NEW LEGISLATION

1. Constitution of Zambia Act (Act 1, 2016)

An Act to provide for the printing and publication of the Constitution; to provide for the savings and transitional provisions of existing State organs, State institutions, administrations, offices, institutions and laws; to provide for the savings of succession to assets, rights, liabilities,obligations and legal proceedings; and to provide for matters connected with, or incidental to, the foregoing.

Date of Commencement: 5th January, 2016.

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2. Movable Property (Security Interest) Act (Act 3, 2016)

An Act to provide for the creation of security interests in movableproperty so as to contribute to economic development; harmonisesecured transaction laws; provide for harmonisation of conflictof laws in order to promote the financing of international tradeand make security interests effective against third parties;enhance the availability of low-cost secured credit to allow debtorsto use the full value inherent in their assets to support credit;establish a Collateral Office and Collateral Registry for a singlecomprehensive registration regime for secured transactions inmovable property; establish streamlined procedures for obtainingsecurity interests and reducing transaction costs by minimizing formalities; ensure effectiveness of security agreements andenforceability of security agreements and interests; provide forperfection of security interests; to establish the determinationof priority between security interests; and provide for mattersconnected with, or incidental to, the foregoing.

Date of Commencement: 6th April, 2016.

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3. Civil Aviation Act (Act 5, 2016)

An Act to provide for the control, regulation and orderly development of civil aviation in Zambia; to provide for the grant of permits for air services and airport services; provide for the implementation of a State Safety Programme in compliance with Annex 19 to the Chicago Convention; to provide for the establishment of an independent Aircraft Accident Investigation Board in compliance with Annex 13 to the Chicago Convention; to provide for security for civil aviation and a National Aviation Security Programme in compliance with Annex 17 to the Chicago Convention; to provide for air services, airport services and air navigation services in compliance with Annex 14 to the Chicago Convention; to provide for the transportation of dangerous goods by air in compliance with Annex 18 to the Chicago Convention; to promote the safe, secure and efficient use of civil aviation; to give effect to the International Convention on Civil Aviation signed in Chicago on 7th of December, 1944 and all international agreements on civil aviation to which Zambia has acceded and is a State party; to consolidate the various laws on aviation and repeal the Aviation Act, 1995, Safety of Civil Aviation Act, 1989, Air Services Act, 1964, and Tokyo Convention Act, 1971; provide for the functions of the Zambia Airports Corporation Limited and the renaming of designated airports; and to provide for matters connected with or incidental to, the foregoing.

Date of Commencement: On Notice.

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4. Layout-designs of Integrated Circuits Act (Act 6, 2016)

An Act to establish a register for layout-designs or topographies of integrated circuits; to provide for atransparent legal framework for the protection, registration, rights over, infringement or use of, and access to, layout-designs or topographies of integrated circuits; to recognise, protect and support the inalienable rights and duties of qualified owners over their layout-designs or topographies of integrated circuits; to provide for the authorisation of exclusive assignments or licences by aqualified owner or prospective qualified owner of layout-designrights to an assignee or a licensee; to establishstreamlined procedures for obtaining a compulsorylicence, licence to remedy anti-competitive practices anduse of layout-designs or topographies of integrated circuitsfor public or non-commercial purposes; to give effect tothe provisions of the World Trade Organisation  agreementon Trade Related Aspects of Intellectual Property Rights,and any other relevant international treaty or conventionto which Zambia is a State Party; and to provide for mattersconnected with, or incidental to, the foregoing.

Date of Commencement: 2nd June, 2017.

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5. Court of Appeal Act (Act 7, 2016)

An Act to provide for the jurisdiction and procedures of the Court of Appeal; the hearing of appeals from the High Court and quasi judicial bodies; and matters connected with, or incidental to, the foregoing.

Date of Commencement: On Notice.

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6. Constitutional Court Act (Act 8, 2016)

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7. Superior Courts (Number of Judges) Act (Act 9, 2016)

An Act to prescribe the number of judges for the Supreme Court, Constitutional Court, Court of Appeal and High Court; repeal and replace the Supreme Court and High Court (Number of Judges) Act, 1976; and provide for matters connected with, or incidental to, the foregoing.

Date of Commencement: 3rd May, 2016.

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8. Service Commissions Act (Act 10, 2016)

An Act to provide for a principled and value based decentralized human resource management system for the public service; provide for the composition, additional functions, operations and financial management of the Judicial Service Commission, Civil Service Commission, Teaching Service Commission, Zambia Correctional Service Commission, Zambia Police Service Commission and Local Government Service Commission pursuant to the Constitution; provide for the establishment of human resource management committees in Government institutions; repeal and replace the Service Commissions Act, 1991; repeal Part X of the Local Government Act, 1991; and provide for matters connected with, or incidental to, the foregoing.

Date of Commencement: On Notice.

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9. Parliamentary Service Act (Act 12, 2016)

An Act to provide for the functions of the Parliamentary Service; provide for the membership, functions, operations and financial management of the Parliamentary Service Commission; to provide for the transfer of staff and continuation of their service under the Parliamentary Service; and to provide for matters connected with, or incidental to, the foregoing.

Date of Commencement: On Notice.

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10. Public Protector Act (Act 15, 2016)

An Act to provide for the functions, powers, operations and financial management of the Office of Public Protector;provide for the initiation and investigation of complaints;repeal and replace the Commission for Investigations Act,1991; and provide for matters connected with, or incidentalto, the foregoing.

Date of Commencement: 7th June, 2016

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11. Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act (Act 16, 2016)

An Act to provide for a transparent legal framework for the protection of, access to, and use of, traditional knowledge, genetic resources and expressions of folklore, which also guarantees equitable sharing of benefits and effectiveparticipation of holders; to recognise the spiritual, cultural, social, political and economic value of traditional knowledge, genetic resources and expressions of folklore of holders; to promote the preservation, wider application and development of traditional knowledge, genetic resources and expressions of folklore; recognise, protect and support the inalienable rights of traditional communities, individuals and groups over their traditional knowledge, genetic resources and expressions of folklore; to confer rights on traditional communities, individuals and groups and promote the conservation and sustainable utilisation of the country’s biodiversity resources; to promote fair and equitable distribution of the benefits derived from the exploitation of traditional knowledge, genetic resources and expressions of folklore; to promote the use of traditional knowledge, genetic resources andexpressions of folklore for the benefit of traditional communities, the country and mankind in general; to ensure that exploitation of traditional knowledge, genetic resources and expressions of folklore takes place withthe prior informed consent of a traditional community,individual or group; to prevent the granting of patentsbased on traditional knowledge, genetic resources andexpressions of folklore without the prior informed consentof a traditional community, individual or group; give effectto the African Regional Intellectual Property Organisation(ARIPO) Swakopmund Protocol on the Protection of raditional Knowledge and Expressions of Folklore, 2010,the World Trade Organisation Trade-Related IntellectualProperty Rights Agreement (TRIPS), 1994 and any otherrelevant international treaty or convention to whichZambia is a State Party; and to provide for mattersincidental to, or connected with, the foregoing.

Date of Commencement: 2nd June, 2017.

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12. Police-Public Complaints Commission Act (Act 18, 2016)

An Act to provide for the membership, functions, operations and financial management of the Police- Public Complaints Commission; provide a procedure for the initiation and investigation of complaints against police actions; and provide for matters connected with, or incidental to, the foregoing.

Date of Commencement: 7th June, 2016

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13. Local Government Elections (Repeal) Act (Act 20, 2016)

An Act to repeal the Local Government Elections Act, 1991.

Date of Commencement: 7th June, 2016

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14. Industrial Designs Act (Act 22, 2016)

An Act to encourage the creation of designs and development of creative industries through enhancedprotection and utilisation of designs; to provide for the registration and protection of designs; to provide for the rights of proprietors of registered designs: to provide for the restriction, publication and communication of registered designs; to provide for contractual and compulsory licences; to provide for the use and acquisition of registered designs by the Government; to give effect to the Paris Convention for the Protection of Industrial Property 1883, the Harare Protocol on Patents and Industrial Designs adopted on December 10, 1982, the World Trade Organisation Agreement on Trade Related Aspects of Intellectual Property Rights 1994 and any other relevant international treaty or Convention to which Zambia is a State Party; to repeal and replace the Registered Designs Act, 1958; and to provide for matters connected with, or incidental to, the foregoing.

Date of Commencement: 2nd June, 2017.

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15. Judiciary Administration Act (Act 23, 2016)

An Act to revise the law relating to the administration of the Judiciary; make provision for the appointment of judicial officers and staff of the Judiciary; repeal and replace the Judicature Administration Act, 1994; and provide for matters connected with, or incidental to, the foregoing.

Date of Commencement: 7th June, 2016

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16. Electoral Commission of Zambia Act (Act 25, 2016)

An Act to provide for the membership, functions, operations and financial management of the Electoral Commission of Zambia; repeal and replace the Electoral Commission Act, 1996; and provide for matters connected with, or incidental to, the foregoing.

Date of Commencement: 7th June, 2016

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17. Ministers (Prescribed Number and Responsibilities) Act (Act 26, 2016)

An Act to prescribe the number of Ministers in accordance with Article 116 of the Constitution; and provide for matters connected with, or incidental to, the foregoing.

Date of Commencement: 7th June, 2016

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18. State Audit Commission Act (Act 27, 2016)

An Act to provide for the membership, functions, operations and financial management of the State Audit Commission; and provide for matters connected with, or incidental to, the foregoing.

Date of Commencement: On Notice. 

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19. Public Audit Act, 2016 (Act 29, 2016)

An Act to enhance the independence and autonomy of the National Audit Office and strengthen its functions; provide a framework for promoting efficiency, accountability, effectiveness and transparency of public administration through effective oversight and audit of public funds andperformance; domesticate the principles of United Nations Resolution A/66/209 on promoting efficiency, accountability, effectiveness and transparency of supreme audit institutions; provide for guiding principles of public finance and performance audit; repeal and replace the Public Audit Act, 1980; and provide for matters connected with, or incidental to the foregoing.

Date of Commencement: On Notice. 

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20. Higher Education Loans and Scholarships Act (Act 31, 2016)

An Act to establish the Higher Education Loans and Scholarships Board; establish the Higher Education Loans and Scholarships Fund; provide for the granting, administration, investment, payment and recovery of loans; provide for the administration and granting of scholarships; facilitate the mobilisation of financial resources for loans and scholarships; and provide for matters connected with, or incidental, to the foregoing.

Date of Commencement: 13th April, 2017

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21. Transitional Period and Inauguration of President Act (Act 32, 2016)

An Act to provide for the administration and security procedures during the transitional period; the procedure for safeguarding public documents and information during the transitional period; the procedures and formalities for the inauguration and assumption of office of President by the President-elect; the venue and place for the inauguration ceremony; the process for the handover of the symbols and instruments of office and the presidency by the former President to the President; the procedures relating to the transitional period when a President dies in office; the funding of the inauguration ceremony; and matters connected with, or incidental to, the foregoing.

Date of Commencement: 7th June, 2016

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22. Citizenship of Zambia Act (Act 33, 2016)

An Act to provide for the composition, functions, tenure and procedures of the Citizenship Board of Zambia; make procedural provisions for the acquisition, deprivation and renunciation of citizenship of Zambia; repeal and replace the Citizenship of Zambia Act, 1975; and provide for matters connected with, or incidental to, the foregoing.

Date of Commencement: 7th June, 2016

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23. Ratification of International Agreements Act (Act 34, 2016)

An Act to provide for the ratification of international agreements and the domestication process; and provide for matters connected with, or incidental to, the foregoing.

Date of Commencement: 7th June, 2016

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24. Electoral Process Act (Act 35, 2016)

An Act to provide for a comprehensive process for a general election; provide for the conduct of elections by the Electoral Commission of Zambia and empower the Commission to make regulations in matters relating to elections; provide for the registration of voters and the keeping of voters registers; prescribe the procedures for nominations for elections; provide for the role of presidingofficers, election officers and conflict management officers; prescribe the procedure for voting during an election; provide for the accreditation and roles of observers and monitors; criminalise corrupt practices and other illegal practices related to elections and provide for penalties in connection with an election; provide for election petitions and the hearing and determination of applications relatingto a general election; provide for voter education; prescribe the electoral code of conduct; repeal and replace the Electoral Act, 2006; and provide for matters connected with, or incidental to, the foregoing.

Date of Commencement: 7th June, 2016

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25. Supplementary Appropriation (2016) Act (Act 36, 2016)

An Act to authorise supplementary expenditure from the general revenues of the Republic of monies required for the services of the Republic during the financial year ending on 31st December, 2016, not exceeding in the aggregate one billion, eight hundred and forty-sevenmillion, one hundred and forty thousand, six hundred and fifty-nine kwacha.

Date of Commencement: 7th June, 2016

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26. Excessive Expenditure Appropriation (2013) Act (Act 37, 2016)

An Act to approve the excess expenditure of monies aggregating five hundred and seventy-three thousand, six hundred and thirty-five kwacha.

Date of Commencement: 22nd November, 2016

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27. Supplementary Appropriation (2014) Act (Act 38, 2016)

An Act to confirm the supplementary expenditure of monies aggregating three billion, five hundred and thirty-eight million, eight hundred and sixty-seven thousand and twenty-four kwacha required for the services of the Republic during the financial year ended on 31st December, 2014.

Date of Commencement: 22nd November, 2016

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28. Supplementary Appropriation (2016) Act (Act 39, 2016)

An Act to authorize supplementary expenditure from the general revenues of the Republic of monies required for the services of the Republic during the financial year ending 31st December 2016, not exceeding in the aggregate three billion, nine hundred and forty-nine million, six hundred and forty-four thousand and eight hundred and fifteen kwacha.

Date of Commencement: 28th November, 2016

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29. Patents Act (Act 40, 2016)

An Act to provide for the protection and administration of patents; to provide for the patentability of inventions; to provide for the process for obtaining letters patent for an invention; to provide for the restriction, publication and communication of patents; promote the use of patented information and technological knowledge; to provide for contractual and compulsory licences; to provide for the use and acquisition of inventions by the Government; to promote and encourage innovative and inventive activities and local generation of technologies; to provide for the protection of utility models and the grant of a utility model certificate; to give effect to the Paris Convention for the Protection of Industrial Property 1883, the Patent Cooperation Treaty 1970, the Harare Protocol on Patents and Industrial Designs adopted on December 10, 1982, and the World Trade Organisation Agreement on Trade Related Aspects of Intellectual Property Rights, 1994, and any other relevant international treaty or convention to which Zambia is a State Party; to repeal and replace the Patents Act, 1958; and to provide for matters connected with, or incidental to, the foregoing.

Date of Commencement: 2nd June, 2017.

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30. Securities Act (Act 41, 2016)

An Act to regulate the capital markets so as to foster fair and efficient trading; to continue the existence of the Securities and Exchange Commission and provide for its functions and powers; to license and regulate securities exchanges, clearing and settlement agencies and self-regulatoryorganisations; to ensure the financial integrity of transactions and avoidance of systemic risk in the capital markets; to provide for licensing and regulation of capital markets operators; to provide for licensing and regulation of credit rating agencies and protect the integrity, transparency and reliability of the credit rating process and credit ratings; to provide for registration of securities and conduct of securities business; to provide for regulation of collective investment schemes; to prohibit insider dealing in securities and other offences; to provide for mergers and take-overs of listed companies and companies whose securities are registered with the Commission; to provide for auditing and corporate responsibility of listed companies and companies whose securities have been registered with the Commission; to continue the existence of the Compensation Fund; to establish the Capital Markets Tribunal; to repeal and replace the Securities Act, 1993; and to provide for matters connected with or incidental to the foregoing.kwacha.

Date of Commencement: 27th December, 2016.

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31. Compensation Fund Act (Act 43, 2016)

An Act to provide for the administration and management of the Compensation Fund established under the Constitution; establish the Compensation Fund Committee and provide for its composition and functions; provide for the accounting and audit of the Fund; and provide for matters connected with, or incidental to, the foregoing.

Date of Commencement: 27th December, 2016.

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32. Skills Development Levy Act (Act 46, 2016)

An Act to provide for the imposition, payment and collection of a skills development levy at the rate of 0.5 percent of gross emoluments; and to provide for matters connected with, or incidental to, the foregoing.

Date of Commencement: 1st January, 2017.

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33. Excess Expenditure Appropriation Act (Act 48, 2016)

An Act to approve the excess expenditure of monies aggregating seven billion, four hundred and three million, seven hundred thousand kwacha.

Date of Commencement: 27th December, 2016.

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34. Appropriation Act (Act 49, 2016)

An Act to authorise expenditure from the general revenues of the Republic of monies required for the services of the Republic during the financial year ending 31st December, 2017, not exceeding in the aggregate sixty-four billion, six hundred and seventy-five million, three hundred and two thousand, three hundred and eight kwacha.

Date of Commencement: 27th December, 2016.

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AMENDING LEGISLATIONS

1. Constitution of Zambia (Amendment) Act (Act 2, 2016)

An Act to amend the Constitution of Zambia.

Date of Commencement: 5th June, 2016.

Inserts: Part V, Part XV, XVI, XVII, XVIII, XIX, XX.

Renumbers: Part V as VI.

Substitutes: Preamble, Parts I, II, IV, arts 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, Parts VII to XIV.

See: Constitution of Zambia.

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2. Income Tax (Amendment) Act (Act 11, 2016)

An Act to amend the Income Tax Act.

Date of Commencement: 1st June, 2016

Amends: Ninth Schedule, Charging Schedule.

See: Income Tax Act.

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3. National Assembly (Powers and Privileges) (Amendment) Act (Act 13, 2016)

An Act to amend the National Assembly (Powers and Privileges) Act.

Date of Commencement: 7th June, 2016

Amends: s 2, Part II heading, ss 11(1), 11(3), 13(2), 14(1), 15, 16, 17, 18, 19, 22, 23

Inserts: ss 5A, 6A, 9A, 11A, 14(4), 28A, 28B, 28C.

Substitutes: ss 8, 10, 11(2), 11(3), 11(4), 12(1), 14(3), 28, 30.

See: National Assembly (Powers and Privileges) Act.

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4. Mines and Minerals Development (Amendment) Act (Act 14, 2016)

An Act to amend the Mines and Minerals Development Act.

Date of Commencement: 1st June, 2016.

Substitutes: s 89.

See: Mines and Minerals Development Act.

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5. Local Government (Amendment) Act (Act 17, 2016)

An Act to amend the Local Government Act.

Date of Commencement: 7th June, 2016

Amends: ss 2, 45A.

See: Local Government Act.

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6. Immigration and Deportation (Amendment) Act (Act 19, 2016)

An Act to amend the Immigration and Deportation Act.

Date of Commencement: 7th June, 2016

Amends:ss 2, 3, 4, 10, 18, 20(2), 28(5), 40(2), First Schedule.

Inserts: ss 23(1)(c), 52(6), 56A.

Repeals: ss. 20(7), 24, 28(2).

Substitutes: ss 52(5).

See: Immigration and Deportation Act.

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7. High Court (Amendment) Act (Act 21, 2016)

An Act to amend the High Court Act.

Date of Commencement: 7th June, 2016

Repeals: s 6(3).

Substitutes: ss 3, 6(2).

See: High Court Act.

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8. Supreme Court of Zambia (Amendment) Act (Act 24, 2016)

An Act to amend the Supreme Court of Zambia Act.

Date of Commencement: 7th June, 2016

Amends: ss 2, 4, 7, 22(1), 26(2), Part IV heading, Part V heading.

Repeals: ss 12, 14, 20, 25(b), 29(3).

Substitutes: ss 15, 17, 22(2), (3), 23, 24.

See: Supreme Court of Zambia Act.

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9. Zambia Police (Amendment) Act (Act 30, 2016)

An Act to amend the Zambia Police Act.

Date of Commencement: 7th June, 2016.

Repeals: Part XA.

See: Zambia Police Act.

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10. Value Added Tax (Amendment) Act (Act 44, 2016)

An Act to amend the Value Added Tax Act.

Date of Commencement: 1st January, 2017.

Amends: ss 16(2A), 18(4), 27(4).

Inserts: ss 8(8A), 42B.

Repeals: ss 5, 6(3).

See: Value Added Tax Act.

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11. Income Tax (Amendment) Act (Act 45, 2016)

An Act to amend the Income Tax Act.

Date of Commencement: 1st January, 2017.

Amends: ss 33(3), s 45B(1), 46(3)(a), 77(1), 78(1)(c), 98, 102(1), Second Schedule, Fifth Schedule, Ninth Schedule, Charging Schedule.

Inserts: ss 43E, 55(4), 81B(2A), 98A.

See: Income Tax Act.

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12. Customs and Excise (Amendment) Act (Act 47, 2016)

Date of Commencement: 1st January, 2017.

Amends: ss 2, 108, 155, First Schedule, Second Schedule, Eighth Schedule, Ninth Schedule, General Amendment too (replaces “currency notes” with “currency”.

Inserts: ss 73A, 76C, 77(3).

Renumbers: ss 77(3) to (7) as 77(4) to (8).

Substitutes: ss 77(1) and (2), 108A, 188, Fourth Schedule.

See: Customs and Excise Act.

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