S.L. 549.119 Art. 8Offences and penalties. Cap. 9.

(1) Any person:

(a) who fails to observe the provisions of these regulations or the IAS Regulation; or

(b) who infringes any restriction, prohibition or need imposed by these regulations or the IAS Regulation; or

(c) who fails to observe any condition of a permit or consent granted under the provisions of these regulations or the IAS Regulation; or

(d) who acts in contravention of any provision of these regulations or the IAS Regulation; or

(e) who makes a statement or presents information or documentation, which such person knows to be false for the purpose of obtaining the approval of a permit or derogation in line with the provisions of Regulation 5; or

(f) who conspires or attempts to conspire, aids or attempts to aid, abets or attempts to abet, counsel or attempts to counsel, procures or attempts to procure any other person to contravene the provisions of these regulations or the IAS Regulation, or to fail from complying with any one of these provisions, or to infringe any restriction, prohibition or need imposed by these regulation or the IAS Regulation or by virtue thereof, shall be guilty of an offence against these regulations.

(2) Any person who commits, or attempts to commit an offence against these Regulations or the IAS Regulation shall on conviction be liable:

(a) in the case of the first offence, a fine (multa) of not less than five hundred euro (€500) for each specimen, but not exceeding two thousand five hundred euro (€2,500) per specimen;

(b) in the case of a second or subsequent offences, a fine (multa) of not less than one thousand five hundred euro (€1,500) per specimen, but not exceeding five thousand euro (€5,000) for each specimen, or imprisonment for a period not exceeding two years, or both such fine and imprisonment.

(3) The Court shall order the offender to remove the causes of the offence, remedy the damage caused and undo anything which was done without a permit within a time sufficient for the purpose, but in any case not exceeding three months from the date of judgement, to be fixed by the Court; and, if the offender fails to comply with any such order within the time so fixed, he shall be liable to a fine (multa) of not less than seventy euro (€70) and not more than one hundred and twenty-five euro (€125), as the Court may fix, for every day that the default continues after the expiration of the said time.

(4) Any person who has been found guilty of committing an offence against these regulations or the IAS Regulation shall also pay for the expenses incurred for the keeping and transport of the concerned specimen, for remedying the damage caused by the said infringement, and for any other expense incurred or mitigation measures required to remedy such doings, damage and infringement.

(5) The provisions of articles 23 and 30(1) of the Criminal Code shall, mutatis mutandis, apply to proceedings in respect of offences against these regulations or the IAS Regulation, so however the disqualification from holding or obtaining a permit or authority shall in no case be for less than one year.