S.L. 117.43 Art. 25Penalties.    Cap. 9.

(1) Any person who contravenes or fails to comply with any of the provisions of these regulations shall be guilty of an offence and shall be liable:

(a) on a first conviction, to a fine (multa) of not less than five hundred euro (€500) but not exceeding one thousand and two hundred euro (€1,200);

(b) on a second or subsequent conviction, to a fine (multa) of not less than one thousand and two hundred euro (€1,200) but not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (€2,329.37) or a fine (multa) calculated on the profit made by the offender in connection with the transaction in contravention to these regulations, whichever is the higher:

Provided that when the fine (multa) is so calculated, it may not exceed five times the profit made by the offender.

(2) In addition to the penalties laid down in sub-regulation (1), the court shall on the demand of the prosecution, order:

(a) the suspension of the offender’s permit, pass, or licence, for a period of not less than one (1) month but not exceeding six (6) months, or the cancellation of any licence held by the offender and relating to any trade or business to which the offence relates, and shall order that any such cancelled licence may not be re-issued in respect of the convicted offender;

(b) the forfeiture of the articles to which the offence relates, and such articles shall be forfeited to the Government;

(c) the offender to a sentence of imprisonment for a term of not less than thirty (30) days but not exceeding two (2) years.

(3) Offences against these regulations shall be deemed to be a contraventions but proceedings in respect thereof may be commenced at any time within one (1) year of the commission of the offence.

(4) The suspension of any licence ordered by the Court shall have effect as from such date within twelve (12) days from the judgment as the Director may specify in writing to the Registrar of Courts or orally during the proceedings:

Provided that in the case of an appeal against the judgment of the Court of first instance, where the Court of Appeal orders or confirms the suspension of a licence, such suspension shall have effect as from such date as the Court of Appeal may determine.

(5) Proceedings in respect of an offence against these regulations shall be taken before the Courts of Magistrates (Malta) or the Court of Magistrates (Gozo), and the provisions of the Criminal Code relating to criminal proceedings before such court shall, subject to the preceding sub-regulations of this regulation, apply in respect of proceedings for offences against these regulations.