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Identity Card Act (Cap. 258) Consolidated

CHAPTER 258

IDENTITY CARD ACT

To make provision for and in respect of identity cards and to provide for matters ancillary to or connected therewith.

(1st June, 1976)*

ACT LI of 1975, as amended by Acts XXVI of 1981, XIII of 1983 and XI

of 1993; Legal Notice 423 of 2007; and Act III of 2008.

1. The short title of this Act is the Identity Card Act.

2. In this Act, unless the context otherwise requires -

"authorised officer" means the public officer designated by the Prime Minister as the person authorized to issue identity cards, and, to th e e x te nt of a ny po wer d e le gat e d as h e rei n afte r prov ide d , includes any person delegated for the purpose by the public officer designated as the authorised officer;
"hol der ", in rel ati on to an iden tit y card , mean s th e pe rson in respect of whom it is issued;
"identity card" means a document issued in respect of a person under and in accordance with this Act for the purpose of identifying that person;
"prescribed" means prescribed by regulations under this Act.
3. (1) Every person over the age of fourteen years who -
(a) has resided in Malta for not less than six months immediately before the coming into force of this article and continues so to reside for one month thereafter; or
(b) at any time resides in Malta for a period of six months ending after the expiration of one month after the coming into force of this article,
shall, not later than two months after the coming into force of this article in the case of a person mentioned in paragraph (a), or not later than six weeks after he shall have resided in Malta for six months in the case of a person mentioned in paragraph (b), be in possession of a valid identity card, and shall thereafter at all time during which he resides in Malta 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 the commencement of the applicable period of two months or six weeks aforesaid.
(2) For the purposes of this Act temporary absences from Malta shall not interrupt residence.
(3) Identity cards may also be issued to such class or classes of

Short title. Interpretation.

Possession of identity cards. Amended by: XI. 1993.2.

*See article 1(2) as originally enacted, which has been omitted under the Statute Law

Revision Act, 1980, and Legal Notice 71 of 1976.

persons as the authorised officer may deem appropriate or as may be prescribed.

Application for identity cards.

4. (1) An application for the issue of an identity card 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 such photographs and other documents as may be required by the authorised officer or as may be prescribed; and 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 may be required by the authorised officer to be made at a place or places indicated by him, or as may be prescribed, and may also be required to be made in person.

Issue and contents of identity cards. Amended by: XXVI. 1981.2;

XI. 1993.3.

5. (1) Identity cards shall be issued by the authorised officer and shall be stamped with the stamp of such officer or shall be otherwise 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 ap pli e d for and sh al l i ndi cate t h e date o n which its v a l i di ty commences and expires, and an identifying number of the holder which may either be his act of birth number given by the Public Registry or any other number as may be assigned to him by the authorised officer, it shall moreover, wherever practicable, contain the signature of the holder or a reproduction of a recent signature of t h e ho lder, and also t h e foll owin g p a rti c ulars concerning such person:
(a) name and surname;
(b) the address of the principal place of residence where such person habitually sleeps;
(c) sex;
(d) nationality;
(e) place and date of birth,
and may include such other particulars or information as the authorised officer may deem appropriate.
(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 agai nst forg er y, tampering or alteration thereof, and it shall, in any case, include a limited area where machine readable coded information may be inserted:
Provided that no informatio n w h i c h i s n o t in clud ed und er subarticle (2) hereof may be so included.

6. (1) An identity card shall remain valid for a period of ten years or such other period as may be prescribed, and may not be renewed:

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 class or classes of identity cards:
Provided further that where an identity card has been issued in respect of a person under the age of eighteen years, such identity card shall cease to be valid upon the eighteenth birthday of the holder thereof.
(2) Where the holder of an identity card is a person to whom article 3(1) 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.

Validity of identity cards and application for new ones.

Substituted by: XXVI. 1981.3.

Amended by: Xl.1993.4.

6A. The authorised officer may request the holder of an identity card to return such identity card to him, so that a new identity card may be issued to the hol der wi th special in for m atio n ab out th e validity of such card for travelling purposes, in the following cases:

(a) when there is in force an order issued by a Court or tribunal established by law, prohibiting the holder from leaving these Islands without requesting authorisation of such Court or tribunal;
(b) when the holder has accepted to be released on bail under a condition not to leave these Islands without the authorisation of any Court or tribunal;
(c) when the holder has been released from detention by the Executive Police under the condition not to leave these Islands without the authorisation of the investigating officer under article 355AL of the Criminal Code.

Withdrawal and change of identity card.

Added by: III. 2008.20.

Cap. 9.

7. (1) Every person to whom an identity card 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 b y any enact m ent, del i ver it t o any lawful authority:

Provided that a person shall not be required to deliver a valid identity card 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 card.
(3) Any member of the Police Force may require any person to

Safe custody and production of card.

w ho m an i de nt it y card has be en issu ed t o prod uc e t hat c ard on dem and or, if it i s n ot pract icable fo r th e person so required to produce it on demand, not later than twenty-four hours after the demand.
(4) Where a person has delivered a valid identity card to a lawful authority as provided in this article, the receipt given to him i n resp ect th ere o f sha ll, un ti l h e is again in possession of his identi ty card, be suff ici e nt evi d en ce that he possesses a valid identity card.

Card to be evidence of identity of holder. Amended by: XXVI.1981.4.

Incorrect

particulars on card.

Loss, destruction, etc., of card. Amended by:

XIII. 1983.4, 5; L.N. 423 of 2007.

8. An identity card which has not been tampered with shall, u n til its val i dit y expi res or is ter min ated, be evi d ence of the identity of the holder as shown on the card, and shall be accepted as such by every public officer or authority and by every other person.

9. Whenever for any reason any of the particulars or any other information contained in an identity card is or becomes incorrect, the holder of the card shall, without delay, report the fact to the authorised officer and shall surrender the incorrect card to, and give all such information as may be required by, that officer; and that of ficer shall cause the card to be indelibly m a rked as "W ithd r awn as Inco rre c t " a nd s h all is sue an other ca rd in substitution therefor.

10. (1) If an identity card is lost, destroyed or defaced, the holder of that card s h all, withou t de lay, rep o rt the fac t t o the authorised officer and, in the case of a defaced card, shall surrender the defaced card to that officer.

(2) Upon an application for the issue of an identity card in substitution of a card l o st, dest royed or defaced, and upon the payment of a fee of two euro and thirty-three cents (2.33), or of suc h other fee a s ma y be pre s cribed, the authoris ed officer, if satisfied that the card has been lost, destroyed or defaced and, in the case of a defaced card, that it has been surrendered as required by this Act, shall issue a fresh card.
(3) Except as provided in subarticle (2), or unless the authorised officer is of the opinion that he should, subject to any condit i ons h e may deem appropriate, act o t herwise in t h e circumstances, no identity card shall be issued in respect of the same person unless all cards previously issued in respect of that person, including a card the validity of which has expired, have been surrendered to that officer.
(4) For the purposes of this article an identity card shall be treated as lost if the authorised off icer is satisfied that it is not recoverable.

Entries on card. 11. Without prejudice to the provisions of article 5(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 card.

Use and possession of card restricted to holder, etc.

12. (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 card.
(2) Any person who comes into possession of an identity card issued to some other person shall forthwith deliver or forward it to the holder thereof or to the authorised officer.
(3) Any person who has in his possession more than one identity card issued in respect of him shall without delay and in p e rson pr od uce such car d s to th e authorised office r and shall surrender to him such one or more of the cards as that officer shall require.

13. The Prime Minister may make regulations for prescribing an yth i n g wh ich is r e q u i r ed or auth or ised by th is Act to be prescribed and for carrying into full effect the provisions of this Act.

14. (1) Without prejudice to the provisions of subarticle (2) and of the 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) not exceeding two hundred and thirty-two euro and nin ety-fo ur cents (23 2.94) an d, in the case of a continuing offence, to a fine (multa) not exceeding eleven euro and sixty-five cents (11.65) for each day during which the offence continues.
(2) Any person who -
(a) with intent to deceive contravenes any of the provisions of article 11 or of article 12(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 card 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.

Regulations.

Offences. Amended by: XIII. 1983.5;

L.N. 423 of 2007.