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Trading Stamps Schemes (Restriction) Act (Cap. 182) Consolidated

T R A D ING STAMP S SCHEM E S ( REST R ICTI ON) [CAP. 182. 1

CHAPTER 182

TRADING STAMPS SCHEMES (RESTRICTION) ACT

To provide for the restricted use of trading stamps schemes and other matters incidental thereto.

(18th December, 1964)*

ACT XXIII of 1964, as amended by Acts XIII of 1983 and VIII of 1990;

and Legal Notice 410 of 2007.

1. The short title of this Act is the Trading Stamps Schemes

(Restriction) Act.

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

"association of persons" includes any company, partnership or body of persons, whether corporate or unincorporate and whether vested with legal personality or not;
"exempted person" means any promoter or operator of a trading stamps scheme to whom the provisions of this Act do not apply under article 6(1);
"gift" means a gift in cash or in kind and includes any valuable advantage and any prize th e gi vi ng of which de pends upon th e outcome of a future uncertain event or of a combination of future events;
"goods" means anything which is the subject of trade;
"importer" includes an agent having the exclusive representation of a foreign firm for the sale or distribution in Malta of the goods of that firm or of a local firm for the sale or distribution in Malta of the goods manufactured by such local firm, and "to import" shall be construed accordingly;
"manufacturer" includes the producer, and "to manufacture" shall be construed accordingly;
"person" includes an association of persons;
"seller" means the transferor or assignor of goods against the payment of any consideration whether in cash or in kind and includes any party to the exchange of goods and "to sell" shall be construed accordingly;
"trading stamp" means any stamp, coupon, voucher, token, label, wrapper or similar device which is or is intended to be delivered to any person upon or in connection with the purchase by that person of any goods and is or is intended to be redeemable in specified quantities by that or some other person against the receipt of a gift;
"trading stamps scheme" means any scheme, plan, promise, offer,

Short title. Interpretation.

*See article 1(2) as originally enacted, which subarticle has been omitted under the Statute Law Revision Act, 1980, and Government Notice No. 670 of the 18th of December, 1964.

2 CAP. 182.] TRADING STAMPS SCHEMES (RESTRICTION)

Prohibition to promote, operate, or advertise trading stamps schemes.

obligation or similar arra ng ement or undertaking by whic h the purchasers of specified goods or from specified sellers would be entitled to receive gifts as an inducement for the purchase of such specified goods or from such specified sellers against the delivery of and in exchange for trading stamps.

3. (1) No person shall promote or operate or in any way and to whatever extent assist or take part in the promotion of a trading stamps scheme.

(2) No person shall issue, distribute, give or sell or shall in any way be con c ern e d in t h e issu e, dist rib u ti on , gi vi ng or sal e of trading stamps for the purpose of a trading stamps scheme.
(3) No person shall in any manner whatsoever advertise or ca use to be a d vertise d or assist i n th e adv e rt isi n g o f a tr ad in g stamps scheme.

Penalties. Amended by: XIII. 1983.5; VIII. 1990.3;

L.N. 410 of 2007.

Offences by association of persons.

4. Any person who contravenes any of the provisions of this Act shall be guilty of an offence and shall be liable on conviction by th e Co urt of Mag i str a t e s to a fin e ( mu lta ) of not l e ss t h an twenty-three euro and twenty-nine cents (23.29) and not exceeding two hundred and thirty-two euro and ninety-four cents (232.94) or to imprisonment for a term of not more than three months or to both such fine and imprisonment.

5. Where an offence against any of the provisions of this Act is committed by an association of persons, every person who, at the time of commission o f the of fence, was a direct or, m a nager, secr etar y or other similar of ficer o f such association or was purporting to act in any such capacity shall be guilty of that offence u n less he pro v es th at t h e o ff e nce was co mm it ted w ith out hi s knowledge and that he exercised all due diligence to prevent the commission of the offence.

Exemption. 6. (1) The provisions of articles 3 and 4 shall not apply to the promotion or operation of a trading stamps scheme directly and exclusively by an importer, manufacturer or seller in relation to the goods impo r t e d, manufactured or sold by such importer , manufacturer or seller.

(2) For the purpose of subarticle (1) a trading stamps scheme shall not be deemed to have been promoted or operated directly and exclusively by an importer, manufacturer or seller as therein stated if such importer, manufacturer or seller makes use or in any manner avails himself of th e activity or s e rvices of any person who organizes or promotes a joint trading stam ps schem e for or on b e hal f of two o r m o re ex em pt ed person s, o r if t w o or mo re exempted persons operate jointly a trading stamps scheme.