RADIOCOMMUNICATIONS (PUNISHMENTS AND VOLUNTARY SETTLEMENT OF DISPUTES PROCEDURES) REGULATIONS

RADIOCOMMUNICATIONS (PUNISHMENTS AND

VOLUNTARY SETTLEMENT OF DISPUTES

PROCEDURES)

SUBSIDIARY LEGISLATION 399.37

RADIOCOMMUNICATIONS (PUNISHMENTS AND

VOLUNTARY SETTLEMENT OF DISPUTES

PROCEDURES) REGULATIONS

15th October, 2004

LEGAL NOTICE 439 of 2004, as amended by Legal Notices 407 of 2007,

299 of 2014 and 19 of 2022.

The title of these regulations is the Radiocommunications

(Punishments and Voluntary Settlement of Disputes Procedures)

Regulations.

(Regulation 4)

Where a person pays a licence fee within the period prescribed in

regulation 4 of these regulations that person shall, depending on the

amount stated in the first column, also pay the fines (multi) stated

in the second column

Where the licence fee due is not more than €250

€10

Where the licence fee is more than €250 but less

€25

than €1,000

Where the licence fee is more than €1,000 but less

€50

than €2,500

Where the licence fee is more than €2,500

two per cent

of the licence

fee due

In these regulations unless the context otherwise requires

"the Act" means the Electronic Communications (Regulation)

Act;

"the Authority" means the Malta Communications Authority

established under the Malta Communications Authority Act;

"licence" means a radiocommunications individual licence

issued in accordance with the provisions of Part IV of the Act;

"the Minister" means the Minister responsible for

communications.

(1) The Authority in the case of a first offence in breach of

articles 30(1) or 31 of the Act, may instead of initiating criminal

proceedings against the offender for such breach, enter into an

agreement in writing with the offender whereby such offender pays

a fine of not less two hundred and fifty euro (€250) and not

exceeding one thousand euro (€1000) which amount shall be

determined at the discretion of the Minister or the Authority, as the

case may be, according to the gravity of the offence, and shall be

communicated to the offender in accordance with the provisions of

these regulations

Provided that in the said agreement the Authority may include

such conditions as the Authority may consider necessary to ensure

compliance with the provisions of articles 30 or 31 of the Act,

including but not limited to the surrender by the offender of any

apparatus to which the offence relates to any such public body as

may be referred to in the agreement.

(2) Upon the signing of such an agreement by the Authority on

the one hand and the offender on the other, and following the

payment of such fine and the compliance by the offender of any

conditions as may be stipulated in the said agreement, then all

criminal liability of the offender with respect to that offence shall

be extinguished.

RADIOCOMMUNICATIONS

(PUNISHMENTS AND VOLUNTARY SETTLEMENT OF

DISPUTES PROCEDURES)

Notwithstanding the provisions of article 30B of the Act

and, or of regulation 3 of these regulations, no action shall be taken

against any person who, having been in possession of a licence,

fails to pay the licence fee by the date when the licence expired,

and who pays, within fourteen days from the serving of such

intimation in writing, a fine (multa) in accordance with the Schedule

to these regulations in addition to the fee due for the renewal of the

said licence

Provided that if a person fails to pay the licence fee due and

the fine (multa) applicable therewith within the period stated in this

regulation, then the provisions of article 30B of the Act shall apply.

In the event that any fine (multa) or administrative penalty are

due under these regulations or under Part IV of the Act, a

radiocommunications individual licence issued under Part IV of the Act,

shall not be renewed unless, together with the prescribed fee, such

person pays any such fine (multa) or administrative penalty as may be

due.