IMPOSITION OF DUTIES ACT, 1957

Type Act

Publication 1957-05-28

Last updated 1993-06-17

State In force superseded text

Text As published

Source Irish Statute Book

articles 7

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

6 amending acts · 1993-06-17, FINANCE ACT, 1993

Reform history JSON API

AN ACT TO PROVIDE FOR THE IMPOSITION, VARIATION AND TERMINATION BY ORDER OF CUSTOMS DUTIES, EXCISE DUTIES AND STAMP DUTIES, AND FOR SUSPENSION OF, AND EXEMPTION FROM, CUSTOMS DUTIES IN CERTAIN CASES. [28th May, 1957.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Imposition, variation and termination of duties.

1.—The Government may by order:

(a) impose, whether with or without qualifications, limitations, drawbacks, allowances, exemptions, or preferential rates, and as from any specified day, a customs duty of such amount as they think proper on any particular description of goods imported into the State and, where the goods are chargeable with any other customs duty, so impose the first-mentioned duty either in addition to or in substitution for the other duty;

(b) terminate or vary in any manner or respect whatsoever, and as from any specified day, in regard to goods imported into the State any customs duty in force at the passing of this Act or imposed by any Act passed or order made after the passing of this Act or any qualification, limitation, drawback, allowance, exemption, or preferential rate in force at the date of the order in relation to any such duty;

(c) limit any such imposition, termination or variation to goods consigned from or grown, produced, or made in particular countries;

(d) impose, whether with or without qualifications, limitations, allowances, exemptions, or preferential rates, an excise duty on any particular matter or thing as from any specified day and, for the purpose of the duty, require the taking out of a licence for the doing of any particular thing;

(e) terminate or vary in any manner or respect whatsoever and as from any specified day any excise duty in force at the passing of this Act or imposed by any Act passed or order made after the passing of this Act, or any qualification, limitation, allowance, exemption, or preferential rate in force at the date of the order in relation to any such duty;

(f) impose, whether with or without qualifications, limitations, allowances, exemptions, or preferential rates, a stamp duty on any particular description of document or transaction as from any specified day and, for the purpose of the duty, require a document or a particular form of document to be used in or in connection with any particular description of transaction;

(g) terminate or vary in any manner or respect whatsoever and as from any specified day any stamp duty in force at the passing of this Act or imposed by any Act passed or order made after the passing of this Act, or any qualification, limitation, allowance, exemption, or preferential rate in force at the date of the order in relation to any such duty;

(h) apply (with or without modification) to or in respect of any duty imposed or varied under this section any statutory provision regulating the collection of or imposing penalties in relation to duties of the class to which the duty belongs;

(i) place any duty imposed or varied under this section under the care and management of the Revenue Commissioners;

(j) revoke or amend an order under this section.

2 Effect of orders under section 1.

2.—(1) Every order under section 1 shall have statutory effect upon the making thereof and, unless the order either is confirmed by Act of the Oireachtas passed not later than the end of the year following that in which the order is made or is an order merely revoking wholly an order previously made under that section, the order shall cease to have statutory effect at the expiration of that period but without prejudice to the validity of anything previously done thereunder.

(2) No order under section 1 which ceases to have statutory effect by reason of the expiration of the period mentioned in subsection (1) of this section or which is revoked by order under section 1 shall be capable of being continued or renewed by any other order made (whether before or after such cesser or revocation) under that section.

(3) If when an order under section 1 is made or at any time thereafter and before the order is confirmed by Act of the Oireachtas or is revoked or ceases to have statutory effect Dáil Éireann stands adjourned for a period of more than ten days and if during the adjournment a majority of the members of Dáil Éireann by notice in writing given to the Ceann Comhairle require Dáil Éireann to be summoned, the Ceann Comhairle shall summon Dáil Éireann to meet on a day named by him not being more than twenty-one days after the receipt by him of the notice nor less than ten days after the issue of the summons.

3 Provisions relating to duties subject to licensing provisions.

3.—(1) This section applies to any customs duty in respect of which there is provision for the importation of goods by licence without payment of the duty whenever the Minister for Finance, after consultation with the Minister for Industry and Commerce or the Minister for Agriculture, as the case may be, so thinks proper.

(2) In relation to a duty to which this section applies, the Minister for Finance, if he considers it in the public interest so to do, may, with the consent of the other Minister referred to in subsection (1) in relation to that duty, by order—

(a) suspend the duty or its application to goods of a particular class or description, or

(b) exempt from the duty goods of a particular class or description.

(3) The Minister for Finance may, with the like consent, by order revoke or amend an order under this section.

(4) An order under subsection (2) may be made without limit as to time or for a specified period.

4 Laying of orders before Houses of the Oireachtas.

4.—Every order under section 3 shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution is passed by either House within the next twenty-one days upon which that House has sat after the order has been laid before it annulling the order, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

5 Repeal.

5.—The Emergency Imposition of Duties Act, 1932 (No. 16 of 1932), is hereby repealed.

6 Continuance of orders under the Emergency Imposition of Duties Act, 1932.

6.—Every order under the Emergency Imposition of Duties Act, 1932, which is in force immediately before the passing of this Act shall continue in force notwithstanding the repeal of the first-mentioned Act and section 2 shall apply to the order as it applies to orders under section 1.

7 Short title.

7.—This Act may be cited as the Imposition of Duties Act, 1957.

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