Section 1
(2)
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
New sections 3a and 3b
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WINDFALL PROFIT LEVY (AMENDMENT) ACT 2022 is Malaysia Amendment Act, cited as Amendment Act A1675 2022, currently marked in force and first recorded in 2022.
Opening note
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
New sections 3a and 3b
The Windfall Profit Levy Act 1998 [Act 592], which is referred to as the “principal Act” in this Act, is amended by inserting after section 3 the following sections:
“Power to extend period 3a. Where, by this Act, a period is specified within which an act or thing is to be done by a person, and the Minister is satisfied that the act or thing could not be completed in that period due to the occurrence of public emergency or public health crisis, the Minister may, upon such terms and conditions as the Minister thinks fit, extend the period for the completion of the act or thing before the expiration of the period.
Power to modify terms and conditions 3b. (1) Where terms and conditions are imposed pursuant to this Act, the Minister may, on the advice of the Director General, from time to time modify the terms and conditions for the purpose of carrying out the objects of this Act.
Before modifying the terms and conditions, notice must be given to the person bound by the terms and conditions stating—
The modified terms and conditions shall not take effect in less than fourteen days from the date the notice is issued under subsection (2).
Where the terms and conditions were initially imposed by the Director General pursuant to this Act, the terms and conditions as modified by the Minister shall be deemed to have been imposed by the Director General.
For the purposes of this section, “modify” means add to, delete or vary.”.
New section 6a
The principal Act is amended by inserting after section 6
the following section:
“Public ruling 6a. (1) The Director General may, at any time, make a public ruling on the application of any provision of this Act.
The Director General may withdraw, either wholly or partly, any public ruling made under this section.”.
Windfall Profit Levy (Amendment)
5
Amendment of section 11
Subsection 11(1) of the principal Act is amended by substituting for the words “in the prescribed form” the words “in the form and manner as determined by the Director General”.
Amendment of section 14
Subsection 14(1) of the principal Act is amended by substituting for the words “in the prescribed form” the words “in the form and manner as determined by the Director General”.
Amendment of section 19
Section 19 of the principal Act is amended by substituting for paragraph (1)(c) the following paragraph:
“(c) counterfeits or causes to be counterfeited or falsifies or causes to be falsified any document which is or may be required under this Act or used in the transaction of any business or matter relating to levy, or uses or causes to be used or in any way assists in the use of such counterfeited or falsified document;”.
Amendment of section 28