S.L. 499.56 Art. 9Good repute.

(1) A person shall not be deemed to satisfy the condition of good repute and conduct:

(a) if he has been found guilty of committing any crime contemplated in -

(i) Title I of Part II of Book First of the Criminal

Code or articles 198, 199, 203, 203A, 204, 204A, 204B, 204C, 205, 211, 212, 217 (in the event that a fire-arm was used for the commission of the offence), 220, 238(a), 248B, 248C, 248D of the Criminal Code;

(ii) articles 2, 3, 5, 7, 8, 9 and 10 of the White Slave

Traffic (Suppression) Ordinance;

(iii) articles 40A, 40B, 120A and 120B of the Medical and Kindred Professions Ordinance.

(iv) articles 4, 5, 6(a), 7, 8(b), 8(c), 8(e), 11, 13(2), 14(3), 15, 15A, 16, 17, 18, 22(1)(b), (c), (d), (e),

(f), 22(1C), 22(1D)(a), 22(1E) and 22(3BA)(5) of the Dangerous Drugs Ordinance; and

(v) articles 37, 38, 44, 50 and 61 of the Malta

Armed Forces Act;

(b) for such period during which he is serving a sentence of imprisonment of at least one month;

(c) for such period immediately following time spent serving a sentence of imprisonment for a term or terms of at least one month imposed on such person for a crime or crimes connected with violence committed on a person, which period shall be:

(i) of three months for sentences of imprisonment for a term of at least six months and not more than two years;

(ii) equal to one-fourth of the term of imprisonment for which such person was sentenced for sentences for terms of imprisonment of more than two years:

Provided further that where the applicant was less than eighteen years of age at the time of the commission of the offence the period referred to in paragraph (c), shall not be longer than two years.

(d) if he has been found guilty of committing any corresponding offence under any law of a country or territory outside Malta:

(2) For the purposes of determining whether a person is of good repute and conduct in terms of sub-regulation (1), the term "sentence" shall not include:

(a) a probation order issued in terms of article 7 of the Probation Act or article 5 of the Probation of Offenders Act and which has been complied with by the probationer or an absolute or conditional discharge issued under article 22 of the Probation Act or article 9 of the Probation of Offenders Act which has been complied with; or

(b) a sentence for the commission of an offence for which the offender has been pardoned by the President of Malta in terms of article 93(1) of the Constitution of Malta; provided that this paragraph shall only apply from the date on which the President of Malta has granted such pardon; or

(c) a sentence which is at the moment of application under appeal;

(d) with the exception of the offences referred to in sub-paragraphs (i) and (ii) of paragraph (a) of sub-regulation (1), a sentence for the commission of an offence which:

(i) was committed before the 19th May 2009; and

(ii) was committed by a person who had a valid driver’s tag issued to him by the Authority before the 19th May 2009.

(e) sentence for the commission of an offence of possession for exclusive personal use mentioned in sub-paragraphs (iii) and (iv) of sub-regulation (1)(a), which sentence was delivered at least three years before the date of new application or renewal of tag, where the applicant has rehabilitated oneself by means of a rehabilitation program and applicant shall have no other sentence in these three years.

(3) An operator shall inform the Authority in writing of any conviction against him for any offence contemplated in sub-regulation (1)(a) or against any of the persons mentioned in regulation 6(4), as applicable, within twenty-one days from that conviction or, when an appeal is entered, within twenty days from when such appeal is decided.

(4) A person who contravenes sub-regulation (3) shall be guilty of an offence.