RADIOCOMMUNICATIONS (PUNISHMENTS AND VOLUNTARY SETTLEMENT OF DISPUTES PROCEDURES) [ S.L.399.37 1 SUBSIDIARY LEGISLATION 399.37 RADIOCOMMUNICATIONS (PUNISHMENTS AND VOLUNTARY SETTLEMENT OF DISPUTES PROCEDURES) REGULATIONS 15th October, 2004 LEGAL NOTICE 439 of 2004, as amended by Legal Notices 407 of 2007, 299 of 2014 and 19 of
- The title of these regulations is the Radiocommunications (Punishments and Voluntary Settlement of Disputes Procedures) Regulations.
- In these regulations unless the context otherwise requires: Title. Amended by: L.N. 19 of
- "the Act" means the Electronic Communications (Regulation) Act; Definitions. Amended by: L.N. 299 of
- Cap.
- "the Authority" means the Malta Communications Authority established under the Malta Communications Authority Act; Cap.
- "licence" means a radiocommunications individual licence issued in accordance with the provisions of Part IV of the Act; "the Minister" means the Minister responsible for communications. 3.
(1)The Authority in the case of a first offence in breach of articles 30
(1)or 31 of the Act, may instead of initiating criminal proceedings against the offender for such breach, enter into an agreement in writing with the offender whereby such offender pays a fine of not less two hundred and fifty euro (€250) and not exceeding one thousand euro (€1000) which amount shall be determined at the discretion of the Minister or the Authority, as the case may be, according to the gravity of the offence, and shall be communicated to the offender in accordance with the provisions of these regulations: Provided that in the said agreement the Authority may include such conditions as the Authority may consider necessary to ensure compliance with the provisions of articles 30 or 31 of the Act, including but not limited to the surrender by the offender of any apparatus to which the offence relates to any such public body as may be referred to in the agreement.
(2)Upon the signing of such an agreement by the Authority on the one hand and the offender on the other, and following the payment of such fine and the compliance by the offender of any conditions as may be stipulated in the said agreement, then all criminal liability of the offender with respect to that offence shall be extinguished. Payment of fine (multa) in lieu of initiation of prosecution. Amended by: L.N. 407 of
- Substituted by: L.N. 299 of
- Amended by: L.N. 19 of
- 2 [ S.L.399.37 Procedure where a person has a licence and fails to pay the prescribed fee. Amended by: L.N. 407 of
- Substituted by: L.N. 299 of
- Amended by: L.N. 19 of
- RADIOCOMMUNICATIONS (PUNISHMENTS AND VOLUNTARY SETTLEMENT OF DISPUTES PROCEDURES)
- Notwithstanding the provisions of article 30B of the Act and, or of regulation 3 of these regulations, no action shall be taken against any person who, having been in possession of a licence, fails to pay the licence fee by the date when the licence expired, and who pays, within fourteen days from the serving of such intimation in writing, a fine (multa) in accordance with the Schedule to these regulations in addition to the fee due for the renewal of the said licence: Provided that if a person fails to pay the licence fee due and the fine (multa) applicable therewith within the period stated in this regulation, then the provisions of article 30B of the Act shall apply. Renewal of licence subject to payment. Amended by: L.N. 299 of
- Substituted by: L.N. 19 of
- In the event that any fine (multa) or administrative penalty are due under these regulations or under Part IV of the Act, a radiocommunications individual licence issued under Part IV of the Act, shall not be renewed unless, together with the prescribed fee, such person pays any such fine (multa) or administrative penalty as may be due. Added by: L.N. 299 of
- Amended by: L.N. 19 of
- SCHEDULE (Regulation 4) Where a person pays a licence fee within the period prescribed in regulation 4 of these regulations that person shall, depending on the amount stated in the first column, also pay the fines (multi) stated in the second column: Where the licence fee due is not more than €250 €10 Where the licence fee is more than €250 but less €25 than €1,000 Where the licence fee is more than €1,000 but less €50 than €2,500 Where the licence fee is more than €2,500 two per cent of the licence fee due