Cap. 621 · Proceeds Of Crime Act (Cap. 621)
Cap. 621 Art. 7Board of the Bureau. Cap. 446.
PART II
(1) The Board of the Bureau shall consist of a
Chairperson appointed by the Cabinet of Ministers, after consultation with the Leader of the Opposition, from among persons who have held the office of Judge or Magistrate, or who have held senior positions in the public service of Malta, and four (4) other members as follows:
(a) the Commissioner of Police or his representative;
(b) the Commissioner for Revenue or his representative;
(c) the Chief Executive Officer of the Court Services Agency or his representative;
(d) the Director of the Financial Intelligence Analysis Unit or his representative.
(2) One of the members of the Board of the Bureau shall be appointed by the Minister as Deputy Chairperson. The Deputy Chairperson shall have all the powers and perform all duties of the Chairperson during the absence of the Chairperson or during any period where the Chairperson cannot perform his function for any other cause, or during any vacancy in the office of the Chairperson.
(3) The Board may act notwithstanding any vacancy in its composition or during the absence of any of its members as long as the Chairperson or the Deputy Chairperson and any two (2) other members are present.
(4) A person shall not be qualified to be appointed, or to continue to hold office, as a member of the Board if he is:
(a) interdicted or incapacitated;
(b) has been declared bankrupt; or
(c) has been found guilty of an offence in Malta or abroad other than:
(i) an offence of an involuntary nature; or
(ii) an offence liable to the punishment established for contraventions.
(5) For the purpose of paragraph (c) of sub-article (4) of this article a person who has been found guilty of an offence as specified in that paragraph shall still be disqualified to hold office notwithstanding that any punishment awarded has been suspended or such person has been conditionally released or put under probation without the infliction of any penalty or such person has been sentenced according to the Probation Act without the infliction of any penalty.
(6) The Chairperson and the Deputy Chairperson shall be appointed for a term of five (5) years and may be reappointed.
(7) Where a member of the Board holds office as the representative of another person as provided in paragraphs (a) to (d) of sub-article (1), such member shall be so appointed for a period of five
(5) years but may be reappointed.
(8) The Chairperson, the Deputy Chairperson and the other members of the Board, including such other members as are mentioned in sub-article (7) hereof shall discharge their duties in accordance with their own individual judgement and shall not be subject to the direction or control of any other person or authority.
(9) The members of the Board shall receive such remuneration as the Minister may determine upon their appointment.
(10) A member of the Board may not be removed from office, except by the President acting on the advice of the Cabinet of Ministers on grounds or inability to perform his function (whether arising from infirmity of body or mind or any other cause) or proved misbehaviour.
(11) The Minister shall appoint a person being an advocate or a legal procurator to act as Secretary to the Board.
(12) The minutes, discussions, deliberations and decisions of the Board shall be treated as confidential and shall not be disclosed except:
(a) when authorised to do so under any of the provisions of this Act;
(b) for the purpose of the performance of duties or the exercise of functions under this Act; and
(c) to any competent entity, court or tribunal.