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Explosives Ordinance (Cap. 33) Consolidated

CHAPTER 33

EXPLOSIVES ORDINANCE

To amend and consolidate the laws relating to explosives.

15th July, 1904

ORDINANCE XII of 1904, as amended by Ordinances IV of 1920 and XL of 1940; Acts XXXV of 1949 and XXVII of 1955; Ordinances XVIII of 1960, XVII of 1961 and XXV of 1962; Legal Notices 4 of 1963 and 46 of 1965; Acts LVIII of 1974, XXII of 1976, XI of 1977, XLIX of

1981, XIII of 1983, VIII of 1990 and III of 2002; Legal Notice 407 of 2007; and Act VIII of

2008.

ARRANGEMENT OF ORDINANCE

Short title. l. The short title of this Ordinance is the Explosives

Ordinance.

Interpretation. Amended by: IV. 1920.2; XLIX. 1981.4; VIII. 2008.2.

Cap. 9.

2. In this Ordinance -

"Commi ssi oner o f Po lice" means t h e of ficer ho ldi ng that appointment, as well as any person having an express or implied authority to act for the said Commissioner in carrying into effect the provisions of this Ordinance;
the word "explosive" means -
g u n pow der, nit r ogl yce r i n e, d y n a mi te , gu n-cot t o n , b l ast i ng - powders, fulminate of mercury or of other metals, coloured fires, chlorate of potash, chlorate of barium, and every other substance whether sim ilar to those ab ove mentioned or n o t, used or m a nufactured with a view to producing a practical ef fect by ex pl osio n or a py rot e ch ni c ef fect; and in cl ud es fog - sig n als, fireworks, fuses, rockets, percussion caps for mines, detonators, cartridges, ammunition of all descriptions and every adaptation or preparation of an explosive as above defined;
"factory" means any building or premises or any part thereof wherein explosives are manufactured or wherein any process of such manufacture is carried out;
the words "fin e" ( amm e nda or mult a ), "de t ention" and "imprisonment" indicate the punishments referred to under those names in the Criminal Code;
the word "gunpowder", when used alone, does not include any other explosive;
"inhabited plac e" mea n s any place in which there is an aggregation of houses inhabited, or capable of being inhabited, by more than one hundred persons;
"sale" includes any exchange of things and any datio in solutum; "shop" means any place in which goods are sold, or in which a
trade or an art is carried on;
" stre et" means any s tree t, road , lane, square, or other public thoroughfare, even though it forms part of any fortification.

PART I

Licence for the introduction of explosives into Malta. Conditions. Amended by: VIII. 2008.3.

Manufacture of explosives.

EXPLOSIVES

3. (1) No person shall introduce into Malta gunpowder or other explosives or establish or keep any gunpowder factory or firework factory or any other factory in which explosive powders or other explosives are manufactured, without a licence from the Commissioner of Police. Such licence shall not be granted unless the necessary precautions for protecting life and property have been taken.

(2) No person shall manufacture gunpowder or carry out any process of such m a nufacture except at a gunpowder factory
licensed under this Ordinance, nor shall any person manufacture fireworks, or explosive powders or other explosives except at a firework factory, or other factory for the manufacture of explosive powders, or other explosives, licensed under this Ordinance:
Provided that nothing in this article shall apply to the making of a small quantity of gunpowder or other explosives for the purpose of chemical experiment, and not for other use or for sale:
Provided further that upon a reasonable suspicion that a serious breach of the provisions of this Ordinance has occurred, the Commissioner of Police shall have the right to close a gunpowder factory or any other similar factory for a period not exceeding two weeks, so however th at if at any tim e crim inal proceedings are commenced relating to such factory for the breach of any provision of this Ordinance, the court may, pending the proceedings, of its own motion or at the request of the prosecution, order such factory to be closed unt il the termi nati on of the proceedings by a fi nal judgment.

4. The following precautions shall be required to be observed to the satisfaction of the Commissioner of Police in every case in which a gunpowder factory or other similar factory is established:

(a) that the factory shall be at a distance of not less than one hundred and eighty-three metres from -
(i) any inhabited place;
(ii) any street which may be used regularly for the passage of motor vehicles; or
(iii) any other street within one hundred and eighty- three metres of which it would not be advisable, in the opinion of the Commissioner of Police, after consultation with the Director of Public Works, to establish such a factory;
(b) that the factory shall be surrounded by a wall or other solid fence of a height of not less than four metres and provided with an efficient lightning conductor;
(c) that there shall be a magazine for the storage of gunpowder or other explosives at a sufficient distance from the factory buildings;
(d) that separate buildings at a convenient distance from each other shall be used for each process of manufacture;
(e) that no work shall be done at night or by artificial light or during a thunderstorm or when the state of the weather is such as to give reason to believe that a thunderstorm is imminent;
(f) that any gunpowder or other explosives which are manufactured shall be removed to the magazine within twenty-four hours.

Precautions for the establishment of gunpowder factories or similar factories.

Amended by: IV. I920.3;

XL. 1940.4(1); XVIII. 1960.2.

Quantity of explosives allowed. Amended by: III. 2002.160.

Dynamite, gun- cotton, fulminates, etc.

Amended by: IV. 1920.4;

XXXV. 1949.2; XXVII. 1955.2.

Cap. 10.

5. No gunpowder or other explosive shall be kept in the prem ises i n respect of which a licence under article 3 has been granted, in a greater quantity than is specified in the licence; such quantity shall in no case exceed that quantity as may be prescribed by regulations made by the Minister responsible for the police.

6. (1) No quantity of dynamite, gun-cotton, fulminate of m e rcury or other fulminates, picrates, substances having nitro g lyceri ne as their p r incipal co mponent p a rt, o r oth e r substances wh ic h, wh en mixed together or alone, may prod uce ef fects similar to tho s e p r oduced by dyn amit e or any of th e substances mentioned in article 2, shall be used, sent, or delivered by the manufacturers or retailers except to public authorities, or to person s authorised by a permit sign ed by th e Commissioner of Police to mak e p u rchases thereof i n such q u an titi es as are prescribed in the permit.

(2) In any such case, the manufacturer or retailer shall, at the time of the sale or delivery, state on the permit the quality and the quantity of the substances sold or delivered, and shall date and sign such statement.
(3) Persons holding a licence from the Police under article 205 of the Code of Police Laws to carry a shotgun for the purpose of pursuing or killin g game may pu rchase sporti ng cartridges and sporting powder for filling cartridges for the said shotgun from retailers on presentation of the above-mentioned licence, and, in such ca ses, the retaile r sha ll e nter, date and sign the sta teme nt required by subarticle (2) on the reverse of the licence, and no other permit shall be required for such sale or purchase.

Issue of permit. Amended by: XXXV. 1949.2.

7. (1) The permit mentioned in the last preceding article shall not be granted unless the person applying for the same proves that he requires to use explosives in the exercise of his profession, art or trade.

(2) Any person to whom explosives are sold or delivered by virtue of the said permit shall take all due precaution for preventing other persons from having access to such explosives, and shall not sell, transfer, or deliver such explosives, without a licence from the Police.

Entries in register. 8. (1) Manufacturers of or dealers in the substances m entioned in arti cl e 3 shal l enter i n a register the quanti ty and nature of the explosives which they manufacture, acquire or sell, and th e nam e , surname, occupati on, nationality, and p l ace of residence of and other particulars relating to the persons to whom the sale or the delivery is made.

Pages of register to be numbered and signed by Police.

(2) The register shall, before any entry is made therein, be numbered and signed on each page by the Police, who shall also no te on the last page t h e num ber o f pages wh ich the register contains.

Powers of Police. (3) The said register shall, at all times, be open to inspection by the Police wh o shall also have t h e po wer to inspect the establishments and the magazines wherein explosives are stored in

order to ascertain whether the amount shown by the entries in the register corresponds to the amount of explosive so stored.

9. (1) No person shall keep for sale, or store gunpowder or explosives without a licence from the Commissioner of Police.

(2) Such licence shall be granted subject to the condition that the seller shall report to the Police any sale made by him as well as the name and address of the purchaser.

No sale or storage of gunpowder or explosives is permitted without licence.

Amended by: IV. 1920.5.

10. (1) Such licence shall be valid only for the person named in the licence and in respect of the place appointed therein.

(2) The amount of gunpowder and the amount and nature of the explosives that may be kept in the place appointed in the licence shall be specified in the licence.

Validity of licence. Amended by: XXXV. 1949.3.

11. (1) With the exception of gunpowder, no explosives containing nitroglycerine, picrates, fulminates, chlorate of potash or similar explosives, or explosives the composition of which is not known or is not clearly determined, shall be kept in shops licensed for the retail of explosives.

(2) Nothing in this article shall affect the provisions of article
14.

Shops for the retail of explosives.

Amended by: IV. 1920.6.

12. (1) The Commissioner of Police shall not grant a licence for the keeping of more than seven kilogrammes of gunpowder in shops in inhabited places, if the gunpowder is kept loose in boxes, bags or barrels, or is contained in closed packages, or cardboard boxes or similar receptacles; but he may grant a licence for the kee p i n g of gu np ow d e r i n qu an ti t i es u p to tw en ty -th r e e kilogrammes, if the gunpowder is kept completely closed in metal cases or other receptacles equally suitable for its keeping, provided th at th e gu np ow der b e kep t in d etached premise s not used as a dwelli ng-h ouse, and be, if p r acticable, distr i but ed in lots in different parts of the premises.

(2) It shall be in the discretion of the Commissioner of Police to determine in respect of which shops the licence may be granted.

Shops for the sale of gunpowder in inhabited places. Amended by:

IV. 1920.7.

13. In the case of shops not situate in an inhabited place the Co mmission er of Police may grant a licen ce for the keeping of double the quantities mentioned in the last preceding article.

14. The Commissioner of Police may authorize the storage of loaded cartridges containing not more than twelve kilogrammes, net weight, of explosive substances in retail shops situate in an inhabited place, and not more than twenty-three kilogrammes in retail shops not situate in an inhabited place.

15. Percussion caps and empty cartridge cases with caps and fuses m a y be kept in an y place without an y restriction as to quantity; but if gunpowder or other explosives be also stored in the premises, dealers shall keep the percussion caps, empty cartridge cases and fuses separate therefrom, by means of partitions.

Shops not situated in inhabited places.

Loaded cartridges.

Percussion caps, empty cartridge cases with caps and fuses.

remove explosives.

Amended by:

IV. 1920.8;

XL. 1940.4 (2).

any place under his control, or convey from one place to another on his account or on account of any other person, gunpowder or other explosives in quantities exceeding five kilogrammes:
Provided that where the place for the keeping of gunpowder or other explosives is a dwelling-house, a licence shall be required for quantities exceeding one and one-half kilogrammes in weight and such licence shall not be granted unless the dwelling-house is a detached dwelling-house and situated at a safe distance from any other inhabited place and is itself either not inhabited by any person or inhabited only by the family of the applicant:
Provided also that in the case of dynamite and other substances, the principal component part of which is nitroglycerine, fulminates or chlorate of potash, a licence shall always be required for keeping or conveying any quantity thereof, however small.

Keeping of explosives.

Gunpowder how kept.

Sale of gunpowder in street or to children

prohibited.

Amended by:

IV. 1920.9.

Sale of gunpowder to be in closed packages labelled.

Rules as to packing for conveyance of gunpowder.

17. Explosives or very inflammable substances shall in all cases be kept in fire-proof receptacles and at a safe distance from gunpowder or from any receptacle in which gunpowder is kept.

18. All gunpowder exceeding five hundred grammes in weight shall be kept in a substantial case, bag, canister or other receptacle made and closed so as to prevent the gunpowder from escaping.

19. No person shall sell or expose for sale gunpowder or other ex pl osi v es in a ny street , n o r sh all a n y pe rso n sell o r gi ve gunpowder or other explosives to any child apparently under the age of eighteen.

20. No person shall sell gunpowder exceeding five hundred grammes in weight, except in a substantial case, bag, canister or other receptacle made and closed so as to prevent the gunpowder from esca ping, a n d with the words " G u n powder / Po r v li " in conspicuous characters af fixed to the ou term ost receptacle containing such gunpowder.

21. The following rules shall be observed in the conveyance of gunpowder:

(a) gunpowder in quantities not exceeding two kilogrammes shall be conveyed in receptacles of the description mentioned in article 18;
(b) gunpowder in quantities exceeding two kilogrammes shall be conveyed either in a single package or a double package.
A single package shall be a box, barrel, or other case of such strength, construction and character that it will not be broken or accidentally opened or become defective or insecure whilst being conveyed, and will not allow the gunpowder to escape. If the gunpowder is conveyed in a double package, the inner package shall be a substantial case, bag, canister or other receptacle made and closed so as to prevent the gunpowder from escaping, and the outer package shall be a box, barrel or other receptacle of wood or metal or
other solid material, of such strength, construction and character that it will not be broken or accidentally opened or become defective or insecure whilst being conveyed and will not allow the gunpowder to escape;
(c) the interior of every package shall be kept free from grit and otherwise clean;
(d) no other substance shall be put in the same package containing the gunpowder;
(e) no iron or steel shall be used in the construction of any such package, unless the same is covered with tin, zinc or other suitable material so as effectually to prevent the exposure of such iron or steel;
(f) the amount of gunpowder in any single package, or, if there is a double package, in any one outer package, shall not exceed forty-five kilogrammes;
(g) on every outer package there shall be affixed the words
"Gunpowder/Porvli" in conspicuous characters.

22. (1) The Minister responsible for the Police may make, and, when made, amend, repeal or re-enact regulations for the control, restriction or prohibition of the importation, manufacture, preparation, storage, keeping, conveyance, handling, distribution and use of explosives, and in particular but without prejudice to the generality of the foregoing power, may make regulations for all or any of the following purposes:

(a) for the construction, lay-out, materials and internal and external fittings of gunpowder factories, fireworks factories, or other factories, magazines, store or shops, whether ashore or afloat, in which explosives are prepared, kept, or sold, as well as for any other precautions to be observed in such places;
(b) for the qualifications as to age, health, previous conduct, technical ability, and such other respects as may be prescribed in the regulations, and for the obligations of persons who own or who are employed in or have access to the said factories, magazines, stores or shops, or are the licensees thereof, or who are in any way concerned in the conveyance, manipulation, ignition or setting-off of explosives, including the requirement that any licence granted for the keeping of an explosives factory shall be subject to the taking out, at the expense of the licensee, of a policy of insurance, whether individual or collective, covering every employee and every person having access to the said factory as a voluntary worker against death or permanent disablement arising out of and in the course of his work in a sum of not less than two thousand and three hundred and twenty-nine euros and thirty-seven cents (2,329.37);
(c) for any incidental and supplementary matters for which the Minister responsible for Police thinks it

Power of Minister responsible for the Police to make regulations. Substituted by: XXVII. 1955.3. Amended by:

L.N. 4 of 1963; XI. 1977.2;

XLIX. 1981.6; XIII. 1983.5;

L.N. 407 of 2007.

provide.

Cap. 446. Cap. 9.

(2) Regulations made under this article may provide that, in respect of offences under any one or more regulations or under any one or more classes of regulations, the provisions of the Probation Act, or of article 21 of the Criminal Code shall not apply.

Appointment of committee. Amended by: L.N. 46 of 1965; LVIII. 1974.68.

23. (1) The President of Malta may appoint a committee consisting of three experts to assist the authorities in carrying out the foregoing provisions of this Part.

(2) It shall be lawful for any member of such committee and for any Police officer not inferior in rank to sub-inspector, to enter any of the places referred to in article 5 in order to satisfy himself that the foregoing provisions are being complied with, and also to enter an y ot her place in w h ich t h e Po lice have reason abl e cause to b e liev e t h at gun pow der or an y o t h e r e xpl osiv e is kept or t h at gu np ow d e r , ex pl osi v es or f i rew o r k s are manu factu r ed , i n contravention of this Ordinance.

Discharge of petards, bombs, etc.

24. (1) No person shall, without a licence from the Police, set fire to or let of f petards, bom bs, rockets, o r other firework s whatsoever, or fire-balloons, or generally cause any explosion or make any fire which may cause danger, in any place whatsoever.

(2) No person shall, without a licence from the Police, discharge firearm s in or in t he n eigh bourhood of any inhabited place, or in any public street or in any harbour.
(3) The issue of the licence mentioned in subarticle (1) shall be subject to the condition that the said operations shall be carried out in an enclosed place, and, on the occasion of fest ivals or other public gatherings, at such a distance from the crowd as to avoid danger of accidents.
(4) Where an offence against the provisions of subarticle (1) is committed and the offender is not known, the lessee or the occupier of the building in which the offence is committed, or if the building is not inhabited, the person having the management or control of such building, shall be answerable for the offence, provided he could have prevented the commission thereof.

Setting fire to stubble, etc., in fields.

25. (1) No one shall set fire to any stubble in any field at a di st an ce less th an ninety -two metres from any h ouse, bu ildin g, plantation, stack of corn, straw, or forage, or any other deposit of combustible materials.

(2) Any person making any such fire beyond the distance mentioned above, shall take all the necessary precautions for the safety of the property of others, and shall attend personally and with a sufficient number of persons, until the fire is put out.

Use or possession of explosives for fishing purposes. Added by:

IV. 1920.10.

26. It shall not be lawful for any person, at any time or in any place, to make use of or keep in his possession explosives for fishing purposes.

26A. Any police officer may arrest without warrant any person who has comm itted , or attempted to comm it, or is reaso n ably su spected by t h e officer of h a ving comm itted or attemp ted to commit, an offence against the provisions of this Ordinance, or of any regulations made thereunder, if he has reasonable ground for believing that that person will abscond unless arrested, or if the name and address of that person are unknown to and cannot be ascertained by him.

26B. The Commissioner of Police may, saving the provisions of any other existing law, suspend any licence in the course of any proceedings for an offence against the provisions of this Ordinance.

Arrest without warrant.

Added by:

VIII. 2008.4.

Suspension of licence.

Added by: VIII. 2008.4.

PART II

PENAL PROVISIONS

27. Whosoever shall commit an offence against the provisions of article 3 shall, on conviction, be liable to imprisonment for a term from two to five years or to a fine (multa) of not less than five thousand euro (€5,000) and not more than twenty-five thousand euro (€25,000), or to both such imprisonment and fine.

28. The same punishment shall be awarded to any person who shall knowingly suffer any building of which he is the occupier, or of which he has the control or mana gement, to be used for the storage or manufacture of gunpowder, explosives, or fireworks in contravention of the provisions of this Ordinance.

29. (1) Whosoever, in contravention of the provisions of Part I of this Ordinance shall keep in his house or in any other place, or shall prepare, sell, or offer for sale, or deliver to unauthorized persons, gunpowder or any of the other substances referred to in article 6, shall, on conviction, be liable to imprisonment for a term from six months to two years or to a fine (multa) of not less than fifteen thousand euro (€15,000) and not more than fifty thousand euro (€50,000), or to both such imprisonment and fine.
(2) Where gunpowder or any other substance as referred to in subarticle (1) and which are kept, prepared, sold, offered for sale or deliv ered as provided in subar ticle (1) cause an expl osion in consequence whereof the death of an other person or bodily harm to another person ensues, the pe rson who kept, pr epared, sold , o f fered for sale or d e liv ered the same gunpow der o r other substance shall, upon conviction, be liable as follows:
(a) where the death of another person has ensued, to the punishment of imprisonment not exceeding four years;
(b) where a bodily harm which produces any of the effects mentioned in article 218 of the Criminal Code has ensued, to the punishment of imprisonment not exceeding two years or to a fine (multa) of not less than eight thousand euro (€8,000) but not exceeding eighty thousand euro (€80,000) or to both such fine

Penalty for introducing, etc., explosives, Amended by: XXVII. 1955.4; XIII. 1983.5;

L.N. 407 of 2007; VIII. 2008.5.

for suffering building to be used for the storage of explosives,

for keeping, etc., explosives, Amended by:

IV. 1920.11; XXVII. 1955.5;

XIII. 1983.5;

L.N. 407 of 2007;

VIII. 2008.6.

Cap. 9.

Cap. 9.

and imprisonment;
(c) where a bodily harm which does not produce any of the effects mentioned in article 218 of the Criminal Code has ensued, to the punishment of imprisonment not exceeding one year or to a fine (multa) of not less than two thousand five hundred euro (€2,500) but not exceeding twenty thousand euro (€20,000) or to both such fine and imprisonment.

for conveying explosives, Amended by: XXVII. 1955.6; XIII. 1983.5;

L.N. 407 of 2007; VIII. 2008.7.

for contravening regulations,

for obstructing entry of officers, Amended by: VIII. 2008.8.

for setting fire to or letting off petards, etc.,

Amended by: XXVII. 1955.7;

XXXI. 1967.37; VIII. 2008.9.

for settings fire to stubble in fields,

30. Whosoever, in contravention of the provisions of Part I of this Ordinance, shall convey from one place to another gunpowder or explosives, shall, on conviction, be liable to imprisonment for a term from three months to one year or to a fine (multa) of not less than two thou sand euro (€2,000) and not mo re t h an twenty thousand euro (€20,000), or to both such imprisonment and fine.

31. Whosoever shall commit an offence against the regulations made u nder ar ticl e 22 , shall , o n co nvi ctio n, be l i able to th e punishment laid down in article 30 if the offence is against any of th e reg u lations relating to the conveyance of gunpowd e r or expl osiv es, or to the puni shm e nt laid down in article 29 i f the offence is against any of the regulations relating to any of the other matters referred to in article 22.

32. Whosoever, in the cases referred to in articles 8 and 23(2) or in the regulations made under this Ordinance, shall in any way obstruct the mem b ers of the co mmittee, or th e Police o ffi cers mentioned in those articles, in affecting an entrance into the places and for the purposes therein stated, shall, on conviction, be liable to a fine (mu lta ) not exceeding one thousand euro (€1,000) or to imprisonment not exceeding six months, or to both such fine and imprisonment.

33. (1) Whosoever shall commit an offence against the p r ov ision s of art i cle 24 sh all, o n conviction, be liable to the punishment laid down in article 29.

(2) Whosoever shall commit an offence against the provisions of article 25 shall, on conviction, be liable to a fine (ammenda) of not less than one hundred and fifty euro (€150), and, in serious cases, t o deten t i on fo r a p e ri od of no t less t h an on e m ont h in addition to such fine.

for using explosives for fishing purposes. Added by:

IV. 1920.12. Amended by:

XLIX. 1981.4.

34. Whosoever shall commit an offence against the provisions of article 26 shall, on conviction, be liable to imprisonment for a term from one to nine years.

PART III

GENERAL PROVISIONS

35. The Minister responsible for the Police may by order declare that any substance which appears to him to be specially dangerous to life or property by reason of its explosive properties, or of any pro cess i n t h e m a nufacture th ereof bei ng liabl e to explosion, shall be deemed to be an explosive within the meaning of this Ordinance, and the provisions of this Ordinance (subject to such exceptions, limitations, and restrictions as may be specified in the o r der) sh all acco rdi ngl y ext e nd to su ch subst a n ce in lik e m a n n er as if it were i n cl ud ed in t h e term "exp lo siv e " i n th is Ordinance.

36. Any person who carries on any of the following processes, nam e ly, the process of dividin g into it s com ponent parts or otherwise breaking up or unmaking any explosive, or making fit for use any damaged explosive, or the process of remaking, altering or repairing any explosive, shall be subject to the provisions of this Ordinance as if he manufactured an explosive.

37. (1) It shall be lawful for the Minister responsible for the Police from time to time by order to define, for the purposes of this Ordinance, the composition, quality and character of any explosive and to classify explosives.

(2) Where the composition, quality or character of any explosive has been so defined by the Minister responsible for the Police, any article alleged to be such explosive which differs from such definition in composition, quality or character, whether by reason of deterioration or otherwise, shall not be deemed, for the purposes of this Ordinance, to be the explosive so defined.

Extension of definition of "explosive" to other explosive substances. Amended by: L.N. 4 of 1963.

Persons carrying on certain processes to be deemed manufacturers.

Definition and classification of explosives by order of the Minister responsible for the Police.

Amended by: L.N. 4 of 1963.

38. All regulations or orders made by the Minister responsible for the Police under this Ordinance shall be published by a notice in the Government Gazette, and shall come into operation on the date of such publication or such othe r date as may be made in such regulations or orders.

39. (Deleted by VII. 2008.10).
40. (1) Where any offence against this Ordinance or of any regulations made thereunder is proved to have been committed, the "corpus delicti", the instruments, including any vehicle or vessel used or intended to be used in the commission of the offence, as well as any substance or thing produced by the offence shall be forfeited unless some person, who has not taken part in the offence, has a lawful claim to such instruments, vehicles, vessel, substances,

Regulations and orders to be published in Government Gazette. Substituted by: XXVII. 1955.8. Amended by: XVII. 1961.2; XXV. 1962.2; L.N. 4 of 1963; XLIX. 198l.6.

Offences to be classed as contraventions. Amended by. XL. 1940.4(3); XLIX. 1981.4. Cap. 9.

Forfeiture of corpus delicti, etc. Amended by:

IV. 1920. 13; XL. 1940.4 (4). Substituted by:

XXVII. 1955.9.

or things and brings forward such claim within four working days fro m th e day o n w h ich t h e j udg me nt by wh ich the of fen ce i s declared to have been committed becomes definitive.
(2) Notwithstanding anything contained in the preceding sub a rt icle or in any ot her provi si on of law, in any cri m i n al proceedings aga i nst any pers on for an of fence against the provisions of this Ordinance or of any regulations made thereunder, the court, im mediately after the r eading of the charge or of the Police report or at any time thereafter, if it is satisfied that any explosive connected with the proceedings cannot be preserved for the duration of the proceedings without danger to persons or property, shall order the destruction of any such explosive under such expert su pervisi on as it may d e em expedi en t in th e circumstances provided that in any such case the court will take all necessary steps to describe the aforesaid explosive and the state thereof.
Cap. 9. (3) In the case of any repertus under article 558 of the Criminal Code where the document discovered consists of any explosives and it is shown to the satisfaction of the court that the provision of the said article regarding the preservation of the explosive cannot in any way be applied without danger to persons or property, the court shall proceed to order the destruction of the explosive with the precautions specified in the preceding subarticle including those relating to the description thereof.

Cancellation of licence.

Added by: VIII. 2008.11.

40A. On conviction for an offence under this Ordinance, the court may, at the request of the prosecution or on its own motion, cancel any licence held by the offender in respect of any factory, shop or other premises wherein or within the precincts whereof the offence was committed, and, in the case of an offence committed through the use of a vehicle, both the offender ’s driving licence and any li cence held by him in respect of the vehicle to which the offence relates:

Provided that nothing in this article shall be deemed to affect any powers of the Commissioner of Police under any other law to cancel or suspend any licence.

Applicability of the Probation Act. Added by:

VIII. 2008.11.

Cap. 446.

Saving for higher punishments under other laws. Amended by: XXVII. 1955.10. Cap. 9.

40B. The provisions of article 24 of the Probation Act concerning the power of th e cour t to order the offender to pay damages shall, mutatis mutandis, also apply whenever a person is sentenced upon conviction for an offence against the provisions of this Ordinance.
41. The punishments prescribed by this Ordinance or any regulations made thereunder shall only apply when the fact does not constitute an offence punishable with a high er punishm ent under t h e Cri minal Code , or any oth e r law; in which case the punishment laid down in that Code or other law shall apply.

42. Proceedings for an offence against any regulations made under this Ordinance, in so far as they are not accompanied by an offence against this Ordinance, shall be instituted by the Police in the Court of Magistrates (Malta) when the offence is committed in Malta, and in the Court of Magistrates (Gozo) when the offence is committed in Gozo or Comino.

43. Saving the provisions of this Ordinance, any damages arising from any offence under the same shall be recoverable by the injured party as a civil debt.

43A. Where, in respect of a person found guilty of an offence against this Ordinance, the prosecution declares in the records of the proceedings that such pe rson ha s helpe d the Police to ap pr ehen d th e p e rso n or p e rso n s wh o sup p l i e d hi m w i th t h e explosives, or the person found guilty as aforesaid proves to the satisfaction of the court th at he has so h e lp ed th e Po lice, the punishment shall be diminished, as regards imprisonment by one or two degrees, and as regards any pecuniary penalty by one-third and one-half respectively.

44. Where a person, who has been convicted of an offence against the provisions of this Ordinance, or of any regulations made thereunder, commits a second like offence, he shall be liable, on con vict ion, to the punishment for the offence increased by two degrees, and on a third or subsequent conviction, by three degrees.

45. In the case of a third or subsequent conviction for a like offence committed by any shop-keeper, vendor, or other person exercisi ng any art, trade, or othe r calli ng in virtue of a li cen ce granted by any public authority, if the offence is in connection with the exercise of such trade, art or other calling, the licence shall be withdrawn.

45A. (1) Where an offence has been committed against the provisions of this Ordinance, the court shall, in addition to any other punishment, in its sentence or at any time thereafter, at the request of the prosecution:

(a) where any immovable property has been used for the manufacture, sale, exposition for sale, or storage of explosives as described in the bill of indictment or in the charge, order the forfeiture in favour of the Government of any real title which the offender holds on such immovable property;
(b) where the offender is not the absolute owner but holds any other real title on the immovable property, or has a title, other than a real title, in virtue of which he has the control of or a right of access to such property, the court shall order the offender to pay a fine (multa) of not less than ten thousand euro (€10,000) but not exceeding sixty thousand euro (€60,000) as the court shall determine after taking into account the value of the immovable property and the value of the real title thereon, if any, forfeited as aforesaid;
(c) saving the provisions of the Criminal Code, make an

Proceedings for offences against this Ordinance. Amended by:

IV. 1920.14; XXVII. 1955.10;

VIII. 1990.3; VIII. 2008.12.

Damages.

Reduction of punishment. Added by: VIII. 2008.13.

Punishment in the case of a second offence.

Amended by: XXVII. 1955.11. Substituted by:

VIII. 2008.14.

Third or subsequent conviction for a like offence. Amended by:

IV. 1920.15.

Forfeiture of property. Added by: VIII. 2008.15.

Cap. 9.

Cap. 12.

order whereby the provisions of paragraphs (a) and (b) shall be applied, mutatis mutandis, to or in respect of any vessel or vehicle, used for the keeping, storing or conveyance of, or for the selling or dealing in, explosives; and
(d) order the forfeiture in favour of the Government of the immovable property used for the manufacture, sale, exposition for sale, or storage of explosives, of the person so found guilty even if the immovable property has, since the offender was charged, passed into the hands of third parties.
(2) Any decision as is mentioned in subarticle (1) ordering the forfeiture of immovable property or of any title to such property shall be deemed to be and shall be enforceable as a civil judgment tr ansf er ring that tit le in favo ur of the Gover n ment, and the Attorney General shall, for the purposes of article 239 of the Code of O r ganizati on and Civ il Pro c edur e , b e c ons id ere d as th e interested party that may obtain the registration of such transfer.

Suspension order.

Added by:

VIII. 2008.15.

45B. (1) Where a person is charged under this Ordinance or under regulations made thereunder, and such person is a person in possession of a li cence, permit or authority issued to him by a competent authority in or in connection with the exercise of any art, trade, calling or other occupation and the offence is committed in a place licenced under this Ordinance, or under any other law, th e co urt m a y make an o r d e r , herei n aft e r referr ed to as a "suspension order", suspending such licence, permit or authority.

(2) The suspension order shall remain in force for the whole duration of the proceedings until final judgment.
(3) Any person who does any act for the doing of which a licence, permit or authority is required under any law and such act is done when that licence, permit or authority had been suspended by virtue of a suspension order shall be deemed to have so acted without the required licence, permit or authority.

Non-applicability.

Added by:

VIII. 2008.15.

Cap. 9.

Cap. 446.

Compensation.

Added by:

VIII. 2008.15.

Power of the court to order removal of nuisance.

Amended by: XXVII. 1955.11;

XIII. 1983.5;

L.N. 407 of 2007;

VIII. 2008.16.

45C. Saving what is provided in article 40B, the provisions of articles 21 and 28A of the Criminal Code and the provisions of the Probation Act shall not be applicable in resp ect of any person convicted of an offence under this Ordinance.

45D. On conviction for an offence under the provisions of this Ordinance or of any regulations made thereunder, the court may order the offender to pay to any injured party such sum of money that may be d e termined by the court in that directio n as compensation for any such loss as aforesaid or for any damages or other injury or harm caused to such party by or through the offence.

46. In case of any contravention against the provisions of this Ordinance or of any regulations made thereunder the court, besides awarding punishment, shall order the offender, where the occasion so requires, to remove any nuisance arising from the contravention, or, according to circumstances, to carry out the law within a time, suff icient fo r the purpo se, to be fixed by the court: and if t h e

offender fails to comply with any such order within the time so fixed, he shall be liable to a fine (ammenda) of not less than twenty- five euro (€25) and not more than one hundred euro (€100) for every day during which the nuisance or non-compliance with the law continues after the expiration of the said time.

47. The court may also order that the nuisance be removed, or th at th e law be carried out, by the Police at the expense of the offender, in which case he may, under a warrant issued by the said court, be made to refund such expense.

48. (1) Where the offender is, on account of mental disease or other illness, unable to appear in court, or is absent from Malta or has absconded, and the Commissioner of Police certified on oath that it is urgently required that the nuisance caused by the offence be abated, or that the law be otherwise enforced, the court shall order the summons to be served, in either of the first two cases, on the lawful representative, or the person having the custody of the offender, and in the other cases, or if the offender, being insane, is not under the care of any person, on the husband or wife, or on a near relation by consanguinity or affinity of the offender or on the person, if any, entrusted with the management of his property.

(2) In any such case, if the offence is proved, the court shall apply the provisions of article 46 or of article 47; provided that where there be room for the application of any punishment against the offender who is insane or absent, the court shall adjourn the case until he is fit to stand trial or until his return.

*49. The provisions of this Ordinance shall not apply to the

Armed Forces of Malta.

Removal of nuisance by Police.

Insanity or absence of offender.

Non-applicability of Ordinance. Substituted by: XXII. 1974.4.

TRANSITORY PROVISIONS

50. Any regulations made by the competent authority in p u rsuance o f th e pow er s co nferred by an y o f t h e enact m en ts repealed by this Ordinance† and which are not inconsistent with the
p r ovisions of this Ordi nance sh all remai n in fo rce unti l new regulations are made in substitution therefor, under this Ordinance.

Regulations made under former law. Amended by:

L.N. 46 of 1965; LVIII. 1974.68.

*Reference to the Visiting Forces Act, 1966, has been omitted in view of the repeal of that Act by Act IX of 1982.

†The repealing provisions are omitted under the Statute Law Revision Ordinance,

1936 and the Statute Law Revision Act, 1980.