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The Consumer Protection Laws (Amendment) Act (Act No. Xv Of 2006)

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

1. (1) The short title of this Act is the Consumer ProtectionShort title.
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 Amendment to the
the Consumer Affairs Act, hereinafter in this Part referred to as “theConsumer Affairs
principal Act”.
3. Article 2 of the principal Act shall be amended as follows>

Amendment of article 2 of the principal Act.

(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)<”< and
A 816

Amendment of article 3 of the principal Act.

Amendment of article12 of the principal Act.

(b) immediately after the definition “Director” there shall be added the following new definition>
“ “EEA State” means a State which is a contracting party to the agreement on the European Economic Area signed at Oporto on the 2nd May, 1992 as amended by the Protocol signed at Brussels on the 17th March, 1993 and as amended by any subsequent Acts<”.
4. Subarticle (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 subarticle (1) thereof, there shall be added the following new subarticle>
“(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) subarticles (2), (3) and (4) shall be renumbered as subarticles (3) (4) and (5) respectively.
A 817
6. In paragraph (f) of the definition “producer” in article 56 ofAmendment of article 56 of the
the principal Act, for the words “outside Malta, any person who importsprincipal Act.
into Malta” there shall be substituted the words “outside an EEA State, any person who imports into an EEA State”.
7. Article 71 of the principal Act shall be substituted by theSubstitution of article 71 of the
following new article>
“71. This part shall apply to products which are put into circulation in any EEA State as from 1st May, 2004.”.

principal Act.

8. Immediately after article 71 in Part VII of the principal ActAddition of new article 71A to the
there shall be added the following new article>

principal Act.

“71A. The purpose of this Part is to implement the provisions of Council Directive 85#374#EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products as amended by Directive 1999#34#EC of the European Parliament and of the Council of 10 May 1999 and this Part shall be applied and interpreted accordingly.”.
9. Article 102 of the principal Act shall be amended as follows>Amendment of article 102 of the principal Act.
(a) article 102 of the principal Act shall be renumbered as
subarticle (1) thereof<
(b) immediately after subarticle (1) as renumbered, there shall be added the following new subarticle>–
“(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.”.
10. Immediately after article 104 of the principal Act, there shalAl ddition of new article 104A to the
be added the following new article 104A.

principal Act.

“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.
A 818

Amendments to the Civil Aviation Act, Cap. 232.

Amendment of article 3 of the principal Act.

Amendments to the Broadcasting Act, Cap. 350.

(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 subarticle
(1).” .
Part II
11. 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”.
12. Article 3 of the Principal Act shall be amended as follows> (a) in paragraph (c) of subarticle (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 subarticle (4) thereof there shall be added the following new subarticle>
“(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
13. 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”.
A 819
14. Immediately after article 16A of the principal Act there shalAl ddition of new article 16B to the
be added the following new article 16B>-

principal Act.

“Digital Radio.

16B. (1) The Authority is hereby entrusted with
licensing broadcasting content on digital radio services.
(2) The Prime Minister may, following agreement with the Authority, make regulations to give better effect to the provisions of this article and may, without prejudice to the generality of the foregoing, prescribe>
(a) the method of application, including the forms, to be used in an application for a digital radio broadcasting licence<
(b) the information of a technical nature or otherwise to be supplied with each application<
(c) the conditions under which a digital radio broadcasting licence may be issued, as well as the conditions under which it can be amended, altered, suspended or revoked<
(d) the conditions under which any installation, apparatus or other property of a digital radio broadcasting licensee, shall be installed, operated, maintained, protected, controlled, or in any way safeguarded and the prohibition of the use of any dangerous installation, apparatus or fittings<
(e) any tariff of prices, fees and charges which may be or are required to be prescribed by or under the provisions made thereunder and the time, place and manner for the payment of such prices, fees or charges and the mode of collection and disposal thereof<
(f) the period for which a digital radio broadcasting licence shall remain operative<
(g) the conditions under which any persons holding a digital radio braodcasting licence under this article shall operate digital radio broadcasting services<
(h) the qualifications to be possessed by
A 820

Amendment of article 37 of the principal Act.

persons before they may be entrusted with the construction, repair, alteration or control of any apparatus or installation to be availed of by any digital radio broadcasting contractor or licensee, and the nature of the tests to be employed for ascertaining whether persons possess such qualifications<
(i) the measures to be taken and the fittings to be supplied and used in connection with installations in order to secure public safety and private safety<
(j) the means to be adopted, whether by prohibition or otherwise, to prevent or abate any danger, damage or nuisance likely to arise or arising from the working of any installations or apparatus used by a digital radio broadcasting contractor or licensee<
any other matter which the Prime Minister and the Authority consider necessary or expedient for the better carrying out of the provisions of this Act for securing the safety of the public, or for giving effect to, and securing compliance with, any or all of the directives or codes which may be issued by the Authority by virtue of this Act, or in general for ensuring adequate digital radio broadcasting services or the proper monitoring and supervision of such services in Malta.”.
15. Article 37 of the principal Act shall be amended as follows> (a) paragraph (f) of subarticle (2) thereof shall be
renumbered as paragraph (g) thereof<
(b) immediately after paragraph (e) of subarticle (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 subarticle (2) thereof there shall be added the following new subarticle>
“(3) Regulations made under subarticle (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.”.
PART IV
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16. This part amends the Malta Standards Authority Act and itAmendment of the
shall be read and construed as one with the Malta Standards AuthorityMalta Standards
Act, hereinafter in this Part referred to as “the principal Act”.

419.

17. In the definition “Minister” for the words “responsible for Amendment of
industry” there shall be substituted the words “responsible for the Maltaarticle 2 of the
Standards Authority”.
PART V
18. This Part amends the Metrology Act and it shall be read andAmendment of the
construed as one with the Metrology Act, hereinafter in this Part referredMetrology Act,
to as “the principal Act”.
19. In subarticle (2) of article 1 of the principal Act, for the wordsAmendment of
“responsible for industry” there shall be substituted the words article 1 of the
“responsible for the Malta Standards Authority”.
20. In the definition “Minister” for the words “responsible for Amendment of
industry” there shall be substituted the words “responsible for the Maltaarticle 2 of the
Standards Authority”.
A 822
Passed by the House of Representatives at Sitting No. 426 of 26th July, 2006.
ANTON TABONE

Speaker

RICHARD J. CAUCHI

Clerk to the House of Representatives