Cap. 439 Art. 45Offences and penalties.

(1) Any person who acts in violation of this Act or in breach of regulations made thereunder shall:

(a) on first conviction, be liable to a fine (multa) of not less than two thousand euro (€2,000) but not exceeding sixty five thousand euro (€65,000) or to a term of imprisonment for a period not exceeding three

(3) years or to both such fine and imprisonment;

(b) on a second or subsequent conviction, be liable to a fine (multa) of not less than six thousand euro (€6,000) but not exceeding eighty thousand euro (€80,000) or to a term of imprisonment for a period not exceeding three (3) years or to both such fine and imprisonment:

Provided that when a person is found guilty of a breach of the provisions of this Act or the regulations made thereunder consisting of ill-treatment of animals, the Court may when it deems it to be appropriate, in addition to the punishment, prohibit the person found guilty from keeping animals or from residing in a place where animals are kept for such period as the Court may determine and shall order the Registrar of the Criminal Courts and Tribunals to notify the Commissioner with the judgement imposing such prohibition:

Provided further that the Court, upon the request of the prosecution, may issue a court decree during the course of proceedings if it is satisfied that there is prima facie evidence for the issue of the court order against a person charged with a breach of the provisions of this Act or any of the regulations made thereunder consisting of ill-treatment of animals in order to prohibit that person from keeping animals until the judgment becomes res judicata and shall order the Registrar of the Criminal Courts and Tribunals to notify the Commissioner with the decree imposing such prohibition:

Provided further that the Commissioner for Animal Welfare shall maintain a register called the "Offenders of the Animal Welfare Act and its Regulations" within which there shall be noted down the name of any convicted person by the Court of a breach of the provisions of this Act or any of the regulations made thereunder and where it is declared by the Court that the convict shall be prohibited from keeping animals for such period as the Court may determine. An authentic copy of the relevant judgment or court decree, shall also be kept in the register.

(2) The liability of an offender under sub-article (1) shall be without prejudice to the powers of the Director for Veterinary Services, Director for Animal Welfare or any other officer to suspend or revoke any licence, permit or authorisation issued under this Act or any regulations made thereunder.

(3) Without prejudice to the provisions of sub-article (1), any person found guilty of committing an offence under this Act or any of the regulations made thereunder shall, in addition to the punishments prescribed under the last foregoing sub-article, be ordered by the Court to pay for any expenses incurred for the treatment, relocation or forfeiture of animals from any place in Malta, the revocation of any permits issued for the operation of any activity regulated under this Act and, or the regulations made thereunder and for other reasonable expenses as the Court may deem fit.

(4) The provisions of this Act shall be without prejudice to any criminal proceedings or any other proceedings that may be instituted under other laws.