22 35 New Part inserted in Cap. 23:12 The Value Added Tax Act [Chapter 23:12] is amended by the insertion after Part IX of the following Part⎯ “PART IXA SPECIAL PROVISIONS APPLICABLE TO SALES OF MOTOR VEHICLES “56A Tax to be paid before change of ownership of motor vehicle registered No registering officer in terms of the Vehicle Registration and Licensing Act [Chapter 13:14] shall register the change of ownership of a motor vehicle unless there is submitted to the registering officer by the new owner of the motor vehicle a certificate issued by the Controlling Officer stating that the seller of the motor vehicle has paid the tax payable in terms of paragraph (a) or (d) of subsection (1) of section six on the sale of the motor vehicle (hereafter in this Part referred to as “value added tax”). 56B Value of motor vehicle on which value-added tax payable (1) If the Controlling Officer is of the opinion that the sale value of the motor vehicle is less than the fair value of the motor vehicle, he or she may determine the fair value of that motor vehicle, and thereupon the value-added tax shall be calculated in accordance with the fair value as so determined or the sale value, whichever is the greater amount. (2) In determining the fair value in terms of subsection (1), the Controlling Officer shall have regard to any valuation of the motor vehicle concerned made on behalf of the person liable to pay value-added tax by a member of such institution or association of motor dealers or valuers as is prescribed by the Commissioner by notice in the Gazette. (3) If the fair value of a motor vehicle as determined by the Controlling Officer— (a) exceeds the amount of the sale value by not less than one-third of such sale value, the costs of any valuation made by a person referred to in subsection (2) shall be paid by the person liable for the payment of the value-added tax; (b) does not exceed such sale value, the costs of such valuation shall be borne by the Controlling Officer. (4) Subsections (2) and (3) shall not apply in respect of the purchase of a motor vehicle sold by public auction, unless the Controlling Officer is satisfied that the sale was not a bona fide sale by public auction, or that there was collusion between the seller and the purchaser or their agents.”. 36 Amendment of section 62 of Cap. 23:12 Section 62 (“Offences”) of the Value Added Tax Act [Chapter 23:12] is amended— (a) in subsection (1) by the deletion of “a fine not exceeding ten thousand dollars” and the substitution of “a fine not exceeding level seven”; (b) in subsection (2) by the repeal of the proviso thereto and the substitution of— “Provided that no fine imposed in terms of this subsection shall exceed level seven.”;