/akn/my/act/act/1986/329

FINANCE (NO. 2) ACT 1986

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Type
Act
Status
In force
Enacted
1986
Sections
27
Languages
MS ยท EN

Quick answer

About this act

FINANCE (NO. 2) ACT 1986 is Malaysia Act, cited as Act 329 1986, currently marked in force and first recorded in 1986.

Opening note

Preamble

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  1. An Act to amend the Customs Act 1967, the Sales Tax ct 1972, the Excise Act 1976 and the Service Tax Act 1975. BE IT ENACTED by the Duli Yang Maha Mulia Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows:

Chapter I

CHAPTER I

PRELIMINARY

Section 1

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This Act may be cited as the Finance (No. 2) Act short tite 1986 and shall come into effect on the 1st January 1987. and com mencement.

Section 2

The Customs Act 1967, the Sales Tax Act 1972. the Amendment

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Excise Act 1976 and the Service Tax Act 1975 are a amended respectively in the manner specified in Act 64.

Chapters II, III, IV and V respectively.

Act 176.

Act 151.

Chapter II

CHAPTER II

AMENDMENTS TO THE CUSTOMS ACT 1967

Section 3

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The Customs Act 1967, which in this Chapter is Deletions of referred to as "the principal Act'"', is amended by sections 146

deleting sections 146, 147, 148, 149, 150, 151, 152 and is0. 1si, 152 153.

147, 148. 149

and 153.

Act 235.

Section 4

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Section 154 of the principal Act is amended by Amendment substituting for the words "and Penang" the words ot section and Langkawi" in the interpretation of "principal customs area'".

154

ICap. I1, S. 5]

6

ACT 3299

e sections

.

The principal Act is amended by inseriing after Fart i63A. 16B

Ih3c. 163d.

AIX the following new Part XIXA and new sec0ons 163A, 163B, 163c, 163ยป, 163E, 163F and 1h3G:

Ih3E. 163r and 163G

PART XIXA

Section 163A

In this

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Part.

unless the context otherwise requires

Interpre tation

"Langkawi" means the Langkawi Island and all adjacent islands iying ncarer to

Langkawi Island than to the mainland:

"principal customs area" means Malaysia exclusive of Labuan and Langkawi.

Customs1638. (1) Notwithstanding anything to the contrary contained in this Act-duties relating to Langkawi.

(a)

no import duty shall be payable upon any goods imported into Langkawi, other than the following:

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(i)

petroleum products; and and petroleum

(ii)

any goods which the Minister may from time to time declare by order published in the Gazette;

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(b)

no export duty shall be payable upon any goods exported from Langkawi, other than any goods which the

Minister may from time to time declare by order published in the Gazette;

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(c)

import duty shall be payabie upon all dutiable goods ransported to the principal customsS รคrea trom Langkawi as if such transportation to the principal customs area were importation into

Malaysia;

Cap. II, S.

1

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(d)

export duty shall be payable upon all dutiable goods transported from the principal customs area to Langkawi to all intents as if such transportation from the principal customs area were export from Malaysia: and

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(e)

the Minister may by order. prescribe the meaning of the word "value in relation to goods transported from

Langkawi to the principal customs

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(2)

Subsections (2), (3). (4). (5) and (6) of section 11 shall apply to any order made by the Minister under paragraph (a) (ii) or (b) of subsection (1).

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(3)

Nothing in this section shall render inapplicable to Langkawi any other customs dutywhich may be fixed by the Minister under subsection (1) of section 11.

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Section 163c

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Where goods are transported

(a)

from Langkawi to the principal customs area; or

Langkawi

Irom or to the princi pal customs

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(b)

from the principal customs area to

Langkawi.

area.

the provisions of this Act, other than sections 81,82, 83. 84. 85, 86 and 87 thereof, shall with such modifications and adaptations as may be necessary, apply as if such goods were imported into, or as the case may be, exported from, the principal customs area from or to a place outside Malaysia, and without prejudice to the above generality, the provisions of Part

XII shall apply to goods transported to or from Langkawi from or to the principal

Customs area and to persons and vehicles transporting such goods as if Langkawi were aa place outside Malaysia.

ICap. I1-I1, S. 5-6]

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ACT 3299

T63D. The person in charge of any vessel or goms ton trans dircraft on which goods are transported from rted from Langkawi to the principal customs area shal make a declaration substantially in the prescribed form giving particulars of the goods transported in such vessel or aircraft.

Declara-LangkawI int theC principal customN arca

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Section 163E

Trans portation of goods to or from

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Except for the purpose of section 48.

any dutiable goods, other than petroleum and petroleum products, and other goods declared by the Minister under paragraph (a) (11) of

Suosection (1) of section 163B or deemed to have been declared by the Minister under that section, shall while in Langkawi, be deemed to be non-dutiable goods and the provisions of this Act shall be construed acordingly.

Dutiahle goods to be deemed to he nOn dutiable while inn

Langkawi.

Section 163F

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In making regulations under section 142, the Minister may provide for the collection in Langkawi of the customs duties payable in respect of goods transported or about to be transported from or to Langkawi to or from the principal customs area.

Collec-tion of duties in

Langkawi.

Applica-of

Part X to 1636. The provisions of Part X which deals with drawback shall apply to goods other than tion goods trans-those specified under paragraph (a) (i) of ported to

Langkawi.

subsection (1) of section 163B and goods declared by the Minister under paragraph (a)

(11)

of subsection (1) of section 163B or deemed to have been declared by the Minister under that section, transported from the principal customs area to Langkawi as if such goods had been exported.".

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Chapter III

CHAPTER III

AMENDMENTS TO THE SALFS TAX ACT 1972

Section 6

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Section 72 of the Sales Tax Act 1972, which in this of section 72. Chapter is referred to as "the principal Act", is

Amendment

Act 64.

amended by inserting after the word "Labuan" the words and Langkawi" in the interpretation of

"principal customs area".

Cap. III, S. 7-8

9

Section 7

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The principal Act is amended by deleting sections 81 Deletion of and 82.

sections 8I and 82.

Section 8

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The principal Act is amended by inserting after New sections section 82 the following new Part XVII and new *3. R4 5.

sections 83, 84, 85, 86, 87, 88, 89 and 90:

Part XVII

PART XVII

Inter

Section 83

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In this Part, unless the context otherwise pretation.

requires

Langkawi" means Langkawi Island and all adjacent islands lying nearer to Langkawi

Island than to the mainland;

"principal customs

Federation

Langkawi.

area"

means the exclusive of

Section 84

Labuan and

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Notwithstanding anything to the contrary contained in this Act, no sales tax shall be payable upon any taxable goods imported into

Langkawi or transported to Langkawi from the principal customs area other than such taxable goods, which the Minister may from time to time declare by order published in the

Gazette.

Sales tax on goods imported into or exported from

Langkawi trans ported to or from

Langkawi.

Section 85

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For the purpose of this Act goods manufactured in Langkawi are deemed to be goods manufactured outside the Federation.

Goods manufac tured n

Langkawi to be goods manu factured outside the

Federation.

Section 86

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Where goods are transported-Trans portation goods of

(a)

from Langkawi to the principal customs to or from area; or

Langkawi from or the

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(b)

from the principal customs area to

Langkawi, o principal customs area.

Cap. II, S. 8]

10

ACT 329

the provisions of this Act shall, with such modifications and adaptations as may be necessary, apply as if such goods were mported into, or as the case may be, exported

Trom, the principal customs area from or to a place outside the Federation, and without prejudice to the above provisions of Part IX shall apply to goods transported to or from Langkawi from or to the principal customs area and to persons and

Vessels and aircraft transporting such goods as if Langkawi were a place outside the

Federation.

generality, the

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Section 87

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The person in charge of any vessel or aircraft on which goods are transported from transported Langkawi to the principal customs area shall make a declaration substantially in the form as prescribed under the Customs Act 1967 or under any other laws in force for the time particulars transported in such vessel or aircraft.

Decla rรกtion of goods from

Langkawi the principal customs being giving of the goods area.

Act 235.

Taxable goods to be deemed non-taxable the provisions of this Act shall be construed while in

Section 88

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Any taxable goods, shall while in

Langkawi, be deemed to be non-taxable and accordingly:

Langkawi

Provided that the foregoing shall not apply in respect of any goods declared by the

Minister to be taxable on importation into

Langkawi.

Section 89

In making regulations under section 61 of the Act, the Minister may provide

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Collection of taxes in

(a)

for the collection in Langkawi of sales tax payable in respect of goods transported or about to be transported from or to Langkawi to or from the principal customs area;

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(b)

for the limitation or restriction of vessels and aircraft which may be used to transport such goods; and

[Cap. Ill-IV, S. 8-9]

11

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(c)

for the licensing or control of persons or vessels or aircraft transporting such goods.

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Section 90

Langkawi

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The provisions of section 29 shall apply to goods (other than any goods declared by the

Minister to be taxable on importation into

Appli cation of

Section 299

to goods ransported Langkawi) transported from the principal to Langkawi customs area to Langkawi as if such goods had been exported or re-exported, as the case may be.".

Chapter IV

CHAPTER IV

AMENDMENTS TO THE EXCISE ACT 1976

Section 9

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The Excise Act 1976 is amended by inserting after New sections section 91, the following new Part XVa and new 91A. 91s, 91c sections 91a, 91B, 91c and 91lD:

and 91D.

Act 176.

PART XVA

Section 91A

In this Part, unless the context otherwise

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Interpre tation.

requires

"Langkawi" means the Langkawi Island and all adjacent islands lying nearer to

Langkawi Island than to the mainland.

Section 91B

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The provisions of this Act shall not apply to goods manufactured in Langkawi, other than the following:

Dutiable goods in

Langkawi.

i)

petroleum and petroleum products;

and

(ii)

any other goods which the Minister may from time to time declare by order published in the Gazette.

Cap. IV.V, S. 9-11]

12

ACT 329 91c. Goods subject to excise duty, other than those referred to in section 918, when

Goods manu factured in Langkawi manufactured outside the Federation and shall be when moved from Langkawi to the other territories in the Federation shall be deemed to be import into those territories and the deemed to be manu-factured

Federation. provisions of the Customs Act 1967 shall

Act 235

outside the apply.

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Section 91D

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Goods subject to excise duty, other than those referred to in section 91B, manufactured in other territories of the Federation when moved to Langkawi shall be deemed to be

Goods manu factured in other terntories of the

Federation export from such territories to a place outside shall be deemed to the Federation for the purpose of sections 19

and 28 (c).".

be export when moved to Langkawi.

Chapter V

CHAPTER V

Section 1

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Chapter is referred to as "the principal Act", is amended by inserting after the word "Malaysia" the words", excluding Langkawi" in subsection (1).

Act 151.

Amendment

Section 11

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Section 2 of the principal Act is amended by of section 2. inserting after the interpretation of "goods" the following new interpretation of "Langkawi":

Langkawi"

means Langkawi Island and all adjacent islands lying nearer to Langkawi Island than to the mainland;"

DICETAK O1.EH HAJI MOKHIAR SHAMSUDDIN, J.S. D.. S.M.T.. S.M.S.. S.M.P.. K.M.N., P.I.S..

KETUA PENGARAH Pt:RCETAKAN NEGARA, KUALA I.L'MPUR

DENGAN PIRINTAH PADA JlHB DISEMBER 1986

Harga: S1.20

Common questions

What is AKTA KEWANGAN (NO. 2) 1986?
FINANCE (NO. 2) ACT 1986 is Malaysia Act, cited as Act 329 1986, currently marked in force and first recorded in 1986.
Is AKTA KEWANGAN (NO. 2) 1986 still in force?
Yes โ€” AKTA KEWANGAN (NO. 2) 1986 is currently in force.
When did AKTA KEWANGAN (NO. 2) 1986 take effect?
AKTA KEWANGAN (NO. 2) 1986 was first recorded in 1986.
How many sections does AKTA KEWANGAN (NO. 2) 1986 have?
AKTA KEWANGAN (NO. 2) 1986 contains 27 sections.
Where can I read the official version of AKTA KEWANGAN (NO. 2) 1986?
The official text of AKTA KEWANGAN (NO. 2) 1986 is published at lom.agc.gov.my.