MALTA COMMUNICATIONS AUTHORITY _g CAP. 418.  1
CHAPTER 418
MALTA COMMUNICATIONS AUTHORITY ACT
To provide for the establishment of an Authority to be known as the
Malta Communications Authority and for the exercise by or on behalf of
that Authority of regulatory functions regarding telecommunications, data
protection, electronic commerce and similar areas in the field of
communications and to make provision with respect to matters ancillary
thereto or connected therewith.
1st August, 2000
ACT XVIII of 2000.
PART I 
PRELIMINARY
Title.
Authority Act. 
Interpretation.
"advisory committee" or "committee" means an advisory
committee established in accordance with article 28 of this Act; 
"Authority” means the Malta Communications Authority
established by article 3 of this Act; 
"Chairman" means Chairman of the Authority and includes, in
the circumstances mentioned in article 3(3) of this Act, the Deputy
Chairman or other person appointed to act as Chairman: 
Provided that, in relation to article 28 of this Act,
"Chairman" means the Chairman of an advisory committee; 
"Chief Executive" means the Chief Executive appointed under
article 5 of this Act; 
"communications" includes telecommunications, postal services,
data protection, electronic commerce, internet services, and such
other matters as the Minister may by Order from time to time
prescribe; 
"contractor" means a person acting in pursuance of an agreement
entered into with the Authority or in accordance with article 5(5) of
this Act; 
"Directorates" means such directorates as are or may be
established under article 5 of this Act; 
"employee" means a person employed by the Authority; 
"financial year" means any period of twelve months ending on
the 30th September: 
Provided that the first financial year of the Authority shall
begin on the coming into force of this Act and shall end on the 30th
September of the next following year; 
"Minister" means the Minister responsible for communications;
"public officer" in relation to article 11 of this Act, has the same
meaning assigned to it by article 124 of the Constitution but does
2 _g CAP. 418. MALTA COMMUNICATIONS AUTHORITY
not include a judge of the Superior Courts or a magistrate of the
Inferior Courts.
PART II 
ESTABLISHMENT, FUNCTIONS AND CONDUCT OF 
AFFAIRS OF THE AUTHORITY
Establishment and 
composition of the 
Malta 
Communications 
Authority.
3. (1) There shall be a body, to be known as the Malta
Communications Authority, which shall consist of a Chairman and
not less than four and not more than six other members. 
(2) The members of the Authority shall be appointed by the
Minister for a term of one year or for such longer period as may be
specified in the instrument of appointment subject to a maximum of
three years but the members so appointed may be re-appointed on
the expiration of their term of office. 
(3) The Minister may designate one of the other members of
the Authority as Deputy Chairman and the member so designated
shall have all the powers and perform all the functions of the
Chairman during his absence or inability to act as Chairman or
while the Chairman is on vacation or during any vacancy in the
office of chairman, and the Minister may also, in any of the
circumstances aforesaid, appoint another person to act as chairman
and in such case the foregoing provisions shall apply in respect of
such person. 
(4) A person shall not be qualified to hold office as a member
of the Authority if he -
( a ) is a Minister, Parliamentary Secretary or a member of
the House of Representatives; or 
( b ) is a judge or magistrate of the courts of justice;
( c ) has a financial or other interest in any enterprise or
activity which is likely to affect the discharge of his
functions as a member of the Authority: 
Provided that the Minister may waive the
disqualification of a person under this paragraph if
such person declares the interest and such declaration
and waiver are published in the Gazette. 
(5) Subject to the provisions of this article, the office of a
member of the Authority shall become vacant -
( a ) at the expiration of his term of office; or 
( b ) if any circumstances arise that, if he were not a
member of the Authority, would cause him to be
disqualified for appointment as such. 
(6) A member of the Authority may be removed from office by
the Minister if, in the opinion of the Minister, such member is unfit
to continue in office or has become incapable of properly
performing his duties as a member. 
(7) If a member resigns or if the office of a member of the
Authority is otherwise vacant or if a member is for any reason
unable to perform the functions of his office, the Minister may
appoint a person who is qualified to be appointed to be a member to
MALTA COMMUNICATIONS AUTHORITY _g CAP. 418.  3
be a temporary member of the Authority; and any person so
appointed shall, subject to the provisions of subarticle (5) and (6)
of this article, cease to be such a member when a person has been
appointed to fill the vacancy or, as the case may be, when the
member who was unable to perform the functions of his office
resumes those functions. 
(8) Any member of the Authority who has any direct or indirect
interest in any contract made or proposed to be made by the
Authority, not being an interest which disqualifies such member
from remaining a member, shall disclose the nature of his interest
at the first meeting of the Authority after the relevant facts have
come to his knowledge, such disclosure shall then be recorded in
the minutes of the Authority, and the member having an interest as
aforesaid shall withdraw from any meetings at which such contract
is discussed. Any such disclosure shall be communicated to the
Minister without delay. Where the interest of the member is such as
to disqualify him from remaining a member, he shall report the fact
immediately to the Minister and tender his resignation.
Scope and 
functions of the 
Authority.
4. (1)  It shall be a purpose of the Authority to -
( a ) ensure freedom of communication and that
communications shall not be limited except when this
is necessary for any of the following reasons: 
(i) the protection of the right to privacy; 
(ii) the defence of national security, territorial
integrity or public safety; 
(iii) the prevention of disorder or crime; 
(iv) the protection of public health; 
(v) the protection of morals and respect for the
dignity of the human person; 
(vi) the protection of the rights and freedoms of
others;
(vii) the prevention of the disclosure of information
received in confidence; 
(viii) the maintenance of the authority and impartiality
of the judiciary; 
(ix) the technical constraints inherent in the means of
communication; 
( b ) ensure non-discrimination and equality of treatment in
matters related to communications. 
(2) It shall in particular be the duty of the Authority to exercise
such regulatory functions in the field of communications, as may
from time to time be assigned to the Authority by or under an Act
of Parliament. 
(3) The Authority shall also -
( a ) regulate, monitor and keep under review all practices,
operations and activities relating to any matter
regulated by or under this Act; 
( b ) grant any licence, permit or other authorisation, for the
4 _g CAP. 418. MALTA COMMUNICATIONS AUTHORITY
carrying out of any operation or activity relating to any
matter regulated by or under this Act; 
( c ) regulate and secure interconnectivity for the
production, transmission and distribution of the
services, products, operations or activities relating to
any matter regulated by or under this Act; 
( d ) ensure fair competition in all such services, products,
operations and activities; 
( e ) establish minimum quality and security standards for
any of the said services, products, operations and
activities and to regulate such measures as may be
necessary to ensure public and private safety; 
( f ) secure and regulate the development and maintenance
of efficient communication systems in order to satisfy,
as economically as possible, all reasonable demands
for the provision of the services, products, operations
or activities relating to any matter regulated by or
under this Act; 
( g ) carry out studies, research or investigation relating to
any matter regulated by or under this Act; 
( h ) provide information and issue guidelines to the public
and to commercial entities relating to any matter
regulated by or under this Act; 
( i ) regulate the price structure for any activity regulated
by or under this Act and where appropriate to establish
the mechanisms whereby the price to be charged for
the services, products, operations or activities is
determined; 
( j ) establish the minimum qualifications to be possessed
by any person who is engaged or employed in any
activity regulated by or under this Act; 
( k ) establish measures for the protection of the
environment in the provision of the services, products,
operations or activities relating to any matter regulated
by or under this Act; 
( l ) ensure that international obligations entered into by
Malta relative to matters regulated by or under this Act
are complied with; 
( m ) advise the Minister on the formulation of policy in
relation to matters regulated by or under this Act, and
in particular in relation to such international
obligations; 
( n ) otherwise to advise the Minister on any matter
connected with its functions under this or any other
Act; 
( o ) formulate and implement the policies and strategies
with short-term and long-term objectives in relation to
the matters connected with its functions under this or
any other Act; 
MALTA COMMUNICATIONS AUTHORITY _g CAP. 418.  5
( p ) encourage the provision of communications services in
Malta and enable persons providing communications
services in Malta to compete effectively in the
provision of such services outside Malta; 
( q ) encourage users of communications services to
establish places of business in Malta; 
( r ) perform such other functions as may from time to time
be assigned to it by the Minister. 
Conduct of the 
affairs of the 
Authority.
  5. (1) Subject to the other provisions of this Act the affairs
and business of the Authority shall be the responsibility of the
Authority itself but save as aforesaid, the executive conduct of the
Authority, its administration and organisation and the
administrative control of its officers and employees, shall be the
responsibility of the Chief Executive of the Authority, who shall
also have such other powers as may from time to time be delegated
to him by the Authority. 
(2) There shall be established the Directorates as listed in the
Schedule to this Act, which shall have the responsibilities as
described therein. The Minister may, after consulting the
Authority, by Order in the Gazette, abolish any one or more of the
said Directorates vary their responsibilities and establish such other
Directorate as he may from time to time deem appropriate. 
(3) The Authority shall exercise its functions through the
Directorates so established and for such purpose it shall vest in
each of the Directorates so established and subject to the overall
supervision and control of the Chief Executive, such of its
functions as relate or are ancillary to the matters for which it is
responsible so as to enable the said Directorate to give effect to the
policies of the Authority and to otherwise discharge effectively and
efficiently the functions of the Authority in its respective area of
operation. 
(4) Each of the Directorates so established shall be headed by
a person who shall either be a public officer detailed for duty with
the Authority or an employee of the Authority or a person detailed
to work for the Authority in accordance with an agreement made
between the Authority and a public or private undertaking, in either
case having adequate experience or knowledge in his respective
area of operation. 
(5) The Authority and each of the Directorates may exercise
any one or more of their functions either directly or through any of
their officers or employees or through an agency authorised for the
purpose, or through a contractor or other person with whom an
agreement for the performance of any one or more of such
functions has been entered into:
Provided that nothing in this subarticle shall authorise the
Authority to contract out any of its regulatory or licensing
functions.
(6) Where in this Act anything is to be done by or against or
with respect to the Authority, or any notice is to be or may be given
to the Authority, any such thing or notice may also be done by or
6 _g CAP. 418. MALTA COMMUNICATIONS AUTHORITY
against or with respect to or be given to the Directorate under
whose jurisdiction the matter falls by reason of a delegation of
function to such Directorate; and for the purposes aforesaid any
reference in this Act to the Authority includes a reference to the
appropriate Directorate. 
(7) The Chief Executive and the heads of the Directorates shall
be appointed by the Authority after consultation with the Minister
for a period of three years which may be extended for further
periods of three years each:
Provided that the first Chief Executive and the first head of
each Directorate shall be appointed by the Minister.
(8) * The Chief Executive shall attend all the meetings of the
Board but shall not vote at such meetings: 
Provided that the Authority may if it so deems fit require
the Chief Executive not to attend any of the meetings or any part of
a meeting. 
(9) The Chief Executive shall be responsible for the
implementation of the objectives of the Authority in the exercise of
its functions and without prejudice to the generality of the
foregoing he shall -
( a ) assume full responsibility for the overall supervision
and control of the Directorates; 
( b ) assign to each Directorate such duties which are by, or
in accordance with, the provisions of this Act vested in
such Directorate; 
( c ) co-ordinate the workings of the Directorates; 
( d ) develop the necessary strategies for the
implementation of the objectives of the Authority; 
( e ) advise the Authority on any matter it may refer to him
or on any matter which he considers necessary or
expedient; and 
( f ) perform such other duties as the Authority may assign
to him from time to time. 
Relations between 
the Minister and 
the Authority.
6. (1) The Minister may in relation to matters that appear to
him to affect the public interest, from time to time give to the
Authority directions in writing of a general character, not
inconsistent with the provisions of this Act, on the policy to be
followed in the carrying out of the functions vested in the Authority
by or under this Act, and the Authority shall, as soon as may be,
give effect to all such directions. 
(2) The Authority shall afford to the Minister facilities for
obtaining information with respect to its property and activities and
furnish him with returns, accounts and other information with
respect thereto, and afford to him facilities for the verification of
information furnished, in such manner and at such times as he may
reasonably require. 
*This subarticle is not yet in force.
MALTA COMMUNICATIONS AUTHORITY _g CAP. 418.  7
(3) If the Authority fails to comply with any directions issued
under this article, the Prime Minister may make an order
transferring to the Minister in whole or in part any of the functions
of the Authority
Legal personality 
and representation 
of the Authority.
7. (1) The Authority shall be a body corporate having a
distinct legal personality and shall be capable, subject to the
provisions of this Act, of entering into contracts, of acquiring,
holding and disposing of any kind of property for the purposes of
its functions, or suing and being sued, and of doing all such things
and entering into all such transactions as are incidental or
conducive to the exercise or performance of its functions under this
Act, including the lending or borrowing of money. 
(2) The legal representation of the Authority shall jointly vest
in the Chairman and the Chief Executive: 
Provided that the Authority may appoint any one or more
of its members or of the officers or employees of the Authority to
appear in the name and on behalf of the Authority in any judicial
proceedings and in any act, contract, instrument or other document
whatsoever: 
Provided further that in respect of any matter falling within
the functions vested in a Directorate, the legal and judicial
representation of the Authority shall also vest in the head of the
Directorate or in such other member, officer or employee of the
Authority, as the Authority may appoint or authorise for the
purpose. 
(3) Any document purporting to be an instrument made or
issued by the Authority and signed by the Chairman or by the Chief
Executive or by a head of a Directorate in relation to any matter
vested in the relative Directorate by the Authority shall be received
in evidence and shall, until the contrary is proved, be deemed to be
an instrument made or issued by the Authority. 
Provisions with 
respect to 
proceedings of the 
Authority.
8. (1) The meetings of the Authority shall be called by the
Chairman as often as may be necessary but at least once a month
either on his own initiative or at the request of any two of the other
members. 
(2) Half the number of members for the time being
constituting the Authority shall form a quorum. Decisions shall be
adopted by a simple majority of the votes of the members present
and voting. The Chairman, or in his absence the Deputy Chairman
or other person appointed to act as chairman, shall have an initial
vote and in the event of an equality of votes, a casting vote.
Without prejudice to the other requirements of this Act, no decision
shall be valid which is not supported by at least two members of the
Authority. 
(3) Subject to the provisions of this Act the Authority may
regulate its own procedure. 
(4)  Subject to the foregoing provisions of this article, no act
or proceeding of the Authority shall be invalidated merely be
reason of the existence of any vacancy among the members. 
8 _g CAP. 418. MALTA COMMUNICATIONS AUTHORITY
(5) All acts done by any person acting in good faith, as a
member of the Authority shall be valid as if he were a member
notwithstanding that some defect in his appointment or
qualification be afterwards discovered. No act or proceeding of the
Authority shall be questioned on the ground of the contravention,
by a member, of the provisions of subarticle (8) of article 3 of this
Act. 
PART III
OFFICERS AND EMPLOYEES OF THE AUTHORITY
Staff 
appointments.
9. Without prejudice to the other provisions of this Act, the
appointment of officers and other employees of the Authority shall
be made by the Authority. The terms and conditions of employment
shall be established by the Authority with the concurrence of the
Minister. 
Appointment and 
functions of officer 
and employees of 
the Authority.
10. The Authority shall appoint and employ, at such
remuneration and upon such time terms and conditions as it may, in
accordance with article 9 of this Act, determine, such officers and
employees of the Authority as may from time to time be necessary
for the due and efficient discharge of the functions of the
Authority. 
Detailing of public 
officers for duty 
with the Authority.
11. (1) The Prime Minister may, at the request of the
Authority, from time to time direct that any public officer shall be
detailed for duty with the Authority in such capacity and with
effect from such date as may be specified in the Prime Minister’s
direction. 
(2) The period during which a direction as aforesaid shall apply
to any officer specified therein, shall, unless the officer retires from
the public service, or otherwise ceases to hold office at an earlier
date, or unless a different date is specified in such direction, cease
to have effect after one year from the effective date of such
direction unless the direction is revoked earlier by the Prime
Minister.
Status of public 
officers detailed 
for duty with the 
Authority.
12 . (1) Where any officer is detailed for duty with the
Authority under any of the provisions of article 11 of this Act, such
officer shall, during the time in which such direction has effect in
relation to him, be under the administrative authority and control of
the Authority but he shall for other intents and purposes remain and
be considered and treated as a public officer. 
(2) Without prejudice to the generality of the foregoing, an
officer detailed for duty as aforesaid -
( a )  shall not during the time in respect of which he is so
detailed -
(i) be precluded from applying for a transfer to a
department of the Government in accordance
with the terms and conditions of service attached
to the appointment under the Government held
by him at a date on which he is so detailed for
duty; or 
(ii) be so employed that his remuneration and
MALTA COMMUNICATIONS AUTHORITY _g CAP. 418.  9
conditions of service are less favourable than
those which are attached to the appointment
under the Government held by him at the date
aforesaid or which would have become attached
to such appointment, during the said period, had
such officer not been detailed for duty with the
Authority; and 
Cap. 93.
Cap. 58.
( b ) shall be entitled to have his service with the authority
considered as service with the Government for the
purposes of any pension, gratuity, or benefit under the
Pensions Ordinance and the Widows and Orphans’
Pensions Act and of any other right or privilege to
which he would be entitled, and liable to any liability
to which he would be liable, but for the fact of his
being detailed for duty with the Authority. 
(3) Where an application is made as provided in subarticle
(2)( a )(i) of this article the same consideration shall be given thereto
as if the applicant had not been detailed for service with the
Authority. 
(4) The Authority shall pay to the Government such
contributions as may from time to time be determined by the
Minister responsible for finance in respect of the cost of pensions
and gratuities earned by an officer detailed for duty with the
Authority as aforesaid during the period in which he is so detailed. 
Offer of permanent 
employment with 
the Authority to 
public officers 
detailed for duty 
with the Authority.
13. (1) The Authority may, with the approval of the Prime
Minister, offer to any officer detailed for duty with the Authority
under any of the provisions of article 11 of this Act permanent
employment with the Authority at a remuneration and on terms and
conditions not less favourable than those enjoyed by such officer at
the date of such offer. 
(2) The terms and conditions comprised in any offer made as
aforesaid shall not be deemed to be less favourable merely because
they are not in all respects identical with or superior to those
enjoyed by the officer concerned at the date of such offer, if such
terms and conditions, taken as a whole, in the opinion of the Prime
Minister offer substantially equivalent or greater benefits. 
Cap. 93.
Cap. 58.
(3) Every officer who accepts permanent employment with the
Authority offered to him, under the provisions of subarticle (1) of
this article shall for all purposes other than those of the Pensions
Ordinance and of the Widows’ and Orphans’ Pensions Act, and
saving the provisions of subarticle (6) of this article, be deemed to
have ceased to be in service with the Government and to have
entered into service with the Authority on the date of his
acceptance, and for the purposes of the said Ordinance and of the
said Act, so far as applicable to him, service with the Authority
shall be deemed to be service with the Government within the
meanings thereof respectively. 
(4) Every such officer as aforesaid who, immediately before
accepting permanent employment with the Authority was entitled
to benefit under the Widows’ and Orphans’ Pensions Act, shall
continue to be so entitled to benefit thereunder to all intents as if
10 _g CAP. 418. MALTA COMMUNICATIONS AUTHORITY
his service with the Authority were service with the Government. 
(5) The Authority shall pay to the Government such
contributions as may from time to time be determined by the
Minister responsible for finance in respect of the cost of pensions
and gratuities earned by an officer who has accepted performance
of employment with the Authority as aforesaid during the period
commencing on the date of such officer’s acceptance. 
(6) ( a ) For the purposes of this article posts and salary grades
with the Authority shall be classified in the most
nearly corresponding grades and incremental levels in
the service under the Government of Malta by
reference to job description, skills, responsibilities and
other analogous factors. 
( b ) The classification referred to in paragraph ( a ) of this
subarticle shall be carried out by a board composed of
a chairman appointed by the Ministry responsible for
finance and two other members, one appointed by the
Ministry responsible centrally for personnel policies in
the public service and one appointed by the Authority.
The classification shall be subject to the final approval
of the Minister responsible for finance. 
( c ) Such classification shall take place within three
months of any adjustment of salaries of employees in
Government service and, or, of employees of the
Authority. 
( d ) No post shall be classified in a grade higher than that
of a Grade 3 in the service of the Government or such
other grade that the Minister responsible for finance
may from time to time by notice in the Gazette
determine. 
( e ) Without prejudice to article 113 of the Constitution, no
person may, following a classification as aforesaid, be
entitled to rights under the said Pensions Ordinance
less favourable than those to which he would have
been entitled prior to such classification. 
PART IV 
FINANCIAL PROVISIONS
Authority to meet 
expenditure out of 
revenue.
14. (1) Without prejudice to the following provisions of this
article, the Authority shall so conduct its affairs that the
expenditure required for the proper performance of its functions
shall, as far as practicable, be met out of its revenue. 
(2) For such purpose the Authority shall levy all fees, rates and
other payments prescribed or deemed to be prescribed by or under
this Act or any other law related to the powers and functions of the
Authority. 
(3) The Authority shall also be paid by Government out of the
Consolidated Fund such sums as Parliament may from time to time
authorise to be appropriated to meet the costs of specified works to
be continued or otherwise carried out by the Authority, being works
MALTA COMMUNICATIONS AUTHORITY _g CAP. 418.  11
of infrastructure or a similar capital nature. 
(4) Any excess of revenue over expenditure shall, subject to
such directives as the Minister, after consultation with the Minister
responsible for finance, may from time to time give, be applied by
the Authority to the formation of reserve funds to be used for the
purposes of the Authority; and without prejudice to the generality
of the powers given to the Minister by this subarticle, any direction
given by the Minister as aforesaid may order the transfer to the
Government, or the application in such manner as may be specified
in the direction, of any part of the fees, rates and other payments
levied in accordance with subarticle (2) of this article or any such
excess as aforesaid. 
(5) Any funds of the Authority not immediately required to
meet expenditure may be invested in such manner as may from time
to time be approved by the Minister. 
Power to borrow or 
raise capital.
15. (1) For the purpose of carrying out any of its functions
under this Act, the Authority may, with the approval in writing of
the Minister given after consultation with the Minister responsible
for finance, borrow or raise money in such manner, from such
person, body or authority, and under such terms and conditions as
the Minister, after consultation as aforesaid, may in writing
approve.
(2) The Authority may also, from time to time, borrow, by way
of overdraft or otherwise, such sums as it may require for carrying
out its functions under this Act: 
Provided that for any amount in excess of fifty thousand
liri, there shall be required the approval of the Minister in writing. 
Advances from 
Government.
16. The Minister responsible for finance may, after
consultation with the Minister, make advances to the Authority of
such sums as he may agree to be required by the Authority for
carrying out any of its functions under this Act, and may make such
advances on such terms and conditions as he may, after
consultation as aforesaid, deem appropriate. Any such advance may
be made by the Minister responsible for finance out of the
Consolidated Fund, and without further appropriation other than
this Act, by warrant under his hand authorising the Accountant
General to make such advance. 
Borrowing from 
Government.
17. (1) The Minister responsible for finance may, for any
requirements of the Authority of a capital nature, contract or raise
loans, or incur liabilities, for such periods and on such terms and
conditions as he may deem appropriate; and any sums due in
respect of or in connection with any such loan or liability shall be a
charge on the Consolidated Fund. 
(2) Notice of any loans, liabilities or advances made or
incurred under the foregoing provisions of this article shall be
given to the House of Representatives as soon as practicable. 
(3) Pending the raising of any such loan as is mentioned in
subarticle (1) of this article, or for the purpose of providing the
Authority with working capital, the Minister responsible for
12 _g CAP. 418. MALTA COMMUNICATIONS AUTHORITY
finance may, by warrant under his hand, and without further
appropriation other than this Act, authorise the Accountant General
to make advances to the Authority out of the Treasury Clearance
Fund under such terms as may be specified by the Minister upon
the making thereof. 
(4) The proceeds of any loan raised for the purposes of making
advances to the Authority, and any other moneys to be advanced to
the Authority under this article, shall be paid into a fund specially
established for the purpose and which shall be known as the "Malta
Communications Authority Loan Fund". 
(5) Sums received by the Accountant General from the
Authority in respect of advances made to the Authority under
subarticle (3) of this article shall be paid, as respects of amounts
received by way of repayment into the Treasury Clearance Fund
and, as respects of amount received by way of interest into the
Consolidated Fund.
Estimates of the 
Authority.
18 . (1) The Authority shall cause to be prepared in every
financial year, and shall not later than six weeks after the end of
each such year adopt, estimates of the income and expenditure of
the Authority for the next following financial year: 
Provided that the estimates for the first financial year of
the Authority shall be prepared and adopted within such time as the
Minister may by notice in writing to the Authority specify. 
(2) In the preparation of such estimates the Authority shall
take account of any funds and other monies that may be due to be
paid to it out of the Consolidated Fund during the relevant financial
year, whether by virtue of this Act or an appropriation Act or of any
other law; and the Authority shall so prepare the said estimates as
to ensure that the total revenues of the Authority are at least
sufficient to meet all sums properly chargeable to its revenue
account including, but without prejudice to the generality of that
expression, depreciation. 
(3) The estimates shall be made out in such form and shall
contain such information and such comparison with previous years
as the Minister responsible for finance may direct. 
(4) A copy of the estimates shall, upon their adoption by the
Authority, be sent forthwith by the Authority to the Minister and to
the Minister responsible for finance. 
(5) The Minister shall, at the earliest opportunity and not later
than six weeks after he has received a copy of the estimates from
the Authority, approve the same with or without amendment after
consultation with the Minister responsible for finance. 
Expenditure to be 
according to 
approved 
estimates.
19. (1) No expenditure shall be made or incurred by the
Authority unless it has been approved by the Minister as provided
in article 18 of this Act. 
(2) Notwithstanding the provisions of subarticle (1) of this
article -
( a ) until the expiration of six months from the beginning
MALTA COMMUNICATIONS AUTHORITY _g CAP. 418.  13
of a financial year, or until the approval of the
estimates for that year by the Minister, whichever is
the earlier date, the Authority may make or incur
expenditure for carrying on its functions under this Act
not exceeding in the aggregate one-half of the amount
approved by the Minister for the preceding financial
year; 
( b ) expenditure approved in respect of a head or sub-head
of the estimates may, with the approval of the Minister
given after consultation with the Minister responsible
for finance, be made or incurred in respect of another
head or sub-head of the estimates; 
( c ) in respect of the first financial year, the Authority may
make or incur expenditure not exceeding in the
aggregate such amounts as the Minister responsible for
finance may, after consultation with the Minister,
allow; 
( d ) if in respect of any financial year it is found that the
amount approved by the Minister is not sufficient or a
need has arisen for expenditure for a purpose not
provided for in the estimates, the Authority may adopt
supplementary estimates for approval by the Minister
and in any such case the provisions of this Act
applicable to the estimates shall as near as practicable
apply to the supplementary estimates. 
Publication of 
approved 
estimates.
20 . The Minister shall, at the earliest opportunity and not later
than eight weeks after he has received a copy of the estimates and
supplementary estimates of the Authority, or if at any time during
that period the House of Representatives is not in session, within
eight weeks from the beginning of the next following session, cause
such estimates to be laid on the Table of the House of
Representatives.
Accounts and 
audit.
21. (1) The Authority shall cause to be kept proper accounts
and other records in respect of its operations, and shall cause to be
prepared a statement of accounts in respect of each financial year. 
(2) The accounts of the Authority shall be audited by an
auditor or auditors to be appointed by the Authority and approved
by the Minister: 
Provided that the Minister responsible for finance may,
after consultation with the Minister, require the books and accounts
of the Authority to be audited or examined by the Auditor General
who shall for the purpose have the power to carry out such physical
checking and other certifications as he may deem necessary. 
(3) After the end of each financial year, and not later than the
date on which the estimates of the Authority are forwarded to the
Minister under article 18 of this Act, the Authority shall cause a
copy of the statement of account duly audited to be transmitted to
the Minister and to the Minister responsible for finance together
with a copy of any report made by the auditors on that statement or
on the accounts of the Authority. 
14 _g CAP. 418. MALTA COMMUNICATIONS AUTHORITY
(4) The Minister shall, at the earliest opportunity and not later
than eight weeks after he has received a copy of every such
statement and report, or if at any time during that period the House
of Representatives is not in session, within eight weeks from the
beginning of the next following session, cause every such statement
and report to be laid on the Table of the House of Representatives.
Deposit of 
revenues and 
payment by the 
Authority.
22. (1) All monies accruing to the Authority shall be paid into
a bank or banks appointed as bankers of the Authority by a
resolution of the Authority. Such monies shall, as far as
practicable, be paid into any such banks from day to day, except
such sum as the Authority may authorise to be retained to meet
petty disbursements and immediate cash payments. 
(2) All payments out of the funds of the Authority, other than
petty disbursements not exceeding a sum fixed by the Authority,
shall be made by such officer or officers of the authority as the
Authority shall appoint or designate for that purpose. 
(3) Cheques against and withdrawals from any bank account of
the Authority shall be signed by such officer of the Authority as
may be appointed or designated by the Authority for that purpose
and shall be countersigned by the Chairman, or such other member
or officer of the Authority as may be authorised by the Authority
for that purpose.
(4) The Authority shall also make provision with respect to - 
( a ) the manner in which and the officer or officers by
whom payments are to be authorised or approved;
( b ) the title of any account held with the bank or banks
into which the monies of the Authority are to be paid,
and the transfer of funds from one account to the other; 
( c ) the method to be adopted in making payments out of
funds of the Authority;
and generally with respect to any matter which is relevant to the
proper keeping and control of the accounts and books, and the
control of the finance, of the Authority. 
Contracts of supply 
of works.
23. Without prejudice to any directions communicated by the
Minister under article 6(1) of this Act, the Authority shall not,
except with the approval of the Minister granted for special reasons
and after consultation with the Minister responsible for finance,
award or enter into any contract for the supply of goods or
materials or for the execution of works, or for the rendering of
services, to or for the benefit of the Authority, which is estimated
by the Authority to exceed three thousand liri in value, or such
other amount as the Minister responsible for finance may by
regulations prescribe, except after notice of the intention of the
Authority to enter into the contract has been published and
competitive tenders have been issued. 
Annual Report. 24. The Authority shall, not later than six weeks after the end
of each financial year, make and transmit to the Minister and to the
Minister responsible for finance a report dealing generally with the
activities of the Authority during that financial year and containing
MALTA COMMUNICATIONS AUTHORITY _g CAP. 418.  15
such information relating to the proceedings and policy of
Authority as either of the said Ministers may from time to time
require. The Minister shall, at the earliest opportunity and not later
than eight weeks after he has received a copy of every such report,
or if at any time during that period the House of Representatives is
not in session, within eight weeks from the beginning of the next
following session, cause a copy of every such report to be laid on
the Table of House of Representatives. 
PART V 
TRANSFER OF CERTAIN ASSETS TO THE AUTHORITY 
Transfer of assets 
to the Authority.
25. (1) ( a ) The property and undertakings owned by the
Government and used by it, immediately before the
date of the coming into force of this Part of this Act,
and used by it for the operation of any of the functions
which by this Act are being transferred to or vested in
the Authority shall, on the date aforesaid, by virtue of
this Act and without further assurance, be transferred
to and vested in the Authority under the same title by
which they were held by the Government immediately
before the said date. The provisions of this paragraph
shall not apply to immovable property.
( b ) The immovable assets from time to time specified in
an Order made by the President of Malta and published
in the Gazette (hereinafter referred to as "the
immovable assets") being immovable assets which
immediately before the coming into force of this Part
of this Act were owned by the Government and used by
it for the operation of any of the functions which by
this Act are being transferred to or vested in the
Authority, shall, with effect from such day as may be
specified in any such order, and by virtue of this Act
and without any further assurance be transferred to and
vested in the Authority under the same title by which
they were held by the Government before such day.
(2) The transfer and vesting aforesaid shall extend to the whole
of such property and undertakings and, without prejudice to the
generality aforesaid, shall include all plant, equipment, apparata,
instruments, vehicles, craft, buildings, structures, installations,
land, roads, works, stocks and other property, movable or
immovable, assets, powers, rights and privileges and all things
necessary or ancillary thereto which are held or enjoyed in
connection therewith or appertaining thereto, as well as all
obligations affecting or relating to any of the aforesaid property or
undertakings or other thing included therein as aforesaid. 
Construction of 
laws, etc.
26. Subject to the provision of this Act, all laws, rules,
regulations, orders, judgements, decrees, awards, deeds, bonds,
contracts, agreements, instruments, documents, warrants and other
arrangements, subsisting immediately before the date of the coming
into force of this Part of this Act affecting or relating to any of the
properties or undertakings transferred to the Authority by or under
this Act shall have full force and effect against or in favour of the
16 _g CAP. 418. MALTA COMMUNICATIONS AUTHORITY
Authority, and shall be enforceable freely and effectually, as if
instead of the Government or governmental authority the Authority
had been named therein or had been a party thereto, and otherwise
in substitution of the Government or governmental authority. 
Transitory 
provisions.
27. (1) When anything has been commenced by or under the
authority of the Government prior to the date of the coming into
force of this Part of this Act and such thing relates to any of the
properties or undertakings or any right or liability transferred to the
Authority by or under this Act, such thing may be carried on and
completed by or as authorised by the Authority. 
(2) Where immediately before the coming into force of this
Part of this Act, any legal proceedings are pending to which the
Government is or is entitled to be a party, and such proceedings are
related to any of the properties or undertakings, or any right or
liability transferred by or under this Act, the Authority shall, as
from the date aforesaid, be substituted in such proceedings for the
Government, or shall be made a part thereto in like manner as the
Government could have become, and such proceedings shall not
abate by reason of the substitution.
(3) The Minister may by order make such incidental,
consequential and supplemental provisions as he may deem
necessary or expedient for the purpose of determining, as
appropriate, the assets transferred to the Authority by this Act and
securing and giving full effect to the transfer of any property or
undertaking or any right or liability to the Authority by this Act and
make such orders as may be necessary to make any powers and
duties exercisable by the Government in relation to any of the
transferred property or undertakings exercisable by or on behalf of
the Authority. 
PART VI
ADVISORY COMMITTEES
Appointment and 
functions of 
advisory 
committees.
28. (1) With effect from such day or days as the Minister may
by order determine, there shall be appointed in respect of such
sector as the Minister may in any such order specify, an advisory
committee. 
(2) An advisory committee shall, for the better carrying out of
the provisions of this Act, advise the Authority on such matters and
perform such other functions as the Minister may specify in the
Order.
(3) The members of the committee shall be appointed by the
Minister and shall hold office for such period and on such terms
and conditions as the Minister may deem appropriate. 
(4) Each committee shall consist of one member representing
the Authority as Chairman and such other members as the Minister
may deem fit to appoint. 
(5) The provisions of subarticle (4)( a ), article 3(5) and (8) of
this Act shall  mutatis mutandis  apply to the members of the
advisory committees. 
(6) Each advisory committee shall keep minutes of all its
MALTA COMMUNICATIONS AUTHORITY _g CAP. 418.  17
meetings and shall forward copies of such minutes to the Authority.
The provisions of article 8 of this Act shall  mutatis mutandis  apply
to the committee and its acts or proceedings. 
PART VII
MISCELLANEOUS
Persons deemed 
public officers.
Cap. 9.
  29 . (1) The members of the Authority, the members of the
advisory committees and all officers and employees of the
Authority shall be deemed to be public officers within the meaning
of the Criminal Code.
(2) The Minister and the members of the Authority and its
officers shall not for a period of one year following the termination
of their appointment or office engage in any activity which in
accordance with the provisions of article 3(4)( c ) of this Act would
disqualify a person from holding office as a member of the
Authority. 
Power to make 
regulations.
30. The Minister may, after consultation with the Authority,
make regulations in respect of any of the functions of the
Authority. 
Savings.
Cap. 399.
31. Any subsidiary legislation prescribed under any of the
provisions of the Telecommunications (Regulation) Act shall, until
other provision is made under or by virtue of this or any other Act,
continue in force and have effect. 
SCHEDULE
(Article 5(2))
Directorates
Subject to the Minister’s powers under article 5(2) of this Act,
there shall be the following Directorates - 
1. Directorate for Telecommunications with responsibility for
the regulation of all matters relating to telecommunications as may
from time to time be assigned to the Authority by or under an Act
of Parliament. 
2. Directorate for Data Protection with responsibility for the
regulation of all matters relating to data protection as may from
time to time be assigned to the Authority by or under an Act of
Parliament. 
3. Directorate for Information and Other Systems with
responsibility for the regulation of all matters relating to electronic
commerce as well as information and other systems as may from
time to time be assigned to the Authority by or under an Act of
Parliament. 
