Zambia Act or statute

Zambia legislation

Immigration and Deportation (Amendment) Act, 2016

amendmentborder clearanceenforcementimmigrationlegislative draftingpaymentsreceiptsschedule amendmentstatutory amendmentstatutory draftingstatutory text replacementtravel documents

Jurisdiction: Zambia
Structure: 13 provisions
Citation: Act 19 of 2016
Dates: Legal dates not recorded

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Dates: Legal dates not recorded

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Purpose and legislative effect

“This provision amends section three of the principal Act by deleting paragraph (c) in subsection (1).”

This provision amends section three of the principal Act by deleting paragraph (c) in subsection (1). The provision amends section four by replacing references to “Public Service Commission” with “Zambia Police Service Commission”. This provision amends section 10 of the principal Act by deleting specified words and replacing “Director’s” with “Director-General’s” in subsection (4). This section amends section 18 of the principal Act by deleting the words “or deportation” after “removal” in subsection (1)(a). Section 20 of the principal Act is amended by adding a ten-year Zambia employment-permit condition, deleting paragraph (g), and deleting subsection (7).

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Section three of the principal Act is amended in subsection

This provision amends section three of the principal Act by deleting paragraph (c) in subsection (1).

Section 3

Section eighteen of the principal Act is amended in

This section amends section 18 of the principal Act by deleting the words “or deportation” after “removal” in subsection (1)(a).

Section 6

The principal Act is amended by the repeal of section twenty

This provision repeals section 24 of the principal Act.

Section 9

Section fifty-two of the principal Act is amended by the

Using a passport or travel document other than the one used to clear entry is an offence, with stated exceptions.

Section 12

The First Schedule to the principal Act is amended in class

The First Schedule to the principal Act is amended in class C by adding the word “spouse” and a comma between “any” and “forebear.”

Section 14

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Source record from zambialii.org · Legal dates not recorded

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Showing 13 of 13 provisions

Amendment 5Substitution 5Repeal 2Offence

§ 3Section three of the principal Act is amended in subsectionAmendment

This provision amends section three of the principal Act by deleting paragraph (c) in subsection (1).

3. Section three of the principal Act is amended in subsection (1) by the deletion of paragraph (c) .

Section 3Verify source

§ 4Section four of the principal Act is amended by the deletionSubstitution

The provision amends section four by replacing references to “Public Service Commission” with “Zambia Police Service Commission”.

4. Section four of the principal Act is amended by the deletion of the words “Public Service Commission”, wherever they appear, and the substitution therefor of the words “Zambia Police Service Commission”.

Section 4Verify source

§ 5Section ten of the principal Act is amendedSubstitution

This provision amends section 10 of the principal Act by deleting specified words and replacing “Director’s” with “Director-General’s” in subsection (4).

5. Section ten of the principal Act is amended— (a) in subsection (1), by the deletion of the words “or removal”; and (b) in subsection (4), by the deletion of the word “Director’s” and the substitution therefor of the words “Director- General’s”. Amendment of section 3 Amendment of section 4 Amendment of section 10

Section 5Verify source

§ 6Section eighteen of the principal Act is amended inAmendment

This section amends section 18 of the principal Act by deleting the words “or deportation” after “removal” in subsection (1)(a).

6. Section eighteen of the principal Act is amended in subsection (1) (a) by the deletion, immediately after the word, “removal” of the words “or deportation”. Amendment of section 18 Single copies of this Act may be obtained from the Government Printer, P.O. Box 30136, 10101 Lusaka, Price K8.00 each. 508 No. 19 of 2016] (Amendment) Immigration and Deportation Amendment of section 20

Section 6Verify source

§ 7Section twenty of the principal Act is amendedAmendment

Section 20 of the principal Act is amended by adding a ten-year Zambia employment-permit condition, deleting paragraph (g), and deleting subsection (7).

7. Section twenty of the principal Act is amended— (a) in subsection (2)— (i) by the insertion, in paragraph (c), immediately after the word “years”, of the words “or has been in Zambia on employment permit for a continuous period of ten years”; and (ii) by the deletion of paragraph (g); and (b) by the deletion of subsection (7). Amendment of section 23

Section 7Verify source

§ 8Section twenty-three of the principal Act is amended inRepeal

Section 23 is amended to add a new paragraph: “residence permit holder.”

8. Section twenty-three of the principal Act is amended in subsection (1) by the insertion, after paragraph (b), of the following paragraph: (c) residence permit holder. Repeal of section 24 Amendment of section 28

Section 8Verify source

§ 9The principal Act is amended by the repeal of section twentyRepeal

This provision repeals section 24 of the principal Act.

9. The principal Act is amended by the repeal of section twenty- four.

Section 9Verify source

§ 10Section twenty-eight of the principal Act is amended bySubstitution

This provision amends section 28 of the principal Act by deleting subsection (2) and replacing the word “five” with “ten” in subsection (5).

10. Section twenty-eight of the principal Act is amended by— (a) the deletion of subsection (2); and (b) the deletion in subsection (5) of the word “five” and the substitution therefor of the word “ten”. Amendment of section 40

Section 10Verify source

§ 11Section forty of the principal Act is amended in subsectionSubstitution

Section 40(2) is amended by replacing the word “deportation” with “repatriation”.

11. Section forty of the principal Act is amended in subsection (2) by the deletion of the word “deportation” and the substitution therefor of the word “repatriation”. Amendment of section 52

Section 11Verify source

§ 12Section fifty-two of the principal Act is amended by theSubstitution

Using a passport or travel document other than the one used to clear entry is an offence, with stated exceptions.

12. Section fifty-two of the principal Act is amended by the deletion of subsection (5) and the substitution therefor of the following: (5) A person who attempts to use or uses a passport, diplomatic passport or travel document, other than the one upon which that person’s entry was cleared, commits an offence. (6) Subsection (5) does not apply to— (a) a person whose passport, diplomatic passport or travel document has been lost or stolen and in respect of which a police report has been made and is produced at the time of clearance proving the loss or theft; or (b) a citizen of Zambia who holds dual citizenship. Immigration and Deportation (Amendment) [No. 19 of 2016 509 Insertion of section 56A Payment of fine without appearing in court

Section 12Verify source

§ 13The principal Act is amended by the insertion, immediatelyAmendment

This section amends the principal Act by inserting a new section immediately after section 56.

13. The principal Act is amended by the insertion, immediately after section fifty-six, of the following new section:

Section 13Verify source

§ 56ASection 56AOffence

Immigration officers may demand a fine in limited cases, must tell the person they can admit or dispute liability, and must give a receipt if payment is received.

56A. (1) An immigration officer may, where satisfied that a person has committed an offence for which the penalty does not exceed two hundred thousand penalty units, or where a person has admitted the commission of an offence under this Act for which the penalty does not exceed two hundred thousand penalty units, summarily demand from the person the payment of a fine not exceeding one hundred thousand penalty units in respect of the offence. (2) An immigration officer shall, where the immigration officer demands a payment under subsection (1), inform the person against whom the demand is made of the right to admit or dispute the liability. (3) A person from whom payment of a fine has been demanded under subsection (1) may elect to admit liability and pay the fine or dispute liability. (4) The payment of a fine shall operate as a bar to any further criminal proceedings against the person making the payment in respect of the offence concerned. (5) An immigration officer who receives payment of a fine shall give a receipt to the person making the payment in such form as may be prescribed. (6) An immigration officer who receives payment under this section and— (a) fails to issue a receipt to the person making the payment as required under subsection (5); (b) fails to account for any payment made under this section; or (c) in any manner, misuses or puts to personal use any payment made under this section; commits an offence and is liable, upon conviction, to a fine not exceeding three hundred thousand penalty units or to imprisonment for a period not exceeding three years, or to both.

Section 56AVerify source

§ 14The First Schedule to the principal Act is amended in classAmendment

The First Schedule to the principal Act is amended in class C by adding the word “spouse” and a comma between “any” and “forebear.”

14. The First Schedule to the principal Act is amended in class C by the insertion of the word “spouse” and a comma between the words “any” and “forebear.” Amendment of First Schedule 510

Section 14Verify source

Legislative relationships

2 referenced instruments

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2 instruments

of section twenty This provision repeals section 24 of the principal Act
Section 9
principal Act
Sections 3, 5, 6, 10, 13

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