Fees and Fines Act, 1994

1. (1) This Act may be cited as Lhe Fees and Fines Act, 1994. (2) This Act shall be deemed to have commenced on the 29th January, 1994.

2. (1) In this Act, unless the conLext otherwise requires- " fee" includes tax, levy, charge and any other impost, whether or not a service is provided in exchange for the payment thereof; " fine " means any pecuniary penalty that may be imposed by a court for an offence. (2) For the purposes of the application of this Act to other Acts­ ( a) a reference in any other Act to a number of ngwee shall be read as a reference to the appropriate fraction of a kwacha; and (b) a reference to another Act does not include a reference to any statutory instrument made under that Act. Single copies of 1his Acl may be oblained from lhe Governmenl Prinler, P.O. Box 30136, Lusaka 10100. Price 1(!)0.00 each. .. ... 38 No. 13 of 1994] Fees and Fines PART II FEES AND FEE UNITS Fee units

3. In any written law, unless the context otherwise requires, 1 1 fee unit " means one hundred kwacha. Fees expressed in kwacha amounts are to be convened to fees expressed in fee units

4. Where a provision in any Act imposes a fee and the fee is expressed as-- ( a) a specified number of kwacha; or (b) a rate whereby a specified numberofkwacha is payable for a specified quantity of any thing, or a specified period of time; the provision shall be read as if the fee were expressed instead as­ (i) the number of fee units calculated in accordance with sectionjive; or (ii) a rate whereby the number of fee units calculated in accordance with sectionjive is payable for the specified quantity, or specified period of time; as the case may require. Method of conversion

5. (1) The number of fee units that corresponds, for the pur­ poses of section/our, to the amount in kwacha of a fee shall be calculated as follows: I (a) the number ofkwacha shall be multiplied by the appropri­ ate multiplier; (b) the result shall be divided by one hundred; (c) the required number of fee units shall be- (i) the quotient obtained under paragraph (b ), if it is a whole number; or (ii) the next highest whole number, if that quotient is not a whole number. (2) In this section, 1 1 appropriate multiplier", in relation to the amount of a fee prescribed by an Act, means the number specified in the Schedule that corresponds to-- ( a) the year in which the fee was last varied by amendment of the provision concerned; or (b) if it has never been so varied, the year in which that provision came into force. Fees and Fines [No. 13 of 1994 39 PART III FINES AND PENAL TY UNITS

6. In any written law, unless the context otherwise requires, " penalty unit " means one hundred kwacha.

7. Where any Act provides that a fine may be imposed for an offence and the amount of the fine, or the maximum amount of the fine, that may be so imposed is expressed as- ( a) a specified number of kwacha; or (b) a rate whereby a specified numbcr of kwacha is payable in respect of a specified quantity of any thing, or in respect of a specified period of time; the provision shall be read as if the amount, or maximum amount, of the fine were expressed instead as- (i) the number of penalty units calculated in accordance with section eight; or (ii) a rate whereby the number of penalty units calculatect in accordance with section eight is payable in respectof the specified quantity. or specified period of time; as the case may require. Penalty units Fines expressed in kwacha amounts are to be converted to fines expressed in penalty units •

8. (1) The number of penalty units that corresponds, for the purposes of section seven, to the amount in kwacha of a fine shall be calculated as follows: Method of conversion ( a) the numberof kwacha shall be multiplied by the appropri­ ate multiplier; (b) the result shall be divided by one hundred; (c) the required number of penalty units shall be- (i) the quotient obtained under paragraph (b), if it is a whole number; or (ii) the next highest whole number, if that quotient is not a whole number. (2) In this section," appropriate multiplier", in relation to a fine imposed by a provision of any Act, means the number specified in the Schedule that corresponds to- ( a) the year in which the fine was last varied by amendment; or (b) if it has never been so varied, the year in which that provision came into force. 40 No. 13 of 1994] Fees and Fines SCHEDULE (Sections 5 and 8) Year in which fee or fine was last varied Multiplier MULTIPLIERS FOR FEES AND FINES IN ACTS 1970 or earlier 1971-1975 1976--1980 1981-1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1500 1000 500 250 125 75 50 25 15 8 4 2 l •