ON THE SPOT FINES (NON-HABITUAL RESIDENTS) REGULATIONS (residentimhuxabitwali)

SUBSIDIARY LEGISLATION 291.10

ON THE SPOT FINES (NON-HABITUAL RESIDENTS)

REGULATIONS

8th July, 2026

LEGAL NOTICE 182 of 2026.

The title of these regulations is the On the Spot Fines

(Non-habitual Residents) Regulations.

In these regulations, unless the context otherwise

requires

"Act" means the Commissioners for Justice Act;

"authorised officer" means any officer forming part of

the Malta Police Force, the Local Enforcement Systems Agency

or the Environmental Resources Authority authorised in

accordance with the Act to enforce or prosecute the offences

listed in the Schedule of the Act;

"Commissioner" means a Commissioner for Justice

appointed in accordance with article 3 of the Act;

"non-habitual resident" means any natural person who is

not a Maltese national and does not hold a valid residence

document or other long-term residence permit;

"on the spot fine" refers to a fine (multa or ammenda)

imposed on a non-habitual resident by an authorised officer in

accordance with these regulations for an offence listed in the

Schedule to the Act;

"Petitions Board" shall have the same meaning as

assigned to it in regulation 3 of the Petitions (Local Tribunals)

Regulations;

"travel document" means a valid passport or any other

official identity document issued by a competent authority

which enables a person to travel internationally and to cross

external borders.

(1)

These regulations shall apply only to offences

which are

(a)

listed in the Schedule to the Act;

(b)

offences which are prosecuted before a

Commissioner in accordance with the Act or any other

applicable law;

(c)

committed by a non-habitual resident within the

territory or jurisdiction of Malta.

(2)

These regulations shall not apply to

(a)

offences that are punishable with a term of

imprisonment or to offences expressly excluded under any

other law; or

(b)

a non-habitual resident charged with an offence

listed under article 4(1) of the Drug Dependence (Treatment not

Imprisonment) Act.

(1)

Where an authorised officer has reasonable

grounds to suspect that a person has committed an offence listed in the

Schedule to the Act and such person is a non-habitual resident, the

authorised officer shall initiate the on the spot fine procedure in

accordance with this regulation

Provided that where a non-habitual resident is also

suspected of concurrently committing another offence under any other

law not included under the Schedule to the Act, the on the spot fine

procedure shall not be applied and proceedings shall be instituted in

accordance with the legislation under which the offences were

committed.

(2)

The authorised officer shall, at the time of issuing the on

the spot fine, inform or make available to the non-habitual resident the

following information

(a)

the nature of the offence alleged to have been

committed;

(b)

the amount of the fine (multa or ammenda)

payable;

(c)

the requirement to effect payment of the on the

spot fine immediately using the payment methods provided for

in regulation 5(1);

(d)

the consequences for non-payment in accordance

with regulation 6;

(e)

that according to sub-regulation (4) the payment

of the on the spot fine by the person who was fined shall not

prejudice his right to submit a petition or appear before a

Commissioner.

(3)

Without prejudice to article 14(5) of the Act, where a

non-habitual resident is issued with an on the spot fine under this

regulation, such fine (multa or ammenda) shall be payable

immediately upon its issuance through one (1) of the authorised

payment methods provided under regulation 5.

(4)

Payment of an on the spot fine under these regulations

shall not prejudice the right of the non-habitual resident to submit a

petition before the Petitions Board in accordance with the Petitions

(Local Tribunals) Regulations or appear before a Commissioner in

accordance with regulation 8 and the provisions of the Act relating to the

on the spot fine issued. Any payment of an on the spot fine made

pursuant to these regulations shall, until the conclusion of proceedings

before the Commissioner or before the Petitions Board, be deemed to

constitute a deposit made to guarantee the execution of a decision in the

event of a finding of guilt by the Commissioner or of a denial of a

petition by the Petitions Board.

(5)

Where the non-habitual resident elects to pay the on the

spot fine immediately, the amount payable shall be the amount

prescribed for the offence under the corresponding provision of the Act

or of any regulations made thereunder

Provided that where an offence listed in the Schedule to

the Act provides for a range within which a fine (multa or ammenda)

may be imposed, the authorised officer shall impose the minimum

amount within that range

Provided further that without prejudice to the provisions

of article 14(3) of the Act, any amount payable in respect of an on the

spot fine in accordance with these regulations shall in no case be less

than twenty-five euro (€25) or the minimum punishment established

by law for the offence, whichever is the higher.

(6)

Where a non-habitual resident submits a petition before

the Petitions Board or appears before a Commissioner in relation to the

payment of the on the spot fine issued, and such petition or appearance

before the Commissioner results in the on the spot fine being

overturned, any amount paid in respect of such an on the spot fine

shall be reimbursed to the non-habitual resident without undue delay.

For the purposes of these regulations, the filing of written submissions

to a Commissioner shall be deemed to constitute an appearance before

such Commissioner

Provided that where a petition has been submitted before

the Petitions Board, the Board shall decide on the petition within forty-

eight (48) hours from the date of submission

Provided further that a hearing before the Commissioner

may be held by electronic means.

(7)

Where a non-habitual resident has paid the on the spot

fine and does not submit a petition before the Petitions Board or

appear before the Commissioner in relation to the payment of the on

the spot fine issued, within the time-limits established under the Act,

the liability in respect of the offence shall be deemed extinguished and

no further proceedings shall be taken against the non-habitual resident.

(1)

Payment of an on the spot fine shall be effected

(a)

through an electronic payment system for on the

spot fines authorised by the Minister by a Government notice in

the Gazette; or

(b)

by such other electronic means as may from time

to time be authorised by the Minister by means of a

Government notice in the Gazette for such purpose

Provided that for the purposes of these regulations

payment of an on the spot fine shall not be effected in cash.

(2)

The authorised officer shall request payment of the on

the spot fine at the time of its imposition.

(3)

Payment shall be deemed to have been effected only

upon the successful processing of the transaction and issuance of a

receipt, in electronic or physical form, generated by the electronic

payment system.

(4)

A non-habitual resident who effects immediate payment

shall produce to the authorised officer, the electronic or physical

receipt confirming successful payment of the on the spot fine.

(1)

Where a non-habitual resident upon whom an on

the spot fine is imposed fails or refuses to effect immediate payment

thereof in accordance with these regulations, the Executive Police

may, for the purpose of ensuring the appearance of such non-habitual

resident in proceedings before a Commissioner in accordance with the

Act, seize any travel document in the possession of such non-habitual

resident

Provided that where such non-habitual resident refuses or

fails to produce any identity or travel document and his identity cannot

be established with reasonable certainty, the Executive Police may

proceed to arrest the non-habitual resident in accordance with article

355Z of the Criminal Code and upon such arrest, the Executive Police

may exercise the powers of search incidental thereto and retain any

document found in his possession for the purposes of establishing

identity and ensuring appearance before a Commissioner

Provided further that nothing in these regulations shall be

construed as preventing the Executive Police from applying for and

obtaining a warrant in accordance with article 355E of the Criminal

Code to search the temporary residence of such non-habitual resident

for the purpose of locating and seizing any travel document relevant to

proceedings in accordance with these regulations.

(2)

Any travel document seized in accordance with sub-

regulation (1) shall be retained by the Executive Police until the

payment of the on the spot fine is made in full or until the conclusion

of the proceedings before a Commissioner in respect of the offence

concerned

Provided that where the non-habitual resident is found

guilty by a Commissioner, the travel document shall only be returned

upon payment of the on the spot fine in full.

(3)

A Police officer shall duly inform the non-habitual

resident that failure to immediately pay the on the spot fine in

accordance with regulation 5 shall result in the seizure of any travel

documents in the possession of the non-habitual resident in accordance

with these regulations pending the conclusion of proceedings before a

Commissioner.

(4)

Upon payment of the on the spot fine in full, any travel

document seized in accordance with these regulations shall be returned

to the non-habitual resident without undue delay.

(5)

Where upon the conclusion of proceedings before a

Commissioner, the non-habitual resident is found not guilty or the on

the spot fine is otherwise waived, any travel document seized in

accordance with these regulations shall be returned without undue

delay.

(6)

Where a non-habitual resident is issued with an on the

spot fine by an authorised officer forming part of the Local

Enforcement Systems Agency or the Environmental Resources

Authority and such non-habitual resident refuses or fails to effect

payment of the on the spot fine in accordance with regulation 5, the

authorised officer shall have the right to request the assistance of the

Executive Police and the Executive Police may seize any travel

document belonging to the non-habitual resident in accordance with

the provisions of sub-regulation (1).

(7)

Where following the conclusion of proceedings before a

Commissioner, the non-habitual resident is found guilty and fails or

refuses to effect full payment of the amount due, the competent

authorities may also take the necessary measures to prohibit or restrict

the re-entry of such non-habitual resident into the territory of Malta, in

accordance with the Immigration Act and any regulations made

thereunder.

(1)

These regulations shall not be construed as

limiting or derogating from any right conferred under the Act or under

any other law to which a person may be entitled in relation to

proceedings before a Commissioner.

(2)

Any appearance before a Commissioner shall be

conducted in accordance with the applicable provisions of the Act.

(1)

Notwithstanding any other provision in these

regulations, where a non-habitual resident elects to appear before a

Commissioner in relation to an on the spot fine imposed in accordance

with these regulations, proceedings before a Commissioner shall be

conducted in an expedited manner

Provided that a non-habitual resident may decide to make

written submissions, within the timeframe imposed by a

Commissioner, instead of appearing in person before a Commissioner.

(2)

Notwithstanding any provision contained in the Act, any

notice issued to a non-habitual resident for the purposes of

proceedings in accordance with these regulations, including any

requirement to appear before a Commissioner or to make written

submissions, may be notified to such person by means of an electronic

address provided by the non-habitual resident to the authorised officer

at the time of the imposition of the on the spot fine, and such service

shall be deemed to constitute valid service of such notice. It shall be

incumbent upon such non-habitual resident to ensure that any details

so provided are accurate and kept up-to-date.

(3)

Proceedings before a Commissioner in accordance with

these regulations may be conducted wholly or partially by electronic

means, including the electronic submission of documents or the use of

any secure digital communication system as may be authorised by the

Minister by means of a Government notice in the Gazette.

(4)

The Minister may by means of a legal notice in the

Gazette, make regulations to facilitate the effective and secure conduct

of proceedings using electronic means in accordance with this

regulation.

(1)

All on the spot fines issued in accordance with

these regulations shall be recorded in an electronic system accessible

by Commissioners.

(2)

The Minister may by means of regulations regulate the

enforcement, payment systems and safeguards to ensure the effective

implementation of the provisions of these regulations.

ON THE SPOT FINES (NON-HABITUAL RESIDENTS)