Conch (Export Levy) (Validation and Indemnity) Act, 2013 (No. 18 of 2013)

JAMAICA No. /8 -2013 [L.S.] I assent, Governor-General. AN ACT to Validate and confirm as lawful acts done in good faith by officers ofthe Veterinary Services Division in enforcing the provisions of the Conch (Export Levy) Act in respect of the 2011 conch season; and to indemnify the officers ofthe Division and other persons from liability in respect of such acts. WHEREAS section 3(1) ofthe Conch (Export Levy) Act (hereinafter referred to as the "Act") provides, with effect from 2009 for, among other things, the imposition of a levy on the export of conch to be payable to the VeterinaryServices Division by a person who proposes to export or who exports conch (hereinafter referred to as "an exporter"): [No. ]2 Short title. Validation and indemnity. The Conch (Export Levy) (Validation and Indemnity) Act, 2013 AND WHEREAS section 3(1) provides further that for the 2010 conch season and any subsequent conch season the Minister may from time to time, by order subject to affirmative resolution of the House of Representatives, prescribe the rate of the levy to be paid to the Veterinary Services Division by an exporter for conch exported: AND WHEREAS the Minister did not prescribe a levy for conch exported during the periods March 1,2011 to March 23,2011 and • April 4, 2011 to July 30, 2011, being the 2011 conch season: AND WHEREAS officers ofthe Veterinary Services Division in good faith and inadvertent as to it being unlawful purported to continue to collect, during and in respect ofthe 2011 conch season, a levy at the rate imposed for the 2010 conch season: AND WHEREAS it is desirable to validate and confirm as lawful the acts done in good faith by those officers, and inadvertent as to their not having been in compliance with the provisions ofthe Act, in connection with the puiported collection at any time prior to the commencement of this Act ofa levy from conch exporters in respect ofthe 2011 conch season: [ 31 ~~ ell) 0(' A:u-y~+ ~£J /3 ] Now THEREFORE, BEITENACTED by The Queen's Most Excellent Majesty, by and with the advice and consent of the Senate and House of Representatives of Jamaica, and by the authority of the same as follows: 1. This Act may be cited as the Conch (Export Levy) (Validation and Indemnity) Act, 2013. 2.-(1) Subject to subsection (2) and notwithstanding anything to the contrary in any enactment, all acts done in good faith and inadvertent a.;; to their not having been in compliance with the provisions ofthe Act, by (a) the officers ofthe Veterinary Services Division; (b) any other person having official duties under theAct; and The Conch (Export Levy) (Validation and [No.] 3 Indemnity) Act, 2013 (c) anyperson actingin connectionwith,on the directivesofor in support ofa person referred to in paragraph (a) or (b), in purporting to collect and administer at any time prior to the commencementof thisAct a levyfor the 2011 conchseason,at the rate imposed for the 2010 conch season,are herebydeclared to have been validly, properlyand lawfullycarriedout and with effectas ifan order prescribing a levy at that rate for the 2011 conch season had been properlymade. (2) The officersoftheVeterinary ServicesDivisionandevery otherpersonwhowouldhavebeenliableto be legallyproceeded against on the ground ofany illegality or impropriety ofthe acts specified in subsection(1)areherebyfreed,acquitted,dischargedand indemnified against the Queen's Most Gracious Majesty, Her Heirs and Succes sorsas well againstall personswhatsoeverfrom such liability. Passed in the House of Representatives this 23rd day of July, 2013. MICHAEL A. PEART Speaker. Passed in the Senate this 26th day ofJuly, 2013. FLOYD E. MORRIS President. This printed impression has been carefully compared by me with the authenticated impression of the foregoing Act, and has been found by me to be a true and correct printed copy ofthe said Act. Clerk to the Houses ofParliament.