Prevention of Money Laundering Act (Cap. 373), article 19

19. (1) The Board shall consist of: (a) the Commissioner of Police or a senior official selected by him to serve as a member of the Board in his stead from amongst the officials recei ving a full-time employment salary with the Malta Police Force; (b) the Commissioner for Revenue or a senior official selected by him to serve as a member of the Board in his stead from amongst the officials recei ving a full-time employment salary with the revenue departments; (c) three (3) members appointed by the Minister in the manner provided in sub-article (2); (d) not more than two (2) other members, as may be requested by the Board, appointed by the Minister in the manner provided in sub-article (3): Provided that the Commissioner of Police and the Commissioner for Revenue shall inform the Minister whether they are to sit on the Board or otherwise who they have selected as a member. (2) The Minister shall appoint the three (3) members referred to in sub-article (1)(c) by selecting one (1) member from each of thr ee (3) panels, and each panel shall have at least three (3) persons, n ominated respectively by the Governor of the Central Bank of Malta, the Chairman of the Malta Financial Services Authority, and the Chairperson of the Malta Gaming Authority from amongst the offi cials receiving a full-time employment salary with their respective a uthority or entity. (3) The Minister shall appoint each additional member as may be requested by the Board in pursuance of the provisions of sub - article (1)( d) from a panel of not less than three persons nominated by the authority to be indicated by the Board from amongst the officials receiving a full-time employment salary of the respec tive authority or entity with respect to each additional member. (4) A member of the Board selected in terms of paragraph (a) or paragraph (b) of sub-article (1) or appointed under sub-article s (2) or (3) shall hold his office for a period of five (5) years and ma y, on the expiration of his term of his off ice, be selected or appointed again to the Board, and all members of the Board shall receive such remuneration as the Minister ma y, from time to time, determine. (5) The members of the Board shall discharge their duties in their own individual judgement and shall not be subject to the direction or control of any other person or authority. (6) A person shall not be qualified to be appointed, selected, o r to hold office as a memb er of the Board if he: 24 CAP. 373.] PREVENTION OF MONEY LAUNDERING (a) is legally incapacitated; or (b) has been declared bankrupt or has made a composition or scheme of arrangement with his creditors; or Cap. 101. Cap. 31. (c) has been convicted of an off ence against this Act or of an offence listed in the First Schedule or in the Second Schedule or of an offence of money laundering against the provisions of the Dangerous Drugs Ordinance or of the Medical and Kindred Professions Ordinance ; or (d) is required to be an officer receiving a full-time employment salary with a specific authority or entity, and he does not or no longer meet s the said requirement; or (e) is a salaried official of or is otherwise employed with or in the service of a subject person or is in any other manner professionally connected to a subject person. (7) A member of the Board may be relieved of office by the Minister, after consultation with the official by whom the memb er was recommended, on the ground of inability to perform the functions of his office, whether due to infirmity of mind or of body, or to any other cause, or of misbehaviour; and, for the purpose s of this sub-article, repeated unjustified non-attendance of Board meetings may be deemed to amount to misbehaviour: Provided that a member selected in terms of paragraph (a) or (b) of sub-article (1) may only be relieved of his office by th e Commissioner of Police or the Commissioner for Revenue, as may be applicable, on the grounds that such member is no longer able t o perform the functions of his office as set out in this sub-arti cle, and the Minister shall be informed of any such removal. (8) A member of the Board may also resign from office by letter addressed to the Minister or, where he has been selected in ter ms of paragraph ( a) or ( b) of sub-article (1), by letter addressed to the Commissioner of Police or the Commissioner for Revenue, as may be applicable, and the Minister. (9) Where any vacancy occurs in the comp osition of the members of the Board for any reason other than the lapse of the term of office, that vacancy shall, for the remainder of the te rm of office which has beco me vacant, be filled: (a) by another member select ed by the Commissioner of Police or the Commissioner for Revenue, or themselves, as may be applicable, where the vacancy relates to a member se lected in accordance with paragraph (a) or (b) of sub-article (1); or (b) by another member appointed by the Minister from among a panel of not less than three (3) persons nominated by the official who nominated the panel from among whom the member who vacated office had been appointed in accordance with paragraph (c) or (d) of sub- article (1), with the nominations being selected from amongst the officials receiving a full-time employment salary with the respective authority or entity. PREVENTION OF MONEY LAUNDERING [CAP. 373. 25 Cap. 517. (10) For the purposes of this article "revenue departments" sh all have the same meaning attributed to it under the Commissioner for Revenue Act . Chairman and Deputy Chairman of the Board. Added by: XXXI. 2001.4.