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The Consumer Protection Laws (Amendment) Act, 2006 (Bill No. 65)

A BILL

entitled

AN ACT to amend various laws for the enforcement of consumer protection powers.

Short title.

Amendment to the Consumer Affairs Act, Cap. 378.

Amendment of article 2 of the principal Act.

1. (1) The short title of this Act is the Consumer Protection
Laws (Amendment) Act, 2006.
(2) The provisions of this Act shall be deemed to have come into force on the 29th December, 2005.
Part I
2. This Part amends and shall be read and construed as one with the Consumer Affairs Act, hereinafter in this Part referred to as “the principal Act”.
3. Article 2 of the principal Act shall be amended as follows> (a) immediately after the definition “registered consumer
association” there shall be inserted the following new definition>
“ “consumer protection co-operation Regulation” means Regulation (EC) No 2006#2004 of the European Parliament and of the Council of 27 October 2004 on co-operation between national authorities responsible for the enforcement of consumer protection laws (text with EEA relevance)<”.
4. Sub-article (2) of article 3 of the principal Act shall be amended as follows>
(a) in paragraph (d) thereof, the word “and” at the end of the paragraph shall be deleted< and
(b) immediately after paragraph (e) there shall be added the following new paragraphs>
“(f) to serve as and perform the functions of a competent authority in terms of the consumer protection co- operation Regulation< and
(g) to serve as and perform the functions of the single liaison office in Malta responsible for coordinating the application of the consumer protection co-operation Regulation.”.
5. Article 12 of the principal Act shall be amended as follows> (a) immediately after the words “under the provisions of
article 9,” there shall be inserted the words “or a breach of or a
failure to comply with the provisions of articles 44 to 50 or with the provisions of the Doorstep Contracts Act” and immediately after the words “against the trader under the relevant regulation” there shall be inserted the words “or provision”<
(b) immediately after sub-article (1) thereof, there shall be added the following new sub-article>
“(2) Where the Director deems it appropriate, he may order the publication of the said undertaking in at least two daily newspapers, and that the relative expenses shall be borne by the trader<” and
(c) sub-articles (2), (3) and (4) shall be renumbered as sub- articles (3) (4) and (5) respectively.
6. Article 102 of the principal Act shall be amended as follows> (a) article 102 of the principal Act shall be renumbered as
sub-article (1) thereof<
(b) immediately after sub-article (1) as renumbered, there shall be added the following new sub-article>–
C 427

Amendment of article 3 of the principal Act.

Amendment of article12 of the principal Act.

Amendment of article 102 of the principal Act.

C 428

Addition of new article 104A to the principal Act.

“(2) Where there is an exchange of officials from competent authorities in terms of the consumer protection co-operation Regulation, the Director may in writing authorise such officials to perform, in full or in part, any of the functions or exercise any of the powers granted to him under this Part.”.
7. Immediately after Article 104 of the principal Act, there shall be added the following new article 104A.

“Mutual assistance with other authorities.

104A. (1) Notwithstanding anything contained in this Act, the Director may, in order to carry out his function as competent authority under the consumer protection co- operation Regulation, request, receive, disclose and exchange information in matters of mutual assistance with other competent authorities in terms of the consumer protection co-operation Regulation and the Data Protection Act.
(2) Notwithstanding the provisions of any other law, the Director may produce as evidence before any court or tribunal any such information, including documents, findings, statements, certified true copies or intelligence received from competent authorities in terms of sub-article (1).” .
Part II

Amendments to the Civil Aviation Act, Cap. 232.

Amendment of Article 3 of the principal Act.

8. This Part amends and shall be read and construed as one with the Civil Aviation Act, hereinafter in this Part referred to as “the principal Act”.
9. Article 3 of the Principal Act shall be amended as follows> (a) in paragraph (c) of sub-article (1) thereof the words
“under this Act.” shall be substituted with the words “under this
Act<” and immediately after the said paragraph (c) there shall be added the following new paragraph>
“(d) for implementing any European Community obligation in matters relating to air transport or civil aviation.”< and
(b) immediately after sub-article (4) thereof there shall be added the following new sub-article>
“(5) Regulations or orders under this article may, for the purpose of the proper implementation and enforcement
thereof, provide for the granting of the power to the Director of Civil Aviation to enter and search any premises, to have access to any relevant document in any form, to require any person to supply any relevant information, to carry an on-site inspection, to issue an order to any person to cease from doing any thing which constitutes an infringement of this Act or of any regulation or order made thereunder and to demand from any person an undertaking to desist from doing any such thing and to publish any such undertaking and any decision of the Director related to the said regulations or orders.”.
Part III
10. This Part amends and shall be read and construed as one with the Broadcasting Act, hereinafter in this Part referred to as “the principal Act”.
11. Article 37 of the principal Act shall be amended as follows> (a) paragraph (f) of sub-article (2) thereof shall be
renumbered as paragraph (g) thereof<
(b) immediately after paragraph (e) of sub-article (2) thereof, there shall be added the following new paragraph>
“(f) to implement any European Community obligation in matters relating to broadcasting.”< and
(c) immediately after sub-article (2) thereof there shall be added the following new sub-article>
“(3) Regulations made under sub-article (2) may, for the purpose of the proper implementation and enforcement thereof, provide for the granting of the power to the Broadcasting Authority and to any of its officers and employees to enter and search any premises, to have access to any relevant document in any form, to require any person to supply any relevant information, to carry an on-site inspection, to issue an order to any person to cease from doing any thing which constitutes an infringement of this Act or of any subsidiary legislation made thereunder and to demand from any person an undertaking to desist from doing any such thing and to publish any such undertaking and any decision of the Authority, its officers and employees related to the said subsidiary legislation.”.
C 429

Amendments to the Broadcasting Act, Cap. 350.

Amendment of Article 37 of the principal Act.

C 430

Amendment of the Malta Standards Authority Act, Cap.

419.

Amendment of article 2 of the principal Act.

Amendment of the Metrology Act, Cap. 454.

Amendment of article 1 of the principal Act.

Amendment ofarticle 2 of the principal Act.

PART IV
12. This part amends the Malta Standards Authority Act and it shall be read and construed as one with the Malta Standards Authority Act, hereinafter in this Part referred to as “the principal Act”.
13. In the definition “Minister” for the words “responsible for industry” there shall be substituted the words “responsible for the Malta Standards Authority”.
PART V
14. This Part amends the Metrology Act and it shall be read and construed as one with the Metrology Act, hereinafter in this Part referred to as “the principal Act”.
15. In subarticle (2) of article 1 of the principal Act, for the words “responsible for industry” there shall be substituted the words “responsible for the Malta Standards Authority”.
16. In the definition “Minister” for the words “responsible for industry” there shall be substituted the words “responsible for the Malta Standards Authority”.

Objects and Reasons

The object of this Bill is to amend and to provide for enforcement measures in various laws in order to implement Regulation (EC) No 2006#2004 of the European Parliament and of the Council of 27 October 2004 on co-operation between national authorities responsible for the enforcement of consumer protection laws. The Bill further provides for an alteration of the Minister responsible for the administration of two related Acts.