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Amendment Act

Windfall Profit Levy (Validation) Act 2023

Validates the windfall profit levy and protects the Government

The text

Windfall Profit Levy (Validation) 2023 1

WINDFALL PROFIT LEVY (VALIDATION) ACT 2023

Date of Royal Assent

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27 April 2023

Date of publication in the

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5 May 2023

Gazette

Publisher’s Copyright C

(Appointed Printer to the Government of Malaysia).

Windfall Profit Levy (Validation) 2023 3

Preamble

An Act to validate the imposition, levy and collection of the windfall profit levy and to indemnify the Government of Malaysia and certain officers thereof in respect of the windfall profit levy imposed, levied and collected throughout Malaysia during the period from 1 January 1999 to 31 January 2023.

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ENACTED by the Parliament of Malaysia as follows:

s 1Short title

This Act may be cited as the Windfall Profit Levy (Validation)

Act 2023.

s 2Validation and indemnity

(1)

Notwithstanding the provisions of the Windfall Profit Levy

Act 1998 [Act 592], the windfall profit levy imposed, levied and collected throughout Malaysia during the period from 1 January 1999

to 31 January 2023 and purporting to have been imposed, levied and collected under the authority of the Windfall Profit

Levy (Crude Palm Oil and Crude Palm Kernel Oil) Order 1998

[P.U. (A) 494/1998], the Windfall Profit Levy (Crude Palm Oil and Crude Palm Kernel Oil) Order 2008 [P.U. (A) 217/2008], the Windfall Profit Levy (Oil Palm Fruit) Order 2008

WINDFALL PROFIT LEVY (VALIDATION) ACT 2023

[P.U. (A) 250/2008] and the Windfall Profit Levy (Electricity)

Order 2008 [P.U. (A) 234/2008], as amended from time to time, shall be deemed to have been validly imposed, levied and collected.

(2)

No action or legal proceedings shall be brought, instituted or maintained against the Government of Malaysia or any officer of the Government of Malaysia or any person acting under them in respect of any windfall profit levy imposed, levied and collected where such windfall profit levy were purported to be imposed, levied and collected by virtue of the Windfall

Profit Levy (Crude Palm Oil and Crude Palm Kernel Oil)

Order 1998 [P.U. (A) 494/1998], the Windfall Profit Levy

(Crude Palm Oil and Crude Palm Kernel Oil) Order 2008

[P.U. (A) 217/2008], the Windfall Profit Levy (Oil Palm Fruit)

Order 2008 [P.U. (A) 250/2008] and the Windfall Profit Levy

(Electricity) Order 2008 [P.U. (A) 234/2008], as amended from time to time, and if any such action or legal proceedings has been brought, instituted or maintained, it shall be discharged and made void and no refund in respect of the windfall profit levy imposed, levied and collected as stated in this Act shall be made.