The Amendment of Articles 57 and 59 of "The Tobacco and Alcohol Administration Act".

The Amendment of Articles 57 and 59 of "The Tobacco and Alcohol Administration Act" on December 27, 2017.

Background

Partial amendment to the Articles of "Criminal Code of the Republic of China" was promulgated on December 30, 2015. The amendment stipulates that confiscation of objects belonging to non-offenders should be limited to only contraband, which would affect the efficacy of the investigation into the seizure of illegal tobacco and alcohol products. Thus, the MOF amended Articles 57 and 59 of "The Tobacco and Alcohol Administration Act.”

Legislative History

On March 30, 2016, the MOF proposed the draft amendments of the Act to the Executive Yuan.

On June 6, 2016, the Executive Yuan deliberated and proposed the bills in Yuan Sitting no. 3502.

On June 20, 2016, the Executive Yuan submitted the bills to the Legislative Yuan.

On December 8, 2017, the Legislative Yuan completed the third reading on draft amendments of the Act.

On December 27, 2017, office of the President order is hereby given, for the promulgation of amendments to the Act.

Major Amendments

The Tobacco and Alcohol Administration Act stipulates that offending products shall be confiscated, regardless of whether or not they belong to the offender.

The amendments came into force on the day of promulgation.

Benefit from the Amendment

Maintaining the scope of confiscation may improve the efficacy of the administration and investigation, deter illegal tobacco and alcohol products, safeguard public health, protect the rights and interests of legal operators, and support market order.