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East African Community Customs Management Act, 2004 - VERTIC

East African Community Customs Management Act, 2004 - VERTIC

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No. 1 <strong>East</strong> <strong>African</strong> <strong>Community</strong> <strong>Customs</strong> <strong>Management</strong> 2005the commencement of this <strong>Act</strong>, that security shall have effect as ifundertaken or incurred under this <strong>Act</strong>, and may be enforced in respectto a default occurring at any time after the date it was givennotwithstanding that the date was prior to the commencement of this<strong>Act</strong>.(3) Where duty was due to be paid or refunded under the PartnerStates' <strong>Customs</strong> laws, whether before or after the commencement ofthis <strong>Act</strong>, and was not paid or refunded it shall be paid or refunded asthough it were a sum due under this <strong>Act</strong>.(4) If, under the Partner States' <strong>Customs</strong> laws in force at thecommencement of this <strong>Act</strong>, the Commissioner was responsible for theperformance of any functions not provided for under this <strong>Act</strong>, theCommissioner shall continue to perform such functions until theenactment of appropriate national legislation providing for theperformance of the functions under that legislation.(5) Any subsidiary legislation made under the Partner States'<strong>Customs</strong> laws in force at the commencement of this <strong>Act</strong> shall remainin force, so far as it is not inconsistent with this <strong>Act</strong>, until a newsubsidiary legislation with respect to the same matter is made underthis <strong>Act</strong>.(6) If, at the commencement of this <strong>Act</strong>, a tax appeals tribunal is yetto be established by a Partner State as required by section 231, appealsagainst the decisions of the Commissioner made under section 229shall lie to the High Court of that Partner State.(7) Unless a contrary intention appears, the commencement of this<strong>Act</strong> shall not-(a) revive anything not in force or existing at the time at whichthe commencement takes effect; or(b) affect the previous operation of the Partner States' <strong>Customs</strong>laws in force at the commencement or anything duly doneor suffered under those laws or(c) affect a right, privilege, obligation or liability acquired,accrued or incurred under a written law of a Partner State inforce at the commencement;153

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