Identity Card and other Identity Documents Act Order, 2012

L.N. 308 of 2012

EUROPEAN UNION ACT

(CAP. 460)

Identity Card and other Identity Documents Act Order, 2012

IN exercise of the powers conferred upon him by article 4(2) of

the European Union Act, the Prime Minister has made the following

(1) The title of this order is the Identity Card and other Citation and

commencement.

Identity Documents Act Order, 2012.

(2) This order shall come into force on such date as the Prime

Minister may, by notice in the Gazette appoint, and different dates

may be so appointed for different purposes and for different

provisions of this order.

The Identity Card Act (Cap. 258) shall be substituted by Substitutes the

Identity Card

the following new Act

Act,

1. The short title of this Act is the Identity

Card and other Identity Documents Act, 2012.

2. In this Act, unless the context otherwise

requires:–

"asylum seeker" means a person who has made

an application for asylum in terms of the Refugees

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

Refugees 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 Refugees

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.

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

or in the case of Maltese nationals returning to Malta

with the intention of setting up permanent residence,

as soon as possible after their return to Malta, provided

that where the identity card is requested during the

first six months of residence, the provisions of article

8(2) shall apply.

(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 his act of birth number as

given by the Public Registry. 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)

sex;

B 2707 C 2707

(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 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 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.

(1) 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.

(2) When a Maltese national returns to Malta

intending to set up permanent residence, the identity

card cannot be used for travel purposes and such card

shall be cancelled once a new identity card is issued 6

months from the return as referred to in article 4.

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 Refugees

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 Refugees

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;

(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

Refugees 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 Refugees 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 Refugees 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,

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 Refugees 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 Refugees 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.

(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 13(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, 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

Refugees 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 may be

established for each day during which the offence

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.

The European Parliament Elections shall be

amended as follows

(a) in subarticle (1) of article 14 the words " a

valid identity document:" shall be substituted by the

words "a valid identity document." and the proviso

thereof shall be deleted; and

(b) article 16 shall be substituted as follows

16. A person whose name appears

Deregistration

from the

on

the

Electoral Roll may at any time, in

Electoral Roll.

writing, request the Electoral Commission

to remove his name from such Electoral

Roll and thereupon his name shall be

struck off the Electoral Roll.

(1) Saving the provisions of sub-article

(2), the Identity Card Act, hereinafter referred to as the

"repealed Act", is hereby repealed, without prejudice

to anything done or omitted to be done thereunder.

(2) Notwithstanding the provisions of sub-

article (1), any action prescribed and taken under 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.”.

€1.08