The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2007

This section says the Act may be cited by the stated short title.

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Jurisdiction: Tanzania
Instrument: Act or statute
Citation: The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2007
Version: Undated source snapshot
Language: en
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administration appeals complaints criminal offences and sentencing criminal penalties definitions delegated legislation delegation employment? no fees and penalties investigations regulatory compliance seizure and detention sentencing powers

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This section says the Act may be cited by the stated short title. This section says the laws listed in the Act’s various Parts are amended as set out in those Parts. This Part must be read together with the Merchandise Marks Act, Construction, called the principal Act. This section amends section 2 by replacing the definition of “inspector” with a new definition of “Chief Inspector.” This excerpt appears to be an amendment instruction adding new sections after section 2, including a reference to appointing an inspector, but the text is incomplete.

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Provisions of The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2007

Showing 14 of 14

1
2
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AI-assisted research summary: This section says the Act may be cited by the stated short title.

1. This Act may be cited as the W ritten Laws (M iscellaneous Short title Amendments) (No. 2) Act, 2007.
2
Short title
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AI-assisted research summary: This section says the laws listed in the Act’s various Parts are amended as set out in those Parts.

2. The laws specified in various Parts of this Act arc amended in the manner specified in the respective Parts. Amend ment o f Various laws PART II A m e n d m e n t o f t h e M e r c h a n d i s e M a r k s A c t

Part

PART II

3
4
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AI-assisted research summary: This Part must be read together with the Merchandise Marks Act, Construction, called the principal Act.

3. This Part shall be read as one with the Merchandise Marks Act, Construction hereinafter referred to as the "principal Act"
4
Construction
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AI-assisted research summary: This section amends section 2 by replacing the definition of “inspector” with a new definition of “Chief Inspector.”

4. The principal Act is amended- (a) in section 2 by deleting the definition o f the w ord “inspector*’and substituting for it the following "Chief Inspector'means a Chief Inspector o f merchandise marks appointed by the Minister for the purposes o f this Act and includes an inspector’ Cap. 85 Addition o f sections
2E
2F and
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AI-assisted research summary: This excerpt appears to be an amendment instruction adding new sections after section 2, including a reference to appointing an inspector, but the text is incomplete.

2E. 2F and 18A 3 ______ Written Laws (Miscellaneous A m enctm enls)__________ 2007 (b) by adding immediately after section 2 the following sections- ■■ Appoint- inspector"'0*
2A
(I) The M inister shall appoint a C hief
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AI-assisted research summary: The Minister must appoint a Chief Inspector and any other inspectors needed to carry out the Act, and inspectors’ appointments must be published in the Government gazette.

2A .-(I) The M inister shall appoint a C hief Inspector and other inspectors necessary for the purposes o f the execution of this Act. (2) A pp o in tm en t o f in sp e c to rs shall be published in the Government da ze lie. Pow ers o f the C h ief Inspector
2B
(1) The C hief Inspector shall, for the
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AI-assisted research summary: The Chief Inspector has powers to investigate, question people, demand manufacturer information, handle counterfeited-goods complaints, conduct summary trials, and delegate powers.

2B.-(1) The C hief Inspector shall, for the purpose o f execution o f this Act. have powers to do all or any of the follow ing- (a) (b) (c) and in v e stig a tio n cau se co nduct investigation to be conducted on suspected person who breach the provisions o f this Act; initiate proceedings before the Court in the manner stipulated under this Act: examine any person, either alone or in presence o f another person as he thinks desirable w ith respect to matters under this Act; and (d) dem and from the su p p lie r o f goods information relating to particulars o f the manufacturer o f those goods suspected to violate the provisions o f this Act. (2) W here the s u p p lie r has not given information under paragraph (d) o f subsection (I) within fourteen days, the supplier of such goods shall be presumed to be the manufacturer of such goods. Summary Proceedings 2 (\-( 1) Notwithstanding the provisions of this Act. the Chief Inspector may entertain complaint in respect o f counterfeited goods by the ow ners who are injured by the counterfeits and may conduct summary trials under the procedures laid down in the regulations made by the Minister. 4 No. 19 Written Laws (Miscellaneous Amendments) 2007 Delegation o f powers Immunity (2) Any person who is aggrieved by the final decision of the Chief Inspector may appeal to the Fair Competition Tribunal within fourteen days from the date o f such decision. (3) I;or the purposes o f this section "final decision 'm eans a decision w hich is not an intermediate verdict pending the final ruling. 21). The pow ers of the Chief Inspector may be delegated to such persons or public institutions as the Minister may direct on the advise o f Chief Inspector.
2K
Hie Chief Inspector, any inspector or person
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AI-assisted research summary: The Chief Inspector, inspectors, and people exercising the Chief Inspector’s powers are protected from criminal or civil liability when acting in good faith under this Act.

2K. Hie Chief Inspector, any inspector or person exercising the pow er o f the Chief Inspector under this Act. shall not be liable to criminal or civil liability for the bonafidc exercise o f such powers subject to the provisions of this Act.
2F
( 1) The Chief Inspector or a member of the
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AI-assisted research summary: The Chief Inspector, inspectorate members, and certain public officers must not use their Act-based powers when they have a pecuniary or other interest in the matter.

2F.-( 1) The Chief Inspector or a member of the inspectorate or public officer having powers under this Act to take action shall abstain from exercising such powers if he has a pecuniary or other interest in the subject matter". (c) by adding immediately after section 18 the following section: “Power to make regulations
18A
( 1) Hie Minister may make regulations for
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AI-assisted research summary: The Minister may make regulations to carry out this Act, including rules for proceedings, seizure and detention of goods, delegation of powers, forms, fees, fines, and other penalties.

18A.-( 1) Hie Minister may make regulations for the better carrying out of the provisions of this Act. (2) Without prejudice to the generality o f the provisions of subsection (1). the Minister may make regulations-- (a) prescribing the procedure for sum m ary proceedings conducted by the C h ie f Inspector on complaint referred to him on alleged counterfeited goods by the owner of the trade mark counterfeited: No. 19 Written Laws (Miscellaneous Amendments) 2007 (c) o th er p ro ceed in g s (b) p ro scrib in g the m an n er o f co n d u ctin g than sum m ary proceedings arising from a complaint in accordance with this Act; laying down procedures for the seizure and detention of goods, safe custody and final disposal of such goods; relating to the delegation o f powers under the Act to any person or public institutions; providing for form s to be used for the purposes of this Act; for fixing fees, fines and other penalties which may be imposed by the Chief Inspector upon conduct o f summary proceedings and other proceedings under this Act; (0 (d) (e) (g) prescribing an\lhing which under the Act may be prescribed/' PART III A m e n d m e n t o f t h e A r m s .a n d A m m u n i t i o n A c t

Part

PART III

5
6
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AI-assisted research summary: This Part must be read together with the Arms and Ammunition Act, and that Act is referred to here as the principal Act.

5. This Part shall be read as one with the Arms and Ammunition Act. hereinafter referred to as the "principal Act'’.
6
Construction
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AI-assisted research summary: This provision amends section 34(2) of the principal Act by replacing one penalty phrase with a reference to any other penal measure under the Economic and Organized Crimes Control Act.

6. The principal Act is ammended in section 34 by deleting in subsection (2) the phrase “for a term not exceeding fifteen years or to a fine not exceeding shillings three million or to both such fine and imprisonment'and substituting for them the phrase "and any other penal measure provided for under the Economic and Organized Crimes Control A ct'’. PART IV A m e n d m e n t o f t h e P e n a l C o d e

Part

PART IV

7
8. General Amendments
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AI-assisted research summary: This section says the Penal Code is to be read together with this Part and amends the Penal Code’s rape provisions and related sentencing rules.

7. This Part shall be read as one with the Penal Code, hereinafter referred to as the "principal Act'’. • 8. The principal Act is amended- (a) in section 131 by repealing subsection (3) and substituting for it the following provision; Construc tion Cap. 223 Amend ment o f section 34 Cap. 200 Construc tion Cap. 16 General amend ments 6 No. 19 Written Laws (Miscellaneous Amendments) 2007 “(3) Subject to the provisions o f subsection (2), a person who commits an offence o f rape of a girl under the age o f ten y e a rs sh all on co n v ictio n be sen ten ced to life imprisonment'’. (b) in section 131A by- (i) inserting at the beginning o f subsection (2), the phrase ''Subject to the provisions o f subsection (3)'’; (ii) inserting immediately after subsection (2) the following provision: ''(3) Where the commission or abetting the commission o f a gang rape involves a person o f or under the age o f eighteen years the court shall, in lieu o f sentence o f imprisonment, impose a sentence of corporal punishment based on the actual role he played in the rape". (iii) adding the following provision immediately after section 160A: “Punishment oi children
160B
For the promotion and protection o f the right
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AI-assisted research summary: The court may use reversionary and discretionary sentencing powers for people aged 18 or under, despite Chapter XV of the Code.

160B. For the promotion and protection o f the right nothing in Chapter X V of this Code shall tjic prevent the court from exercising- (a) reversionary powers to satisfy that, cruel sentences are not imposed to persons o f or below the age o f eighteen years; or (b) discretionary powers in imposing sentences to persons of or below the age o f eighteen years". Passed in the National Assembly on the 30th October. 2007. D a m i a n S. L. F o k a , Clerk o f the National Assembly’ 7

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The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2007

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About this statute

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Provisions of The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2007

PART II

PART III

PART IV

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