Cap. 538 Art. 16Incorrect, fraudulent or misleading information.

(1) Any person who, for the purpose of obtaining a warrant or registering a society of counsellors according to the provisions of this

Act, knowingly gives incorrect or in any other manner acts in a misleading or fraudulent manner shall be guilty of an offence, and on conviction, shall be liable to a fine (multa) of not more than two thousand and five hundred euro (€2,500) or to imprisonment of not more than twelve months or to both such fine and imprisonment.

(2) Any person who is found guilty of any other offence referred to under this Act shall, on conviction, be liable to a fine (multa) of not less than one thousand and five hundred euro (€1,500) and not more than five thousand euro (€5,000), or to imprisonment of not more than three months, or to both such fine and imprisonment, and in the case of a continuous offence, to a fine (multa) of fifteen euro (€15) for each day during which the offence continues.

(3) Any person who, not being a holder of a warrant issued under this Act -

(a) practises the counselling profession; or

(b) makes use of any professional title of counsellor or the designatory letters; or

(c) purports to be a counsellor; or

(d) performs the work of a counsellor, shall be guilty of an offence under this Act.

(4) Any person who makes use of the word "Counsellors" in relation to a society of counsellors, where such society is not registered according to the provisions of this Act, or in any other manner deceitfully or fraudulently makes use of a name which implies the existence of a society of counsellors, shall be guilty of an offence under this Act.

(5) For the purposes of sub-articles (3) and (4), the use on any card, letterhead, sign, board, plate, advertisement or other written, printed or engraved device, instrument or document, or by electronic means, of the words "Counsellor" or "Registered Counsellor" in relation to a name, or "Society of Counsellors" or "Counsellors" in relation to a society of counsellors that is not registered, may constitute sufficient evidence of the knowledge of such use by any person in relation to whose name or society the said words are used, unless such person proves that he was unaware and could not with reasonable diligence be aware of such an act and that he did everything within his power to prevent the continuation of such act.

(6) For the purposes of this article, a person shall not be deemed to be in contravention of the provisions of this Act if such person is practising counselling work during an adaptation period or when in training, in any case under the appropriate supervision of a registered supervisor and subject to such regulations as may be prescribed.

(7) Without prejudice to sub-article (6), no person or organisation shall employ any person other than a registered counsellor for the purpose of exercising the counselling profession.

(8) The provisions of this Act establishing offences shall be without prejudice to the provisions of any other law establishing offences and punishments in respect of the same acts or omissions and shall not, in particular, affect the application of any higher punishment under any other law.