ACT No. Xl of 1982 AN ACT /" "'ake provision ",,,,, '''Specl /0 ~Ialll for~ig" (JCtivitl~~ in or It! ,.dation /0 Malla rurd will! rU /I«1 la ",,111 -" ro:"'N"I~d IMTt" ",llh or ancillary r/tn«IO.

I &llelll.

(W.)

1st &:ptemher. 1982

ACT No. Xl of 1982

AN ACT /" "'ake provision ",,,,, '''Specl /0 ~Ialll for~ig" (JCtivitl~~ in

or It! ,.dation /0 Malla rurd will! rU /I«1 la ",,111 -" ro:"'N"I~d IMTt"

",llh or ancillary r/tn«IO.

BE IT ENACTED by tlte President , by and wilb the advice aDd

consent of the House of R"Pfcsentam-cs. i~ Ih is ~resell

~rl;amenl

assembled. und by the authority of the ~ mc, as fo]l(l\\.'$: -

m

'r his ACI may be cited as the Foreign inll:rferenl:e Act.

1982. This ACI shall come ;n10 fon:e upon its publication in the

Ga~

provided rhat with re:opecllO lIny fo~i&n activities of a OOn·

tinu ing nalUre rommenred prior 10 18th May, 1982. lhis Act sha ll bavt'

effect on and after ),' September. 1982,

In th is Act. unless the context othtrwis.:: requires _

" broadcasf'includes both IiOUnd and tdevision broadcut. and

these e t prcssioru; Mve the same mcanina as they have in tile Brood·

cuti n, Ordinance 1961;

" Broadcast ing Authority" mca n, the ijroadcasting Authority

~tabl~hed by section

12 1 of the COlU titution;

" forcignM in respect of a pj'rson other than an ind ividual,

includes Iny such peBOII wh ich ;' controlled. directly Or indi~ly,

by indiyid .... 1s who are not citizetl.l of Malta or art: Dot ordinarily

resident in Malta , or a oombiPation o f both, aDd, in respect of aD

ind ivid ua l. me3rIS IIn individual who d not ordinarily resident iD

Ma lta

"foreign activity" mellm anYlhiD& done by, or spolllOl'ed , pr0-

moted or in aDY ma nner whatt.ocvcr assi!;lCd or en<:O\ll"8.gW by, any

foreign person and includes in particular. but without ~j"dice

10 the lIenerality of the foregoing. the provision of money, equip-

Ql"",

material o r thing wha~. but does not include

ment or

an ae l;vlry which is purely commercial or industrial o r wh ich is

related solely \0 the performance of diplomatic or consular

duties. nor does it include a ny SpOrting activity or any activity of

a kind normally expected of a visitor

Provided that for the purposes o f Ih is definition no activity

shall be dem1ed to be purely commercial or industrial if it provides

Or serves 10 provide a financial or other valuable advanlage. whe·

~ dim:tly Qr' ind irectly, 10 a political panr or \0 an active mm!'

ber or sup~ !hereof;

" Minister" means the Minister for the time being respoosible

lor forei&n affairs

"P"W"M includes any Stale or (ioverlllmnl. any political party.

and any politkal or olher organization, insti1U!ion or body whatso-

eve,.

l. (I) It shalll1Q( be lawful 10 hold a ny foreign activity in Malla I'ro.hihiUd

e XI'C'pt with the permission of the Min iSkT granted in accordan"" wilh Adlv1 .....

the provisions of Ihis Act.

A permission under this section shall not be gran ted un·

(2)

IeIs a D application the",for is made iD WTiting to the Minister. and _

(a) the activity is to be directly and o\'ertly held by tile foreign

person applying for permission. o r iJ to be publicly and <.:learly

ad~iu>d Ill! being promoted . iponsored. assisted or encouraged by

a named foreign person; and

(b) the activity is one whkh is of a purely <.:Ulwral. education·

a l. phi la ntropic or religious nature or consists of a D e ntertai nment;

.,.,

(c) the activity iD no way constitutes un intcrferenL"e in the

internal a Uairs of Malta or the foreign policy pursued by iu Govern·

ment; Ind

(d) lbe Ictivity iD no way gives In advdn tage to onc or wme

only of the political parties over any other such party.

(J) In granting perm ission uulkr this >«lion the Minister may

impose such condi tions, !imilalions and restriction, as he may deem

appropriate to ensure. in parlicular, complian"" with the purposes of this

Act: and anything done in contravcntion o f any such condition. limita.

tion or restriction. or of any p rovision of the permission. sha ll be deem.

ed to have been done without such penn ission a nd slIall without pre-

judice to the other provisions of Ihis AC"!. entitle the Minister 10 revoke

the permission.

(4) All applica tions made under th is s«tion. or under sub-

SoeCIion (4) of ~ion 4 of th is Act shall. al 5001\ lIS practicable after

they are ma de. be enlered in a register kept for Ihe purpose at the

Office of the Oerk o f the House of Representative$, Such register shall

also show all permissions granted under th", Act. Such register. a$

well as an applic:alioD$ and pennissions he~inbefore rer~rred to. shan

be open 10 inspection by the public at all ",asonablc times during

o ffice hours.

(I) Where a programme broadc-.tSt rrom a ny plaee o utside 8r~.1iD1

Ma lta is received in Malta and. by reason of the language used or 01 the .. « Ivt<! I .. M. III.

conlents of the programm~ , such broadcast may reasonably be deemed

10 be intended to be received primarily in Malta. it shall 1101 ~ lawful

for any pe~n who ill a citizen of Malta Or who is ord inarily Tt:Sidenl in

Malu. whether in hi. own behalf or in behalf or for account of Hny other

person, 10 participate in any such broa dcast or in any manner 1<:> aid Of

abet the mal<ing of s ... ch broad<:alil. or .o do anything which may di~ly

or indirectly be or assistalltt or eorouragement lO such broadcast or

to its re«plion in Mal ta. a nd in particular. but without prejudice [0

the gcnemlily of the foregoing. to publish the times or ot her details

o f an y su~h broadcast.

(2) For tbe purpose of this section a person wbosc: actions o r

w;cc appear or art! reproducro on any programme broadcast as afore-

said. except where sucb person is merely a specta tor. shall be deemed 10

llavc parUdpated Ihcn:in unJ~ he proves that the programme was re-

oorded without bis kftOWledge or tha t the programme "'DJ m:onkd or

broadcast against his eXpfeSll instructions.

i31 For the pu~ of thi$ section but lO'i!hou! "",judice

to the gentr1lli!y of subsection m of Ihis section. a person who adver-

tises. or invi1e5 or encouraga OItt.rs 10 advertise any aood,. service

or Olher malter on a broadcasting stalion from which programmes a~

broadcast in conlravenlion o f subseclion m of Ihi. seclion. shall be

deemed !O have paTlkipated in such broodcut.

44) The prOvi,ioM of this st:Ction shall not apply if the broad·

cast is made wilh the written permission or concurrence of the Broad .

casting Authority. given in obsenllD« of its fundions node!' the Consti-

IUtioo as if such broadcasting originated in Malta. a nd in strict oom.

pliance with any condition. limitation o r restriction to which such per·

mission Or concur~nce may have been subjected.

m Any per$OIl acting in rontrnention of any 0( the provi-

sions of the: fcn-eg<linll KUions of this Ad shall be guilty of an offence

against this Act and for each such offence shall be liable. upon a first

conviction. to a fiDe (nlll/IO) nOI c~<=dinll one thousand pound!;, upon

B scwnd ronviction to a fine (mwta) of nOl Ies$ than one thousand

pounds and not exceeding five thousand pounds and upon a th ird or

subsequent OOnviclion. to imprisonment for a term not exceed ing six

months and to a fiDe (mullo) not exceeding five thousand pounds, and .

in the f;I5C of a oontinuing offer.ce upon a ny COIlviction. to an additiooal

fine tmultol nOl exceeding Onc hundred pounds for each da y during

which the offence has continued.

(2) Without prejudice \0 the provisioD! of a ny other Law re-

lat ing to foriei n,",. any funds, equipment or other mo'lIble thing wbatso-

ever. ,..hether of tbe Ame ltind or nOl. kept or used for Or in oonnection

with any fo reign activity Or broadcast held in oont Tllvenlion of a ny of

the provisions of this Act, shall be forfeited in faVOllr of the t:>owm-

meot. and such forfeiture shall be ordered by the Court in a ny cue and

whewr or nOl such funds. equipment or other thing are the property

of. or arc ke pt or used by. the person convicted or are the pn'perty o r

are used or kept by a ny other per$C1II whalsOc'·cr.

(I) Every political party, lrade union or association ot

employers. and every Other association , organ ization. institution or o ther

body of pe l'$OnS by whatever name called 'nd whether cultural. p~ ibn.

tropic. religious. protessional or otherwise. other than comrnm::ial

partnerships and band clubs. Sb3 11. nO( later than the cnd of Ma~h in

each year, oommcnciog in Marr~ 1983. submit \0 the M inistcr a finan·

cial statement, showing the receipts. funds and expendilure for the year

ending on 31sc Dtternber of the pre<;eding )'UT. in such fann aoo oon·

taining such particulars as may be prescribed.

(2) If a ny person fails 10 comply wilh any of the provisions

of subso:ction (1) of Ihis section he shall be: liable On conviction to a fine

imu/tu) not exceeding £ 100. and on n serond or subsequent oonviction.

10 a fine (m ulla) nOI ucc=cding £500 or 10 imprisonment not exceedin~

six months, or to both such fine and imprisonment.

I) Wh<-rc in IOy state~nl submitlCd under 5Ubseclion m

of this S«1ion any information is gi~n which is fabc or misleading in

a material 1'C!ipec1 or any relevant information is amined. every person

required by law 10 submit such statement Sha ll be liable on conviction

to a fine (mU/la) no\ exceeding £500 or 10 im prisonment not exceed ing

onc }'t'ar. or to bolh such fine a nd imprisonment.

The Mi n~ter may make ~uLa'ions -

(I.) 10 establish the fees 10 be levied for the submission of , _ to .... k.

appliClllions for permission under th is Aa and for the inspection .... ul .. """.

o r the ~8lster and ol~er documenl5 kept under section 3 of this

ACI;

tbl to prescribe the fonn 10 be used fo r tbe pul'j)OSeS of rhi.

ACI and any other matter that m~y be pre5C1"ibed under this ACI;

le) generally for the: better carrying out of any of the: provi-

.ions o f Ib is Act or for any othe:r mall~ iIKidenlll1 or supplemenl-

ary 1he:",tO.

PaS$ed by Ihe House or Rep<nentalives al Sitting No. 43 of the 31s1 August. 1982.

D ASlEL M 1CALLfI'

Sptak"

C. M! FWI)

Clerk 10 Ihe ff cmu of Repre~enl(1l;v .. S

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