REVENUE (SAFEGUARD) ACT (safeguard)

REVENUE (SAFEGUARD)

CHAPTER 62

REVENUE (SAFEGUARD) ACT

To make provision for the Safeguard of Revenue and the Prevention of

Forestalment.

(14th May, 1928)

ACT V of 1928 as amended by Ordinance LI of 1939; Proclamation XI

of 1947; Act XXIII of 1956; Emergency Ordinance XIV of 1958;

Ordinances: XVI of 1960, XXV of 1962; Legal Notices 43 of 1962, 46 of

1965; Acts: XXXVIII of 1966, XI and XV of 1977, XXIX of 1979, XIII of

1983, XXII of 1989 and XIV of 2001; and Legal Notice 408 of 2007.

The short title of this Act is the Revenue (Safeguard) Act.

(1) Whenever notice is given by a Minister to the Clerk of

the House of Representatives of a bill having as its object the

imposition of a new duty or the increase of an existing duty, such

new duty or increase of duty shall be levied and collected by the

authority designated in the bill to be responsible for its collection

as from the day on which a Proclamation has been issued to that

effect that notice as aforesaid has been given.

(2) For the purposes of this Act the term "duty" means and

includes any tax, however called, leviable on goods or services

upon their importation, manufacture or supply as the case may be,

as well as any other tax, tribute, fee, contribution, fare or impost

and in general any revenue that may be due to the Government or to

any Corporation or Authority established by law.

(1) Any amounts collected in respect of any such new duty

or increase of duty shall be held in deposit to be passed to revenue

when the bill is finally approved, or returned to the depositor,

wholly or in part, if the bill is finally rejected or the proposed duty

decreased or if the bill is not passed within six months from the

first sitting of the House of Representatives after the notice referred

to in the last preceding article is given.

(2) The depositor in making or withdrawing, wholly or in part,

the aforesaid deposit shall be exempt from any stamp or other duty

in respect of such deposit.

(3) Interest at the rate of three per cent per annum shall be paid

on amounts exceeding in the aggregate two hundred and thirty-two

euro and ninety-four cents (232.94) deposited, under this Act, by

any one depositor and subsequently returned to such depositor.

REVENUE (SAFEGUARD)

(1) The Comptroller of Customs, hereinafter referred to as

"the Comptroller" may, during any period to which this article

applies, refuse to allow the delivery of goods or commodities for

home consumption from any wharf, customs verandah or bonded

warehouse in any case where delivery is demanded of amounts

exceeding the delivery which appears to him to be reasonable in the

circumstances.

(2) The Comptroller or any person having authority under any

law in connection with the collection of a duty, may likewise,

during any period as aforesaid, refuse to allow the release of any

product or the issue of any bands, stamps or certificates denoting

the payment of a duty in respect of quantities exceeding those

which appear to him to be reasonable in the circumstances.

(3)

This article shall apply -

(a) to the period in every year beginning with the first day

of October of that year and ending with the thirty-first

day of January of the next following year, or such later

date as the Minister responsible for finance may by

order in the Gazette specify;

(b) to any other period in any year, not exceeding one

month, as the said Minister may by order in the

Gazette specify.

Where in any bill as is referred to in article 2(1) a

particular procedure is established for the collection of the duty,

such duty shall, subject to the other provisions of this Act, be

collected in accordance with the procedure established in such bill.