                     EXPLOSIVES    [ CAP. 33.         1
CHAPTER 33
 EXPLOSIVES ORDINANCE
To amend and consolidate the laws relating to explosives.
15th July, 1904
ORDINANCE XII of 1904, as amended by Ordinances IV of 1920 and XL of 1940; Acts
XXXV of 1949 and XXVII of 1955; Ordinances XVIII of 1960, XVII of 1961 and XXV of 1962;
Legal Notices 4 of 1963 and 46 of 1965; and Acts LVIII of 1974, XXII of 1976, XI of 1977,
XLIX of 1981, XIII of 1983, VIII of 1990 and III of 2002.
ARRANGEMENT OF ORDINANCE
Articles
Short Title and Interpretation  1-2 
Part I  Explosives  3-26 
Part II  Penal Provisions  27-34
Part III General Provisions  35-49
Transitory Provisions  50
  2        CAP. 33.]             EXPLOSIVES
Short title. l. The short title of this Ordinance is the Explosives
Ordinance.
Interpretation. 
Amended by:
IV. 1920.2;
XLIX. 1981.4 .
2. In this Ordinance -
"Commissioner of Police" means the officer holding that
appointment, as well as any person having an express or implied
authority to act for the said Commissioner in carrying into effect
the provisions of this Ordinance;
the word "explosive" means - 
gunpowder, nitroglycerine, dynamite, gun-cotton, blasting-
powders, fulminate of mercury or of other metals, coloured fires,
chlorate of potash, chlorate of barium, and every other substance
whether similar to those above mentioned or not, used or
manufactured with a view to producing a practical effect by
explosion or a pyrotechnic effect; and includes fog-signals,
fireworks, fuses, rockets, percussion caps for mines, detonators,
cartridges, ammunition of all descriptions and every adaptation or
preparation of an explosive as above defined;
Cap. 9.
the words "fine" ( ammenda  or  multa ), "detention" and "imprison-
ment" indicate the punishments referred to under those names in
the Criminal Code;
the word "gunpowder", when used alone, does not include any
other explosive;
"inhabited place" means any place in which there is an
aggregation of houses inhabited, or capable of being inhabited, by
more than one hundred persons;
"sale" includes any exchange of things and any  datio in solutum ;
"shop" means any place in which goods are sold, or in which a
trade or an art is carried on;
"street" means any street, road, lane, square, or other public
thoroughfare, even though it forms part of any fortification. 
PART I
E XPLOSIVES
Licence for the 
introduction of 
explosives into 
Malta.
Conditions.
3. (1) No person shall introduce into Malta gunpowder or
other explosives or establish or keep any gunpowder factory or
firework factory or any other factory in which explosive powders
or other explosives are manufactured, without a licence from the
Commissioner of Police. Such licence shall not be granted unless
the necessary precautions for protecting life and property have been
taken.
Manufacture of 
explosives.
(2) No person shall manufacture gunpowder or carry out any
process of such manufacture except at a gunpowder factory
licensed under this Ordinance, nor shall any person manufacture
fireworks, or explosive powders or other explosives except at a
firework factory, or other factory for the manufacture of explosive
                     EXPLOSIVES    [ CAP. 33.         3
powders, or other explosives, licensed under this Ordinance:
 Provided that nothing in this article shall apply to the making of
a small quantity of gunpowder or other explosives for the purpose
of chemical experiment, and not for other use or for sale.
Precautions for the 
establishment of 
gunpowder 
factories or similar 
factories.
Amended by: 
IV. I920.3; 
XL. 1940.4 ( 1 ) ;
XVIII. 1960.2.
4. The following precautions shall be required to be observed
to the satisfaction of the Commissioner of Police in every case in
which a gunpowder factory or other similar factory is established:
( a ) that the factory shall be at a distance of not less than
one hundred and eighty-three metres from - 
(i) any inhabited place;
(ii) any street which may be used regularly for the
passage of motor vehicles; or
(iii) any other street within one hundred and eighty-
three metres of which it would not be advisable,
in the opinion of the Commissioner of Police,
after consultation with the Director of Public
Works, to establish such a factory;
( b ) that the factory shall be surrounded by a wall or other
solid fence of a height of not less than four metres and
provided with an efficient lightning conductor;
( c ) that there shall be a magazine for the storage of
gunpowder or other explosives at a sufficient distance
from the factory buildings;
( d ) that separate buildings at a convenient distance from
each other shall be used for each process of
manufacture;
( e ) that no work shall be done at night or by artificial light
or during a thunderstorm or when the state of the
weather is such as to give reason to believe that a
thunderstorm is imminent;
( f ) that any gunpowder or other explosives which are
manufactured shall be removed to the magazine within
twenty-four hours.
Quantity of 
explosives 
allowed.
Amended by:
III. 2002.160.
5. No gunpowder or other explosive shall be kept in the
premises in respect of which a licence under article 3 has been
granted, in a greater quantity than is specified in the licence; such
quantity shall in no case exceed that quantity as may be prescribed
by regulations made by the Minister responsible for the police.
Dynamite, gun-
cotton, fulminates, 
etc. 
Amended by: 
IV. 1920.4; 
XXXV. 1949.2;
XXVII. 1955.2 .
6. (1) No quantity of dynamite, gun-cotton, fulminate of
mercury or other fulminates, picrates, substances having
nitroglycerine as their principal component part, or other
substances which, when mixed together or alone, may produce
effects similar to those produced by dynamite or any of the
substances mentioned in article 2, shall be used, sent, or delivered
by the manufacturers or retailers except to public authorities, or to
persons authorised by a permit signed by the Commissioner of
Police to make purchases thereof in such quantities as are
prescribed in the permit.
  4        CAP. 33.]             EXPLOSIVES
(2) In any such case, the manufacturer or retailer shall, at the
time of the sale or delivery, state on the permit the quality and the
quantity of the substances sold or delivered, and shall date and sign
such statement.
Cap. 10.
(3) Persons holding a licence from the Police under article 205
of the Code of Police Laws to carry a shotgun for the purpose of
pursuing or killing game may purchase sporting cartridges and
sporting powder for filling cartridges for the said shotgun from
retailers on presentation of the above-mentioned licence, and, in
such cases, the retailer shall enter, date and sign the statement
required by subarticle (2) on the reverse of the licence, and no other
permit shall be required for such sale or purchase.
Issue of permit. 
Amended by:
XXXV. 1949.2.
7. (1) The permit mentioned in the last preceding article shall
not be granted unless the person applying for the same proves that
he requires to use explosives in the exercise of his profession, art or
trade.
(2) Any person to whom explosives are sold or delivered by
virtue of the said permit shall take all due precaution for preventing
other persons from having access to such explosives, and shall not
sell, transfer, or deliver such explosives, without a licence from the
Police.
Entries in register. 8. (1) Manufacturers of or dealers in the substances
mentioned in article 3 shall enter in a register the quantity and
nature of the explosives which they manufacture, acquire or sell,
and the name, surname, occupation, nationality, and place of
residence of and other particulars relating to the persons to whom
the sale or the delivery is made.
Pages of register to 
be numbered and 
signed by Police.
(2) The register shall, before any entry is made therein, be
numbered and signed on each page by the Police, who shall also
note on the last page the number of pages which the register
contains.
Powers of Police. (3) The said register shall, at all times, be open to inspection by
the Police who shall also have the power to inspect the
establishments and the magazines wherein explosives are stored in
order to ascertain whether the amount shown by the entries in the
register corresponds to the amount of explosive so stored.
No sale or storage 
of gunpowder or 
explosives is 
permitted without 
licence. 
Amended by:
IV. 1920.5.
9. (1) No person shall keep for sale, or store gunpowder or
explosives without a licence from the Commissioner of Police.
(2) Such licence shall be granted subject to the condition that
the seller shall report to the Police any sale made by him as well as
the name and address of the purchaser.
Validity of licence.
Amended by:
XXXV. 1949.3.
10. (1) Such licence shall be valid only for the person named
in the licence and in respect of the place appointed therein.
(2) The amount of gunpowder and the amount and nature of the
explosives that may be kept in the place appointed in the licence
shall be specified in the licence.
                     EXPLOSIVES    [ CAP. 33.         5
Shops for the retail 
of explosives.
Amended by:
IV. 1920.6.
11. (1) With the exception of gunpowder, no explosives
containing nitroglycerine, picrates, fulminates, chlorate of potash
or similar explosives, or explosives the composition of which is not
known or is not clearly determined, shall be kept in shops licensed
for the retail of explosives.
(2) Nothing in this article shall affect the provisions of article
14.
Shops for the sale 
of gunpowder in 
inhabited places.
Amended by:
IV. 1920.7.
12. (1) The Commissioner of Police shall not grant a licence
for the keeping of more than seven kilogrammes of gunpowder in
shops in inhabited places, if the gunpowder is kept loose in boxes,
bags or barrels, or is contained in closed packages, or cardboard
boxes or similar receptacles; but he may grant a licence for the
keeping of gunpowder in quantities up to twenty-three
kilogrammes, if the gunpowder is kept completely closed in metal
cases or other receptacles equally suitable for its keeping, provided
that the gunpowder be kept in detached premises not used as a
dwelling-house, and be, if practicable, distributed in lots in
different parts of the premises.
(2) It shall be in the discretion of the Commissioner of Police
to determine in respect of which shops the licence may be granted. 
Shops not situated 
in inhabited places.
13. In the case of shops not situate in an inhabited place the
Commissioner of Police may grant a licence for the keeping of
double the quantities mentioned in the last preceding article.
Loaded cartridges.
loaded cartridges containing not more than twelve kilogrammes,
net weight, of explosive substances in retail shops situate in an
inhabited place, and not more than twenty-three kilogrammes in
retail shops not situate in an inhabited place.
Percussion caps, 
empty cartridge 
cases with caps and 
fuses.
15. Percussion caps and empty cartridge cases with caps and
fuses may be kept in any place without any restriction as to
quantity; but if gunpowder or other explosives be also stored in the
premises, dealers shall keep the percussion caps, empty cartridge
cases and fuses separate therefrom, by means of partitions.
Licence to keep or 
remove explosives. 
Amended by:
IV. 1920.8; 
XL. 1940.4  ( 2 ) .
16. No person shall, without a licence from the Police, keep in
any place under his control, or convey from one place to another on
his account or on account of any other person, gunpowder or other
explosives in quantities exceeding five kilogrammes:
  Provided that where the place for the keeping of gunpowder or
other explosives is a dwelling-house, a licence shall be required for
quantities exceeding one and one-half kilogrammes in weight and
such licence shall not be granted unless the dwelling-house is a
detached dwelling-house and situated at a safe distance from any
other inhabited place and is itself either not inhabited by any person
or inhabited only by the family of the applicant:
  Provided also that in the case of dynamite and other substances,
the principal component part of which is nitroglycerine, fulminates
or chlorate of potash, a licence shall always be required for keeping
or conveying any quantity thereof, however small.
  6        CAP. 33.]             EXPLOSIVES
Keeping of 
explosives.
17. Explosives or very inflammable substances shall in all
cases be kept in fire-proof receptacles and at a safe distance from
gunpowder or from any receptacle in which gunpowder is kept.
Gunpowder how 
kept.
18. All gunpowder exceeding five hundred grammes in weight
shall be kept in a substantial case, bag, canister or other receptacle
made and closed so as to prevent the gunpowder from escaping.
Sale of gunpowder 
in street or to 
children 
prohibited. 
Amended by: 
IV. 1920.9.
19. No person shall sell or expose for sale gunpowder or other
explosives in any street, nor shall any person sell or give
gunpowder or other explosives to any child apparently under the
age of eighteen.
Sale of gunpowder 
to be in closed 
packages labelled.
20. No person shall sell gunpowder exceeding five hundred
grammes in weight, except in a substantial case, bag, canister or
other receptacle made and closed so as to prevent the gunpowder
from escaping, and with the words " Gunpowder / Porvli " in
conspicuous characters affixed to the outermost receptacle
containing such gunpowder.
Rules as to packing 
for conveyance of 
gunpowder.
21. The following rules shall be observed in the conveyance of
gunpowder:
( a ) gunpowder in quantities not exceeding two
kilogrammes shall be conveyed in receptacles of the
description mentioned in article 18;
( b ) gunpowder in quantities exceeding two kilogrammes
shall be conveyed either in a single package or a
double package.
    A single package shall be a box, barrel, or other case
of such strength, construction and character that it will
not be broken or accidentally opened or become
defective or insecure whilst being conveyed, and will
not allow the gunpowder to escape. If the gunpowder
is conveyed in a double package, the inner package
shall be a substantial case, bag, canister or other
receptacle made and closed so as to prevent the
gunpowder from escaping, and the outer package shall
be a box, barrel or other receptacle of wood or metal or
other solid material, of such strength, construction and
character that it will not be broken or accidentally
opened or become defective or insecure whilst being
conveyed and will not allow the gunpowder to escape;
( c ) the interior of every package shall be kept free from
grit and otherwise clean;
( d ) no other substance shall be put in the same package
containing the gunpowder;
( e ) no iron or steel shall be used in the construction of any
such package, unless the same is covered with tin, zinc
or other suitable material so as effectually to prevent
the exposure of such iron or steel;
( f ) the amount of gunpowder in any single package, or, if
there is a double package, in any one outer package,
shall not exceed forty-five kilogrammes;
                     EXPLOSIVES    [ CAP. 33.         7
( g ) on every outer package there shall be affixed the words
" Gunpowder / Porvli " in conspicuous characters.
Power of Minister 
responsible for the 
Police to make 
regulations.
Substituted by:
XXVII. 1955.3.
Amended by: 
L.N. 4 of 1963; 
XI. 1977.2; 
XLIX. 1981.6; 
XIII. 1983.5.
22. (1) The Minister responsible for the Police may make,
and, when made, amend, repeal or re-enact regulations for the
control, restriction or prohibition of the importation, manufacture,
preparation, storage, keeping, conveyance, handling, distribution
and use of explosives, and in particular but without prejudice to the
generality of the foregoing power, may make regulations for all or
any of the following purposes:
( a ) for the construction, lay-out, materials and internal
and external fittings of gunpowder factories, fireworks
factories, or other factories, magazines, store or shops,
whether ashore or afloat, in which explosives are
prepared, kept, or sold, as well as for any other
precautions to be observed in such places;
( b ) for the qualifications as to age, health, previous
conduct, technical ability, and such other respects as
may be prescribed in the regulations, and for the
obligations of persons who own or who are employed
in or have access to the said factories, magazines,
stores or shops, or are the licensees thereof, or who are
in any way concerned in the conveyance,
manipulation, ignition or setting-off of explosives,
including the requirement that any licence granted for
the keeping of an explosives factory shall be subject to
the taking out, at the expense of the licensee, of a
policy of insurance, whether individual or collective,
covering every employee and every person having
access to the said factory as a voluntary worker against
death or permanent disablement arising out of and in
the course of his work in a sum of not less than one
thousand liri;
( c ) for any incidental and supplementary matters for
which the Minister responsible for Police thinks it
expedient for the purposes of the regulations to
provide.
Cap. 446. 
Cap. 9.
(2) Regulations made under this article may provide that, in
respect of offences under any one or more regulations or under any
one or more classes of regulations, the provisions of the Probation
Act, or of article 21 of the Criminal Code shall not apply.
Appointment of 
committee.
Amended by:
L.N. 46 of 1965; 
LVIII. 1974.68.
23. (1) The President of Malta may appoint a committee
consisting of three experts to assist the authorities in carrying out
the foregoing provisions of this Part.
(2) It shall be lawful for any member of such committee and for
any Police officer not inferior in rank to sub-inspector, to enter any
of the places referred to in article 5 in order to satisfy himself that
the foregoing provisions are being complied with, and also to enter
any other place in which the Police have reasonable cause to
believe that gunpowder or any other explosive is kept or that
  8        CAP. 33.]             EXPLOSIVES
gunpowder, explosives or fireworks are manufactured, in
contravention of this Ordinance.
Discharge of 
petards, bombs, 
etc.
24. (1) No person shall, without a licence from the Police, set
fire to or let off petards, bombs, rockets, or other fireworks
whatsoever, or fire-balloons, or generally cause any explosion or
make any fire which may cause danger, in any place whatsoever.
(2) No person shall, without a licence from the Police,
discharge firearms in or in the neighbourhood of any inhabited
place, or in any public street or in any harbour.
(3) The issue of the licence mentioned in subarticle (1) shall be
subject to the condition that the said operations shall be carried out
in an enclosed place, and, on the occasion of festivals or other
public gatherings, at such a distance from the crowd as to avoid
danger of accidents.
(4) Where an offence against the provisions of subarticle (1) is
committed and the offender is not known, the lessee or the occupier
of the building in which the offence is committed, or if the building
is not inhabited, the person having the management or control of
such building, shall be answerable for the offence, provided he
could have prevented the commission thereof.
Setting fire to 
stubble, etc., in 
fields.
25. (1) No one shall set fire to any stubble in any field at a
distance less than ninety-two metres from any house, building,
plantation, stack of corn, straw, or forage, or any other deposit of
combustible materials.
(2) Any person making any such fire beyond the distance
mentioned above, shall take all the necessary precautions for the
safety of the property of others, and shall attend personally and
with a sufficient number of persons, until the fire is put out.
Use or possession 
of explosives for 
fishing purposes.
Added by:
IV. 1920.10.
26. It shall not be lawful for any person, at any time or in any
place, to make use of or keep in his possession explosives for
fishing purposes.
PART II 
P ENAL  P ROVISIONS
Penalty for 
introducing, etc., 
explosives,
Amended by:
XXVII. 1955.4;
XIII. 1983.5.
27. Whosoever shall commit an offence against the provisions
of article 3 shall, on conviction, be liable to imprisonment for a
term not exceeding six months or to a fine ( multa ) of not less than
twenty liri and not more than two hundred liri, or to both such
imprisonment and fine.
for suffering 
building to be used 
for the storage of 
explosives,
28. The same punishment shall be awarded to any person who
shall knowingly suffer any building of which he is the occupier, or
of which he has the control or management, to be used for the
storage or manufacture of gunpowder, explosives, or fireworks in
contravention of the provisions of this Ordinance.
                     EXPLOSIVES    [ CAP. 33.         9
for keeping, etc., 
explosives,
Amended by: 
IV. 1920.11;
XXVII. 1955.5;
XIII. 1983.5.
29. Whosoever, in contravention of the provisions of Part I of
this Ordinance shall keep in his house or in any other place, or shall
prepare, sell, or offer for sale, or deliver to unauthorized persons,
gunpowder or any of the other substances referred to in article 6,
shall, on conviction, be liable to imprisonment for a term not
exceeding six months or to a fine ( multa ) of not less than twenty liri
and not more than two hundred liri, or to both such imprisonment
and fine.
for conveying 
explosives,
Amended by:
XXVII. 1955.6;
XIII. 1983.5.
30. Whosoever, in contravention of the provisions of Part I of
this Ordinance, shall convey from one place to another gunpowder
or explosives, shall, on conviction, be liable to imprisonment for a
term not exceeding one month or to a fine ( multa ) of not less than
ten liri and not more than fifty liri, or to both such imprisonment
and fine.
for contravening 
regulations,
31. Whosoever shall commit an offence against the regulations
made under article 22, shall, on conviction, be liable to the
punishment laid down in article 30 if the offence is against any of
the regulations relating to the conveyance of gunpowder or
explosives, or to the punishment laid down in article 29 if the
offence is against any of the regulations relating to any of the other
matters referred to in article 22.
for obstructing 
entry of officers,
32. Whosoever, in the cases referred to in article 23(2) or in the
regulations made under this Ordinance, shall in any way obstruct
the members of the committee, or the Police officers mentioned in
that article, in affecting an entrance into the places and for the
purposes therein stated, shall, on conviction, be liable to a fine
( ammenda ) or to imprisonment for a term not exceeding one month.
for setting fire to or 
letting off petards, 
etc., 
Amended by: 
XXVII. 1955.7; 
XXXI. 1967.37.
33. (1) Whosoever shall commit an offence against the
provisions of article 24 shall, on conviction, be liable to the
punishment laid down in article 29.
for settings fire to 
stubble in fields,
(2) Whosoever shall commit an offence against the provisions
of article 25 shall, on conviction, be liable to a fine ( ammenda ) of
not less than fifty cents, and, in serious cases, to detention for a
period of not less than three days in addition to such fine.
for using 
explosives for 
fishing purposes.
Added by: 
IV. 1920.12.
Amended by:
XLIX. 1981.4.
34. Whosoever shall commit an offence against the provisions
of article 26 shall, on conviction, be liable to imprisonment for a
term from one to nine years.
  10        CAP. 33.]             EXPLOSIVES
PART III 
G ENERAL  P ROVISIONS
Extension of 
definition of 
"explosive" to 
other explosive 
substances.
Amended by: 
L.N. 4 of 1963.
35. The Minister responsible for the Police may by order
declare that any substance which appears to him to be specially
dangerous to life or property by reason of its explosive properties,
or of any process in the manufacture thereof being liable to
explosion, shall be deemed to be an explosive within the meaning
of this Ordinance, and the provisions of this Ordinance (subject to
such exceptions, limitations, and restrictions as may be specified in
the order) shall accordingly extend to such substance in like
manner as if it were included in the term "explosive" in this
Ordinance.
Persons carrying 
on certain 
processes to be 
deemed 
manufacturers.
36. Any person who carries on any of the following processes,
namely, the process of dividing into its component parts or
otherwise breaking up or unmaking any explosive, or making fit for
use any damaged explosive, or the process of remaking, altering or
repairing any explosive, shall be subject to the provisions of this
Ordinance as if he manufactured an explosive.
Definition and 
classification of 
explosives by order 
of the Minister 
responsible for the 
Police. 
Amended by: 
L.N. 4 of 1963.
37. (1) It shall be lawful for the Minister responsible for the
Police from time to time by order to define, for the purposes of this
Ordinance, the composition, quality and character of any explosive
and to classify explosives.
(2) Where the composition, quality or character of any
explosive has been so defined by the Minister responsible for the
Police, any article alleged to be such explosive which differs from
such definition in composition, quality or character, whether by
reason of deterioration or otherwise, shall not be deemed, for the
purposes of this Ordinance, to be the explosive so defined.
Regulations and 
orders to be 
published in 
Government 
Gazette.
Substituted by:
XXVII. 1955.8.
Amended by:
XVII. 1961.2; 
XXV. 1962.2; 
L.N. 4 of 1963;
XLIX. 198l.6.
38. All regulations or orders made by the Minister responsible
for the Police under this Ordinance shall be published by a notice in
the Government Gazette, and shall come into operation on the date
of such publication or such other date as may be made in such
regulations or orders.
Offences to be 
classed as 
contraventions.
Amended by. 
XL. 1940.4 ( 3 ) ;
XLIX. 1981.4. 
Cap. 9.
39. (1) Any offence against any of the provisions of this
Ordinance or of any regulations made thereunder with the
exception of the offence under article 26 shall, for the purposes of
the Criminal Code, fall into the class of contraventions, even where
the punishment laid down in the foregoing articles is higher than
those laid down in the said Code for contraventions.
(2) The provisions of the said Code relating to the punishments
of "fine" ( ammenda  or  multa ), "detention" and "imprisonment",
shall be applicable to the same when they are awarded under the
provisions of this Ordinance.
                     EXPLOSIVES    [ CAP. 33.         11
Forfeiture of 
corpus delicti,  etc. 
Amended by: 
IV. 1920. 13; 
XL. 1940.4  ( 4 ) .
Substituted by:
XXVII. 1955.9.
40. (1) Where any offence against this Ordinance or of any
regulations made thereunder is proved to have been committed, the
" corpus delicti ", the instruments, including any vehicle or vessel
used or intended to be used in the commission of the offence, as
well as any substance or thing produced by the offence shall be
forfeited unless some person, who has not taken part in the offence,
has a lawful claim to such instruments, vehicles, vessel, substances,
or things and brings forward such claim within four working days
from the day on which the judgment by which the offence is
declared to have been committed becomes definitive.
(2) Notwithstanding anything contained in the preceding
subarticle or in any other provision of law, in any criminal
proceedings against any person for an offence against the
provisions of this Ordinance or of any regulations made thereunder,
the court, immediately after the reading of the charge or of the
Police report or at any time thereafter, if it is satisfied that any
explosive connected with the proceedings cannot be preserved for
the duration of the proceedings without danger to persons or
property, shall order the destruction of any such explosive under
such expert supervision as it may deem expedient in the
circumstances provided that in any such case the court will take all
necessary steps to describe the aforesaid explosive and the state
thereof.
Cap. 9.
Code where the document discovered consists of any explosives
and it is shown to the satisfaction of the court that the provision of
the said article regarding the preservation of the explosive cannot
in any way be applied without danger to persons or property, the
court shall proceed to order the destruction of the explosive with
the precautions specified in the preceding subarticle including
those relating to the description thereof.
Saving for higher 
punishments under 
other laws.
Amended by:
XXVII. 1955.10.
Cap. 9.
41. The punishments prescribed by this Ordinance or any
regulations made thereunder shall only apply when the fact does
not constitute an offence punishable with a higher punishment
under the Criminal Code, or any other law; in which case the
punishment laid down in that Code or other law shall apply.
Proceedings for 
offences against 
this Ordinance.
Amended by: 
IV. 1920.14; 
XXVII. 1955.10;
VIII. 1990.3.
42. Except in the case of the offence referred to in article 26,
any proceedings for an offence against this Ordinance or any
regulations made thereunder, shall be instituted by the Police in the
Court of Magistrates (Malta) when the offence is committed in
Malta, and in the Court of Magistrates (Gozo) when the offence is
committed in Gozo or Comino.
Damages.
arising from any offence under the same shall be recoverable by the
injured party as a civil debt.
Second conviction 
for a like offence.
Amended by:
XXVII. 1955.11.
44. Where a person convicted of an offence against the
provisions of this Ordinance, or of any regulations made
thereunder, shall, within three months from the day on which the
punishment has been undergone or remitted, commit a second like
offence, he shall, if the offence is punishable with a fine ( ammenda
or  multa ), be liable to double the amount of such fine in addition to
  12        CAP. 33.]             EXPLOSIVES
detention, or, if the offence is punishable with detention or
imprisonment, to any of such punishments increased by one degree.
Third or 
subsequent 
conviction for a 
like offence.
Amended by: 
IV. 1920.15.
45. In the case of a third or subsequent conviction for a like
offence committed by any shop-keeper, vendor, or other person
exercising any art, trade, or other calling in virtue of a licence
granted by any public authority, if the offence is in connection with
the exercise of such trade, art or other calling, the licence shall be
withdrawn.
Power of the court 
to order removal of 
nuisance.
Amended by:
XXVII. 1955.11;
XIII. 1983.5.
46. In case of any contravention against the provisions of this
Ordinance or of any regulations made thereunder the court, besides
awarding punishment, shall order the offender, where the occasion
so requires, to remove any nuisance arising from the contravention,
or, according to circumstances, to carry out the law within a time,
sufficient for the purpose, to be fixed by the court: and if the
offender fails to comply with any such order within the time so
fixed, he shall be liable to a fine ( ammenda ) not exceeding two liri
for every day during which the nuisance or non-compliance with
the law continues after the expiration of the said time.
Removal of 
nuisance by Police.
47. The court may also order that the nuisance be removed, or
that the law be carried out, by the Police at the expense of the
offender, in which case he may, under a warrant issued by the said
court, be made to refund such expense.
Insanity or absence 
of offender.
48. (1) Where the offender is, on account of mental disease or
other illness, unable to appear in court, or is absent from Malta or
has absconded, and the Commissioner of Police certified on oath
that it is urgently required that the nuisance caused by the offence
be abated, or that the law be otherwise enforced, the court shall
order the summons to be served, in either of the first two cases, on
the lawful representative, or the person having the custody of the
offender, and in the other cases, or if the offender, being insane, is
not under the care of any person, on the husband or wife, or on a
near relation by consanguinity or affinity of the offender or on the
person, if any, entrusted with the management of his property.
(2) In any such case, if the offence is proved, the court shall
apply the provisions of article 46 or of article 47; provided that
where there be room for the application of any punishment against
the offender who is insane or absent, the court shall adjourn the
case until he is fit to stand trial or until his return.
Non-applicability 
of Ordinance.
Substituted by:
XXII. 1974.4.
* 49. The provisions of this Ordinance shall not apply to the
Armed Forces of Malta.
*Reference to the Visiting Forces Act, 1966, has been omitted in view of the repeal of
that Act by Act IX of  1982.
                     EXPLOSIVES    [ CAP. 33.         13
TRANSITORY PROVISIONS
Regulations made 
under former law.
Amended by: 
L.N. 46 of 1965;
LVIII. 1974.68.
50. Any regulations made by the competent authority in
pursuance of the powers conferred by any of the enactments
repealed by this Ordinance *  and which are not inconsistent with the
provisions of this Ordinance shall remain in force until new
regulations are made in substitution therefor, under this Ordinance. 
*The repealing provisions are omitted under the Statute Law Revision Ordinance,
1936 and the Statute Law Revision Act, 1980.
