Fines (Conversion) Act (Chapter 8:06)
Malawi
Fines (Conversion) Act
Chapter 8:06
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Commenced on 9 December 2005
- [This is the version of this document at 31 December 2014 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated in the Fourth Revised Edition of the Laws of Malawi (L.R.O. 1/2015), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
This Act may be cited as the Fines (Conversion) Act. 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. The Decimal Currency Act shall not apply in respect of the conversion of fines. 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. 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]Part I – Preliminary
1. Short title
2. Interpretation
3. Non application of Cap. 45:02
Part II – Conversion of fines to penalty values
4. Fines to be converted to penalty values
5. Method of conversion