No. 5/1929:

FINANCE (CUSTOMS AND STAMP DUTIES) ACT, 1929

ARRANGEMENT OF SECTIONS

PART I CUSTOMS DUTIES

1 Duty on woven tissues of wool or worsted.

2 Increase of duty on certain personal clothing and wearing apparel.

3 Exemption from motor car duty.

4 Construction of this Part of this Act.

PART II STAMP DUTIES AND GENERAL

5 Exemption from certain stamp duties.

6 Short title.

AN ACT TO CHARGE AND IMPOSE CERTAIN DUTIES OF CUSTOMS, TO INCREASE THE RATE OF THE CUSTOMS DUTY ON CERTAIN CLASSES OF PERSONAL CLOTHING AND WEARING APPAREL, TO GRANT CERTAIN EXEMPTIONS FROM MOTOR CAR DUTY AND FROM CERTAIN STAMP DUTIES, AND TO MAKE OTHER PROVISIONS IN CONNECTION WITH FINANCE.

[11th April, 1929.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

PART I CUSTOMS DUTIES

1.—(1) A customs duty of an amount equal to twenty-five per cent. of the value of the article shall be charged, levied, and paid on all woven tissues made wholly or partly of wool or worsted (other than blanketing and floor coverings) which are imported into Saorstát Eireann on or after the 21st day of February, 1929, and are so imported in the piece and are of the width of twelve inches or more and of the weight of seven ounces or more per square yard and of a value exceeding one shilling and sixpence per square yard.

(2) Whenever the Revenue Commissioners are satisfied that any woven tissue which but for this sub-section would be chargeable with the duty imposed by this section is of the nature of blanketing or felt and is suitable and intended solely for use in the manufacture of saddlery or harness or for use by printers for the purposes of their printing business or for use as ironing cloths by laundrymen or tailors, the Revenue Commissioners may, subject to compliance with such conditions as they may think fit to impose, permit such woven tissue to be imported without payment of the duty imposed by this section.

(3) Whenever the Revenue Commissioners are satisfied that any woven tissue which but for this sub-section would be chargeable with the duty imposed by this section is imported for use by the importer in the manufacture by him in Saorstát Eireann of personal clothing or wearing apparel for exportation, the Revenue Commissioners may, subject to compliance with such conditions as they may think fit to impose, permit such woven tissue to be imported without payment of the duty imposed by this section.

(4) Whenever the Revenue Commissioners are satisfied that any partially manufactured woven tissue which but for this sub-section would be chargeable with the duty imposed by this section is imported for further manufacture and subsequent exportation, they may, subject to compliance with such conditions as they may think fit to impose, permit such woven tissue to be imported without payment of the duty imposed by this section.

(5) The provisions of section 8 of the Finance Act, 1919, shall apply to the duty imposed by this section in like manner as if woven tissues made wholly or partly of wool or worsted were mentioned in the Second Schedule to that Act as goods to which four-fifths of the full rate is made applicable as a preferential rate but with the substitution in the said section of the expression "Saorstát Eireann" for the expression "Great Britain and Ireland."

(6) The value of any article shall for all the purposes of this section be taken to be the price which an importer would give for the article if the article were delivered, freight and insurance paid, in bond at the place of importation, and duty shall be paid on that value as fixed by the Revenue Commissioners.

(7) The duty imposed by this section is hereby placed under the care and management of the Revenue Commissioners.

(8) This section shall be deemed to have come into force on and shall take effect as on and from the 21st day of February, 1929.

2.—(1) The duty chargeable under section 16 of the Finance Act, 1925 (No. 28 of 1925), as amended by subsequent legislation shall, in the case of personal clothing or wearing apparel wholly or partly made of woven tissues made wholly or partly of wool or worsted and imported into Saorstát Eireann on or after the 21st day of February, 1929, be charged, levied, and paid at the rate of twenty per cent. of the value of the article in lieu of the rate mentioned in the said section 16.

(2) This section shall be deemed to have come into force on and shall take effect as on and from the 21st day of February, 1929.

3.—(1) Where a person engaged in the manufacture in Saorstát Eireann of motor tractors shows to the satisfaction of the Revenue Commissioners that a substantial proportion of the motor tractors manufactured by him in Saorstát Eireann is exported, the Revenue Commissioners may, subject to the provisions of this section and to compliance with such conditions as they think fit to prescribe from time to time for the security of the revenue, allow the importation by such person without payment of the duty imposed by section 11 of the Finance Act, 1928 (No. 11 of 1928), of motor tractor parts and assemblies of such parts.

(2) Motor tractor parts and assemblies of such parts imported under this section without payment of duty shall be used in Saorstát Eireann by the importer thereof in the manufacture by him of motor tractors, whether for exportation or home use, or in the repair of motor tractors originally manufactured by him in Saorstát Eireann, and for no other purpose whatsoever.

(3) If any person acts in contravention of this section or of any of the conditions prescribed by the Revenue Commissioners under this section, he shall be guilty of an offence under the Customs Acts and shall for each such offence forfeit, at the election of the Revenue Commissioners, either treble the value of the article in respect of which such contravention has taken place including the duty payable thereon under section 11 of the Finance Act, 1928 (No. 11 of 1928), or one hundred pounds, and in any case the article in respect of which such contravention has taken place shall be forfeited.

4.—This Part of this Act shall be construed together with the Customs Acts.

PART II STAMP DUTIES AND GENERAL

5.—(1) No stamp duty shall be chargeable or payable on any debenture stock or any certificate of charge issued by the Agricultural Credit Corporation, Limited, nor on any deed of trust, transfer, submortgage or other instrument executed by the Agricultural Credit Corporation, Limited, for securing directly or indirectly the payment of the moneys secured by any such debenture or debenture stock or any such certificate of charge.

(2) No stamp duty shall be chargeable or payable on any power of attorney executed solely for or for the purpose of a transfer of shares of The Agricultural Credit Corporation, Limited, or of debentures, debenture stock, or certificates of charge issued by The Agricultural Credit Corporation, Limited.

(3) In the event of the capital of the Agricultural Credit Corporation, Limited, being increased at any time after the passing of this Act, no stamp duty shall be chargeable or payable on or in respect of such increase of capital.

(4) In this section the expression "certificate of charge" has the same meaning as it has in the Agricultural Credit Act, 1927 (No. 24 of 1927).

6.—This Act may be cited as the Finance (Customs and Stamp Duties) Act, 1929 .