Cap. 646 Art. 26Offences against this Act.  Cap. 9.  Cap. 9.   Cap. 9. Cap. 9.   Cap. 9. Cap. 9.

(1) Any person who acts in contravention of and, or who conspires or attempts, or aids, abets, counsels or procures any other person to contravene the provisions of articles 12, 14, 15, 16 or 45 or any of the regulations made thereunder shall be guilty of an offence against this Act.

(2) Any person who, in relation to any matter under this Act or any regulations made thereunder:

(a) furnishes any information which that person knows to be false, or recklessly furnishes any information which is false;

(b) with intent to deceive produces, furnishes, sends or otherwise makes use of any document which is false;

(c) wilfully refuses or without lawful reason withholds any material information, proof of which shall be brought by such person;

(d) knowingly or recklessly makes any incorrect statement or entry in any record or return or on any document kept or furnished under this Act or any regulations made thereunder;

(e) unlawfully refuses or fails to answer to the best of his knowledge any question made to him by an officer in the exercise of such officer’s functions, or fails to co-operate fully with an officer in the pursuance of such officer’s duties;

(f) unlawfully refuses or fails to comply with any requirement duly provided under this Act or under any regulations made thereunder; or

(g) hinders an officer in the performance of such officer’s duty under this Act or under any regulations made thereunder, shall be guilty of an offence against this Act.

(3) Any person who commits an offence against this Act or any regulations made thereunder shall, on conviction, be liable to imprisonment for a term of not more than two (2) years, or to a fine (multa) of not less than one thousand euro (€1,000) but not exceeding fifty thousand euro (€50,000) for every offence for which the person has been found guilty, or to both such fine and imprisonment. On a second or subsequent conviction such person shall be liable to a fine (multa) of not less than two thousand euro (€2,000) but not exceeding fifty thousand euro (€50,000) for every offence for which the person has been found guilty, or to imprisonment for a term of not less than one (1) year and not exceeding four (4) years, or to both such fine and imprisonment. The Court may, at the request of the prosecution, cancel or suspend all or any permits issued in terms of or in relation to this Act including by regulations or administrative instruments, or all or any licences or warrants issued to or in the name of the person found guilty in connection with the workplace where the offence was committed:

Provided that the following failures shall not be deemed to constitute an offence against this Act and shall be subject to an administrative penalty:

(a) failure to make the necessary filings with the Authority as required in terms of this Act and any regulations made thereunder;

(b) failure to keep any form of document, register, general register, report and list as required in terms of this Act and any regulations made thereunder;

(c) the omission of a required entry in a register;

(d) failure to carry out a suitable, sufficient and systematic assessment of all health and safety hazards at the workplace and the resultant risks involved; and

(e) failure to appoint workers’ health and safety representative.

(4) Notwithstanding the provisions of article 370 of the

Criminal Code, the Court of Magistrates as a court of criminal judicature shall be competent to try all offences against this Act.

(5) In any proceeding referred to in sub-article (4), it shall be lawful for the Chief Executive and, or any officer delegated by the said Chief Executive, to examine or cross-examine witnesses, submit proof, make submissions in support of the charge and generally conduct the prosecution on behalf of or together with the Executive Police: Provided that the sworn statement of the delegated officer attesting that such officer has been duly delegated for that purpose shall be conclusive proof of such fact.

(6) Notwithstanding the provisions of sub-article (5), the Chief Executive or the duly delegated officer may be produced as witnesses:

Provided that if the prosecution produce them as witnesses, they shall be heard before they commence to act as provided in sub-article (5) unless the necessity of their testimony arises subsequently.

(7) Where the Authority nominates any officer to be present during an inquest in terms of article 546 of the Criminal Code, the presence or any intervention by such officer during such inquest shall not prohibit the said officer from future representation during proceedings or from being summoned as a witness, including in civil cases pertaining to health and safety at work:

Provided that notwithstanding the provisions of the

Criminal Code the Authority shall be given a copy of any investigation or inquiry, including the of any inquest carried out in procès-verbal connection with any breach of this Act.

(8) Notwithstanding the provisions of the Criminal Code, the Attorney General shall have a right of appeal from any judgement given by the Courts of Magistrates in respect of proceedings for any offence against this Act or any regulations made thereunder.

(9) The punishments provided for in this Act shall apply unless the fact constitutes a more serious offence under the Criminal Code or any other law, in which case the provisions of the Criminal Code or such other law shall apply.

(10) Notwithstanding the provisions of the Criminal Code, proceedings for an offence against this Act relating to a breach which is not of an administrative nature may be instituted at any time within six (6) years from the commission of the offence.