Consumer Affairs Act (Cap. 378)
Consumer Affairs Act (Cap. 378), article 103
103. (1)For the purpose of discharging his functions under this
Act, without prejudice to the provisions of the Professional Se crecy
Act, and to the provisions of article 104 (2) of this Act, the Director
General may:
(a) enter and search any premises, land or means of
transport that the trader concerned by the inspection
uses for purposes related to his trade, business, craft or
profession, or to request other public authorities to do
so, in order to examine, seize, take or obtain copies of
information, data or documents, irrespective of their
storage medium:
Provided that the power to enter and search premises
used exclusively as a place of residence shall only be
exercised when duly authoris ed by a warrant issued by
a Magistrate;
(b) make any inspection, conduct any test and on paying
or making tender therefor, take any goods;
(c) seize any books, records, information, data or
documents however kept or stored for a necessary
period and to the extent n ecessary for the inspection;
(d) request any representative or member of the staff of
the trader concerned by the inspection to give
explanations of facts, books, records, information, data
or documents relating to the subject matter of the
inspection and to record the answers;
(e) purchase goods or services as test purchases, where
necessary, under a cover identity, in order to detect
infringements covered by this Act and to obtain
evidence, including the power to inspect, observe,
study, disassemble or test goods or services:
Provided that the Director General shall give to
the person from whom anything has been taken, a
receipt for what has been taken:
Provided further that no entry and search shall be
effected between seven in th e evening and seven in the
morning, unless the Direct or General has reason to
believe that delay could cause the loss of necessary
information, and in such cir cumstances, the entry and
68 CAP. 378.] CONSUMER AFF AIRS
search shall only be exercised when duly authorised by
a warrant issued b y a Magistrate.
Cap. 9.
(2) Nothing in this Part shall be deemed to detract from the
powers of the Police under the Criminal Code or any other law.
(3) In the course of any entry and search under this Part, the
Director General may request the assistance of the Police.
Obtaining
information.
Added by:
XXVI. 2000.15.
Amended by:
VI. 2011.75.
Substituted by:
XLIV .2021.16.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.