 PUBLIC COLLECTIONS [ CAP. 279.            1
CHAPTER 279
PUBLIC COLLECTIONS ACT
To make provision with respect to public collections for charitable and
other purposes and to provide for matters connected therewith or ancillary
thereto.
(13th March 1981) *
Enacted by ACT XVIII of 1979, as amended by Acts XIII of 1983 and VI
of 1995.
Short title.
Interpretation.
Amended by:
VI.1995.3.
2. (1) In this Act, unless the context otherwise requires -
''charitable purpose'' means any charitable, benevolent or
philanthropic purpose, whether or not the purpose is charitable
within the meaning of any other law and, without prejudice to the
generality of the aforesaid, includes in particular:
( a ) the relief of poverty;
( b ) the advancement of cultural and physical education;
( c ) the advancement of religion;
( d ) the commemoration of historical events and
personalities;
( e ) other purposes beneficial to the community;
''collection'' means an appeal to the public, or to a part or section
of the public, whether by means of visits from house to house, or by
any overt act in a street or other public place, or by means of any
advertisement, or in any other manner whatsoever, to give, whether
for consideration or not, money or other property, but does not
include -
( a ) the selling of articles in any street or other public place
when the articles are sold in the ordinary course of
trade, and for the purpose of earning a livelihood, and
no representation is made by or on behalf of the seller
that any part of the proceeds of sale will be devoted to
any charitable or similar purpose;
( b ) collections made in a church in the ordinary course for
the upkeep, embellishment or improvement thereof or
for services held therein;
( c ) collections made or organized by a  bona fide  political
party for its own use;
Cap.10.
( d ) collections made pursuant to any activity as is
mentioned in paragraph ( a ) of subsection (2) of section
194 of the Code of Police Laws and any activity as is
mentioned in paragraph ( b ) of the said subsection;
* See  subsection (2) of section 1 of the Act as originally enacted, which subsection has
been omitted under the Statute Law Revision Act, 1980, and Legal Notice 27 of 1981.
  2      CAP. 279. ]                PUBLIC COLLECTIONS
"collector" in relation to a collection, means the person who
makes the appeal in the course of visits from house to house, or in a
street or other public place, and includes a person indicated for the
collection of proceeds or who in fact receives any such proceeds;
"the Commissioner" means the Commissioner of Police and
includes any person authorised by the said Commissioner in that
behalf;
"house" includes a place of business; 
"licence" means a licence under this Act;
"Minister" means the Minister responsible for the Police; and
includes any person authorized by the said Minister in that behalf;
"prescribed" means prescribed by regulations under this Act;
"proceeds" in relation to a collection, means all money and other
property given, whether for consideration or not, in response to the
appeal made;
"promoter" in relation to a collection, means a person who causes
others to act, whether for remuneration or otherwise, as collectors
for the purposes of the collection, and includes each of the
individuals signing an application for a licence;
"public place" means any street and any other place to which the
public is admitted or has access, and, without prejudice to the
generality of the aforesaid, includes any church, any government
department and any place of public entertainment;
"street" means any street, road, alley, square, fortification or
other place of public passage, and any open air precinct to which
the public is admitted or has access.
(2) For the purposes of this Act, a collection shall be deemed to
be made for a particular purpose where the appeal is made in
association with a representation that the money or other property
appealed for, or part thereof, will be applied for that purpose.
Collections to be 
licensed.
3. (1) Subject to the provisions of this Act, no collection shall
be made unless the requirements of this Act as to a licence for the
promotion thereof are satisfied.
(2) If a person promotes a collection and a collection is made
pursuant to his promotion, then, unless there is in force, in respect
of the locality in which the collection is made and throughout the
period during which it is so made, a licence authorising him, or
authorising another under whose authority he acts, to promote a
collection in the locality and for the purpose for which the
collection is made, such person shall be guilty of an offence.
(3) If a person acts as a collector for the purposes of a
collection, then, unless there is in force, in respect of the locality in
which and at all times when he so acts, a licence authorising a
promoter under whose authority he acts, or authorising the
collector himself, to promote a collection in the locality and for the
purpose for which the collection is made, such person shall be
guilty of an offence.
 PUBLIC COLLECTIONS [ CAP. 279.            3
Exemption.
charitable purpose in Malta and is desirous of promoting
collections for that purpose, the Minister may by order direct that
he shall be exempt from the requirement of a licence as respects all
collections for that purpose in such localities as may be prescribed
in the order, and whilst an order so made is in force as respects
collections in any locality, the provisions of this Act shall have
effect in relation to the person exempted, to any promoter of a
collection in that locality for that purpose who acts under the
authority of the person exempted, and to a person who so acts as a
collector for the purposes of any such collection, as if a licence
authorising the person exempted to promote a collection in that
locality for that purpose had been in force.
(2) Any order made under this section may at any time be
revoked or varied by a subsequent order made by the Minister.
Licences.
promote, a collection in any locality for a purpose for which a
licence may be granted, makes to the Commissioner of Police an
application in the form set out in the First Schedule to this Act
specifying the purpose of the collection, the locality (if limited to a
locality) within which the collection is to be made and the other
matters indicated in the said Schedule as required, and furnishes
him with any other relevant information he may require, the
Commissioner shall, subject to the following provisions of this
section, grant to him a licence authorising him to promote a
collection within the locality and for the purpose indicated in the
licence, and subject to such other conditions as may be contained in
the licence.
(2) No licence shall be granted except for a charitable purpose
or for a purpose approved by the Minister, and no licence shall be
granted unless the application therefore is signed by at least three
individuals.
(3) A licence shall be granted for such period, not being longer
than twelve months, as may be specified in the licence, and shall,
unless it is previously revoked, remain in force for the period so
specified.
(4) The Commissioner may refuse to grant a licence, or, when a
licence has been granted, may revoke it, if it appears to him - 
( a ) that the total amount likely to be applied as a result of
the collection (including any amount already so
applied) for the purposes for which the licence is to be,
or has been, granted is inadequate in proportion to the
value of the proceeds likely to be received (including
any proceeds already received);
( b ) that remuneration which is excessive in relation to the
total amount aforesaid is likely to be, or has been,
retained or received out of the proceeds of the
collection by any person;
  4      CAP. 279. ]                PUBLIC COLLECTIONS
Cap. 9.
( c ) that the grant of a licence would be likely to facilitate
the commission of an offence under paragraph ( w ) or
( x ) of section 338 of the Criminal Code, or that an
offence under those provisions has been committed in
connection with the collection;
( d ) that the applicant or the holder of the licence is not a
fit and proper person to hold a licence;
( e ) that the applicant or the holder of the licence has
committed an offence against this Act or against any
regulations made thereunder;
( f ) that the applicant or the holder of the licence, in
promoting a collection in respect of which a licence
has been granted to him, has failed to exercise due
diligence to secure that persons authorised by him to
act as collectors for the purposes of the collection were
fit and proper persons to secure compliance on the part
of persons so authorised with the provisions of this Act
and of regulations made thereunder, or to prevent
prescribed badges or prescribed certificates of
authority being obtained by persons other than persons
so authorised; or
( g ) that the applicant or holder of the licence has refused
or neglected to furnish to the Commissioner such
information as he may have reasonably required for
the purpose of informing himself as to any of the
matters specified in the foregoing paragraphs of this
subsection.
(5) When the Commissioner refuses to grant a licence or
revokes a licence which has been granted, he shall give written
notice to the applicant or holder of the licence giving reasons for
the refusal or revocation and informing him of his right of appeal
under this section; and the applicant or holder of the licence may
thereupon appeal to the Minister against the refusal or revocation
of the licence, as the case may be, and the decision of the Minister
shall be final.
(6) The time within which any such appeal may be brought
shall be fourteen days from the date on which notice is given under
subsection (5) of this section.
(7) If the Minister decides that the appeal shall be allowed, the
Commissioner shall forthwith issue a licence or cancel the
revocation, as the case may be, in accordance with the decision of
the Minister.
Information with 
respect to 
proceeds, 
expenses, etc. 
Amended by: 
XIII. 1983. 5.
6. (1) Without prejudice to any other requirements of any
regulations made under this Act, the promoter of any collection
shall - 
( a ) within one month after the last day of the collection or
the day on which the licence expires, whichever is the
earlier, publish in any two local newspapers a
statement made in all respects as required by this
section and showing:
 PUBLIC COLLECTIONS [ CAP. 279.            5
(i) the name of the promoter;
(ii) the purpose of the collection and the names of
the intended beneficiaries therefrom;
(iii) the total proceeds of the collection;
(iv) the total amount of the expenses incurred; and 
( b ) within five weeks from either of the days aforesaid,
whichever is the earlier, deliver to the Commissioner a
statement made in the form set out in the Second
Schedule to this Act and otherwise in all respects as
required by this Act and containing the information
therein indicated as required, certified as correct by
the promoter or, when the promoter is a body of
persons, by an individual acting in the name and on
behalf of the promoter, together with newspaper
cuttings showing that the publication required by
paragraph ( a ) of this subsection has been effected.
(2) Where the total proceeds of a collection exceeds five
hundred liri the statements required to be published or delivered
under subsection (1) of this section shall be certified as correct and
signed by a duly qualified auditor who has had no connection with
the collection.
(3) Any promoter who fails to comply with any of the
foregoing provisions of this section shall be guilty of an offence.
Regulations.
anything which by this Act is required or authorised to be
prescribed, for regulating the manner in which collections, in
respect of which licences have been granted or orders have been
made under section 4 of this Act, may be carried out and the
conduct of promoters and collectors in relation to such collections.
(2) The Minister may also, by regulations made under
subsection (1) of this section, amend the Schedules to this Act and,
without prejudice to the generality of the powers conferred by the
foregoing provisions of this section, any regulations made as
aforesaid may make provision for all or any of the following
matters, that is to say -
( a ) for requiring and regulating the use by collectors of
prescribed badges and prescribed certificates of
authority, and the issue, custody, production and
return thereof, and in particular for requiring
collectors on demand by a Police officer or by any
occupant of a house visited to produce their
certificates of authority;
( b ) for requiring that the prescribed certificates of
authority of the collectors shall be authenticated in a
manner approved by the Commissioner and that their
prescribed badges shall have inserted therein or
annexed thereto in a manner and form so approved a
general indication of the purpose of the collection;
( c ) for prohibiting persons below a prescribed age from
  6      CAP. 279. ]                PUBLIC COLLECTIONS
acting, and others from causing them to act, as
collectors;
( d ) for preventing annoyance to occupants of houses
visited by collectors or to persons in any street or other
public place;
( e ) for requiring prescribed information with respect to
any matter connected with the collection to be
furnished, in the case of licensed collections to the
Commissioner, and in the case of collections in respect
of which an order has been made under section 4 of
this Act to the Minister, and for requiring the
information given to be vouched and authenticated in
such manner as may be prescribed.
(3) Any person who contravenes or fails to comply with any of
the provisions of a regulation made under this Act shall be guilty of
an offence.
Unauthorised use 
of badges, etc.
8. If any person, in connection with an appeal made by him to
the public in association with a representation that the appeal is for
a charitable purpose, displays or uses - 
( a ) a prescribed badge or a prescribed certificate of
authority, not being a badge or certificate for the time
being held by him for the purposes of the appeal
pursuant to regulations made under this Act; or
( b ) any badge or device or any certificate or other
document so nearly resembling a prescribed badge or,
as the case may be, a prescribed certificate of authority
as to be calculated to deceive,
shall be guilty of an offence.
Collector to give 
name, etc., to 
Police on demand.
9. A Police officer may require any person whom he believes
to be acting as a collector for the purposes of a collection to declare
to him immediately his name and address and to sign his name, and
if a person fails to comply with a requirement duly made to him
under this section, he shall be guilty of an offence.
Penalties. 
Amended by: 
XIII. 1983. 5.
10. (1) Any promoter guilty of an offence under subsection
(2) of section 3 of this Act shall be liable on conviction to
imprisonment for a term not exceeding six months or to a fine
( multa ) not exceeding five hundred liri, or to both such
imprisonment and fine.
(2) Any collector guilty of an offence under subsection (3) of
section 3 of this Act shall be liable on conviction, in the case of a
first conviction to a fine ( multa ) not exceeding twenty liri and in
the case of a second or subsequent conviction to imprisonment for a
term not exceeding three months or to a fine ( multa ) not exceeding
two hundred liri, or to both such imprisonment and fine.
(3) Any promoter guilty of an offence under subsection (3) of
section 6 of this Act shall be liable on conviction, in the case of a
first conviction to a fine ( multa ) not exceeding two hundred liri and
in the case of a second or subsequent conviction to imprisonment
for a term not exceeding six months or to a fine ( multa ) not
 PUBLIC COLLECTIONS [ CAP. 279.            7
exceeding five hundred liri or to both such imprisonment and fine.
(4) Any person guilty of an offence under subsection (3) of
section 7 of this Act shall be liable on conviction to a fine ( multa )
not exceeding fifty liri.
(5) Any person guilty of an offence under section 8 of this Act
shall be liable on conviction to imprisonment for a term not
exceeding six months or to a fine ( multa ) not exceeding five
hundred liri, or to both such imprisonment and fine.
(6) A person guilty of an offence under section 9 of this Act
shall be liable on conviction to a fine ( multa ) not exceeding twenty
liri.
(7) If any person in furnishing any information or certifying
any matter for the purposes of this Act knowingly or recklessly
makes a statement false in a material particular, he shall be guilty
of an offence and shall be liable on conviction to imprisonment for
a term not exceeding six months or to a fine ( multa ) not exceeding
five hundred liri, or to both such imprisonment and fine.
  8      CAP. 279. ]                PUBLIC COLLECTIONS
SCHEDULES 
FIRST SCHEDULE 
[S E C T I O N  5 (1)]
APPLICATION FOR A LICENCE
1. Names and addresses of applicants (1) ................................................ 
(2) ................................................
(3) ................................................
2. Name and address of society,
committee or other body organizing
or otherwise responsible for the
collection
.....................................................
.....................................................
.....................................................
3. Purpose of the collection  .....................................................
4. Particulars of the beneficiaries of the
collection, including - 
( a ) names of Charities, Funds, etc.,
expected to benefit from the
collection
.....................................................
..................................................... 
( b ) their addresses .....................................................
( c ) their objects .....................................................
( d ) the name and address of their
Secretary or other responsible
official
.....................................................
.....................................................
5. Date or dates of duration of proposed
collection
.....................................................
6. Locality of proposed collection  .....................................................
7. Method of collection, and if by sale
of badges a sample or description
thereof .....................................................
8. Disposal of proceeds; in particular
any disposal for expenses,
remunerations or other purposes,
giving estimated amounts thereof .....................................................
9. Date of application .....................................................
10. Signature of applicants  (1) ...............................................
(2)  ................................................
  (3)  ................................................
 PUBLIC COLLECTIONS [ CAP. 279.            9
SECOND SCHEDULE
[S E C T I O N  6 (1) ( B )]
S T A T E M E N T  O F  A C C O U N T  F O R  T H E  P U R P O S E S  O F  S E C T I O N  6 O F  T H E  P U B L I C  C O L L E C T I O N S  
A C T , C A P . 279.
1. Name of promoter  .....................................................
2. Date of licence under the Act  .....................................................
3. Proceeds of Collection  Amount
 ( a ) As per list of collectors and
         respective amounts attached 
         hereto  .....................................................
 ( b ) From other sources (indicating
         the sources)                                       .....................................................
 ( c ) Donations, as in list attached 
         hereto  .....................................................
4. Expenses        Amount
 ( a ) Printing and stationery  .....................................................
 ( b ) Postage  .....................................................
 ( c ) Advertising  .....................................................
 ( d ) Badges or other emblems  .....................................................
 ( e ) Remunerations  .....................................................
 ( f ) other expenditure .....................................................
5. Disposal of Balance
(Give particulars including name of
 beneficiaries and amounts)
  Beneficiaries  Amount
..................................................... .....................................................
..................................................... .....................................................
6. Date of Statement .....................................................
7. Signature of promoters (i.e. signature  (1) ................................................
of each of the applicants for the  (2) ................................................
licence)  (3) ................................................
8. Certificate of correctness by a duly
qualified auditor as and if required by
section 6 (2) of the Act.
Name of auditor  .....................................................
Qualification .....................................................
Address  .....................................................
Certification ....................................... ..................................................... 
............................................................
Date ....................................................  Signature ......................................
