Excise Order, 2006 · As enacted · Part XVII · General
Section 160
Official textFrom Attorney General's Chambers, unchanged
The Minister may, with the approval of His Majesty the Sultan and
Yang Di-Pertuan, make such regulations as are necessary or expedient for giving effect to and carrying out the provisions of this Order, including the prescription of fees and of any other thing required to be prescribed under this Order, and for the due administration thereof.
Without prejudice to the generality of subsection (1), the Minister may make regulations to provide for -
fa) the powers and duties to be exercised and performed by officers of excise;
the conduct of all matters relating to the collection of excise duties, including the time of payment thereof;
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{c)
the procedure relating to documentation, storage, movement, examination, sealing and security of containers and containerized cargoes;
{d)
places of import and the routes to be used for the import of goods by land;
{e)
the manner and method of payment of any excise duty payable or chargeable under this Order;
{{)
the conditions subject to which goods may be imported under the preferential tariff;
{g)
the fees to be paid by the masters or agents of vessels or by the pilots or agents of aircraft or by the persons in charge of vehicles or by the importers of goods or their agents in respect of the services of officers of excise rendered on request beyond the ordinary hours prescribed and the conditions under which such services may be rendered;
{h)
the amount to be paid as warehouse rent on goods deposited in warehouses other than the Ports Department warehouse, excise warehouse or licensed warehouses;
{i) the fees, if any, to be paid for permits and licences, other than warehouse licences;
{j) frontier areas and for regulating or prohibiting, either absolutely or conditionally, the movement of goods or persons within such areas for the purposes of this Order;
{k) prohibiting the payment of drawback upon the re-exportation of any specified goods or class of goods;
{l)
specifying the goods dutiable on import in respect of which drawback may be allowed on re-export as part or ingredient of any goods manufactured in Brunei Darussalam and for fixing the rate of drawback thereon;
{m)
all matters relating to goods subject to excise duty on import;
{n)
compounding offences;
{o)
defining any goods for the purposes of this Order;
{p)
penalties for any contravention or failure to comply with any of the provisions of any regulation made under this section or with the restrictions or conditions of any licence or permission granted under any such regulation:
Provided that no such penalty shall exceed the penalty prescribed under section 154;
{q)
the fees to be paid for the survey of dutiable goods;
{r)
the days and times during which any excise office/ excise warehouse/ licensed warehouse may be open for business and the times during which any goods may be landed/ shipped or loaded at any customs ports or customs airport or imported or exported by land at any place of import or manufacture;
{s)
the control by officers of excise of traffic carried on in local craft or coasting vessels in the territorial or inland waters of Brunei Darussalam;
{t)
the forms/ if any, to be used under this Order;
{u)
the deposit, custody and withdrawal of goods in and from excise warehouses and licensed warehouses and the management and control of the same;
{v)
the manner in which dutiable or prohibited goods shall or shall not be packed, and for regulating or prohibiting the inclusion of dutiable or prohibited goods in the same package or receptacle with non~dutiable goods;
{w)
the opening and examination of packages imported by post for assessment of duty on dutiable goods and detection of attempts to evade the payment of excise duty;
{x)
the issue and transfer of licences and the fees for such licences/
including the periods for which such licences may be issued;
{y)
the stock books to be kept by licensees and the method of keeping the same;
{z)
the method of importing, exporting, transporting or removing any goods under a licence or permit;
{za) the manner in which goods may be transhipped, or goods in transit may be moved;
{zb) the manner in which intoxicating liquor shall be denatured in an excise warehouse or licensed warehouse;
{zc)
the conditions under which any goods may be moved in transit through Brunei Darussalam;
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(zdJ permits and other documents to be carried by local craft or barges transporting cargo from or to vessels in a customs port;
(ze} the erection, inspection, supervision, management and control of premises licensed under section 53 and the fittings, implements, machinery and apparatus maintained therein, including such seals and weights, lights, ladders and other equipment as may be necessary in order to enable a proper officer of excise to take account of or check by weight, gauge or measure all dutiable goods or materials in such premises;
(zfJ the hours during which manufacture may or may not take place and during which goods may be removed from the place of manufacture;
(zgJ the bottling, blending, compounding and varying of intoxicating liquors and fixing the fees to be paid, if any, and the control of the movement of intoxicating liquors to and from any place of manufacture;
(zhJ the management of premises licensed under this Order;
(ziJ the nature of the premises in which any intoxicating liquor may be sold, and the notices to be exposed at such premises;
(zj} any matter which requires to be prescribed under this Order.
Appeal from decision of Controller.
Terms defined in s 2
aircraft
Defined · s 2"aircraft" includes any kind of craft which may be used for the conveyance of passengers or goods by air;
Controller
Defined · s 2"Controller" means the Controller of Customs and Excise appointed under subsection (1) of section 3 of the Customs Order, 2006, and includes the Deputy Controller of Customs and Excise;
customs airport
Defined · s 2"customs airport" has the same meaning as in subsection (1) of section 2 of the Customs Order, 2006;
customs port
Defined · s 2"customs port" has the same meaning as in subsection (1) of section 2 of the Customs Order, 2006;
excise warehouse
Defined · s 2"excise warehouse" means a customs warehouse or other place established by the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, under section 59 of the Customs Order, 2006 for the deposit of dutiable goods;
goods
Defined · s 2"goods" includes animals, birds, fish, plants and all kinds of movable property;
import
Defined · s 2"import" means to bring or cause to be brought into Brunei Darussalam by land, sea or air: Provided that goods bona fide in transit, including goods for transhipment, shall not, for the purpose of levy of excise duties, be deemed to be imported unless they are or become unexcisable goods;
in transit
Defined · s 2"in transit" means taken or sent from any country and brought into Brunei Darussalam by land, sea or air, whether or not landed or transhipped in Brunei Darussalam, for the sole purpose of being carried to another country either by the same or another conveyance;
intoxicating liquor
Defined · s 2"intoxicating liquor" includes any alcohol, or any liquid containing more than 2 per centum of proof spirit, which is fit or intended to be or which can by any means be converted for use as a beverage;
licensed warehouse
Defined · s 2"licensed warehouse" means a warehouse or other place licensed for the warehousing of dutiable goods under section 59;
local craft
Defined · s 2"local craft" means any junk, tongkang, perahu, kumpit or other similar type of vessel, and any steam or motor vessel under 15 nett registered tons, and includes any type of motor vessel whether fitted with an inboard engine or an outboard motor;
prohibited goods
Defined · s 2"prohibited goods" means goods the import of which is prohibited, either absolutely or conditionally, by an order under section 28 or by any other written law for the time being in force in Brunei Darussalam;
proper officer of excise
Defined · s 2"proper officer of excise" means any officer of excise acting in the fulfilment of his duties under this Order, whether such duties are assigned to him specially or generally, or expressly or by implication;
warehouse
Defined · s 2"warehouse" means a place for the deposit of goods under excise controL (2) For the purposes of this Order, goods shall be deemed to be under excise control whilst they are deposited or held in any free trade zone, or in any place of manufacture, or in any Ports Department warehouse, excise warehouse or licensed warehouse, post office, or in any vessel, conveyance, aircraft or place from which they may not be removed except with the permission of the proper officer of excise. (3) References in this Order {a) to a document or record include, in addition to a document or record on paper, references to any, or part of any - (i) document or record kept on any magnetic, optical, chemical or other medium; (ii) photograph; (iii) map, plan, graph, picture or drawing; (iv) film, including a microfilm and a microfiche, negative, disc, tape, soundtrack or any other device in which one or more visual images, sounds or other data are embodied so as to be capable, with or without the aid of some other equipment, of being reproduced therefrom; (b) to a document or record in writing, or the making of a document or record in writing, include, unless the context otherwise requires, any electronic notice or the making, serving or submitting of such a notice under this Order; (c) to a person (i) in respect of a body corporate or unincorporated body, include references to the director, manager, secretary or other similar officer of that body corporate or unincorporated body, or of a person purporting to act in any such capacity; (ii) in respect of a partnership, include references to the partner, secretary or other similar officer of that partnership, or of a person purporting to act in any such capacity; (d) to this Order include references to regulations made under this Order.