S.L. 549.38 Art. 8Offences. Penalties.

(1) Any person who shall -

(a) import into or export or re-export from the Community specimens without the appropriate permit or certificate or with a false, falsified or invalid permit or certificate or one altered without authorization by the issuing authority; or

(b) fail to comply with the stipulations specified on a permit or certificate used in accordance with the Principal Regulation; or

(c) make false declarations or knowingly provide false information in order to obtain a permit or certificate; or

(d) use a false, falsified or invalid permit or certificate or one altered without authorization as a basis for obtaining a Community permit or certificate or for any other official purpose in connection with the Principal Regulation; or

(e) make no import notification or a false import notification; or

(f) ship live specimens not properly prepared so as to minimize the risk of injury, damage to health or cruel treatment; or

(g) use specimens of species listed in Annex A of the Principal Regulation other than in accordance with the authorization given at the time of issuance of the import permit or subsequently; or

(h) trade in artificially propagated plants contrary to the provisions laid down in accordance with Article 7(1)(b) of the Principal Regulation; or

(i) ship specimens into or out of or in transit through the territory of the Community without the appropriate permit or certificate issued in accordance with the Principal Regulation and, in the case of export or re-export from a third country party to the Convention, not in accordance therewith or without satisfactory proof of the existence of such permit or certificate; or

(j) purchase, offer to purchase, acquire for commercial purposes, use for commercial gain, display to the public for commercial purposes, sale, keep for sale, offer for sale or transport for sale of specimens in contravention of Article 8 of the Principal Regulation; or

(k) make use of a permit or certificate for any specimen other than one for which it was issued; or

(l) falsify or alter any permit or certificate issued in accordance with the Principal Regulation; or

(m) fail to disclose rejection of an application for a Community, import, export or re-export permit or certificate in accordance with Article 6(3) of the Principal Regulation; or

(n) fail to apply in writing to the Management Authority in accordance with regulation 5 of these regulations; or

(o) import, export, re-export in or possess any specimen of any species in contravention of regulation 6; or

(p) fail to retain in his possession any permits, certificates and licences in accordance with regulation 7, shall be guilty of an offence against these regulations.

(2) Any person who commits an offence against these regulations shall, on conviction be liable to a fine (multa) of not less than four hundred and sixty-five euro and eighty-seven cents (€465.87) but not exceeding four thousand and six hundred and fifty-eight euro and seventy-five cents (€4,658.75) or to imprisonment for a period of not less than one month but not exceeding two years, or to both such fine (multa) or imprisonment.

(3) The provisions of article 28A of the Criminal Code and the provisions of the Probation Act shall not be applicable in respect of any offence against the provisions of these regulations.

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

(5) Notwithstanding the provisions of article 370 of the Criminal Code, the Court of Magistrates (Malta) and the Court of Magistrates (Gozo), as the case may be, shall be competent to try all offences against these regulations, and proceedings shall be taken before the said courts and shall be in accordance with the provisions of the said Code regulating the procedure before such courts as Courts of Criminal Judicature.

(6) Notwithstanding the provision of the Criminal Code, the Attorney General shall always have a right of appeal to the Court of Criminal Appeal from any judgement given by the Courts of Magistrates (Malta) or the Court of Magistrates (Gozo), in respect of proceedings arising out of the provisions of these regulations.

(7) The court may give such orders it deems appropriate, concerning the keeping, re-export or suppression of any specimen, including interim measures during the pendency of any proceedings, in conformity with the provisions of the Convention and the Principal Regulation, and it may also order that the expenses of such keeping, re-export or suppression be borne by the person found guilty of an offence under these regulations.