S.L. 628.1 Art. 63Enforcement measures. 

(1) The Authority may exercise any enforcement measure or measures listed in sub-regulation (2) hereunder, solely following the conclusion of a compliance review, a formal investigation by the Authority and, or an inspection:

Provided that the Authority may, in exceptional circumstances and in the interest of the members of the associations or on grounds of public policy, public security or the safeguarding of the reputation of Malta, exercise any enforcement measures which it deems appropriate at any time or it deems necessary including prior to or during the performance of the review, investigation, inspection or following the conclusion thereof but prior to the lapse of the time within which the association may contest the findings.

(2) The enforcement measures which the Authority may take are the following: ORGANISATIONS)

(a) an order, directing the association to do or refrain from doing any act or to rectify any irregularity in its conduct or operations with the aim of ensuring compliance with the Act, these regulations and any regulatory or binding instrument;

(b) a warning to the association indicating that the Authority may revoke or suspend the permit or approval unless appropriate action as outlined in the warning is taken by the association:

Provided that notwithstanding the above and any other provision in any regulatory instrument or any other law, the Authority shall have the right to immediately suspend or revoke a permit or approval and without giving a warning to the association, in terms of regulations 64 and 65;

(c) the filing of a report to the Executive Police for the commencement of criminal proceedings, in the case where the Authority has reasonable grounds to suspect that any person involved within the association or who renders a service to the association is in the process of committing or has committed an offence against the Act, these regulations or any other law, and, or;

(d) suspending or revoking a permit or any approval in terms of regulations 64 or 65, as the case may be:

Provided that the enforcement sanctions mentioned in this sub-regulation shall not be made public unless the Authority determines that this is in the public interest or if the Authority is obliged to make such sanction public in terms of any other law:

Provided further that any measure mentioned in paragraph (d) shall be made public;

(e) provisionally take custody and seal cannabis held by an association at its premises or provide for its safekeeping at a secure storage location elsewhere.

(3) Without prejudice to the foregoing, the Authority shall also be empowered to keep and publish a list of associations which are not compliant with the applicable laws and, or regulatory instruments:

Provided that any association included on such list shall be given the opportunity to make submissions to the Authority, clarifying and, or addressing its lack of compliance, in order for the Authority to remove such association from the list.