OCCUPATIONAL HEALTH AND SAFETY AUTHORITY [ CAP. 424.  1
CHAPTER 424
OCCUPATIONAL HEALTH AND SAFETY 
AUTHORITY ACT
AN ACT to provide for the establishment of an Authority to be known as
the Occupational Health and Safety Authority, an Occupational Health and
Safety Appeals Board, and for the exercise by or on behalf of that Authority
of regulatory functions regarding resources relating to Occupational
Health and Safety and to make provision with respect to matters connected
therewith or ancillary thereto.
3rd May, 2001
29th January, 2002
ACT XXVIII of 2000.
PART I
Preliminary
Short title.
Safety Authority Act.
Interpretation.
"Appeals Board" means the Occupational Health and Safety
Appeals Board established by article 21(1);
"Authority" means the Occupational Health and Safety Authority
established by article 8(1);
"Chairperson" means the Chairperson of the Authority;
"Chief Executive" means the Chief Executive Officer appointed
under article 10;
"Code of Practice" means a standard, specification or any other
written or illustrated form of practical guidance, instruction or
control;
"employer" means any person for whom work or service is
performed by a worker or who has an employment relationship with
a worker, and includes a contractor or subcontractor who performs
work or supplies a service or undertakes to perform any work or to
supply services, and
( a ) in relation to work performed under a contract for
services means the contractor or subcontractor, but
shall not include the directors, managers, partners or
owners, occupiers or possessors on behalf of whom
work is being carried out, except to such extent as
regards any tools, materials or equipment provided by
them with regard to any defects thereof or therein
which are known and not declared or which could have
been known;
( b ) in respect of all other organisations including
voluntary ones, or in respect of any other form of
employment under a contract of service includes any
of the persons in overall direction or having day to day
2 [ CAP. 424. OCCUPATIONAL HEALTH AND SAFETY AUTHORITY
management;
"financial year" means any period of twelve months ending on
the 30th September:
Provided that the first financial year of the Authority shall
commence on the coming into force of this Act and end on the 30th
September of the following year;
''House'' means the House of Representatives;
"Minister" means the Minister responsible for occupational
health and safety;
"officer" means an Occupational Health and Safety Officer
appointed under article 15(1), and furnished with a certificate of
appointment issued according to the provisions of the said article;
"person" includes a body of persons and any body corporate
established by or under any law;
"prescribed" means prescribed by regulations made under this
Act;
"President" means the President of the Appeals Board;
"public officer" in relation to article 24, has the same meaning
assigned to it by article 124 of the Constitution, but does not
include a judge of the Superior Courts or a magistrate of the
Inferior Courts;
"work" means any duty, activity, task or service producing a
product or result, and being performed for payment or for free or in
exchange for goods, for services, for profit or for benefit;
"worker" means any person employed by an employer to perform
work, or who provides a service to another person under a contract
of service or for service, and includes a trainee, an apprentice and a
self-employed person, but shall not include the crew of a vessel
registered in Malta or any other person employed thereon as part of
the ship complement;
"Workers’ Health and Safety Representative" means a person,
elected, chosen or designated, as prescribed in regulations, to
represent workers on all matters relating to the promotion and
protection of their occupational health or safety;
"work place" means any premises, place, facility, vessel or other
thing or location, whether public or private, where work is carried
out or to which the worker has access in the course of his
employment, and without prejudice to the generality of the
foregoing, shall include a vehicle or vessel where such vessel is
within a port in Malta or the internal or territorial waters thereof, or
at any dockyard, harbour or other similar installation in Malta,
other than a warship belonging to a foreign state.
(2) In this Act words importing the masculine gender shall
include females, and this inclusion shall extend to all grammatical
variations and cognate expressions of the word.
Applicability of 
this Act.
3. This Act shall apply to all work places, to all sectors of
activity, both public and private, and to all work activities, but shall
OCCUPATIONAL HEALTH AND SAFETY AUTHORITY [ CAP. 424.  3
not apply in the case of those activities carried out by members of
the armed forces, the police force or of the civil protection services:
Provided that in the case of members of the
aforementioned public services, the health and safety of workers
must be ensured as far as reasonably possible in the light of the
overall scope of those services.
PART II
Principles and General Duties
Declaration of 
principles.
4. (1) The protection of occupational health and safety is to
be considered of public interest.
(2) The Authority established by virtue of this Act shall be
responsible for ensuring that the physical, psychological and social
well being of all workers in all work places are promoted and to
ensure that they are safeguarded by whoever is so obliged to do.
General duties.
occupational health and safety protection established by this Act
and by regulations made under this Act are maintained.
Duties of 
employers.
6. (1) It shall be the duty of an employer to ensure the health
and safety at all times of all persons who may be affected by the
work being carried out for such employer:
Provided that where in pursuance of the foregoing an
employer enlists competent external services or persons, the
employer shall not be discharged from such incumbent duties
arising out of this Act and out of regulations made under this Act:
Provided further that the workers’ obligations in the field
of occupational health and safety shall not affect the principle of
the responsibility of the employer.
(2) The measures that need to be taken by an employer to
prevent physical and psychological occupational ill-health, injury
or death, shall be taken on the basis of the following general
principles of prevention, that is by -
( a ) the avoidance of risk;
( b ) the identification of hazards associated with work; 
( c ) the evaluation of those risks which cannot be avoided;
( d ) the control at source of those risks which cannot be
avoided;
( e ) the taking of all the necessary measures to reduce risk
as much as reasonably practicable, including the
replacement of the hazardous by the non-hazardous or
by the less hazardous;
( f ) giving collective protective measures priority over
individual protective measures;
( g ) adapting the work to the worker, particularly in so far
as the design of work places, the choice of work
equipment and the choice of working and production
methods are concerned, in particular with a view to
4 [ CAP. 424. OCCUPATIONAL HEALTH AND SAFETY AUTHORITY
alleviating monotonous work and work at a
predetermined work-rate, and to reducing their effect
on health;
( h ) by adapting to technical progress in the interest of
occupational health and safety; and
( i ) by the development of a coherent overall prevention
policy which covers technology, the organisation of
work, working conditions, social relationships and the
influence of factors related to the working
environment.
(3) Without prejudice to the generality of the preceding
subarticle (2), it shall be the duty of an employer to provide such
information, instruction, training and supervision as is required to
ensure occupational health and safety.
(4) It shall be the duty of an employer to ensure that at work
places wherein a sufficient number of workers are employed, there
shall be elected, chosen or otherwise designated a person or
persons to act as the Workers’ Health and Safety Representative or
Representatives, and who shall be consulted in advance and in good
time by the employer on matters which may affect occupational
health and safety.
Duties of workers. 7. (1) It shall be the duty of every worker to safeguard one’s
own health and safety and that of other persons who can be affected
by reason of the work which is carried out.
(2) It shall be the duty of every worker to co-operate with the
employer and with the Health and Safety Representative or
Representatives at the work place on all matters relating to health
and safety.
PART III
Establishment, Functions and Conduct of the Authority
Establishment and 
composition of the 
Authority.
8. (1) There is hereby established an authority which shall be
known as the Occupational Health and Safety Authority.
(2) The Authority shall consist of nine members, as follows:
( a ) a Chairperson, appointed by the Minister;
( b ) the Director of Industrial and Employment Relations,
ex officio , as Deputy Chairperson;
( c ) a person, appointed by the Minister, with competence
in occupational health and, or safety;
( d ) a person appointed by the Minister responsible for
health;
( e ) a person appointed by the Minister responsible for
economic affairs;
( f ) two members appointed by the Minister to represent
the interests of workers, following consultation with
such body or bodies as the Minister may from time to
time consider to be the principal representatives of
workers;
OCCUPATIONAL HEALTH AND SAFETY AUTHORITY [ CAP. 424.  5
( g ) two members appointed by the Minister to represent
the interests of employers, following consultation with
such body or bodies as the Minister may from time to
time consider to be the principal representatives of
employers.
(3) The Minister shall appoint a person to be the Secretary of
the Board.
(4) The Chairperson and the other members of the Authority
shall hold office for a period of two years, but the members so
appointed may be re-appointed on the expiration of their term of
office:
Provided that if a member is appointed at any time after the
other members have already been appointed, the term of
appointment of such member shall end on the same date as that of
the other members.
(5) A person shall not be qualified to hold office as a member
of the Authority, if the person:-
( a ) is a Minister, a Parliamentary Secretary or a member
of the House; or
( b ) is legally incapacitated; or
( c ) has been declared bankrupt or has made a composition
or arrangement with his/her creditors; or
( d ) has been convicted of a crime affecting public trust or
theft or fraud or knowingly receiving property
obtained by theft or fraud, or of any offence against
this Act; or
( e ) has a financial or other interest in any enterprise or
activity which is likely to affect the discharge of the
functions as a member of the Authority:
Provided that the disqualification of a person under this
paragraph may be waived by the Minister if the interest is declared
and the declaration is published in the Gazette.
(6) Subject to the provisions of this article, the office of a
member of the Authority shall become vacant -
( a ) at the expiration of the term of office, or
( b ) if any circumstances arise that, if that person were not
a member of the Authority, would cause that person to
be disqualified for appointment as such.
(7) 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 the duties as a member.
(8) 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 the office, the Minister may
appoint a person who is qualified to be appointed to be a member to
be a temporary member of the Authority; and any person so
appointed shall, subject to the provisions of subarticles (5) and (6),
6 [ CAP. 424. OCCUPATIONAL HEALTH AND SAFETY AUTHORITY
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 the office resumes those
functions.
(9) 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 the interest
at the first meeting of the Authority after the relevant facts have
come to that member’s knowledge; such disclosure shall then be
recorded in the minutes of the meeting, 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 that member from remaining a
member, he/she shall report the fact immediately to the Minister
and tender his/her resignation.
(10) The appointment of any person as a member of the
Authority and the termination of office or resignation of any such
person, as well as any additional functions assigned to the
Authority by the Minister, shall be notified in the Gazette, and it
shall have effect forthwith:
Provided that failure to publish the appointment or
termination of office, as the case may be, shall have no effect on
the validity of such appointment or termination.
Functions of the 
Authority.
9. (1) The Authority shall have such functions in respect of
its structures as are set out in this Act and such other functions as
may devolve upon it under any other law, or as may be assigned to
it by the Minister.
(2) It shall be the function of the Authority to -
( a ) apply the provisions of this Act and of any regulations
or orders made thereunder;
( b ) establish strategies in consultation with the Chief
Executive Officer, by which the general national
policy relating to occupational health and safety,
indicated to it by the Minister, may be implemented; 
( c ) advise the Minister regarding the making of
regulations to promote, maintain and protect a high
level of occupational health and safety; 
( d ) monitor compliance with relevant occupational health
and safety legislation and to take enforcement action;
( e ) prepare regulations or Codes of Practice required to
promote, maintain and protect a high level of
occupational health and safety:
Provided that the Authority may appoint for this
purpose, committees or sub-committees and it may co-
opt on such committees or sub-committees competent
persons from outside its membership, who, in the
opinion of the Authority, have professional or expert
knowledge on any matter dealt with under this Act; so
OCCUPATIONAL HEALTH AND SAFETY AUTHORITY [ CAP. 424.  7
however that the co-opted members shall not have a
vote on any matter before a committee or
subcommittee;
( f ) promote the dissemination of information regarding
occupational health and safety, and the methods
required to prevent occupational injury, ill health or
death;
( g ) promote education and training on occupational health
and safety, and emergency and first aid response at
work places;
( h ) collate and analyse data and statistics on occupational
injuries, ill health and deaths, and on matters ancillary
to occupational health and safety:
Provided that the Authority may request data or
information on any matter related to occupational
health and safety, and such data or information shall be
provided forthwith:
Provided further that any such data or
information shall be deemed to have been given and
received under the obligation of confidentiality;
( i ) keep registers of such plant, installations, equipment,
machinery, articles, substances, or chemicals and
intended for use at work which in the opinion of the
Authority provide a serious occupational health and
safety risk;
( j ) carry out any investigation on any matter concerning
occupational health and safety, including but not
limited to the investigation of any accident, injury,
disease or death occurring as a result, or by reason of,
any association with work, as well as investigations to
ascertain the level of occupational health and safety
provided at any work place, and the duty of the
Authority to secure the enforcement of any provision
of this Act shall not be reason to debar the carrying out
of such investigations:
Provided that the Authority may appoint
competent persons as far as possible from the register
mentioned in sub-paragraph (1) to assist it in any
investigations and to accompany its officials during an
investigation;
( k ) promote and carry out scientific research aimed at
better methods of preventing occupational ill health,
injury, or death;
( l ) keep registers of persons competent to give advice on
matters related to occupational health and safety:
Provided that the Authority may determine the
minimum qualifications required before the name of a
person may be entered into the register.
(3) The Authority shall take over, consolidate, and as
appropriate, expand the occupational health and safety inspectorate
8 [ CAP. 424. OCCUPATIONAL HEALTH AND SAFETY AUTHORITY
and enforcement functions and services carried out by the
Government immediately before the date of coming into force of
article 8, and for this purpose such property, equipment, materials,
records and documents ancillary thereto are being hereby vested in
the Authority.
(4) The Authority shall establish co-operation with any
Ministry, Government department or other organisation, whether
local or overseas, to promote and ensure the health and safety of all
persons at work.
(5) The Authority may also undertake such other activity it
may deem necessary or expedient for the purposes of its functions
and objectives under this Act.
(6) The Authority may, with the approval of the Minister, act
as an agent or otherwise on behalf of other persons for any matter
related to occupational health and safety.
Conduct of the 
affairs of the 
Authority.
10. (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
by the Authority.
(2) The Chief Executive shall be appointed by the Minister in
consultation with the Authority, for a period of three years and such
period may be extended for further periods of three years each:
Provided that where the Chief Executive is absent from
Malta or is otherwise temporarily unable to perform the functions
of that office, the Authority, in consultation with the Minister, shall
appoint an office of the Authority to assume the duties of Chief
Executive for the duration of such period during which the Chief
Executive is so absent or otherwise unable to perform those
functions.
(3) The Chief Executive shall attend all the meetings of the
Authority but shall not vote at such meetings.
(4) 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, the Chief Executive shall:
( a ) be responsible for evaluating the implementation and
fulfilment of the Authority’s established goals, for the
efficient use of its resources, and resultant benefits,
and shall report directly to the Authority;
( b ) develop the necessary strategies for the
implementation of the objectives of the Authority;
( c ) advise the Authority on any matter it may refer or on
any matter which is considered necessary or expedient;
and such other duties as the Authority may assign from
time to time.
OCCUPATIONAL HEALTH AND SAFETY AUTHORITY [ CAP. 424.  9
Relations with the 
Minister.
11. (1) In the exercise of its functions, the Authority shall -
( a ) give effect, as soon as practicable, to any direction, not
inconsistent with any provision of this Act, which the
Minister may give to the Authority in relation to the
policy to be followed by the Authority in the discharge
of its functions, and in relation to any matter which
appears to the Minister to affect occupational health
and safety;
( b ) afford to the Minister facilities for obtaining any
information with regard to the property and activities
of the Authority and for this purpose the Authority
shall furnish the Minister with returns, accounts and
other information with respect thereto, and afford
facilities for the verification of any information
furnished, in such manner and at such times as the
Minister may reasonably require.
(2) The Authority shall, either on its own initiative or at the
request of the Minister, advise the Minister on any matter
concerning occupational health and safety.
(3) The Authority shall transmit a copy of the minutes of its
meetings to the Minister as soon as may be after each meeting.
(4) The Minister shall seek the advice of the Authority before
making regulations as provided in article 12:
Provided that the Minister may set a reasonable time,
which shall be not less than fifteen days, for the receipt of advice
on proposed regulations, and if the Authority does not give its
advice within that time, the Minister may proceed to make those
regulations:
Provided further that the Minister may, when the Minister
deems the matter to be urgent, give notice thereof to the Authority
and in such case the Authority shall give its advice within two days,
failing which the Minister may proceed to make the regulations.
(5) When the Minister receives advice on matters relating to
occupational health and safety from outside the Authority, the
Minister shall pass such advice to the Authority for its comments
thereon.
Power to make 
regulations.
12. (1) The Minister may make regulations for safeguarding
occupational health and safety, for determining the precautions to
be taken for this purpose and generally for the purpose of carrying
into operation any of the provisions of this Act, and in particular,
but without prejudice to the generality of the foregoing, the
Minister may make regulations -
( a ) prescribing anything that is required or authorised by
this Act to be prescribed;
( b ) concerning the testing, examination and the
certificates or seals of approval of any equipment,
machine, device, article or thing used or intended to be
used in a work place;
( c ) on the importation, presence, use, handling of, or
10 [ CAP. 424. OCCUPATIONAL HEALTH AND SAFETY AUTHORITY
exposure to any chemical, biological or physical agent,
or a combination thereof, which may be used at work;
( d ) on the methods, standards or procedures for
determining the amount, concentration or level of any
physical, chemical or biological agent in a work place;
( e ) concerning the protection of workers from the risks
related to exposure to chemical, physical and
biological agents at work;
( f ) on the notification, reporting and investigation of
deaths, diseases, injuries or other accidents or
incidents involving health and safety in a work place;
( g ) on the hours a worker may be required to work;
( h ) relating to the safety of any equipment, machine,
device, material, chemicals, process, article or thing
whatsoever used or intended to be used in a work
place;
( i ) relating to the right of a worker to refuse to work or to
do a particular work, the circumstances in which, and
the conditions under which such a right is exercisable;
( j ) on any other matter related to occupational health and
safety.
(2) Without prejudice to any matter aforesaid, regulations
made under this article may also -
( a ) distinguish between different classes of work places,
different classes of work and between different classes
of workers, and may also make other distinctions as
may be deemed appropriate;
( b ) prohibit, regulate, restrict, limit or control any matter
in respect of which regulations may be made;
( c ) empower the Authority to require a license, certificate
or other requirement in respect of any matter for which
regulations may be made and to levy fees or other
charges in respect thereof, or in respect of any service
provided by the Authority.
Legal personality 
and representation.
13. (1) The legal representation of the Authority shall jointly
vest in the Chairperson 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.
(2) Any document purporting to be an instrument made or
issued by the Authority and signed by the Chairperson or by the
Chief Executive shall be received in evidence and shall, until the
contrary is proved, be deemed to be an instrument made or issued
by the Authority.
OCCUPATIONAL HEALTH AND SAFETY AUTHORITY [ CAP. 424.  11
Provisions with 
respect to 
proceedings of the 
Authority.
14. (1) The meetings of the Authority shall be called by the
Chairperson as often as may be necessary, but at least once a
month, either on his/her 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 Chairperson, or in the Chairperson’s absence the
Deputy Chairperson or other person appointed to act as
chairperson, 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.
(5) All acts done by any person acting in good faith, as a
member of the Authority shall be valid as if that person were a
member notwithstanding that some defect in the appointment or the
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 article 8(9).
PART IV
Occupational Health and Safety Officers
Appointment of 
officers.
15. (1) The Authority shall appoint Occupational Health and
Safety Officers who shall have such functions relating to the
general implementation of this Act or of any regulations made
thereunder, as well as for performing such work or assuming such
responsibilities as may be prescribed or as may be assigned to them
by the Authority.
(2) An officer shall be issued with means of proper
identification signed by the Chief Executive, and such document
shall be produced at the time of any examination, investigation or
inspection:
Provided that the Chief Executive shall be deemed to be an
officer, and the document of identification as an officer shall be
signed by the Chairperson.
Powers of officers.
( a ) to enter freely and without previous notice in any work
place at any time of day or night;
( b ) to request the assistance of a member of the Police
force in the execution of the officer’s duties;
( c ) to question, alone or in the presence of witnesses,
including the person, if such is the case, putting
forward the complaint, any employer or worker,
including any person acting on behalf of any employer
12 [ CAP. 424. OCCUPATIONAL HEALTH AND SAFETY AUTHORITY
or carrying out work for such employer, on any of the
matters falling under this Act or under any regulations
made thereunder;
( d ) to inspect any document the keeping of which is
prescribed by this Act or by any regulation made
thereunder, or any book, document, design, plan, or
list of technical specifications which may throw light
with regard to occupational health and safety at any
particular work place;
( e ) to take possession, upon giving receipt therefore, of
any object required for tests or as evidence of any
occupational accident, injury or disease, or of any
alleged violation of this Act or of any regulations
made thereunder;
( f ) to examine or see to the examination of work places
and of any object therein, and to take samples for
examination of any article, substance or material found
in any workplace or within its curtilage for the purpose
of protecting occupational health and safety, and to
ensure that such samples are preserved for use as
evidence in any proceedings taken in accordance with
this Act;
( g ) to order that nothing be disturbed at a work place for
any period which may be reasonably required for the
purpose of any examination, investigation or
inspection referred to in the foregoing paragraphs;
( h ) to require the operation or the setting in motion of any
equipment, machine, device, thing or process, as well
as the operation of any system or procedure which, in
the opinion of the officer, may be relevant to any
examination, investigation or inspection referred to in
paragraphs ( a ) to ( e ); 
( i ) to require any employer to provide at the employer’s
expense -
(i) a certificate signed by an architect and civil
engineer relating to the safety of any building or
structure, including any temporary structures;
(ii) a certificate signed by a mechanical or electrical
engineer regarding the safety of any mechanical
or electrical installation, as the case may be,
including any temporary installation;
(iii) a certificate signed by a medical practitioner
relating to the occupational health of any worker
or any class of workers, which shall be presented
to a medical officer of the Authority;
(iv) any information relative to occupational health
and safety, including information which refers to
protective measures;
( j ) to require any employer, agent, manufacturer,
importer, supplier, user or other person to provide at
their expense any document, certificate or list of
OCCUPATIONAL HEALTH AND SAFETY AUTHORITY [ CAP. 424.  13
technical specifications in relation to any matter
concerning occupational health and safety, the method
of handling or use of any plant, installation,
equipment, machinery, article, substance or chemical
which is used or intended to be used at work; and
( k ) for the purposes of a prosecution for any offence under
this Act, or for the purposes of any appeal to the
Appeals Board against an order by an officer, to
disclose to the Court or to the Appeals Board such
results or information received or collected during the
course of the investigations.
(2) An officer shall not enter a work place which is at the time
used as a dwelling house without the consent of the occupier, or
unless that officer is accompanied by a police officer not below the
rank of Inspector.
Orders by officers.
safeguard occupational health or safety, and every person shall
obey such order forthwith until such time as it is revoked by an
officer or until it has been revoked by the Appeals Board:
Provided that the person who receives the order, whether
such person is a worker or an employer, may defend oneself from
the charge of having disobeyed the order if one proves that
compliance with the order would have been of immediate detriment
to occupational health and safety: 
Provided further that any order given verbally shall be
confirmed in writing and served upon the person to whom it was
given within three working days.
(2) ( a ) An officer may order that a work place or part of a
work place be barred, and may revoke any such order.
( b ) When a work place or part thereof is barred, no person
shall enter the barred area without an officer’s
permission.
(3) Where an officer makes an order in writing under this
article, that officer may affix in the work place, or on any
equipment, machine, device, article or thing, a copy thereof, and no
person except an officer shall remove such copy unless authorised
to do so by an officer.
(4) Where an officer makes an order in writing under this
article, or issues a report of inspection to an employer or to a
person in charge of work, the employer or person in charge of work
shall forthwith cause a copy or copies thereof to be posted in a
conspicuous place or places at the work place where it is most
likely to come to the attention of workers.
(5) An officer shall not be required to hold or afford to an
employer, worker or other person an opportunity for a hearing
before making an order.
Officers to be 
deemed public 
officers.
Cap. 9.
18. (1) Occupational Health and Safety Officers shall, for the
purposes of the Criminal Code, be deemed to be public officers.
(2) No person may threaten, insult, molest or disturb
14 [ CAP. 424. OCCUPATIONAL HEALTH AND SAFETY AUTHORITY
inspectors in the performance of their duties, or knowingly give an
officer false information, or break or tamper with any seal made, or
with any monitoring equipment installed, put up or left by an
officer in a work place or, in the case of personal monitoring
equipment, on a worker.
Non-liability. 19. No action, disciplinary or otherwise, or other proceeding
for damages, shall lie or be instituted against the Chief Executive
Officer, or against an officer of the Authority for an act done or
omitted to be done by them in good faith in the execution or
intended execution of any power, right or duty under this Act or
any regulation made thereunder.
Appeals from 
orders given by an 
officer.
20. Any person, whether such person is a worker, an employer
or a third person, who deems oneself aggrieved by an order given
by an officer, may appeal therefrom to the Appeals Board.
PART V
The Occupational Health and Safety Appeals Board
Establishment and 
composition of the 
Appeals Board.
21. (1) There is hereby established an Appeals Board to be
known as the Occupational Health and Safety Appeals Board to
hear and decide upon appeals from any order of an officer
appointed under this Act.
(2) Save as provided in this article, the Appeals Board shall
consist of a President and two other members who shall be
appointed as follows:
( a ) the President of the Appeals Board shall be one of a
panel of persons appointed by the Minister, being
persons who are advocates of at least seven years
experience, and such persons shall serve as President
either in turn or in accordance with such distribution
of duties, and subject to such provisions as to inability
to serve and other circumstances, as the persons on the
said panel may, with the approval of the Prime
Minister, establish; 
( b ) the two other members of the Appeals Board shall be
selected by the President of the Appeals Board from a
list of persons who are neither advocates nor legal
procurators, appointed by the Minister to serve as
Members of the Appeals Board as occasion may
require.
(3) No member of the Authority and no officer of the
Authority may be appointed on the Appeals Board.
(4) The names of persons appointed to serve as Presidents or
as members of the Appeals Board shall be notified in the Gazette.
(5) The Appeals Board shall consist of the President and two
members whenever the appeal concerns:
(i) an order relating to the barring in full of a work
place, or 
(ii) orders relating to the prohibition of use of any
equipment, machine, plant, installation,
OCCUPATIONAL HEALTH AND SAFETY AUTHORITY [ CAP. 424.  15
substance, chemical or material which, were the
order to be implemented, results in the cessation
of all work activities, or 
(iii) appeals by third persons that would involve the
barring in full of a work place or the cessation of
all work activities. 
(6) Saving what is provided in subarticle (5), the Appeals
Board shall consist of the President alone, provided that each one
of the parties may request that the appeal be heard by an Appeals
Board made up of the President and two members, and such
requests shall be decided by the President alone during the
preliminary stages of the appeal as may be prescribed by
regulations which the Minister may make by virtue of subarticle
(11).
(7) The President shall have the right to administer the oath and
examine witnesses.
(8) The Appeals Board shall have the right to seek expert advice
as it may deem fit.
(9) The Minister may, from time to time, vary the composition
of the lists as provided in this article, but a person actually serving
as a member of the Appeals Board shall, notwithstanding the
removal of one’s name from the panel, continue to serve in the
proceedings as a member until the conclusion of those proceedings
and for the purpose of the interpretation of any decision given
therein:
Provided that in the case of the death or other impossibility
of such member to continue hearing such a case, another person
shall be subrogated from the existing panel to hear the case.
(10) The Minister shall also appoint a person to act as secretary
of the Appeals Board.
(11) The Minister may make regulations prescribing the
procedure to be used for an appeal to be made to the Appeals Board
and to regulate the procedure to be used by the Appeals Board.
PART VI
Administrative and Financial provisions
Staff appointments.
of any other enactment applicable to or in connection thereto,
including this Act, the appointment of officers and other employees
of the Authority shall be made by the Chief Executive, and
approved by the Authority. The terms and conditions of
employment shall be determined by the Chief Executive with the
approval of the Authority and with the concurrence of the Minister.
Appointment and 
functions of 
officers and 
employees of the 
Authority.
23. The Authority shall appoint and employ, at such
remuneration and upon such terms and conditions as it may, in
accordance with article 22, 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.
16 [ CAP. 424. OCCUPATIONAL HEALTH AND SAFETY AUTHORITY
Detailing of public 
officers.
24. (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 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 the direction,
ceases 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.
25. (1) Where any officer is detailed for duty with the
Authority under any of the provisions of article 24, such officer
shall, during the time in which such direction has effect in relation
to him/ her, be under the administrative authority and control of the
Authority but 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, a
public officer detailed for duty as aforesaid -
( a ) shall not during the time while such officer 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 that public officer at a date on which he/she
was detailed for duty; or
(ii) be so employed that the remuneration and
conditions of service are less favourable than
those which are attached to the appointment
under the Government held by that public officer
at the date he/she was detailed for duty as
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 the service with the Authority
considered as service with the Government for the
purpose of any pension, gratuity or benefit under the
Pensions Ordinance and the Widows’ and Orphans’
Pension Act, and of any other right or privilege to
which that public officer would be entitled, and shall
be liable to any liability to which he/she would be
liable, but for the fact that he/she is detailed for duty
with the Authority.
(3) Where an application is made as provided in subarticle
(2)( a )(i), the same consideration shall be given thereto as if the
applicant had not been detailed for duty 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
OCCUPATIONAL HEALTH AND SAFETY AUTHORITY [ CAP. 424.  17
and gratuities earned by an officer detailed for duty with the
Authority as aforesaid during the period in which such officer is so
detailed.
Offers of 
permanent 
employment with 
the Authority to 
public officers 
detailed for duty 
with the Authority.
26. (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 24 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 that officer, under the provisions of subarticle
(1), shall for all purposes other than those of the Pensions
Ordinance and of the Widows’ and Orphans’ Pensions Act, 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 such
acceptance, and for the purposes of the said Ordinance and of the
said Act, so far as applicable to that officer, 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
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 permanent
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 the 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 ) shall be
carried out by a board composed of a chairperson
appointed by the Minister 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
18 [ CAP. 424. OCCUPATIONAL HEALTH AND SAFETY AUTHORITY
months of any adjustment of salaries of employees in
the Government service, and, or, of employees of the
Authority.
( d ) No post shall be classified in a grade higher than that
of 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.
Cap. 93.
( e ) Without prejudice to the provisions of 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 that person would have been entitled prior to
such classification.
PART VII 
 Financial Provisions
Authority to meet 
expenditure out of 
revenue.
27. (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
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) 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 
capital.
28. (1) For the purposes of carrying out any of its functions
under this Act, the Authority may, with the approval in writing of
the Minister responsible for finance, borrow or raise money in such
manner, from such person, body or authority, under such terms and
conditions as the Minister, after consultation as aforesaid, may in
writing approve.
OCCUPATIONAL HEALTH AND SAFETY AUTHORITY [ CAP. 424.  19
(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.
29. The Minister responsible for finance may, after
consultation with the Minister, make advances to the Authority of
such sums as the Minister responsible for finance 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 the Minister responsible for finance 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, authorising the Accountant General to make
such advance.
Borrowing from 
Government.
30. (1) The Minister responsible for finance may, for any
requirements of the Authority of a capital nature, contract or raise
money, or incur liabilities, for such periods and on such terms and
conditions as the Minister responsible for finance 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 provisions of subarticle (1) shall be given by the
Minister to the House as soon as practicable.
(3) Pending the raising of any such loan as is mentioned in
subarticle (1), or for the purpose of providing the Authority with
working capital, the Minister responsible for finance may, by
warrant, 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
"Occupational Health and Safety Authority Loan Fund". 
(5) Sums received by the Accountant General from the
Authority in respect of advances made to the Authority under
subarticle (3) 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.
31. (1) The Authority shall cause to be prepared in every
financial year, and shall not later than eight weeks before the end of
each financial year adopt, estimates of the income and expenditure
of the Authority for the next following financial year:
Provided that the estimates of the Authority 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
20 [ CAP. 424. OCCUPATIONAL HEALTH AND SAFETY 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 in such forms and shall
contain such information and such comparisons with previous
estimates as the Minister 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 the Minister has received a copy of the
estimates of the Authority, or, if at any time the House is not in
session, within six weeks from the beginning of the next following
session, cause such estimates to be laid before the House together
with a motion that the House approves the said estimates. Not more
than one sitting shall be allotted for the debate in the House on such
motion and both the motion and the approval of the estimates by
the House may be with or without amendment to the estimates.
Expenditure 
according to the 
approved 
estimates.
32. (1) No expenditure shall be made or incurred by the
Authority unless it has been approved by the House as provided in
article 31.
(2) Notwithstanding the provisions of subarticle (1) -
( a ) until the expiration of six months from the beginning
of a financial year, or until the approval of the
estimates for that year by the House, whichever is the
earlier date, the Authority may make or incur
expenditure for carrying out its functions under this
Act not exceeding in the aggregate one half of the
amount approved 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,
be 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 until the approval of the
estimates for that year by the House 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 House is not sufficient, or if a
need has arisen for expenditure for a purpose not
provided for in the estimates, the Authority may adopt
OCCUPATIONAL HEALTH AND SAFETY AUTHORITY [ CAP. 424.  21
supplementary estimates for approval by the House
and, pending such approval, the Authority may in
special circumstances and with the approval of the
Minister, incur the relative expenditure or part thereof
as the said Minister may so approve, 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.
33. All estimates and supplementary estimates approved by the
House shall, as soon as practicable, be published in the Gazette.
Accounts and 
audit.
34. (1) The Authority shall cause to be kept proper books of
account and other records in respect of the Authority’s 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 it and approved by the
Minister:
Provided that the Minister responsible for finance may
require the books and other records of the Authority to be audited
or examined by the Auditor General who shall for this purpose have
power to carry out such physical checking and other verification,
and may require such information, as the Auditor General may
deem necessary.
(3) After the end of each financial year, at the same time as a
copy of the estimates of the Authority is forwarded to the Minister
under article 31, the Authority shall cause a copy of the statement
of accounts 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 auditor or auditors on that statement or on the accounts
of the Authority.
(4) The Minister shall cause a copy of every such statement
and report to be laid before the House together with the motion laid
before the House under article 31(5).
Deposit of 
revenues and 
payment by the 
Authority.
35. (1) All moneys of the Authority shall be paid into a bank
or banks appointed as bankers by the Authority by a resolution of
the Authority. Such moneys shall, as far as practicable, be paid into
the banks from day to day, except for such sum as the Authority
may require to retain to meet petty disbursements and immediate
payments.
(2) All payments out of the funds of the Authority, except
petty disbursements not exceeding such sum as may be fixed by the
Authority, shall be made by such officer or officers of the Authority
as shall be appointed or designated for the 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 Chairperson, or such other
member or officer of the Authority as may be authorised by the
Authority for that purpose.
22 [ CAP. 424. OCCUPATIONAL HEALTH AND SAFETY AUTHORITY
(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 into
another;
( c ) the method to be adopted in making payments out of
the funds of the Authority; and 
( d ) generally with respect to any matter which is relevant
to the proper keeping and control of the accounts,
books and other records and the control of the finances
of the Authority.
Contracts of supply 
and of works.
36. The Authority shall not enter into any contract for the
supply of goods or materials or for the execution of work or for the
rendering of services, to or for the benefit of the Authority, which
is estimated by the Authority to involve an expenditure exceeding
three thousand liri, except after notice of the intention of the
Authority to enter into such contract has been published and
competitive tenders have been issued.
Annual report. 37. 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
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 cause a copy of every such report to be
laid on the Table of the House together with the estimates as
provided for in article 31(5).
PART VIII
Offences and Penalties 
Offences and 
penalties.
38. (1) Any person who acts in contravention of the
provisions of articles 6, 7, 17 or 18, or in contravention of any of
the provisions of any regulations made under this Act, and any
person who conspires or attempts, or aids, abets, counsels or
procures any other person, to contravene the provisions
aforementioned, shall be guilty of an offence against this Act.
(2) Any person who, in connection with any matter under this
Act, or under any regulations made by virtue of this Act -
( a ) furnishes any information which that person knows to
be false in a material particular, or recklessly furnishes
any information which is false in a material particular;
or
( b ) with intent to deceive, produces, furnishes, sends or
otherwise makes use of any document which is false in
a material particular; or
( c ) wilfully refuses or without lawful excuse, the proof
whereof shall lie on that person, withholds any
OCCUPATIONAL HEALTH AND SAFETY AUTHORITY [ CAP. 424.  23
material information; or
( d ) knowingly or recklessly makes any incorrect statement
or entry in any record or return or on any document
kept or furnished under this Act or under any
regulations made thereunder; or
( e ) unlawfully refuses or fails to answer to the best of that
person’s knowledge any question made to him/her by
an officer in the exercise of that officer’s functions; or
fails to co-operate fully with an officer in the
pursuance of that officer’s duties; or
( f ) unlawfully refuses or fails to comply with any
requirement duly provided under this Act or under any
regulations made by virtue of this Act; or
( g ) hinders an officer in the performance of that officer’s
duty under this Act or under any regulations made by
virtue of this Act, 
shall be guilty of an offence against this Act or regulations made by
virtue of this Act.
(3) Any person who commits an offence against this Act or
regulations made by virtue of this Act, shall, on conviction, be
liable to imprisonment for a period of not more than two years or to
a fine ( multa ) of not less than two hundred liri but not exceeding
five thousand liri, or to both such fine and imprisonment; and
moreover the court may, at the request of the prosecution, cancel all
or any licences, warrants or permits issued to or in the name of the
person found guilty in connection with the work place where the
offence was committed:
Provided that no proceedings shall be taken against any
person who, after receiving an intimation by the Authority for the
payment of a penalty not exceeding two hundred liri for having
contravened the provisions of this Act or of any regulations made
by virtue of this Act, and pays such penalty to the Authority in
either case within fifteen days from the date of receipt of such
intimation.
Cap. 9.
(4) Notwithstanding the provisions of article 370 of the
Criminal Code, proceedings for an offence against this Act shall be
taken before the Court of Magistrates (Malta) or the Court of
Magistrates (Gozo), as the case may be, sitting as courts of criminal
judicature.
(5) In any proceedings referred to in the foregoing subarticle it
shall be lawful for the Chief Executive, or any officer delegated by
the said Chief Executive, to examine or cross-examine witnesses,
produce evidence, make submissions in support of the charge and
generally conduct the prosecution on behalf of the police, and the
sworn statement of the officer that that such officer has been duly
delegated for that purpose shall be conclusive evidence of that fact.
(6) Notwithstanding the provisions of the foregoing subarticle
the Chief Executive or the officer deputed in accordance with
subarticle (5) may be produced as witnesses but should their
evidence be required as part of the case for the prosecution they
24 [ CAP. 424. OCCUPATIONAL HEALTH AND SAFETY AUTHORITY
shall be heard before they commence to act as provided in
subarticle (5) unless the necessity of their evidence arises
subsequently.
(7) Notwithstanding the provisions of the Criminal Code, the
Attorney General shall always have a right of appeal from any
judgement given by the Courts of Magistrates (Malta) or by the
Court of Magistrates (Gozo) in respect of proceedings for any
offence against this Act or any regulations made by virtue of this
Act.
(8) The punishments provided in this Act shall apply unless
the fact constitutes a more serious offence under the Criminal Code
or any other law, in which case the provision of the Criminal Code
or of such other law shall apply.
(9) Notwithstanding the provisions of the Criminal Code
proceedings for an offence under this Act may be commenced at
any time within six years from the commission of the offence.
PART IX 
Saving
Saving. 39. Any regulations made under the Factories Ordinance *  and
saved under the Occupational Health and Safety (Promotion) Act † ,
hereinafter called "the repealed Act", as well as any regulations
made under the repealed Act, shall continue in force and have
effect as if made under this Act, and may be amended or repealed
accordingly, and the provisions of article 38 shall apply to any
contravention of such regulations as if they were regulations made
under this Act:
Provided that the term "factory" in any such regulation
made under the Factories Ordinance or under the repealed Act, and
continued in force as aforesaid, shall be construed as if it were the
term "workplace" and shall have the same meaning assigned to the
term "workplace" in article 2 and any references in the said
regulations to the Ordinance or to the repealed Act shall be
construed as a reference to this Act.
*Repealed by Act VII of 1994.
†Repealed by this Act.
