         TRADING STAMPS SCHEMES (RESTRICTION)        g CAP. 182.       1
CHAPTER 182 
TRADING STAMPS SCHEMES 
(RESTRICTION) ACT
To provide for the restricted use of trading stamps schemes and other
matters incidental thereto.
(18th December, 1964) *
Enacted by ACT XXIII of 1964, as amended by Acts XIII of 1983 and
VIII of 1990.
Short title.
(Restriction) Act.
Interpretation.
"association of persons" includes any company, partnership or
body of persons, whether corporate or unincorporate and whether
vested with legal personality or not;
"exempted person" means any promoter or operator of a trading
stamps scheme to whom the provisions of this Act do not apply
under subsection (1) of section 6 of this Act;
"gift" means a gift in cash or in kind and includes any valuable
advantage and any prize the giving of which depends upon the
outcome of a future uncertain event or of a combination of future
events;
"goods" means anything which is the subject of trade;
"importer" includes an agent having the exclusive representation
of a foreign firm for the sale or distribution in Malta of the goods of
that firm or of a local firm for the sale or distribution in Malta of
the goods manufactured by such local firm, and "to import" shall be
construed accordingly;
"manufacturer" includes the producer, and "to manufacture" shall
be construed accordingly;
"person" includes an association of persons;
"seller" means the transferor or assignor of goods against the
payment of any consideration whether in cash or in kind and
includes any party to the exchange of goods and "to sell" shall be
construed accordingly;
"trading stamp" means any stamp, coupon, voucher, token, label,
wrapper or similar device which is or is intended to be delivered to
any person upon or in connection with the purchase by that person
of any goods and is or is intended to be redeemable in specified
quantities by that or some other person against the receipt of a gift; 
"trading stamps scheme" means any scheme, plan, promise,
* See  subsection (2) of section 1 as originally enacted, which subsection has been
omitted under the Statute Law Revision Act, 1980, and Government Notice No. 670 of
the 18th of December, 1964.
  2        CAP. 182. h          TRADING STAMPS SCHEMES (RESTRICTION)     
offer, obligation or similar arrangement or undertaking by which
the purchasers of specified goods or from specified sellers would
be entitled to receive gifts as an inducement for the purchase of
such specified goods or from such specified sellers against the
delivery of and in exchange for trading stamps.
Prohibition to 
promote, operate, 
or advertise trading 
stamps schemes.
3. (1) No person shall promote or operate or in any way and
to whatever extent assist or take part in the promotion of a trading
stamps scheme.
(2) No person shall issue, distribute, give or sell or shall in any
way be concerned in the issue, distribution, giving or sale of
trading stamps for the purpose of a trading stamps scheme.
(3) No person shall in any manner whatsoever advertise or
cause to be advertised or assist in the advertising of a trading
stamps scheme.
Penalties.  
Amended by: 
XIII. 1983.5; 
VIII. 1990.3.
4. Any person who contravenes any of the provisions of this
Act shall be guilty of an offence and shall be liable on conviction
by the Court of Magistrates to a fine ( multa ) of not less than ten liri
and not exceeding one hundred liri or to imprisonment for a term of
not more than three months or to both such fine and imprisonment.
Offences by 
association of 
persons.
5. Where an offence against any of the provisions of this Act
is committed by an association of persons, every person who, at the
time of commission of the offence, was a director, manager,
secretary or other similar officer of such association or was
purporting to act in any such capacity shall be guilty of that offence
unless he proves that the offence was committed without his
knowledge and that he exercised all due diligence to prevent the
commission of the offence.
Exemption. 6. (1) The provisions of sections 3 and 4 of this Act shall not
apply to the promotion or operation of a trading stamps scheme
directly and exclusively by an importer, manufacturer or seller in
relation to the goods imported, manufactured or sold by such
importer, manufacturer or seller.
(2) For the purpose of subsection (1) of this section a trading
stamps scheme shall not be deemed to have been promoted or
operated directly and exclusively by an importer, manufacturer or
seller as therein stated if such importer, manufacturer or seller
makes use or in any manner avails himself of the activity or
services of any person who organizes or promotes a joint trading
stamps scheme for or on behalf of two or more exempted persons,
or if two or more exempted persons operate jointly a trading stamps
scheme.
