Cap. 217 Art. 15Responsibility of carriers.

(1) A carrier by sea or air shall be obliged to take all necessary measures to ensure that a person carried by it to Malta is in possession of the travel documents and any visa or other authorisation required for entry into, or transit through, Maltese territory before transporting such person to Malta.

(2) At the request of the Principal Immigration Officer the carrier shall return a person refused entry on the grounds of not being in possession of any visa or document mentioned in the preceding subarticle, either to the State from which he was transported, or to the State which issued the travel document on which he travelled, if any, or to any other State to which he is guaranteed entry.

(3) At the request of the Principal Immigration Officer the carrier shall also return, as specified in subarticle (2), a third country national in transit through Malta if the carrier which was to take him to his country of destination refuses to take him on board or the authorities of the state of destination have refused him entry and have sent him back to Malta.

(4) A carrier which cannot return a person as laid down in subarticles (2) and (3), shall find the means of onward transportation immediately and bear the costs thereof, or, if immediate onward transportation is not possible, he shall assume responsibility for the costs of the stay and return of the person concerned.

(5) A carrier may not carry from any State to Malta a person who is not in possession of any travel document, visa or other special authorisation where required under this Act, required for his lawful entry into Malta and in case of such default such carrier shall be liable to pay to the Principal Immigration Officer such penalty as may be established by him, not being more than eleven thousand and six hundred and forty-six euro and eighty-seven cents (11,646.87) for each person carried or such other maximum sum as may be prescribed by the Minister. Such penalty shall be recoverable by the Principal Immigration Officer, after the term within which an appeal to the Board may be entered, has elapsed without an appeal having been entered, or after the decision of such Board as a civil debt due to the Government and the provisions of article 466 of the Code of Organization and Civil Procedure shall, notwithstanding any other provision to the contrary, mutatis mutandis apply to such debt.