 IDENTITY CARD  g CAP. 258.         1
CHAPTER 258 
IDENTITY CARD ACT
To make provision for and in respect of identity cards and to provide for
matters ancillary to or connected therewith.
(1st June, 1976) *
Enacted by ACT LI of 1975, as amended by Acts: XXVI of 1981, XIII of
1983 and XI of 1993.
Short title.
Interpretation.
"authorised officer" means the public officer designated by the
Prime Minister as the person authorized to issue identity cards, and,
to the extent of any power delegated as hereinafter provided,
includes any person delegated for the purpose by the public officer
designated as the authorised officer;
"holder", in relation to an identity card, means the person in
respect of whom it is issued;
"identity card" means a document issued in respect of a person
under and in accordance with this Act for the purpose of identifying
that person;
"prescribed" means prescribed by regulations under this Act.
Possession of 
identity cards. 
Amended by: 
XI. 1993.2.
 3. (1) Every person over the age of fourteen years who -
( a ) has resided in Malta for not less than six months
immediately before the coming into force of this
section and continues so to reside for one month
thereafter; or
( b ) at any time resides in Malta for a period of six months
ending after the expiration of one month after the
coming into force of this section,
shall, not later than two months after the coming into force of this
section in the case of a person mentioned in paragraph ( a )   of this
subsection, or not later than six weeks after he shall have resided in
Malta for six months in the case of a person mentioned in
paragraph ( b ) of this subsection, be in possession of a valid identity
card, and shall thereafter at all time during which he resides in
Malta be in possession of a valid identity card; and for this purpose
he shall make application therefor in accordance with the
provisions of this Act not later than one month after the
commencement of the applicable period of two months or six
weeks aforesaid.
(2) For the purposes of this Act temporary absences from Malta
shall not interrupt residence.
* See  subsection (2) of section 1 of the Act as originally enacted, which has been
omitted under the Statute Law Revision Act, 1980, and Legal Notice 71 of 1976. 
  2      CAP. 258. h                IDENTITY CARD 
(3) Identity cards may also be issued to such class or classes of
persons as the authorised officer may deem appropriate or as may
be prescribed.
Application for 
identity cards.
4. (1) An application for the issue of an identity card shall be
made on such form as may be provided by the authorised officer or
as may be prescribed and shall contain such information and
particulars and shall be accompanied by such photographs and
other documents as may be required by the authorised officer or as
may be prescribed; and any requirement resulting from any form
referred to in this section shall be deemed to be a requirement by
the authorised officer made under this section.
(2) An application may be required by the authorised officer to
be made at a place or places indicated by him, or as may be
prescribed, and may also be required to be made in person.
Issue and contents 
of identity cards. 
Amended by: 
XXVI. 1981.2;
XI. 1993.3.
5. (1) Identity cards shall be issued by the authorised officer
and shall be stamped with the stamp of such officer or shall be
otherwise authenticated as may be prescribed.
(2) An identity card shall contain a photograph of the person in
respect of whom it is issued which in the opinion of the authorised
officer truly resembles such person at the time the identity card is
applied for and shall indicate the date on which its validity
commences and expires, and an identifying number of the holder
which may either be his act of birth number given by the Public
Registry or any other number as may be assigned to him by the
authorised officer, it shall moreover, wherever practicable, contain
the signature of the holder or a reproduction of a recent signature of
the holder, and also the following particulars concerning such
person:
( a ) name and surname;
( b ) the address of the principal place of residence where
such person habitually sleeps;
( c ) sex;
( d ) nationality;
( e ) place and date of birth,
and may include such other particulars or information as the
authorised officer may deem appropriate.
(3) An identity card shall be made of such material and in such
manner as in the opinion of the authorised officer provide adequate
security against forgery, tampering or alteration thereof, and it
shall, in any case, include a limited area where machine readable
coded information may be inserted:
Provided that no information which is not included under
subsection (2) hereof may be so included. 
 IDENTITY CARD  g CAP. 258.         3
Validity of identity 
cards and 
application for new 
ones. 
Substituted by: 
XXVI. 1981.3.
Amended by: 
Xl.1993.4.
6. (1) An identity card shall remain valid for a period of ten
years or such other period as may be prescribed, and may not be
renewed:
Provided that the Prime Minister may at any time (other than
the period between the dissolution of Parliament and the conclusion
of the first general election held after such dissolution), by notice
in the Gazette terminate, in such manner and on such date or dates
as he may deem appropriate, the validity of all or any class or
classes of identity cards:
 Provided further that where an identity card has been issued in
respect of a person under the age of eighteen years, such identity
card shall cease to be valid upon the eighteenth birthday of the
holder thereof.
(2) Where the holder of an identity card is a person to whom
subsection (1) of section 3 of this Act applies, such person shall,
not later than one month prior to the expiration of the validity of
the identity card, or not later than one month after the termination
of the validity of the identity card, as the case may require, apply
for a new identity card in accordance with the provisions of this
Act and shall surrender the invalid card for a new one.
Safe custody and 
production of card.
7. (1) Every person to whom an identity card has been issued
shall keep it in his safe custody and shall produce it on demand, or
as may be prescribed, or as may be required by any enactment, and,
where so required by any enactment, deliver it to any lawful
authority:
Provided that a person shall not be required to deliver a valid
identity card unless he is given a receipt therefor by the person
requiring its delivery.
(2) For the purposes of this section "lawful authority" means a
person or authority authorised by law to require the production or
delivery of an identity card.
(3) Any member of the Police Force may require any person to
whom an identity card has been issued to produce that card on
demand or, if it is not practicable for the person so required to
produce it on demand, not later than twenty-four hours after the
demand.
(4) Where a person has delivered a valid identity card to a
lawful authority as provided in this section, the receipt given to him
in respect thereof shall, until he is again in possession of his
identity card, be sufficient evidence that he possesses a valid
identity card.
Card to be 
evidence of 
identity of holder. 
Amended by: 
XXVI.1981.4.
8. An identity card which has not been tampered with shall,
until its validity expires or is terminated, be evidence of the
identity of the holder as shown on the card, and shall be accepted as
such by every public officer or authority and by every other person.
Incorrect 
particulars on card.
9. Whenever for any reason any of the particulars or any other
information contained in an identity card is or becomes incorrect,
the holder of the card shall, without delay, report the fact to the
authorised officer and shall surrender the incorrect card to, and
  4      CAP. 258. h                IDENTITY CARD 
give all such information as may be required by, that officer; and
that officer shall cause the card to be indelibly marked as
"Withdrawn as Incorrect" and shall issue another card in
substitution therefor.
Loss, destruction, 
etc., of card. 
Amended by: 
XIII. 1983.4,5.
10. (1) If an identity card is lost, destroyed or defaced, the
holder of that card shall, without delay, report the fact to the
authorised officer and, in the case of a defaced card, shall surrender
the defaced card to that officer.
(2) Upon an application for the issue of an identity card in
substitution of a card lost, destroyed or defaced, and upon the
payment of a fee of one lira, or of such other fee as may be
prescribed, the authorised officer, if satisfied that the card has been
lost, destroyed or defaced and, in the case of a defaced card, that it
has been surrendered as required by this Act, shall issue a fresh
card.
(3) Except as provided in subsection (2) of this section, or
unless the authorised officer is of the opinion that he should,
subject to any conditions he may deem appropriate, act otherwise in
the circumstances, no identity card shall be issued in respect of the
same person unless all cards previously issued in respect of that
person, including a card the validity of which has expired, have
been surrendered to that officer.
(4) For the purposes of this section an identity card shall be
treated as lost if the authorised officer is satisfied that it is not
recoverable.
Entries on card. 11. Without prejudice to the provisions of subsection (2) of
section 5 of this Act relating to the signature of the holder, no
person other than the authorised officer shall make any mark or
entry upon, or erase, cancel, alter or substitute any mark or entry
made upon, or otherwise deface or destroy, an identity card.
Use and possession 
of card restricted to 
holder, etc.
12. (1) No person other than the holder thereof, or the agent of
the holder in the carrying out of any requirement of this Act or of
any other law on behalf of the holder, shall have in his possession,
or make any use whatever of, any identity card.
(2) Any person who comes into possession of an identity card
issued to some other person shall forthwith deliver or forward it to
the holder thereof or to the authorised officer.
(3) Any person who has in his possession more than one
identity card issued in respect of him shall without delay and in
person produce such cards to the authorised officer and shall
surrender to him such one or more of the cards as that officer shall
require.
Regulations. 13. The Prime Minister may make regulations for prescribing
anything which is required or authorised by this Act to be
prescribed and for carrying into full effect the provisions of this
Act.
Offences. 
Amended by: 
XIII.1983.5.
14. (1) Without prejudice to the provisions of subsection (2)
of this section and of the higher punishments therein provided, any
person who contravenes or fails to comply with any of the
 IDENTITY CARD  g CAP. 258.         5
provisions of this Act, or of any regulations made thereunder, or of
any requirement of the authorised officer, shall, in respect of each
offence, be liable to a fine ( multa ) not exceeding one hundred liri
and, in the case of a continuing offence, to a fine ( multa ) not
exceeding five liri for each day during which the offence continues. 
(2) Any person who - 
( a ) with intent to deceive contravenes any of the
provisions of section 11 or of subsection (1) of section
12 of this Act; or
( b ) makes any false statement, or gives any false
information, or produces any false document, for any
of the purposes of this Act, knowing the same to be
false; or
( c ) forges an identity card or any other document
whatsoever required by, or intended for, any of the
purposes of this Act; or
( d ) aids or abets the commission of any offence against
the foregoing paragraphs of this subsection,
shall be liable on conviction to imprisonment for a period of not
less than two years and not exceeding five years.
