One of the members

of the Commission shall be appointed upon nomination by the

Minister responsible for culture.

(3) The Minister shall appoint the Film Commissioner as one of

the members of the Commission, but the Film Commissioner may

not be appointed as Chairman of the Commission.

(4) The members of the Commission shall be appointed for a

term of three years, but shall be eligible for re-appointment on the

expiration of their term of office. Any member may, before the

expiration of his term of office, resign by letter addressed to the

Minister.

(5) A person shall not be qualified to hold office as a member

of the Commission if he -

(a) is a Minister or a Parliamentary Secretary, or

(b) is a Judge or Magistrate, or

(c) has a financial or other interest in any enterprise or

activity which is likely to affect the discharge of his

functions as a member of the Commission

Provided that the Minister may waive the disqualification

of a person under paragraph (c) if such person declares the interest

and such declaration and waiver are published in the Gazette.

(6) Subject to the provisions of this article, the office of a

member of the Commission shall become vacant -

(a) at the expiration of his term of office, or

(b) if any circumstances arise that, if he were not a

member of the Commission, would cause him to be

disqualified for appointment as such.

(7) A member of the Commission may be removed from office

by the Minister if, in the opinion of the Minister, such member is

unfit to continue in office or has become incapable of properly

performing his or her duties as a member.

(8) If a member resigns or if the office of a member of the

Commission is otherwise vacant or if a member is for any reason

unable to perform the functions of his office, the Minister may

appoint a person who is qualified to be appointed to be a temporary

member of the Commission. Any person so appointed shall, subject

to the provisions of subarticles (6) and (7) cease to be such a

member when a person has been appointed to fill the vacancy or, as

the case may be, when the member who was unable to perform the

functions of his office resumes those functions.

(9) Any member of the Commission who has any direct or

indirect interest in any contract or decision made or proposed to be

made by the Commissioner or in any decision of the Commission in

terms of article 4(1)(j), not being an interest which disqualifies

such member from remaining a member, shall disclose the nature of

his interest at the first meeting of the Commission after the relevant

facts have come to his knowledge. Such disclosure shall be

recorded in the minutes of the Commission, and the member having

an interest as aforesaid shall withdraw from any meetings at which

such contract or decision is discussed. Any such disclosure shall be

communicated to the Minister without delay. Where the interest of

the member is such as to disqualify him from remaining a member,

he shall report the fact immediately to the Minister and tender his

resignation.

(10) The members of the Commission shall receive such

remuneration as the Minister may decide.

(1) The Commission shall not be an executive body and it

shall not have any executive functions except for the function

provided for in paragraph (j). The functions of the Commission

shall be to

(a) advise the Minister on policy matters relating to the

promotion, development and support of the

audiovisual and film servicing industry including, but

not limited to, the introduction of fiscal, tax and other

MALTA FILM COMMISSION

incentives;

(b) advise the Minister on how best to structure and

integrate local resources, at both Government and

Local Council levels, in order to facilitate the

promotion of Malta as a location, ensuring that

competitiveness and minimal bureaucracy are essential

elements to be achieved;

(c) advise the Minister on the signing of any bilateral,

multilateral or international treaty, convention or

agreement that may encourage local participation in

audiovisual productions and lead to further

international collaboration in the audiovisual industry;

(d) advise the Minister in the development of a

comprehensive skills training strategy which is

flexible and responsive to industrial and technological

change in collaboration with the audiovisual industry

and other interested parties;

(e) advocate the educational importance of film and the

role it plays in fostering citizenship, creativity and

innovation, as well as to encourage and promote, for

the benefit of the Maltese audiovisual industry, the

study and appreciation of films and filmmaking and to

support initiatives to promote media literacy and

developing the links between literacy and film;

(f)

support the development of opportunities for access to

cinema history and heritage and the use of film history

in understanding identity, representation, culture and

creativity;

(g) encourage excellence and innovation particularly

through the use of new digital technologies;

(h) generally promote Malta as a destination for the

shooting of audiovisual works and for the setting up of

audiovisual and film servicing enterprises;

(i)

recommend to the Commissioner the adoption of

measures aimed at ensuring that approved policies and

initiatives are translated into concrete action plans;

(j)

to determine the level of fiscal and other benefits in

accordance with the provisions of Part V of this Act;

(k) generally assist the Commissioner in the exercise of

his functions;

(l)

to carry out any function as may from time to time be

assigned to it by the Minister.

(2) The Minister may, from time to time, as he may deem

appropriate, give in writing and publish such directives as regards

the policies and plans of the Government to be adopted and

followed by the Commission, and the Commission shall, as soon as

practicable, adopt and follow such directives.

(1) There shall be a Film Commissioner who shall be

appointed by the Minister.

(2) The Commissioner shall hold office for a term of three

years, but shall be eligible for re-appointment on the expiration of

his term of office.

(3) A person shall not be qualified to hold office as

Commissioner if he -

(a) is a Minister, Parliamentary Secretary or a Member of

the House of Representatives, or

(b) is a Judge or Magistrate, or

(c) has a financial or other interest in any enterprise or

activity which is likely to affect the discharge of his

functions as Commissioner

Provided that the Minister may waive the disqualification

of a person under paragraph (c) if such person declares the interest

and such declaration and waiver are published in the Gazette.

(4) Subject to the provisions of this article, the office of the

Commissioner shall become vacant -

(a) at the expiration of his term of office, or

(b) if any circumstances arise that, if he were not a

Commissioner, would cause him to be disqualified for

appointment as such.

(5) If the Commissioner resigns or if his office is otherwise

vacant or if the Commissioner is for any reason unable to perform

the functions of his office the Minister shall appoint a person who

is qualified to be appointed as a temporary Commissioner, if such

person is qualified to be a Commissioner. Any person so appointed

shall cease to be such a Commissioner when a Commissioner is

appointed to fill the vacancy or, as the case may be, when the

Commissioner who was unable to perform the functions of his

office resumes those functions or, in the case of a temporary

purpose, the temporary Commissioner has performed the function

assigned to him.

(6) The Commissioner may be removed from office by the

Minister if, in the opinion of the Minister, such member is unfit to

continue in office or has become incapable of properly performing

his or her duties as a Commissioner.

(7) The Commissioner shall receive such remuneration as the

Minister may decide.

(1) It shall be the function of the Commissioner to adopt

and i m pl em en t me asures for t he d eve lo pm en t, sup po rt and

promotion of the audiovisual industry in Malta, and, in general, to

implement Malta’s audiovisual policy.

(2) Without prejudice to the generality of the provisions of

subarticle (1) and to any other functions attributed to the

Commissioner by this Act, the Commissioner shall in particular

have the function -

(a) to assist and encourage by any means he considers

appropriate, the production of films in Malta and the

set up of industries for the production of films in

MALTA FILM COMMISSION

Malta;

(b) to market the locations, facilities, skills, talent and

expertise available in Malta in order to attract inward

investment in the form of international audiovisual

productions shooting in Malta;

(c) to analyse, assess and certify the eligibility of projects

and, or beneficiaries for tax or other incentives

provided by the Government of Malta according to the

criteria established by or under this Act or any other

enactment and to make recommendations to the

Commission for the determination of the level of fiscal

and other benefits in accordance with the provisions of

Part V of this Act;

(d) to make recommendations to the Commission for

advances, loans, grants or awards of money to any

natural or legal person in connection with audiovisual

works according to criteria established by or under this

Act or any other enactment;

(e) to encourage and promote cohesion within the local

audiovisual industry, in particular

(i)

to encourage and promote the exchange of

information amongst persons engaged in the

film industry,

(ii) to encourage and promote the efficient use of

available resources within the Maltese film

servicing industry, and

(iii) to co-operate with other interested or affected

bodies and organisations in order to encourage

and promote employment in the Maltese

audiovisual industry and the productivity of that

industry;

(f)

to approve co-productions between a co-producer

established in Malta and one or more co-producers

established abroad in accordance with any bilateral,

multilateral or international treaty, convention or

agreement to which Malta is a party and to issue any

relevant certificate which grants "nationality" to such

co-productions;

(g) to participate and promote participation in

international collaborative projects and to enter into

agreements with similar foreign and international

bodies;

(h) to represent Malta and its audiovisual industry on

international film bodies and events;

(i)

to coordinate the effort to combat copyright abuse in

the film industry, including but not limited to film

piracy on the Internet or other electronic networks, or

on physical media;

(j)

to deal, negotiate and enter into agreements of

permanent or temporary nature or establish codes of

conduct with any public body, public authority,

government department, public corporation, local

council, or private entity or person on any matters

pertaining to the audiovisual industry;

(k) to advise the Minister on any matter connected with

the Commission’s functions under and for the

purposes of this Act;

(l)

to carry out such other functions as may from time to

time be assigned to him by the Minister.

(3)

The Commissioner may, if he so deems appropriate -

(a) monitor, keep under review and evaluate operations,

activities and matters in relation to the audiovisual or

film servicing industry;

(b) carry out studies, research and investigations relating

to any matter regarding the audiovisual industry;

(c) provide information and issue guidelines, to the public

and relevant entities, regarding film, the audiovisual

industry, the film servicing industry and audiovisual

policy in general;

(d) acquire, sell or otherwise dispose of or lease land,

plant, machinery and equipment, and other property,

and to otherwise make available property for use by

other persons;

(e) manage land, and to develop land, and to carry out

works on land, and to maintain works or assist in their

maintenance;

(f)

provide advisory or other services or facilities in

relation to any of his functions, or to assist in their

provision; and

(g) generally, do all such things as may be incidental or

conducive for the proper discharge of his functions

under this Act.

The Minister may make, vary or revoke regulations for the

pr o pe r co n du c t of th e b us in e s s o f t h e Co m m is s io n a n d t h e

Commissioner. Subject to the provisions of such regulations and of

this Act, the Commission and the Commissioner may regulate their

own procedures.

(1) The Commissioner shall have a distinct legal

personality and shall be capable, subject to the provisions of this

Act or any regulations made there under, of entering into contracts,

of acquiring, holding and disposing of any property for the

purposes of its functions, of suing and being sued, and of doing all

such things and entering into all such transactions as are incidental

or conducive to the exercise or performance of its functions under

this Act, including the lending or borrowing of money.

(2) Any document purporting to be an instrument made or

issued by the Commissioner and signed by him shall be received in

evidence and shall, until the contrary is proved, be deemed to be an

instrument made by the Commissioner.

(3) Judicial acts and actions by means of which a decision or

anything done by the Commission is impugned or contested shall

be filed against the Commissioner.

PART III

OFFICERS AND EMPLOYEES OF THE COMMISSIONER

Subject to the provisions of the Constitution and of any

other enactment applicable thereto, and without prejudice to the

other provisions of this Act or any regulations made thereunder, the

Commissioner shall appoint such officers and other employees as

may from time to time be necessary for the due and efficient

discharge of the functions of the Commissioner. The terms and

conditions of employment shall be established by the

Commissioner following the approval of the Minister.

(1) The Prime Minister may, at the request of the

Commissioner, from time to time direct that any public officer shall

be detailed for duty with the Commissioner in such capacity and

with effect from such date as may be specified in the direction.

(2) The period during which a direction as referred to in

subarticle (1) shall apply to any officer specified therein, shall,

unless the officer retires from the public service, or otherwise

ceases to hold office at an earlier date, or a different date is

specified in the direction, end on the happening of any of the

following events, that is to say

(a) the acceptance by such officer of an offer of transfer to

the service of, and permanent employment with the

Commissioner made pursuant to article 12; or

(b) the revocation by the Prime Minister of any direction

made by him under this article in relation to such

officer.

(3) Where a direction as referred to in subarticle (1) is revoked

by the Prime Minister in relation to any officer, the Prime Minister

may, by further direction, detail such officer for duty with the

Commissioner in such capacity and with effect from such date as

may be specified in the further direction and the provisions of

subarticle (2) shall thereupon apply to the period of duration of

such further direction in relation to such officer.

(1) Where a public officer is detailed for duty with the

Commissioner under any of the provisions of article 10, such

officer shall, during the time in which such direction has effect in

relation to him or her, be under the administrative authority and

control of the Commissioner but shall for other intents and

purposes remain and be considered and treated as a public officer.

(2) Without prejudice to the generality of the provisions of

subarticle (1), an officer detailed for duty as aforesaid -

(a) shall not during the time in respect of which he or she

is so detailed -

(i)

be precluded from applying for a transfer to a

department of the Government in accordance

with the terms and conditions of service attached

to the appointment under the Government held

by him or her at the date on which he or she is so

detailed for duty; or

(ii) be so employed that his or her remuneration and

conditions of service are less favourable than

those which are attached to the appointment

under the Government held by him or her at the

date aforesaid or which would have become

attached to such appointment, during the said

period, had such officer not been detailed for

service with the Commissioner; and

(b) shall be entitled to have his or her duty with the

Commissioner considered as service with the

Government for the purposes of any pension, gratuity,

or benefit under the Pensions Ordinance and the

Widows’ and Orphans’ Pensions Act and of any other

right or privilege to which he or she would be entitled,

and liable to any liability to which he or she would be

liable, but for the fact of his or her being detailed for

duty with the Commissioner.

(3) Where an application is made as provided in subarticle

(2)(a)(i) the same consideration shall be given thereto as if the

applicant had not been detailed for service with the Commissioner.

(4) The Commissioner shall pay to the Government such

contributions as may from time to time be determined by the

Minister responsible for finance in respect of the cost of pensions

and gratuities earned by an officer detailed for duty with the

Commissioner as aforesaid during the period in which he is so

detailed.

(1) The Commissioner may, with the approval of the

Prime Minister, offer to any officer detailed for duty with the

Commissioner under the provisions of article 10 permanent

employment with the Commissioner at a remuneration and on terms

and conditions not less favourable than those enjoyed by such

officer at the date of such offer.

(2) The terms and conditions comprised in any offer made as

aforesaid shall not be deemed to be less favourable merely because

they are not in all respects identical with or superior to those

enjoyed by the officer concerned at the date of such offer, if such

terms and conditions, taken as a whole, in the opinion of the Prime

Minister offer substantially equivalent or greater benefits.

(3) Every public officer who accepts permanent employment

with the Commissioner offered to him under the provisions of

subarticle (1) shall, for all purposes other than those of the

Pensions Ordinance and the Widows’ and Orphans’ Pensions Act,

and saving the provisions of subarticle (6), cease to be in service

with Government and shall enter into service with the

Commissioner on the date of his acceptance, and for the purposes

of the said Ordinance and of the said Act, insofar as applicable to

him, service with the Commissioner shall be deemed to be service

with the Government within the meanings thereof respectively.

(4) Any officer as referred to in subarticle (3) who,

immediately before accepting permanent employment with the

Commissioner was entitled to benefit under the Widows’ and

Orphans’ Pensions Act, shall continue to be entitled to benefit

under the said Act as if his or her service with the Commissioner

were service with the Government.

(5) The Commissioner shall pay to the Government such

contributions as may from time to time be determined by the

Minister responsible for finance in respect of the cost of pensions

and gratuities earned by an officer who has accepted permanent

employment with the Commissioner as aforesaid during the period

commencing on the date of such officer’s acceptance.

(6)

(a) For the purposes of the Pensions Ordinance the

pensionable emoluments of such public officer on

retirement shall be deemed to be the pensionable

emoluments payable to an officer in Government

service in a grade and at an incremental level

corresponding to the post and incremental level at

which the officer retires from the Commissioner.

(b) The classification referred to in paragraph (a) shall be

carried out by a board composed of a chairperson

appointed by the Minister responsible for finance and

two other members, one appointed by the Minister

responsible centrally for personnel policies in the

public service and one appointed by the

Commissioner. The classification shall be subject to

the final approval of the Minister responsible for

finance.

(c) The classification shall take place within three months

of any adjustment of salaries of employees in

Government service and, or of employees of the

Commissioner.

(d) No post shall be classified in a grade higher than that

of a Grade 3 in the service of the Government or such

other grade that the Minister responsible for finance

may from time to time by notice in the Gazette

determine.

(e) Without prejudice to article 113 of the Constitution, no

person may, following a classification as aforesaid, be

entitled to rights under the said Pensions Ordinance

less favourable than those to which he or she would

have been entitled prior to such classification.

PART IV

FINANCIAL PROVISIONS

(1) Without prejudice to the following provisions of this

article, the Commissioner shall so conduct his affairs that the

expenditure required for the proper performance of his functions

shall, as far as practicable, be met out of the Commissioner ’s

revenue.

(2) For purpose mentioned in subarticle (1), the Commissioner

shall levy all fees, rates and other payments as prescribed by or

under this Act or any other law.

(3) The Commissioner shall also be paid by Government out of

the Consolidated Fund such sums as Parliament may from time to

time authorise to be appropriated to meet any of its expenditure that

cannot be covered by its revenue.

(4) Any excess of revenue over expenditure shall, subject to

such directives as the Minister, after consultation with the Minister

responsible for finance, may from time to time give, be applied by

the Commissioner to the formation of reserve funds to be used for

the purposes of the Commissioner. Without prejudice to the

generality of the powers given to the Minister by this subarticle,

any direction given by the Minister as aforesaid may order the

transfer to the Government, or the application in such manner as

may be specified in the direction, of any part of the fees, rates and

other payments levied in accordance with subarticle (2) or any such

excess as aforesaid.

(5) Any funds of the Commissioner not immediately required

to meet expenditure may be invested in such manner as may from

time to time be approved by the Minister.

The Minister responsible for finance may, after

consultation with the Minister, make advances to the Commissioner

of such sums as he may agree to be required by the Commissioner

for carrying out any of his functions under this Act, and may make

such advances on such terms and conditions as he may, after

consultation as aforesaid, deem appropriate. Any such advance may

be made by the Minister respon sible for finance out of the

Consolidated Fund, and without further appropriation other than

this Act, by warrant under his hand authorising the Accountant

General to make such advance.

(1) The Commissioner may also receive from Government

out of the Consolidated Fund such sums as may be required for the

allocation of funds in terms of articles 27 and 29.

(2) Without prejudice to any other provision of this Act, the

Minister may give to the Commissioner directives as to the

application of those sums as referred to in subarticle (1).

(1) For the purpose of carrying out any of its functions

under this Act, the Commissioner may, with the approval in writing

of the Minister given after consultation with the Minister

responsible for finance, borrow or raise money in such manner,

from such person, body or authority, and under such terms and

conditions as the Minister, after consultation as aforesaid, may in

writing approve.

(2) The Commissioner may also, from time to time, borrow, by

way of overdraft or otherwise, such sums as he may require for

carrying out his functions under this Act

Provided that for any amount in excess of one hundred and

sixteen thousand and four hundred and sixty-eight euro and sixty-

seven cents (116,468.67), there shall be required the approval of

the Minister in writing.

(1) The Minister responsible for finance may, for any

requirements of the Commissioner of a capital nature, contract or

raise loans, or incur liabilities, for such periods and on such terms

and conditions as he may deem appropriate; and any sums due in

respect of or in connection with any such loan or liability shall be a

charge on the Consolidated Fund.

(2) Notice of any loans, liabilities or advances made or

incurred under the subarticle (1) shall be given to the House of

Representatives as soon as practicable.

(3) Pending the raising of any such loan as is mentioned in

subarticle (1), or for the purpose of providing the Commissioner

with working capital, the Minister responsible for finance may, by

warrant under his hand, and without further appropriation other

than this Act, authorise the Accountant General to make advances

to the Commissioner out of the Treasury Clearance Fund under

such terms as may be specified by the Minister upon the making

thereof.

(4) The proceeds of any loan raised for the purposes of making

advances to the Commissioner, and any other moneys to be

advanced to the Commissioner under this article, shall be paid into

a fund specially established for the purpose and which shall be

known as the "Malta Film Commission Loan Fund".

(5) Sums received by the Accountant General from the

Commissioner in respect of advances made to the Commissioner

under subarticle (3) shall be paid, as respects of amounts received

by way of repayment into the Treasury Clearance Fund, and as

respects of amounts received by way of interest into the

Consolidated Fund.

(1) The Commissioner shall, by the end of September of

each year or such other month as the Minister may prescribe,

submit to the Minister, a business plan for the following three

financial years together with an estimated capital and recurrent

expenditure and income for the following year

Provided that the estimates for the first financial year of the

Commissioner shall be prepared and adopted within such time as

the Minister may by notice in writing to the Commissioner specify.

(2) In the preparation of the estimates referred to in subarticle

(1) the Commissioner shall take account of any funds and other

moneys that may be due to be paid to it out of the Consolidated

Fund during the relevant financial year, whether by virtue of this

Act or an appropriation Act or any other law. The Commissioner

shall prepare the said estimates so as to ensure that the total

revenues of the Commissioner are at least sufficient to meet all

sums properly chargeable to the Commissioner’s revenue account

including, but without prejudice to the generality of that

expression, depreciation.

(3) The estimates

shall

include

the

estimates

for

the

Commission.

(4) The estimates shall be made out in such form and shall

contain such information and such comparisons with previous years

as the Minister and or the Minister responsible for finance may

direct.

(5) A copy of the estimates shall, upon their adoption by the

Commissioner, be sent forthwith by the Commissioner to the

Minister and to the Minister responsible for finance.

(6) The Minister shall at the earliest opportunity and not later

than six weeks after he has received a copy of the estimates from

the Commissioner approve the same with or without amendment,

after consultation with the Minister responsible for finance.

(1) No expenditure shall be made or incurred by the

Commissioner unless it has been approved by the Minister as

provided in article 18.

(2) Except for funds generated by the Commissioner or

received from non-State sources, the Commissioner shall remain

within the parameters of capital and recurrent expenditure allocated

to him by the Minister as authorised by the Minister responsible for

finance.

(3)

Notwithstanding the provisions of subarticles (1) and (2) -

(a) until the expiration of six months from the beginning

of a financial year, or until the approval of the

estimates for that year by the Minister, whichever is

the earlier date, the Commissioner may make or incur

expenditure for carrying on his functions under this

Act not exceeding in the aggregate one-half of the

amount approved by the Minister for the preceding

financial year;

(b) expenditure approved in respect of a head or sub-head

of the estimates may, with the approval of the Minister

given after consultation with the Minister responsible

for finance, be made or incurred in respect of another

head or sub-head of the estimates;

(c) in respect of the first financial year, the Commissioner

may make or incur expenditure not exceeding in the

aggregate such amounts as the Minister responsible for

finance may, after consultation with the Minister,

allow;

(d) if in respect of any financial year it is found that the

amount approved by the Minister is not sufficient or a

need has arisen for expenditure for a purpose not

provided for in the estimates, the Commissioner may

adopt supplementary estimates for approval by the

Minister, and in any such case the provisions of this

Act applicable to the estimates shall apply to the

supplementary estimates mutatis mutandis.

All estimates and supplementary estimates of the

Commissioner approved by the Minister shall, as soon as

practicable, be laid on the Table of the House Representatives.

(1) The Commissioner shall cause to be kept proper

accounts and other records concerning its operations and

transactions, and shall cause to be prepared a statement of accounts

on a quarterly basis and another in respect of each financial year.

(2) The accounts of the Commissioner shall be audited by an

auditor or auditors to be appointed by the Commissioner and

approved by the Minister

Provided that the Minister responsible for finance may,

after consultation with the Minister, require the books and accounts

of the Commissioner to be audited or examined by the Auditor

General who shall for such purpose have power to carry out such

physical checking and any other certifications as he may deem

necessary.

(3) After the end of each financial year, the Commissioner shall

cause a copy of the statement of account duly audited to be

transmitted to the Minister and to the Minister responsible for

finance together with a copy of any report made by the auditors on

that statement or on the accounts of the Commissioner.

(4) The Minister shall, as soon as practicable, cause a copy of

every such statement and report to be laid on the Table of the

House of Representatives.

The Commissioner shall follow procurement procedures as

regulated by the Public Procurement Regulations, or any

amendment thereto.

The Commissioner shall, not later than six weeks after the

end of each financial year, send to the Minister a copy of its audited

statements of accounts, a copy of the report made by the auditor or

auditors about the statements or on the accounts of the

Commissioner, together with a report dealing generally with the

activities of the Commissioner during that financial year and

containing such information relating to the proceedings and policy

of the Commissioner. The Minister shall cause a copy of every such

report to be laid on the Table of the House of Representatives and

to be presented to the Minister responsible for finance and to the

Auditor General as soon as practicable.

The Commissioner shall be deemed to be a public authority

for the purposes of the Value Added Tax Act.

PART V

INCENTIVE SCHEMES AND FINANCIAL SUPPORT

In this Part V of the Act, unless the context otherwise

requires -

"qualifying production" means an audiovisual production

satisfying the criteria and conditions as laid down in the Schedule

or as prescribed by the Minister, and that is certified as a qualifying

production in accordance with article 26;

"qualifying company" means any natural or legal person which

carries on, or intends to carry on in Malta, a trade or business which

consists in the production of film, or such other natural or legal

persons as may be prescribed by the Minister and who are certified

as a qualifying company in accordance with article 26.

(1) The Minister may, after consultation with the Minister

responsible for finance, by regulations prescribe

(a) the criteria and procedure for the certification of

qualifying companies and qualifying productions;

(b) measures granting fiscal and other benefits to

qualifying companies and qualifying productions; and

(c) the criteria and other measures to regulate the

provision, by the Commissioner, of assistance,

guarantees and grants under articles 27, 28 and 29.

(2) The Commission shall be responsible to determine the

amount of aid to be given to any qualifying production or

qualifying company, such determination to be made after the

Commission has received the recommendation in writing of the

Commissioner

Provided that the Commission may adopt guidelines for the

determination of the level and, or the amount of fiscal or other

benefits.

(3) The Commissioner shall be responsible for making

recommendations to the Commission regarding the amount of aid

to be given to any qualifying production or qualifying company

and, following the determination of the Commission, for the

certification of persons as qualifying companies and of productions

as qualifying productions for the purposes of fiscal and other

benefits as may be provided for by or under this Act or by or under

any other enactment.

(4) Where regulations are prescribed in accordance with

subarticle (1), the powers and functions of the Commission and the

Commissioner under this article shall be exercised in accordance

with, and subject to, the provisions of any such regulations.

(1) Subject to prior approval of the Commission on a

project basis, the Commissioner may invest in, or make a loan or a

grant to defray in whol e or in part the cost of a qualifying

production wholly or partly made in Malta.

(2) The making of an investment, loan or grant under this

article shall be subject to such terms and conditions as the

Commissioner may think appropriate and expedient, including

terms and conditions relating to the repayment to the Commissioner

of any moneys paid by it and payment of interest on any such

money.

(1) Subject to prior approval of the Commission on a

project basis, the Commissioner may guarantee the due repayment

of the principal of any moneys borrowed in respect of a qualifying

production wholly or partly made in Malta or by a qualifying

company or the repayment of interest on such moneys, or both the

repayment of the principal and the payment of such interest, and

may provide other financial guarantees in respect of a qualifying

production.

(2) A guarantee under this article shall be in such form and

manner and on such terms and conditions as may be specified in a

scheme governing the giving of such guarantees prescribed by the

Minister, in concurrence with the Minister responsible for finance.

(3) Moneys required by the Commissioner to meet sums which

may become payable by the Commissioner under a guarantee shall

be paid out of the Commissioner’s revenue or the sums paid by

Government in accordance with article 13.

(1) Subject to prior approval of the Commission, the

Commissioner may, subject to such terms and conditions as he

thinks appropriate and expedient, make grants to be used to defray

in whole or in part the cost of providing training for persons in all

aspects of the production of film.

(2) Subject to prior approval of the Commission, the

Commissioner may provide moneys, subject to such terms as he

thinks appropriate and expedient, for activities, events and

initiatives in accordance with his functions as specified in article 6.

Where a term or condition subject to which an investment,

grant, loan or guarantee is made or given by the Commissioner

under this Part of the Act is contravened by the person to whom or

on whose behalf the investment, grant, loan or guarantee is made or

given, any amount owed to the Commissioner in respect of the

investment, grant loan or guarantee, together with the interest

payable on it, as the case may be, shall be deemed to be a debt

payable forthwith to the Commissioner and may be recovered by

the Commissioner as a contractual debt in any court having

jurisdiction

Provided that this article shall apply if the Commissioner

requests repayment of the whole or part of the amount and that the

amount owed to the Commissioner shall be deemed to be a debt

payable forthwith and recoverable by the Commissioner to the

extent of such request.

(1) The aggregate amount of any investment, grant or loan

provided by the Commissioner under articles 27 and 29, together

with the aggregate amount of principal and interest which the

Commissioner may at any time be liable to repay on the basis of

any guarantee under article 28, together with the amount of

principal and int erest, if any, which the Com missioner has

previously paid on the basis of any guarantees and which has not

been repaid to the Commissioner, shall not exceed such sum as may

be prescribed by the Minister, in consultation with the Minister

responsible for finance.

PART VI

MISCELLANEOUS

The Commissioner, the members of the Commission and

all officers and employees of the Commissioner shall be deemed to

be public officers within the meaning of the Criminal Code.

(1) The Minister may make regulations generally to give

effect to the provisions of this Act and, in particular, but without

prejudice to the generality of the foregoing

(a) to provide for any matter which is required or

authorised by the Act to be prescribed;

(b) to establish the administrative and organisational

procedures to be followed by the Commission and the

Commissioner;

(c) to establish schemes for the purpose of funding or

subsidising programmes, initiatives and events

concerning the audiovisual or film-servicing industry;

(d) to deal with any matter related to officers and

employees of the Commissioner;

(e) to deal with any matter related to the expenditure and

income of the Commissioner, the Commissioner’s

estimates and accounts, and their verification.

(2)

The Minister may also by regulation amend the Schedule.

Schedule

(Articles 25 and 33)

An audiovisual production shall be deemed to be a "qualifying

production" as mentioned in article 25 if it satisfies the following

conditions

(a)

the audiovisual work concerned is partially or

wholly carried out in Malta (including works related to

animation and visual effects activities together with post-

production); and

(b)

processed to commercial release standards, for

local and, or international distribution for theatrical release, TV

Broadcast and video on demand and subscription video on

demand platforms; and

(c)

makes a valid contribution to the expression of

creativity and culture through the development of production

capability skills in the audiovisual sector; and

(d)

the audiovisual work concerned is categorised as

(i)

"feature film" means a film which includes

those shot direct-to-video, where the film is commonly

screened as the main attraction in commercial cinemas,

and is of a duration of not less than sixty (60) minutes, or

in the case of a large format (IMAX) film of not less than

forty-five (45) minutes;

(ii)

television,

video

on

demand

or

subscription video on demand production (including

film, series or mini-series including pilots)

(aa) "television, video on demand or

subscription video on demand film" means a

drama (meaning a composition which tells a story

through the development of any theme and plot,

by means of dialogue and action and the portrayal

of characters, settings, and life situations) of a like

nature to a feature film capable of being exhibited

on television where the television movie is not

less than one (1) commercial television hour in

length, or in the case of a programme

predominantly utilising cell, stop motion and, or

computer animation not less than one half (½)

commercial television hour, and is shot and

processed to commercial release standards, for

cinema exhibition or domestic and international

television broadcast; or

MALTA FILM COMMISSION

(bb) "television, video on demand or

subscription video on demand series" or

"television, video on demand or subscription

video on demand mini-series" means an episodic

television drama, including animation, which is

either an extended but self-contained drama made

for television wherein the key dramatic elements

of character, theme and plot are introduced,

developed and concluded so as to form a narrative

structure (similar to that of a novel) which

features a major continuous plot enhanced by

minor plots and there is the expectation of an

ending that resolves the major plot tensions and is

arranged into consecutive episodes for screening

purposes; or an anthology of drama works for

television where the key dramatic elements of

character, theme and plot are introduced,

developed and concluded so as to form a narrative

structure within each episode (similar to that of a

novel or a short story) and is made to be broadcast

under one generic title, and is shot and processed

to commercial release standards, for domestic and

international television broadcast;

(iii) "creative documentary" means a project

based on an original theme which contains a certain

''timeless" element so that there is no loss of interest

when the event with which the theme is linked has passed

and contains significant original filming and is not

limited to the reporting of information;

(iv) "reality

programmes

(scripted

or

unscripted)" means programmes which may be live or

recorded and directly or indirectly promote the Maltese

Islands and its culture;

(v)

"game or competition shows" means shows

which may be live or recorded and directly or indirectly

promote the Maltese Islands and its culture;

(vi) "short film" means an original motion

picture that has a running time of forty (40) minutes or

less, including all credits.

(vii)

"Innovative audiovisual content" means

content falling under the umbrella term Extended Reality

(XR), encompassing immersive technologies, including

virtual reality (VR), augmented reality (AR), and mixed

reality (MR). The production shall aim to create

interactive narrative storytelling and immersive

experiences intended for production and global

MALTA FILM COMMISSION

commercial exploitation, irrespective of the platform or

distribution method. These new cinematic environments

extend beyond the traditional big screen and offer

possibilities in immersive theatres or online, including

virtual reality spaces and virtual worlds, such as the

metaverse, where the convergence of physical and virtual

spaces may be accessed through PCs, consoles, mobile

devices, tablets, smart phones, head-mounted displays

(HMDs) and other technologies. Productions shall have

cross-border potential to reach European and

international markets

Provided that for productions to be

considered narrative, they shall focus on storytelling and

experiences and shall not consist of games. The narrative

shall unfold throughout the interactive and immersive

experience and shall not be limited merely to an

introduction or ending. The content shall demonstrate a

high level of innovation and creative value.