Windfall Profit Levy Act 1998

Original Language Title: Windfall Profit Levy Act 1998

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Laws of Malaysia Act Reprinting 592 extraordinary profits levy Act 1998 Contains all amendments to 1 January 2006 published by the Commissioner of law revision, under the authority of Law Revision Act 1968 In collaboration with PerCetakan naSional malaySia bhD 2006 laws of Malaysia Act 592 extraordinary profits levy Act 1998 the date of Royal Assent............ December 8, 1998, the date of publication in the Gazette of ... ... more 31 December 1998 Extraordinary Profits Levy 3 laws of Malaysia Act 592 extraordinary profits levy Act 1998 arrangement of sections section 1. short title and commencement. interpretation 3. the Authority Director General 4. power of Customs officers rights 5. card power must be 6. The imposition of a levy 7. The order shall set out 8. Registration 9. Penalties for late payment 10. levy can be claimed as a civil debt 11. Submission of statement 1. Assessment levies 13. Repayment of levi 14. Repayment of prior levy paid or erroneously paid 15. The payment of the levies or penalties under-paid or erroneously refunded 16. obligation to keep records of 17. people are bound to provide information 18. access to a place or premises 19. Penalties for making incorrect statements and because falsify documents 0. Penalties for refusing to answer questions or for providing false information 1. not comply with the requirements of this Act. offences and penalties General 4 laws of Malaysia Act 592 Section 3. power to compound 4. offences by body corporate, etc.
5. Commencement of prosecution 6. menyubahati offence 7. power of Minister to put on the Customs Act 1967 8. Extraordinary Profit Levy regulations 5 laws of Malaysia Act 592 extraordinary profits levy Act 1998 an act to provide for the imposition of a levy on extraordinary profits derived from the production of goods and for matters related and incidental to it.
[1 January 1999] enacted by the Parliament of malaysia as follows: short title and commencement 1. (1) this Act may be cited as the extraordinary profit levy Act 1998.
() this Act shall come into force on 1 January 1999.
interpretation 2. In this Act, unless the context otherwise requires — "goods" means all types of movable and immovable property;
"specified goods" means goods that are prescribed by order made under section 6;
"prescribed", unless specified otherwise, means prescribed by regulations made under section 8;
"Department" ert inya customs and Excise malaysia;
6 laws of Malaysia Act 592 "Director General" means the Director General of customs and Excise under subsection 3 (1) of the Customs Act 1967 [Act 235];
"Fund" means the Federal Consolidated Fund;
"levy" means the levy imposed under section 6;
"Minister" means the Minister charged with the responsibility for finance;
"customs officer" shall have the same meaning as given to the expression in the section of the Customs Act 1967.
the authority of the Director-General 3. subject to the direction and control of the Minister, the Director General shall have supervision over all matters relating to levies under this Act.
the power of the Customs officers ' rights 4. any officer of Customs shall, in addition to the duties and powers conferred under the Customs Act 1967, have the duty and the power to enforce and ensure compliance with the appropriate provisions of this Act.
card power must be 5. (1) every customs officer when acting on any person under this Act shall, if not uniform, when requested, stating his position and submit to the person against whom he is acting such document evidencing its identity as directed by the Director-General so that brought together by the officer.
() it shall not be an offence if any person refuses to comply with any claims made by any officer acting or purporting to act under Extraordinary Profits Levy 7 of this Act if the officer is not uniform and refused to declare his Office and present his identification when requested to do so by that person.
Imposition of levies 6. (1) there shall be imposed and levied a levy named levi exceptional profit on such amount as the Minister may by order published in the Gazette in excess of any amount of profit prescribed by the Minister in such order and obtained from the production of goods specified in the order.
() An order made under subsection (1) may prescribe the amount and different rates for different types of goods.
(3) the levy shall be paid by the manufacturer of the goods and shall be paid into the Fund.
(4) any person who fails to pay any levy imposed under this section shall be guilty of an offence and shall on conviction be liable to a fine not exceeding ten times the amount of levy due or to imprisonment for a term not exceeding three years or to both.
(5) the prosecution of any person under this section shall not relieve that person from liability to pay any levy for which he is liable or may be liable or from liability to make any statement required by this Act so that he makes it.
The order shall set out 7. (1) an order determining the amount of the levy to be levied under this Act shall be laid before the House of Commons at the next meetings of the House of Commons.
() An order laid before the House of Commons shall cease to have effect upon the expiry of 10 days from the date should that or any extended period as directed by the House of representatives through a resolution, if the order is not confirmed by a resolution passed by the House of representatives within a period or the extended period.
8 laws of Malaysia Act 592 Registration 8. every producer of goods shall register with the Department.
Penalties for late payment of 9. (1) where any amount of levy has not been paid after the last day of the levy payable, then a penalty equal to ten per cent of the unpaid amount shall be payable accordingly.
() if the levy due and payable that has not been paid for more than thirty days after the last day of the levy rate to be paid a penalty under subsection (1) on the levy payable shall be added as much as ten per cent for a period of thirty days after the day on which the second and for every period of thirty days following or any part thereof for a period of time that amount has not been paid up to a maximum of fifty per cent.
levy can be claimed as a civil debt 10. without prejudice to any other remedies, any levy due and payable and any penalties accrued under this Act can be claimed as a civil debt due to the Government.
Submission of statement 11. (1) every manufacturer shall stuff in time submit to the customs officer a statement in the prescribed form stating the amount of the levy due, quantity or number of items prescribed issued and any other particulars as may be required by the Director General.
() every t i ap provides resistance against ta ikemukakan d t mengiku subsection (1) shall be accompanied by payment of the amount due as levi.
Extraordinary Profit Levy 9 Assessment levy 12. (1) any statement submitted under section 11 may be accepted by customs as proof enough on matters contained within it, and levies may be assessed accordingly.
() if the customs officer has reason to believe that the amount of levy indicated in a statement made by any person under section 11 is less than the amount payable under this Act, then he may be assessing any larger amount as it thinks fit as levi.
Repayment of levies 13. the Minister may, if he is satisfied that it is fair and proper to do so in respect of the levy has been paid under this Act, directing that the repayment of the whole or any part of the levy within such period as it may specify in the direction, and in directing such repayment may impose such conditions as he may deem fit.
Repayment of prior levy paid or erroneously paid 14. (1) subject to subsection (), if the Director General is satisfied that any money is paid or erroneously paid as a levy under this Act, he may order the reimbursement of money paid in advance or mistakenly paid it.
() the Director General shall not be ordered such payments unless a claim therefor is made within one year after the payment of more or payment error is made.
The payment of the levies or penalties under-paid or erroneously refunded 15. If the whole or any part of any levy or penalty under section 9 has not been paid, or after the 10 laws of Malaysia Act 592

paid have been mistakenly refunded, then, provided that a claim is made within three years from the date of the levy paid, penalties or refunds made, as the case may be, the person liable to pay the levies or penalties, or person to whom the refund has erroneously made, as the case may be, shall pay the deficiency or repay the amount in advance paid to him that.
obligation to keep records of 16. (1) every manufacturer of goods prescribed shall keep books of accounts or other records as directed by the Director General which shows the full and true record that updated about all transactions affecting or likely to affect the liability to pay a levy under this Act and shall keep proper books of accounts or other records in the national language or in English.
() the books of accounts and other records required to be kept pursuant to this section shall be maintained for a period of six years from the date of the last with regard to the production of prescribed goods related to the record.
The person is bound to provide information 17. (1) every person who has information of any thing be the duty of the Customs officers the right to investigate it shall, when required by the officer to do so, provide such information.
() every person required by Customs officers the right to produce a document or other thing that that person has the power to produce it, and a document or article required under this Act or a document or article is used in any transaction or other matter relating to the levy or a document or thing be the duty of the Customs officers the right to investigate it under this Act , shall submit a document or the thing.
Extraordinary Profit levy 11 access to a place or premises 18. (1) for the purposes of this Act, any officer of Customs shall all times senior has access to any place or premises where a producer of goods specified conducts business.
() if any officer of the Customs right enter any place or premises in accordance with this section, he may do all or any of the following: (a) requires that manufacturers produce any book, document, or thing is required to be kept by the manufacturer under the provisions of this Act, or connected with any prescribed goods;
(b) inspect any books, documents or things and take copies of any book or document;
(c) seize and detain any book, document or article, if in its opinion the books, documents or things that are able to provide evidence of the Commission of any offence under this Act;
(d) require any manufacturer or any person employed by the manufacturer so as to answer questions in relation to any books, documents or things, or in connection with any entry in any book or document;
(e) take and store without payment of any examples of goods or materials may deem necessary for the performance of its duties.
(3) if the Customs senior officer acting under this section shall not be able to obtain access to any premises the manufacturer conducts business place someone he can at any time enter the premises in such manner as he may deem necessary, if necessary with force.
(4) where — (a) any prescribed goods found in any premises entered into under this section;
(b) the prescribed items issued by manufacturers be liable to pay the levy; and 1 the laws of Malaysia Act 592 (c) the unpaid levies, the goods may be seized and may be dilucuthakkan.
Penalties for making incorrect statements and because falsify documents 19. (1) any person who — (a) making, orally or in writing, or signing any statement or other document required by this Act which is untrue or incorrect about any material details;
(b) make, orally or in writing, or signing any statement or document made for the consideration of any officer of customs of any application submitted to him untrue or incorrect about any material details;
(c) melancungkan or falsify, or use when dilancungkan or falsified, any document which is required or may be required under this Act or any document used in the course of any business or matters relating to levy;
(d) fraudulently alters any document, or melancungkan the seal, signature or signature brief or other marks belong to, or used by, any officer of customs for verification of any such document or for the safety of any article or any other purpose in the course of any business or matters relating to levy;
(e) required by this Act to make a statement, not to make such statements as required; or (f) does not or refuses to submit to an official customs any documents that are required to be submitted under this Act, shall be guilty of an offence.
Extraordinary Profit levy 13 () any person convicted of an offence under subsection (1) may be liable to a fine of not less than ten times the amount of levy due and not more than twenty times the amount of the levy due.
(3) upon any such statements, whether oral or written, or any document as is mentioned in paragraph (1) (a), (b) and (c) has been proved untrue or incorrect or dilancungkan or falsified in whole or in part, shall not be a defence to say that the statement or document made or used by mistake or without the intention of crime or fraud , or that the person who signed the statement or document are not aware or do not understand the contents of the document, or if any statement made or recorded in the national language or in English through translation from any other language, that the statement was disalahterjemahkan or not translated properly by the translator provided by the person making the statement or document.
(4) for the purposes of this section, "falsified" in respect of a document shall be deemed to include a document that is untrue or incorrect in any material details, and "falsify" shall be construed accordingly.
Penalties for refusing to answer questions or for providing false information 20. (1) any person, who is required by this Act to provide any information that is reasonably required by an officer of customs and that he has the power to give it away, refused to provide the information or give as true information that he knows or has reason to believe is false, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both.
() if any such information proved untrue or incorrect in whole or in part then it shall not be a defence to say that the information or any part thereof granted 14 laws of Malaysia Act 592 with accidental or culpable crime or fraud, or has disalahterjemahkan or has not been translated in full by the translator provided by the informant.
not comply with the requirements of this Act 21. without prejudice to any other liability incurred under this Act, any person who — (a) fails to comply with or refuse to comply with the requirements of section 8, 11, 1, 15 or 16;
(b) does not submit or refuses to produce any book or document for inspection or stored by the customs in accordance with the requirements of this Act;
(c) does not give or refuse to give the correct information or refuse to furnish any information which he is required so as to provide it in relation to the levy; or (d) to pay a lesser amount of levy less than required under this Act, is guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both.
offences and penalties General 22. (1) any person who is not or ignore to comply with, or perform or attempt to perform any act contrary to the provisions of this Act shall be guilty of an offence.
() A person who has been convicted of an offence under subsection (1) may be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both.
power to compound 23. (1) the Customs Officer may, with the consent of Extraordinary Profit in the levy 15 writing Prosecutor, mengkompaunkan any offence committed by any person under this Act or its subsidiary legislation and set as error can compound with make an offer in writing to the person suspected to have committed the offence to mengkompaunkan them when paid to the Customs officers that right an amount not exceeding fifty per cent of the amount of the maximum fine for the offence within specified in the offer.

() An offer under subsection (1) may be made at any time after the offence, but before any prosecution for him started, and if the amount specified in the offer is not paid within the period of time stated in the offer or within such extended period as may be allowed by the customs officer, prosecution for that offence may be commenced at any time after that to the person to whom the offer is made.
(3) If an offence is compounded under subsection (1), no prosecution shall be instituted in respect of the offence against the person to whom the offer is made and any thing seized in connection with the offence be released or dilucuthakkan by Customs officers, subject to such terms and conditions as he thinks fit.
(4) All sums received by Customs officers that the rights under this section shall be paid into and form part of the Fund.
offences by body corporate, etc.
24. (1) where a body corporate commits an offence under this Act or its subsidiary legislation, a person who at the time of the Commission of the offence was a Director, Chief Executive Officer, General Manager, the Secretary or such other officer of the body corporate or the form such as Act on any such property or has in any way or up to any extent is responsible for the management of any Affairs of the body corporate or assist in the management of such — (a) can be prosecuted separately or in association in the proceedings which is equal to the body corporate; and 16 laws of Malaysia Act 592 (b) if the body corporate is found guilty of the offence, shall be deemed to be guilty of such offence unless, after taking into account the type of functions on the properties and all the circumstances, he is proving that — (i) the offence was committed without the knowledge, consent or pembiarannya; and (ii) he took all reasonable precautions and have carried out due diligence to avoid the Commission of the offence.
() if any person shall be liable under this Act any punishment or penalty for any act, omission, neglect or disbelief, he shall be liable to the same punishment or penalty for every act, omission, neglect or default of any employee or his agent, or employee of the agent, if the action, omission, neglect or default that was done — (a) by an employee of that person in the course of his employment;
(b) by the agent when acting on behalf of that person; or (c) by the agent while he was employed by the agent or otherwise on behalf of the agent acting on behalf of that person.
An initial prosecution 25. No prosecution for or in relation to any offence under this Act shall be instituted without the consent in writing of the Prosecutor.
Menyubahati offences 26. If any person willfully makes on behalf of another person, or help, menyubahati, help, incite or induce any other person to make a statement, account or an incorrect statement that result in less levy paid by the person responsible for paying the levy the person who first mentioned shall be guilty of an Extraordinary Profit Levy 17 offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both.
power of Minister to put on the Customs Act 1967 27. (1) the Minister may designate any of the provisions of the Customs Act 1967 being a provision which shall apply for the purposes of carrying out the provisions of this Act.
() In setting provisions of the Customs Act 1967 under subsection (1), the Minister may make such modifications as may be necessary and expedient for the purpose of ensuring fair and efficient travel of this Act.
Rule 28. (1) the Minister may make regulations for the purpose of performing or giving effect to the provisions of this Act.
() in particular and without prejudice to the generality of the powers conferred by subsection (1), such regulations may provide for — (a) the procedure for the payment and collection of levies;
(b) form is required for the collection of levy; and (c) place and time in relation to the collection of levy.
18 laws of Malaysia Act 592 laws of Malaysia Act 592 extraordinary profits levy Act 1998 List Amendment law short title effect from which amend – no – Levi Extraordinary Profit 19 laws of Malaysia Act 592 extraordinary profits levy Act 1998 List Section amended Section power amend with effect from – there are –