CHAPTER 421
CONTROL OF GOODS ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
CONTROL OF GOODS, COMMODITIES AND ANIMALS

   3.   Regulations for the control of goods

   3A.   Repealed

   3B.   Repealed

   4.   Rationing of commodities and animals

PART III
SAFEGUARD MEASURES

   4A.   Interpretation of Part III

   4B.   Application, suspension, withdrawal and conduct of safeguard measures

   4C.   Constitution of Investigations Committee

   4D.   Commencement of investigation

   4E.   Application of provisional safeguard measures

   4F.   Schedule of investigations

   4G.   Constitution of Advisory Committee

   4H.   Functions of Investigations Committee and determination of conditions of safeguard measure

   4I.   Powers of Investigations Committee

   4J.   Confidentiality of information

   4K.   Conduct of investigations

   4L.   Conduct of hearing

   4M.   Determination of investigations

   4N.   Imposition of definitive safeguard measure

   4O.   Quotas as definitive safeguard measure

   4P.   Notification in the event of termination of investigation without application of safeguard measure

   4Q.   Non-application of definitive safeguard measures to certain developing countries

   4R.   Progressive liberalisation of safeguard measure

   4S.   Review of definitive safeguard measure

   4T.   Extension of definitive safeguard in relation to quotas

   4U.   Re-application of a definitive safeguard measure

   4V.   Determination to take effect within twenty days

   4W.   Regulations on safeguard measures

   5.   Evidence

   6.   Penalties

      FIRST SCHEDULE

      SECOND SCHEDULE

AN ACT

to enable the President to provide by regulation for the control of the distribution, disposal, purchase and sale, and the wholesale and retail prices of any manufactured or unmanufactured commodity or of any animal or poultry, or of any class of any such commodity, animal or poultry, for the control of imports into and exports from Zambia, and for other purposes incidental and supplementary to the foregoing.

[26th March, 1954]

Act 12 of 1954,

Act 41 of 1966,

Act 4 of 1977,

Act 26 of 1977,

Act 3 of 1979,

Act 20 of 1981,

Act 7 of 1982,

Act 13 of 1982,

Act 11 of 1991,

Act 10 of 1993,

Act 13 of 1994,

Act 25 of 1995,

Act 7 of 1997,

Act 7 of 1998,

Act 22 of 2002,

Act 12 of 2004,

GN 1 of 1964,

GN 497 of 1964.

PART I
PRELIMINARY

[Ins by s 2 of Act 22 of 2002.]

1.   Short title

This Act may be cited as the Control of Goods Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

“animal” means any animal or poultry or any class of animals or poultry;

“commodity” means any manufactured or unmanufactured commodity or any class of such commodities;

“controlled services” means garage services, services relating to household installations, and any other services which the Minister may, by Statutory Instrument declare to be controlled services;

“goods” means anything capable of being imported or exported;

“hoarding” means the accumulation or hiding of any goods or commodities or of any animals ordinarily held for commercial purposes, so as to prevent or manipulate the distribution or sale of such goods, commodities or animals to the public.

[S 2 am by GN 1 of 1964; Act 26 of 1977.]

PART II
CONTROL OF GOODS, COMMODITIES AND ANIMALS

[Ins by s 3 of Act 22 of 2002.]

3.   Regulations for the control of goods

   (1) Whenever it appears to the President necessary or expedient—

      (a)   to control the import into or export from Zambia of any goods;

      (b)   to control the distribution, disposal, purchase and sale or the wholesale or retail prices of any commodity or animal and the charges which may be made—

      (i)   for the services relating to distribution, disposal, purchase and sale of the commodity or animal, as the case may be; and

      (ii)   for the delivery of any commodity or animal, the wholesale or retail prices of which are controlled under this section;

      (c)   to prevent the hoarding of any goods, commodities or animals; and

      (d)   to regulate the charges for any controlled services;

he may, by Statutory Instrument, make such regulations as appear to him to be necessary or expedient for such purposes.

   (2) Without prejudice to the generality of the powers conferred by sub-section (1), such regulations may provide—

      (a)   for requiring persons carrying on or employed in connection with any trade, business, undertaking or enterprise specified in such regulations to produce to such person as may be so specified any books, accounts or other documents relating to that trade, business, undertaking or enterprise, and for requiring any persons to furnish to such person as may be so specified such estimates or returns as the President considers it desirable to obtain for the effectual exercise of any of his powers under this section;

      (b)   for any incidental and supplementary matters for which the President thinks it expedient for the purposes of the regulations to provide, including in particular the entering and inspection of premises to which the regulations relate by persons authorised in that behalf by the President with a view to securing compliance with the regulations.

   (3) Regulations made under this section may provide for empowering such Minister as may be specified in such regulations to make orders—

      (a)   for the control to such extent as may be specified in such regulations of the import into or export from Zambia of such goods or classes of goods as may be specified in such regulations;

      (b)   in respect of such commodities and animals as may be specified in such regulations for any of the purposes specified in paragraph (b) of sub-section (1).

Any orders made in terms of this sub-section may contain such incidental or supplementary provisions as appear to the specified Minister to be necessary or expedient for the purpose of such orders.

   (4) Regulations and orders under this section may be made so as to apply generally or to any particular trade, business, undertaking or enterprise, or class thereof, and either to the whole or to any part of any trade, business, undertaking or enterprise, and so as to have effect either throughout Zambia or in any particular area therein.

   (5) For the avoidance of doubt, it is hereby declared that the provisions of section 4 shall not apply in relation to any order under this section.

[S 3 am by GN 1 of 1964; Act 4 of 1977, 26 of 1977, 3 of 1979, 20 of 1981, 7 of 1982, 13 of 1982.]

3A…

[S 3A rep by s 4 of Act 7 of 1998.]

3B…

[S 3B rep by Act 13 of 1982.]

4.   Rationing of commodities and animals

Regulations made under section 3, in relation to the rationing of any commodity or animal, may—

      (a)   fix or provide for fixing different quantities of the commodity or animal to be obtainable in the aggregate or individually by different classes of persons;

      (b)   provide for methods of distribution of the commodity or animal which differentiate as between different classes of persons so far as appears to the President to be necessary in order to secure or permit such distribution through the usual channels and agencies through which such classes of persons normally obtain the commodity or animal.

[S 4 am by GN 1 of 1964.]

PART III
SAFEGUARD MEASURES

[Part III subs by s 2 of Act 12 of 2004.]

4A.   Interpretation of Part III

In this Part unless the context otherwise requires—

“adjustment plan” in relation to a domestic industry means the plan by the industry to adjust to the increased competition that will follow the removal of safeguard measures;

“Advisory Committee” means the Safeguards Committee constituted under section 4G;

“Agreement” means the Agreement on Safeguards under the World Trade Organisation (WTO) or the safeguard and other applicable provisions of the Common Market for Eastern and Southern Africa (COMESA) Treaty, the Treaty of the Southern African Development Community (SADC) or any other international trade agreement to which Zambia is a Party;

“Committee” means the Committee on safeguards under the World Trade Organisation, or other applicable secretariat or entity of a trade organisation of which Zambia is a member or under another Agreement;

“domestic industry” means—

      (a)   the producers as a whole of a product within the Republic which are like or directly competitive with the investigated product; or

      (b)   producers operating within the Republic whose collective output of products which are like or directly competitive with the investigated product constitute a major proportion of the total domestic production of those products;

“domestic producers” means producers, operating within the Republic, of like or directly competitive products to the investigated product;

“interested party” means—

      (a)   exporters and foreign producers of the investigated product;

      (b)   importers of the investigated product;

      (c)   trade or business associations whose membership is composed of producers, exporters or importers of the investigated product;

      (d)   the Governments of the exporting countries of the investigated product;

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