BULLETIN 2018 - NUMBER OF ACTS ENACTED - 32

NEW LEGISLATIONS

1. Political Parties Act (Act 1 of 2018)

An Act to make provision for regulating the registration, financing and functioning of political parties; and to provide for matters incidental thereto and connected therewith.

Date of Commencement: 1st December, 2018

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2. Trademarks Act (Act 2 of 2018)

An Act to regulate matters relating to registration and protection of trademarks, well known marks, collective marks, certification marks, geographical indications and for matters connected therewith and incidental thereto.

Date of Commencement: 1st October, 2018

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3. Warehouse Receipts Act (Act 3 of 2018)

An Act to provide for warehouse receipts and warehousing; the negotiation and transfer of warehouse receipts and for matters connected thereto.

Date of Commencement: On Notice

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4. International Development Association (Malawi Agricultural Commercialization Project) Loan (Authorization) Act (Act 4 of 2018)

An Act to authorize the Malawi Government to borrow from the International Development Association, sums of money in various convertible currencies, not exceeding in the aggregate, the equivalent of seventy million, one hundred thousand Special Drawing Rights (SDR70,100,000).

Date of Commencement: 2nd February, 2018

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5. International Development Association (Shire Valley Transformation Project) Loan (Authorization) Act (Act 5 of 2018)

An Act to authorize the Malawi Government to borrow from the International Development Association, sums of money in various convertible currencies, not exceeding in the aggregate, the equivalent of one hundred and thirteen million three hundred thousand Special Drawing Rights (SDR113,300,000).

Date of Commencement: 2nd February, 2018

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6. Referendum Act (Act 6 of 2018)

An Act to provide for the conduct and holding of referenda in Malawi and other matters connected thereto.

Date of Commencement: On Notice

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7. HIV and AIDS (Prevention and Management) Act (Act 9 of 2018)

An Act to make provision for the prevention and management of HIV and AIDS; to provide for the rights and obligations of persons living with HIV or affected by HIV and AIDS; to provide for the establishment of the National AIDS Commission; and to provide for matters incidental thereto or connected therewith.

Date of Commencement: 15thJune, 2018

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8. Kuwait Fund for Arab Economic Development (Extension of Mangochi Potable Water Supply Project) Loan (Authorization) Act (Act 11 of 2018)

An Act to authorize the Government of Malawi to borrow from the Kuwait Fund for Arab Economic Development sums of money equivalent to five million Kuwaiti Dinars (K.D.5,000,000), (“the Loan”).

Date of Commencement: 11th May, 2018

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9. International Fund for Agricultural Development (Financial Access for Rural Markets, Smallholders and Enterprise (FARMSE) Programme) Loan Authorization Act (Act 12 of 2018)

An Act to authorize the Malawi Government to borrow from the International Fund for Agricultural Development the sum of twenty-one million United States Dollars (USD 21,000,000).

Date of Commencement: 11th May, 2018

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10. International Development Association (Lilongwe Water and Sanitation Project) Loan (Authorization) Act (Act 13 of 2018)

An Act to authorize the Malawi Government to borrow from the International Development Association, sums of money in various convertible currencies, not exceeding in the aggregate, the equivalent of seventy-one million two hundred thousand Special Drawing Right (SDR71,200,000).

Date of Commencement: 11th May, 2018

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11. Control of Goods Act (Act 15 of 2018)

An Act to regulate the import into and export out of Malawi, of certain classes of goods and for other matters connected therewith and incidental thereto.

Date of Commencement: On Notice

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12. OPEC Fund for International Development (Karonga Town Water Supply Project) Loan (Authorization) Act (Act 16 of 2018)

An Act to authorize the Government to borrow from the OPEC Fund for International Development a loan in the amount of fifteen million United States Dollars (US$15,000,000).

Date of Commencement: 29th June, 2018

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13. Arab Bank for Economic Development in Africa (Karonga Town Water Supply Project) Loan (Authorization) Act (Act 17 of 2018)

An Act to authorize the Government to borrow from the Arab Bank for Economic Development in Africa a loan amounting to ten million United States Dollars (US$10,000,000).

Date of Commencement: 29th June, 2018

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14 International Development Association (Digital Foundation Project) Loan (Authorization) Act (Act 18 of 2018)

An Act to authorize the Malawi Government to borrow from the International Development Association, sums of money in various convertible currencies, not exceeding in aggregate, the equivalent of fifty-three million, four hundred thousand Special Drawing Rights (SDR53,400,000).

Date of Commencement: 29th June, 2018

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15. Plant Protection Act (Act 19 of 2018)

An Act to provide for the protection of plants, the establishment of the Plant Protection Unit; for the eradication of pests and diseases destructive to plants; for the prevention of the introduction and spread of pests and diseases destructive to plants and plant products; for the promotion of appropriate measures for their control; for the repeal of the Plant Protection Act (Cap. 64:01); and for matters connected therewith and incidental thereto.

Date of Commencement: On Notice

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16. Plant Breeder’s Rights Act (Act 20 of 2018)

An Act to provide for the registration of plant breeder’s rights in respect of certain kinds of plants and the protection of the rights of persons who are registered as the holders of plant breeder’s rights; and to provide for matters incidental thereto or connected therewith.

Date of Commencement: On Notice

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17. Export and Import Bank of China (National Fibre Backbone Project Phase II) Loan (Authorization) Act (Act 21 of 2018)

An Act to authorize Government to borrow from the Export and Import Bank of China sums of money in the aggregate of Renminbi (RMB) equivalent to ninety-nine million United States Dollars (US$ 99,000,000).

Date of Commencement: 24th August, 2018

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18. Industrial and Commercial Bank of China (Last Mile Connectivity for Rural Area and National Data Centre Project) Loan (Authorization) Act (Act 22 of 2018)

An Act to authorize Government to borrow from the Industrial and Commercial Bank of China sums of money in the equivalent of fifty-six million, nine hundred and eight thousand, five hundred and ninety-six United States Dollars and fifty Cents (US$56,908,596.50).

Date of Commencement: 24th August, 2018

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19 Appropriation Act (Act 23 of 2018)

An Act to appropriate the sum of one trillion, four hundred fifty-four billion, eight hundred twenty-three million, seven hundred and seven thousand, eight hundred eighty-six Kwacha to the goods and services of the financial year ending 30th June, 2019.

Date of Commencement: 24th August, 2018

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20. Industrial and Commercial Bank of China (Blantyre City Bypass Road Project) Loan (Authorization) Act (Act 24 of 2018)

An Act to authorize Government to borrow from the Industrial and Commercial Bank of China sums of money in the equivalent of one hundred and four million five hundred and fifty thousand United States Dollars (US$104,550,000).

Date of Commencement: 24th August, 2018

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21 Export and Import Bank of China (Chileka International Airport) Loan (Authorization) Act (Act 25 of 2018)

An Act to authorize Government to borrow from the Export and Import Bank of China sums of money in the aggregate of Renminbi (RMB) equivalent to one hundred and sixty-eight million United States Dollars (US$168,000,000).

Date of Commencement: 24th August, 2018

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22. Supplementary Appropriation (2017/2018) Act (Act 29 of 2018)

An Act to appropriate the additional sum of one hundred and eight billion, eight hundred thirty-four million, eight hundred forty-three thousand, five hundred and ten Kwacha to the services of the financial year ending 30th June, 2018.

Date of Commencement: 24th August, 2018

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23. National Intelligence Service Act (Act 30 of 2018)

An Act to provide for the establishment of the National Intelligence Service, to define its powers, functions and duties; to regulate the administration and control of the Service; and to provide for matters connected with or incidental thereto.

Date of Commencement: On Notice

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24. Legal Education and Legal Practitioners Act (Act 31 of 2018)

An Act to establish a Council of Legal Education and to provide for its functions and management; to establish an Institute of Legal Education and to provide for its functions and management; to establish criteria for admission of persons to practice as legal practitioners in Malawi; to provide for the regulation of legal practice in Malawi; to make comprehensive provision for notaries public and Senior Counsel; to provide for the professional discipline of legal practitioners; to provide for the establishment, organization and administration of the Malawi Law Society; to establish a Fidelity Fund and for matters incidental thereto and connected therewith.

Date of Commencement: 1st January, 2019

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AMENDING LEGISLATIONS

1. Defence Force (Amendment) Act (Act 7 of 2018)

An Act to amend the Defence Force Act.

Date of Commencement: 24th January, 2018

Amends: ss 2, 14, 20, 21, 22, 24, 25, 26, 27, 31, 32, 33, 34, 35, 38, 39, 63, 69, 70, 88, 89, 104, 130, 132, 190, 193, 198 and 228

Subs: ss 4, 10, 12, 13, 15, 57, 60, 61, 62, 72, 77 and Schedules

Inserts: Part IIA, ss 191A, 194A and 210A

See: Defence Force Act

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2. Pesticides (Amendment) Act (Act 8 of 2018)

An Act to amend the Pesticides Act.

Date of Commencement: 1st December, 2018

Amends: ss 2, 4, 11, 12, 17, 18, 19, 20, 24, 26, 28, 29, 31, 33, 34, 44, 45 and 53

Subs: ss 21, 30, 37, 39, 40 and 41

Inserts: ss 25A, 25B and 210A

See: Pesticides Act

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3. Public Audit (Amendment) Act (Act 10 of 2018)

An Act to amend the Public Audit Act.

Date of Commencement: On Notice

Amends: s 5

Inserts: ss 5A and 5B

See: Public Audit Act

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4. Appropriation (Amendment) Act (Act 14 of 2018)

An Act to amend the Appropriation Act, 2017.

Date of Commencement: 2nd May, 2018

Subs: Schedule

See: Appropriation Act, 2017

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5. Customs and Excise (Amendment) Act (Act 26 of 2018)

An Act to amend the Customs and Excise Act.

Date of Commencement: 1st July, 2018

Amends: ss 2, 65 and 76

Subs: ss 63, 64, 65A and 77

Inserts: s 94A

See: Customs and Excise Act

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6. Value Added Tax (Amendment) Act (Act 27 of 2018)

An Act to amend the Value Added Tax Act.

Date of Commencement: 1st July, 2018

Amends: ss 2, 11, 30, 34, 37 and 38

Inserts: Part IIIA, ss 19A and 37A

Subs: ss 46 and 59

See: Value Added Tax Act

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7. Taxation (Amendment) Act (Act 28 of 2018)

An Act to amend the Taxation Act.

Date of Commencement: 1st July, 2018

Amends: ss 2, 27, 45, 70A, 84A, 86, 102A, title to Part IX, Second Schedule, Eleventh Schedule, Fourteenth Schedule and Sixteenth Schedule

Subs: ss 39, 69, 74, 76A, 84, 105 and 127B

See: Taxation Act

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8. Electoral Commission (Amendment) Act (Act 32 of 2018)

An Act to amend the Electoral Commission Act.

Date of Commencement: 2nd November, 2018

Amends: ss 2, 8, 12 and 23

Subs: s 4

Inserts: ss 21A, 21B, 21C, 21D and 21E

See: Electoral Commission Act

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