Malawi Act or statute

Malawi legislation

Fines (Conversion) Act, 2005

conversionconversion of finesdefinitionsfinesmultiplierpenalties

Jurisdiction: Malawi
Structure: 5 provisions
Citation: Act 10 of 2005
Official identity: Year 2005
Dates: Enacted 2005 · Source version 31 Dec 2014

More statute details

Official identity: Year 2005
Dates: Enacted 2005 · Source version 31 Dec 2014

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Enactment structure, operative effect and source provenance

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Purpose and legislative effect

“This Act may be cited as the Fines (Conversion) Act.”

This Act may be cited as the Fines (Conversion) Act. This section defines “fine” and “penalty value” for the Act. The Decimal Currency Act does not apply to the conversion of fines. If an Act sets a fine in Kwacha or pounds, that amount must be converted into a penalty value under section 5. This section sets how to convert fines into penalty values using specified multipliers.

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Enacted 2005 · Source version 31 Dec 2014. The date shown identifies this source expression and should not be treated as proof that no later change exists.
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Short title

This Act may be cited as the Fines (Conversion) Act.

Section 1

Interpretation

This section defines “fine” and “penalty value” for the Act.

Section 2

Non application of Cap. 45:02

The Decimal Currency Act does not apply to the conversion of fines.

Section 3

Fines to be converted to penalty values

If an Act sets a fine in Kwacha or pounds, that amount must be converted into a penalty value under section 5.

Section 4

Method of conversion

This section sets how to convert fines into penalty values using specified multipliers.

Section 5

Source and current-law status

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Source record from malawilii.org · Enacted 2005 · Source version 31 Dec 2014

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Showing 5 of 5 provisions

Short titleInterpretationProvisionSubstitution

Part I

Preliminary

§ 1Short titleShort title

This Act may be cited as the Fines (Conversion) Act.

1. Short title This Act may be cited as the Fines (Conversion) Act.

Section 1Verify source

§ 2InterpretationInterpretation

This section defines “fine” and “penalty value” for the Act.

2. Interpretation In this Act, unless the context otherwise requires— “ fine ” means an amount of money prescribed in an Act as punishment or penalty for an offence against the Act, but does not include— (a) an amount prescribed by section 21 (e) of the General Interpretation Act or by a provision of any other Act as the amount of a fine that may be prescribed for an offence or a contravention against any subsidiary legislation; or [Cap. 1:01] (b) a fine prescribed by any subsidiary legislation for an offence or a contravention against such subsidiary legislation; “ penalty value ” means the amount in Kwacha ascertained by converting a fine in accordance with section 5 .

Section 2Verify source

§ 3Non application of Cap. 45:02Provision

The Decimal Currency Act does not apply to the conversion of fines.

3. Non application of Cap. 45:02 The Decimal Currency Act shall not apply in respect of the conversion of fines.

Section 3Verify source

Part II

Conversion of fines to penalty values

§ 4Fines to be converted to penalty valuesSubstitution

If an Act sets a fine in Kwacha or pounds, that amount must be converted into a penalty value under section 5.

4. Fines to be converted to penalty values Where a provision in an Act prescribes a fine and the fine is stated as— (a) an amount in Kwacha or in pounds; or (b) a rate specified as an amount in Kwacha or in pounds, the amount shall be converted to a penalty value by a calculation in accordance with section 5 and the provision in the Act shall, for the purposes of the Act or of any other written law, be read as if the amount were instead stated as the penalty value so ascertained, and such penalty value shall apply in substitution of the stated amount.

Section 4Verify source

§ 5Method of conversionOffence

This section sets how to convert fines into penalty values using specified multipliers.

5. Method of conversion If a fine or the rate of a fine — (a) is expressed in Kwacha and was last varied, or, if never varied was prescribed by an Act which was passed, in the year specified in Column 1 of Part I of the Schedule, the penalty value of the fine shall be ascertained by multiplying the amount stated in the Act by the multiplier number specified in relation to such year in Column 2 of that Part; [Schedule Part I] (b) is expressed in pounds, the penalty value of the fine shall be ascertained by multiplying the amount of the fine stated in the Act by the multiplier number specified in Part II of the Schedule. [Schedule Part II] Schedule (Section 5) Part I – Multiplier numbers for fines expressed in kwacha Column 1 Year in which fine or rate of a fine was prescribed or last varied Column 2 Multiplier number From: 1971 to 1981 100 1982 to 1986 75 1987 to 1992 50 1993 to 1995 40 1996 to 2000 20 2001 to 2004 10 2005 1 Part II – Multiplier number for fines expressed in pounds The multiplier number for fines expressed in pounds is 1,000.

Section 5Verify source

Legislative relationships

1 referenced instrument

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1 instrument

General Interpretation Act
Section 2

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31 Dec 2014 · currentEnglish

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