Chapter 46 – Goldsmiths and Silversmiths Act
What is this act about?
This law regulates the trade and manufacturing of items made from precious metals like gold, platinum, palladium, and silver, ensuring their quality and proper marking. It establishes rules for how these items are identified and sold in Malta.
Who it applies to: Manufacturers and sponsors of precious metal articles; Dealers and traders of precious metal articles and precious stones.
At a glance
- Country
- Malta
- Area of law
- Other legislation
- Articles
- 19
- Source
- legislation.mt
- Text retrieved
- Explanation updated
What does this act regulate?
- The marking and hallmarking of precious metal articles.
- The standards of fineness for precious metal alloys and solder used in articles.
- The documentation and labeling required for precious metal articles placed on the market.
- The responsibilities of manufacturers, sponsors, and dealers of precious metal articles.
Who does this act apply to?
- Manufacturers and sponsors of precious metal articles.
- Dealers and traders of precious metal articles and precious stones.
What are the key points?
- Precious metal articles cannot be sold if their standard mark is superior to the actual metal's standard, if they have conflicting marks, or if they lack an office hallmark or a manufacturer’s/sponsor’s hallmark.
- Certain articles are exempt from marking requirements, including small items (less than 1 gram for gold/platinum, 3 grams for silver/palladium), antiques, and items for scientific or medical use.
- Manufacturers and sponsors are responsible for the accuracy of the standard mark in their hallmarks and may only use their own marks.
- The Consul (Director General Standards and Metrology) acts as an authorized independent hallmarking body and official valuer, and can inspect premises and collect samples.
Other legislation
Legal text
Legal text
GOLDSMITHS AND SILVERSMITHS
CHAPTER 46
GOLDSMITHS AND SILVERSMITHS ACT An Act to regulate Goldsmiths and Silversmiths.
Substituted by:
IX. 2003.6.
Substituted by:
IX. 2003.6.
1st December, 1920 ORDINANCE XII of 1920 as amended by Act X of 1932; Ordinance II of 1938; Acts: XXII of 1949, XXV of 1962; Legal Notices: 4 of 1963, 46 of 1965; and Acts: VII of 1966, XXXI of 1971, LVIII of 1974, XI of 1977, XLIX of 1981, II of 1982, VIII and XVIII of 1990, XXVII of 2001, IX of 2003, III of 2004 and VII of 2021 *.
Art. 1
The short title of this Act is the Goldsmiths and Silversmiths Act.
Art. 2
In this Act, and in any regulations made thereunder - Short title.
Amended by:
IX. 2003.7. "an alloy of a precious metal" is a solid solution of a precious metal and one or more other metals;
Interpretation.
Substituted by:
IX. 2003.8.
Amended by:
III. 2004.104;
VII.2021.3. "Authority" means the Malta Competition and Consumer Affairs Authority as established by article 3 of the Malta Competition and Consumer Affairs Authority Act; "authorized" unless otherwise specified, means empowered by the Minister or his equivalent in a Member State or by an appropriate European Union Agency or by any person designated by the aforementioned in accordance with the provisions of this Act; "authorized hallmarking body" is a person independent of the manufacturer or sponsor of a precious metal article, authorized to imprint an office mark on the said article; "Consul" means the Consul for the Goldsmiths and Silversmiths and the functions and duties of the Consul shall be discharged by the Director General (Standards and Metrology) or any public officer authorised in writing by the Director General to discharge such duties; "dealer" means any person who deals in precious metal articles or precious stones; "European Union" means the European Union referred to in the Treaty; "fineness mark" is a mark in arabic numerals imprinted on the precious metal alloy of a precious metal article representing the standard of fineness of the said alloy, and the type of precious metal therein; "Malta" has the same meaning as assigned to it by article 124 of the Constitution of Malta; "manufacturer" is a person who makes precious metal articles; *See Legal Notice 270 of 2021.
GOLDSMITHS AND SILVERSMITHS "manufacturer’s hallmark" is an imprint which a manufacturer is authorized to apply on a precious metal article comprising the manufacturer’s mark and a standard mark; "manufacturer’s mark" is the identifying mark on a precious metal article which a manufacturer is authorized to imprint on the precious metal article he manufactures; "Member State" means a state which is a member of the European Union; "Minister", unless otherwise provided in this Act, means the Minister responsible for the Authority; "office hallmark" is an imprint on a precious metal article applied by an authorized hallmarking body comprising at least a standard mark; "placed on the market" means in any way made available on the market in the territory of Malta with a view to the distribution and, or, use in the said territory or in such other territory as may be prescribed; "precious metal" means gold, platinum, palladium and silver in the pure state and their alloys; "precious metal article" is any fully manufactured item of jewellery, goldsmith’s or silversmith’s ware or watchmaker’s ware and any other complete object made entirely or in part from a precious metal; "prescribed" means as prescribed by regulations under the Act; "sponsor" means a person who undertakes the same responsibilities as the manufacturer; "sponsor’s hallmark" is an imprint which a sponsor is authorized to apply on a precious metal article comprising the sponsor’s mark and a standard mark; "sponsor’s mark" is the identifying mark which a sponsor is authorized to imprint on a precious metal article; "standard" is the fractional content by weight of pure precious metal in a precious metal alloy; "standard of fineness" shall be the number representing the number of parts by weight of pure precious metal in one thousand parts by weight of a precious metal alloy (millesims); "standard mark" is a mark imprinted on the precious metal alloy of a precious metal article representing the standard of the alloy and the type of precious metal therein; "Standards and Metrology Institute" means the national body established under Part VII of the Malta Competition and Consumer Affairs Authority Act; "the Treaty" has the same meaning assigned to it in the European Union Act.
Nominal standards.
Substituted by:
IX. 2003.8.
Art. 3
The nominal standards for precious metal articles shall be as may be such as prescribed.
GOLDSMITHS AND SILVERSMITHS
Art. 4
No precious metal article shall be placed on the market if (i) save as may be prescribed, the said article is imprinted with a standard mark which is superior to the actual standard of the precious metal; (ii) the said article bears two or more differing standard marks except in cases where it consists of components made of various precious metals; (iii) the said article does not bear either (a) an office hallmark or (b) a manufacturer’s or sponsor’s hallmark; (iv) the marks referred to in sub-paragraph (iii) do not bear such other further characteristics as may be prescribed; (v) in case the article is made up of various precious metals it is not marked in accordance with subparagraphs (iii) and (iv) for the various precious metal parts.
Art. 5
to - The provisions of article 4(iii), (iv) and (v) shall not apply (a) any precious metal article which cannot bear the pressure of the stamp without being broken or losing the necessary solidity or on which it is technically difficult to imprint the required marks; (b) any precious metal article having an antiquarian value; (c) objects of precious metal for scientific, technical, musical or medical use; (d) legal tender made of precious metal and collectors’ coins and medals issued by or on the authority of a State; (e) ingots or granules of precious metal for banking use; (f) small articles weighing less than one gram in the case of gold and platinum and three grams in the case of silver and palladium or such other weight as may be prescribed; (g) semi-manufactured precious metal articles; (h) articles which are not made of precious metal but are plated with precious metal or are otherwise laminated or coated with thin precious metal foil.
Stamping of precious metal articles.
Substituted by:
IX. 2003.8.
Exemptions.
Substituted by:
IX. 2003.8.
Amended by:
III. 2004.105.
Art. 6
The standards of solder that shall be used for joining component parts of precious metal articles shall be such as may be prescribed.
Standards of solder.
Substituted by:
IX. 2003.8.
Art. 7
if - Documentation accompanying precious metal articles.
Substituted by:
IX. 2003.8;
III. 2004.106.
No precious metal articles shall be placed on the market (i) such an article, marked in accordance with the provisions of article 4 and containing a nonprecious metal part or parts is not accompanied by such documents as the Consul may require or GOLDSMITHS AND SILVERSMITHS as may be prescribed; (ii) such an article, exempt from marking under the provisions of article 5 is not accompanied by a document or certificate as may be prescribed; (iii) such an article does not carry a label clearly indicating the type of precious metal alloy or alloys making up the article and the standard of fineness thereof except as may be prescribed.
Manufacturers’ responsibility.
Substituted by:
IX. 2003.8.
Art. 8
Sponsor’s responsibility.
Substituted by:
IX. 2003.8.
Art. 9
Consul’s Office mark.
Substituted by:
IX. 2003.8.
Art. 10
Declaration of homogeneity.
Substituted by:
IX. 2003.8.
Art. 11
Art. 12
Authorization of manufacturers’ and sponsors’ marks.
Substituted by:
IX. 2003.8.
Art. 13
Inspections by the Consul.
Substituted by:
IX. 2003.8.
Art. 14
Art. 15
Substituted by:
IX. 2003.8.
Amended by:
VII.2021.4.
Trade records.
Substituted by:
IX. 2003.8.
GOLDSMITHS AND SILVERSMITHS by whom they were so presented.
Return of stocks.
Substituted by:
IX. 2003.8.
Art. 16
Punishments for offences.
Substituted by:
IX. 2003.8.
Art. 17
Power to make regulations.
Substituted by:
IX. 2003.8.
Art. 18
Transitory provisions.
Substituted by:
IX. 2003.8;
III. 2004.107.