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Assignment of Export Duty (Mineral Ores) Act 1964 (Revised 1989)

LAWS OF MALAYSIA

REPRINT

Act 396

ASSIGNMENT OF EXPORT

DUTY (MINERAL ORES)

ACT 1964

Incorporating all amendments up to 1 January 2006 PUBLISHED BY

THE COMMISSIONER OF LAW REVISION, MALAYSIA

UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH

PERCETAKAN NASIONAL MALAYSIA BHD

2006

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ASSIGNMENT OF EXPORT DUTY

(MINERAL ORES) ACT 1964

First enacted ... ... ... ... ... ... ... 1964 (Act No. 27 of 1964)

Revised ... ... ... ... ... ... ... 1989 (Act 396 w.e.f 16 November 1989)

PREVIOUS REPRINT

First Reprint ... ... ... ... ... 2001

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LAWS OF MALAYSIA

Act 396

ASSIGNMENT OF EXPORT DUTY

(MINERAL ORES) ACT 1964

ARRANGEMENT OF SECTIONS

Section

1. Short title and application

2. Assignment of export duty on mineral ores

3. Payment to be charged on the Consolidated Fund

4. Prohibition of imposition of royalty SCHEDULE

4 Laws of Malaysia ACT 396

5Assignment of Export Duty (Mineral Ores)

LAWS OF MALAYSIA

Act 396

ASSIGNMENT OF EXPORT DUTY

(MINERAL ORES) ACT 1964

An Act to provide for the assignment by the Government of Malaysia to the State Governments of a portion of export duty collected by the Government of Malaysia in respect of certain mineral ores, and for matters connected therewith.

[1 October 1964]

BE IT ENACTED by the 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:

Short title and application

1. (1) This Act may be cited as the Assignment of Export Duty (Mineral Ores) Act 1964.

(2) Sections 2 and 3 shall not apply to the States of Sabah and Sarawak.

Assignment of export duty on mineral ores

2. (1) There shall be paid to the State Governments specified in the first column in the Schedule a portion of the export duty on the mineral ores (other than iron ore and tin) specified in the second column in the Schedule, produced in those States; and the portion of export duty so payable shall be as specified in the third column in the said Schedule.

(2) No royalty or similar charges (whether under a lease or other instrument or under any State enactment, or whether the lease or instrument was made or the enactment passed before or after the 6 Laws of Malaysia ACT 396

making of the payment under subsection (1)) shall as from the date of the making of the payment under that subsection be levied by the State Governments in respect of such mineral ores (other than iron ore and tin), except with the written agreement of the Minister of Finance.

(3) Parliament may by resolution add to, vary, delete or otherwise amend the Schedule.

Payment to be charged on the Consolidated Fund

3. Payments under this Act shall be charged on the Consolidated Fund.

Prohibition of imposition of royalty

4. In relation to the levy by the States of Sabah and Sarawak of royalty amounting to more than ten per centum ad valorem (calculated as for export duty) on the mineral ores specified in the second column in the Schedule and on iron ore and tin, the concurrence of the Minister of Finance in writing shall first be obtained. SCHEDULE

(1) (2) (3)

State Governments Mineral ores Portion of export duty payable

Johore Bauxite .. ..

Kedah Wolframite .. ..

Kelantan Scheelite .. ..

Malacca Columbite

Negeri Sembilan Tantalite .. .. One half

Pahang Copper .. ..

Penang Ilmenite .. ..

Perak Zircon .. ..

Perlis Monazite .. ..

Selangor Manganese .. ..

Terengganu

7Assignment of Export Duty (Mineral Ores)

LAWS OF MALAYSIA

Act 396

ASSIGNMENT OF EXPORT DUTY

(MINERAL ORES) ACT 1964

LIST OF AMENDMENTS

Amending law Short title In force from

­ NIL ­

8 Laws of Malaysia ACT 396

DICETAK OLEH

PERCETAKAN NASIONAL MALAYSIA BERHAD,

KUALA LUMPUR

BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA

LAWS OF MALAYSIA

Act 396

ASSIGNMENT OF EXPORT DUTY

(MINERAL ORES) ACT 1964

LIST OF SECTIONS AMENDED

Section Amending authority In force from

­ NIL ­