CHAPTER
294
PROTECTION OF REVENUE |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
|
Proposed variations in duty may be given
provisional statutory effect. |
Duties may be secured by bond. |
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CHAPTER 294 |
PROTECTION OF
REVENUE |
An Act to
give provisional effect to orders of the Governor-General providing for
variations in imposts and to provide for the protection of revenue likely to
accrue therefrom. | 4 of 1935
G.N. 49/1964
3 of 1964
43 of 1964
E.L.A.O., 1974
2 of 1985 |
[Commencement 18th
December, 1935] |
1. This Act may be cited as the Protection of Revenue
Act. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"imposts"
includes all duties, tax or fees levied under the Tariff Act, the Stamp
Act or anyother
Act. |
3. (1) Whenever the Minister for Finance shall inform
the Governor-General that it is his intention to give notice to the House of
Assembly that he proposes to introduce into that Chamber a Bill providing for
variations of, or amendments or additions to, the imposts imposed by any Act,
it shall be lawful for the Governor-General to provide by Order, for the period
limited by this section, and subject to the provisions of this Act that the proposed
variations, amendments or additions to the imposts set out in the notice shall
have statutory effect as if contained in an Act as from the date of the said
notice. | Proposed variations in duty may be given provisional
statutory effect. |
(2) The Order
shall cease to have statutory effect if- |
(a) the House
of Assembly is dissolved or prorogued; or |
(b) the
provisions of a Bill giving effect to such variations, amendments or additions
are rejected during the passage of such Bill in the House of Assembly: |
Provided
that if instead of being rejected, the said provisions are modified by
resolution of the House of Assembly, the Governor-General's Order under
subsection (1) shall, as from the date of such resolution and subject to the
other provisions of this subsection, have statutory effect as so modified. |
(c) an Act
comes into operation varying, amending or adding to the duties of customs; or |
(d) the Bill embodying such
variations, amendments or additions is not passed without amendment by the
Senate and under the provisions of Article 60(1) of the Constitution the House
of Assembly has resolved that the Bill should not be presented to the
Governor-General for assent. |
(3)
Section 31 of the Interpretation Act shall not apply to an Order made by the
Governor-General in pursuance of subsection (1) of this section. |
4. (1) As from the making of such Order by the
Governor-General, the importer of any goods in respect of which new imposts
shall have been imposed, or in respect of which the existing imposts shall have
been increased by virtue of such Order as aforesaid, instead of making payment
of such new or increased imposts, shall give a bond with one or more sufficient
sureties in the amount of such new or increased imposts with condition for the
payment of such new or increased imposts. | Duties may be secured by bond. |
(2) The bond shall
be discharged when the Order ceases to have statutory effect as provided in
subsection (2) of section 3 of this Act and upon payment of the imposts imposed
by any Act giving effect to such Order. |
5. The period for which an Order shall have statutory
force under this Act shall be a period expiring at the end of four months after
the date on which the Order is made or is expressed to take effect as the case
may be. | Duration of Order. |
6. No stamp duty shall be payable on any bond given
under this Act. | No stamp duty on bond. |