A registered consumer association is a consumer association which satisfies the Council that it complies with the following requirements:
(a) that the association has a minimum paid up membership of one hundred members of majority age who are citizens of Malta or permanent residents;
(b) that the statute of the association states in substance that the principal object of the association is to promote consumer protection, and to guide, inform and educate consumers;
(c) that the statute makes provision for the association to be managed by persons freely elected by the members of the association in an election which is held at least once every calendar year;
(d) that the association does not have the making of profit as one of its objects; and
(e) that the association is independent of any other association, organisation or grouping whose principal object is not the protection of consumers.
Application for recognition.
(1) Any consumer association wishing to be recognised as a registered consumer association shall submit to the Council the following:
(a) an application on the appropriate form issued under the authority of the Council;
(b) a complete updated copy of its statute duly certified by the person who holds the most senior executive post with the association;
(c) a list of the association’s members including their respective addresses and the legally valid identification document numbers; and
(d) the official address of the association.
The Council shall at its earliest opportunity examine and verify whether the association satisfies the requirements laid down in the Consumer Affairs Act
Where these requirements are satisfied, the Council shall register the applicant as a registered consumer association, and shall issue a certificate to the association confirming the registration of the said association and the date thereof.
Where the Council determines that an association does not satisfy the requirements for registration, it shall within fourteen days from the date of its decision give notice thereof in writing to the applicant giving the grounds for such a decision.
The Council may refuse to register a consumer association under a name or designation which it considers to be offensive or otherwise undesirable.
A certificate issued by the Council to the effect that a particular consumer association is a registered consumer association which complies with all the requirements laid down in the law. It shall be valid and conclusive evidence of the fact for all intents and purposes of law.
No fees shall be charged in connection with the registration of a consumer association with the Council.
Register for Consumer Associations
The Council shall keep a register of all registered consumer associations, stating their names, dates of registration, number of members and any other particulars the Council may deem appropriate.
The register shall be open to inspection by any person free of charge at any time and place as may be determined by the Council: Provided that the identity of the members of a registered consumer association shall not be open to public scrutiny. Obligation to keep records of members.
Every registered consumer association shall keep a fully updated record of the names, addresses and the legally valid identification document numbers of its members.
Obligation to submit information to Council.
A registered consumer association shall submit to the Council all such returns and information on its membership and activities as the Council may from time to time require. Without prejudice to the foregoing, each registered consumer association shall in every calendar year not later than the end of March lodge with the Council a return of its membership as at the 31st December of the previous year.
A registered consumer association shall provide the Council with a copy of any amendments to its statute, which copy must be duly certified by the person holding the most senior executive post with the association. Any such amendment must be notified to the Council within fourteen days of its approval by the said association.
As soon as practicable after the lapse of each successive calendar year but not later than the end of May of each year, the Council shall publish for general information in the Gazette a list of the registered consumer associations duly registered as on the 31st December of the previous year.
Any person who knowingly or recklessly makes a false or misleading statement or declaration or otherwise gives any false or misleading information to the Council under any of the provisions of the law shall, on conviction, be liable to a fine (multa) of up to two thousand three hundred and fifty euro (€2,350) or to a term of imprisonment not exceeding six months or to both such fine and imprisonment. Exemption and privileges.
Notwithstanding the provisions of any other law, a registered consumer association and any of its officials acting on its behalf shall be exempt from any liability or responsibility whether civil or criminal, in respect of any publication, statement or other communication or activity, which is bona fide and is intended solely for the better information, education or protection of consumers. Such exemption shall extend to all persons publishing, printing, recording, broadcasting or communicating such information by any means whatsoever.
For this purpose a publication, statement, communication or activity shall be deemed to be bona fide when it is not made or undertaken recklessly or maliciously, adheres to the principles of fairness and objectivity. Any person alleging bad faith by a registered consumer association shall have the burden of proving such allegations.
A registered consumer association may in its own name make reports or complaints to the competent authority on any breach of this Act, any law administered by the Director General or any such laws or regulations as the Prime Minister may from time to time determine by notice published in the Gazette.
