SPECIAL ADMINISTRATIVE PROCEDURE g S.L.350.07 1
SUBSIDIARY LEGISLATION 350.07
SPECIAL ADMINISTRATIVE PROCEDURE 
REGULATIONS
1st September, 2000
LEGAL NOTICE 162 of 2000.
Citation. 
Procedure Regulations.
Interpretation.
Cap. 350.
"Authority" means the Broadcasting Authority established by
article 118 of the Constitution of Malta;
"Chief Executive" means the Chief Executive of the Authority or
any other officer or employee of the Authority but does not include
the Secretary of the Authority;
"Code" means the Authority’s Code for the Investigation and
Determination of Complaints;
"complainant" means an affected third party who applies to the
Authority to seek effective compliance by a broadcaster with the
provisions of the Act;
"Secretary" means the Secretary of the Authority or any other
officer or employee of the Authority but does not include the Chief
Executive of the Authority.
(2) Words and phrases used in these regulations shall have the
same meaning as is assigned to them in the Act.
Chief Executive to 
issue notice of a 
charge.
3. (1) The Chief Executive shall issue a notice of a charge to
a broadcaster.
(2) In the said notice the Chief Executive shall indicate the
relevant provisions of the Act, or of the rules, regulations or Codes
made thereunder which the broadcaster is charged with infringing.
(3) In the said notice, the Chief Executive shall also inform the
broadcaster of the penalty to which the infringements are liable in
the case of a finding of guilt and of the amount of the reduced
penalty which may be paid by the broadcaster and of the period
within which it may be paid should the broadcaster opt to pay a
reduced penalty in terms of the Fifth Schedule to the Act.
(4) After the Authority has heard the oral submissions of the
Chief Executive and the broadcaster, the Chief Executive and the
broadcaster shall withdraw from the Authority’s meeting when the
Authority proceeds to discuss and decide upon the charge.
(5) The Authority’s Secretary shall communicate in writing the
Authority’s decision to the Chief Executive and to the broadcaster.
Complaint lodged 
by a complainant.
4. Where a complaint lodged by a complainant to a
2 g S.L.350.07 SPECIAL ADMINISTRATIVE PROCEDURE
broadcaster relates to one of the offences listed in regulation 3(2),
the procedure laid down in the Code for Investigation and
Determination of Complaints, shall be followed subject to the
following rules:
( a ) where the complainant is not satisfied with the
broadcaster’s reply and requests the Authority to hear
and decide upon his complaint as laid down in
regulation 7 of the Code, the Chief Executive shall
comply with the provisions of regulation 3(1), (2) and
(3);
( b ) the procedure laid down in regulation 3(4) shall be
followed by the Authority and the complainant, if
present, shall also withdraw from the Authority’s
meeting;
( c ) the procedure laid down in regulations 8 to 16 of the
Code shall be followed:
Provided that the Chief Executive shall assist the
complainant and the word "complainant" wherever it occurs in
regulations 8 to 16 of the Code shall also for the purposes of
matters provided for in this regulation include a reference to the
Chief Executive.
