Consumer Affairs Act (Cap. 378)

Consumer Affairs Act (Cap. 378), article 103

Official PDF on legislation.mt

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.

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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.