REPUBLIQUE REPUBLIC DE OF VANUATU

JOURNAL OFFICIEL OFFICIAL GAZETTE

14 FEVRIER 2011 NO.7 14 FEBRUARY 2011

NOTIFICATION OF PUBLICATION

ORDER

CO-OPERATIVES SOCIETIES ACT [CAP 152]

• INSTRUMENT OF REMOVAL ORDER NO. 11 OF 2011

BUSINESS LICENCE ACT NO. 19 OF 1998

• BUSINESS LICENCE RULE NO.2 OF 2002 (AMENDMENT) ORDER NO. 12 OF 2011

EMPLOYMENT ACT [CAP 160]

• EMPLOYMENT AGENCIES PRESCRIBED FORM AND FEE ORDER NO. 13 OF 2011

GOVERNMENT CONTRACTS AND TENDERS ACT [CAP 245]

• INSTRUMENT OF APPOINTMENT OF CHAIRPERSON OF THE GOVERNMENT CONTRACTS AND TENDERS BOARD ORDER NO. 14 OF 2011

COMMISSIONS OF INQUIRY ACT [CAP 85]

APPOINTMENT OF COMMISSION OF INQUIRY ORDER NO. 15 OF 2011 OATHS ACT [CAP 37]

JUDICIAL OATH

• MOSES PETER • ANNA LALOYER-BOLLEN • WAL TERSAI AHELMHALAHLAH

OATH OF ALLEGIANCE

• HANNALINE NALAU ILO

LEGAL NOTICES

BY WORLD DESTINATIONS LTD (IN VOLUNTARY LIQUIDATION) (COMPANY NUMBER 25975)

• NOTICE OF VOLUNTARY LlQUITATION AND APPOINTMENT OF LIQUIDATOR

BY JERBOURG PTY LTD (IN VOLUNTARY LIQUIDATION) (COMPANY NUMBER 31805)

• NOTICE OF VOLUNTARY LlQUITATION AND APPOINTMENT OF LlQUITATOR REPUBLIC OF VANUATU

CO - OPERATIVE SOCIETIES ACT [CAl) 152]

Instrument of Removal Order No.&l of 2011

In exercise of the powers conferred on me by Section 2 of the Co-operatives Societies Act [CAP 152] and section 21 of the Interpretation Act [CAP 132], I, the Honourable Ralph REGENVANU Minister of Co-operative and Ni-Vanuatu Business Development, remove Mr. Willie ROY as Registrar of Co-operative Societies.

This Order commences on the day on which it is made.

Made at this ~'1.1f,.. day of'Jl/1tIlJl'frlt , 2011 REPUBLIC OF VANUATU

BUSINESS LICENCE ACT NO.19 OF 1998

Business Licence Rule No.2 Of 2002 (Amendment) Order No. 11- Of 2011

In exercise of the powers conferred on me by section 25 of the Business Licence Act No. 19 of 1998, I, the Honourable , Minister of Finance and Economic Management, make the following Order.

1 Amendment of the Business Licence Rule No.2 of 2002 The Business Licence Rule No.2 of 2002 is amended as set out in the Schedule.

2 Commencement This Order commences on the day on which it is made.

Business Licence Rule No.2 of2002 (Amendment) Order NolJpf2011 1 .'

SCHEDULE

AMENDMENTS OF THE BUSINESS LICENCE RULE NO. 2 OF 2002

1 Category E Column 1, 2 and 3 of the table After Category E Column 1,2, and 3 of the table, insert: E1(a) Air transport .:. Air transport operators and carriers .:. Airport Agents .:. Helicopter Charters .:. Aircraft Charters/Leased ____ .... _._. ______.__ ..___ . ___ ...... ______.. _... _...... _ .:. ______~_':!RP..2!:t!E!l:L~~0.'.i~es t2_~lrJ.r:.§.In~e2!:! .... _._...._ .. _. _____ ...... _____ ... __ _ E1(b) Sea transport .:. Ship and Boat owners and operators .:. Shipping Agents .:. Seaport Agents .:. Fishing Boat Charters .:. Supporting Services to Sea Transport

········-·~:;·-··---BusTran spo';f'O'perators .:. Taxi Transport Operators .:. Public Transport Operators .:. Other Road transport operators .:. Supporting Services to Land Transport .-.. --...... --r-:.-...... -.--... ------.. - ... ---..... -... -.. --.--.. -...... -.... - ...... ----..... --..... --.- .... ---.-.... -...... - ...... E2 Storage Facilities .:. Storage and Warehousing Services .:. Stevedoring & Wharf Facilities and Services .:. Customs Agents .:. Courier Services .:. Freight Forwarding Services .:. Container Freight Services .:. Other Transport Support Services ·E3-...·- ... ··-···--··Tourisrri-··Services-·--··-... -- - .:. --rravefAg-ents... ------··--····-··--... ·····- ... ---·--·-··- ...... - ... --.... - ... ---- .:. Tour Agents .:. Local Tour Operators .:. Game Fishing Tour Operators .:. Other Tourism Support Services ~~----,~~~~~------,~--~~~~~~~~~~~~------... ----~ E4 Rental & Hire Services Vehicle Rental and Hire Services Plant and Machinery Rental and Hire Services Equipment Rental and Hire Services Boat Rental and Hire Services Other Rental and Hire Services .... _.. _.... ----_.... _------'

2 Category 14 Column 1, 2 and 3 of the table After Category 14 Column 1, 2 and 3 of the table, insert:

iJ---rsiandScuiPiOrs 1 E:!-;': activities

Business Licence Rule No.2 of2002 (Amendment) Order NohPf2011 2 ,-;-:;,...... -----,--;:;:-:---:----;;:----,-;----:::::--:----_._---_._------., K Planters. Farmers, .:. Planters Dairymen, Vegetable .:. Cattle Farmers and Fruit Hawkers, .:. Poultry Farmers and other Gardeners .:. Piggery Farmers .:. Dairymen .:. Stock Breeders .:. Vegetables & Fruit Hawkers .:. Market and other Gardeners ___. __ .. ______.___ ._ .... ____ .... _..... _. __ ... ___.: •. ___ Oth..~~lateqfa~I!lJQg a£!!Y..i.!.i~.. __ .___._ L Fishermen .:. Fishing .:.

Business Licence Rule No.2 of2002 (Amendment) Order NOJJof 2011 3 REPUBLIC OF VANUATU

EMPLOYMENT ACT [CAP 160]

Employment Agencies Prescribed Form and Fee Order No. ,3 of 2011

In exercise of the powers conferred on me by subsection 65A (3) of the Employment Act [CAP 160], I, the Honourable DUNSTAN HILTON, Minister of Internal Affairs, make the following Order.

1 Prescribed Form and Fee The prescribed form and fee for the purpose of sections 65 and 65A of the Act is set out in the Schedule.

2 Commencement This Order comes into force on the day on which it is made.

Employment Agencies Prescribed Form and Fee Order No. 1s of 20 11 SCHEDULE

APPLICATION FORM FOR AGENCY LICENSE

INSTRUCTIONS: Type or print clearly Underline surname Provide complete mailing address If not applicable mark NA

The fee of 20,OOOvt is payable upon application for a license.

To Commissioner of Labour

I hereby apply for an agency license:

1. Name of personlbusiness/company applying:

2. Address of head office and branch office (if applicable):

3. Mailing address including telephone, fax and email:

Email: ------

Employment Agencies Prescribed Form and Fee Order No. &3 0[2011 2 4. Details of certificate of registration of business names (attach a copy of the certificate and business license):

5. Please attach the following relevant information in relation to this application:

(a) a copy of your proposed operations manual and procedures;

(b) a copy of your proposed plans to recruit from Vanuatu;

(c) a copy of your organization structure.

(d) a receipt of payment of the fee.

Signature of Applicant

Date of Application

Employment Agencies Prescribed Form and Fee Order No. I a of 20 11 3 REPUBLIC OF VANUATU GOVERNMENT CONTRACTS AND TENDERS ACT [CAP 245] Instrument of Appointment of Chairperson of the Government Contracts and Tenders Board Order No. l4- of 2011

In exercise of the powers conferred on me by subsection 11(1) of the Government Contracts and Tenders Act [CAP 245], I, Honourable , Prime Minister, after consultation with the leaders of every political party represented in Parliament and a recognized representative of the private business sector (such as the Chairperson of the Vanuatu Financial Centre Association Limited or President of the Chamber of Commerce), appoint Mr. Ignace Liatlatmal as Chairperson of the Government Contracts and Tenders Board.

This instrument comes into force on the day on which it is made.

Made at Port Vila this ---:::::1;;::r-J::::::= day of __~__ fVJ_,t-fL_1+- ___ 2011. REPUBLIC OF VANUATU

COMMISSIONS OF INQUIRY ACT [CAP 85]

APPOINTMENT OF COMMISSION OF INQUIRY ORDER NO.lS OF 2011

In exercise of the powers conferred on me by section 1 and section 5 of the Commissions of Inquiry Act [CAP 85], I, the Honourable IOANE SIMON OMAW A Minister of Justice and Community Services, make the following Order.

1 Definition In this Order unless the contrary intention appears:

"Commission" means the Commission of Inquiry established under this Order.

2 Appointment of Commissioner to the Commission

Dr. Christopher T ARIANGA is appointed as the Commissioner to the Commission.

3 Appointment of Assessors of the Commission The following persons are appointed as Assessors of the Commission:

(a) Nigel MALOSU;

Instrument ofAppointment - Commissioner and Assessors of the Commission of Inquiry of the Health Crises Order NoISof201 I 1 (b) Leisongi OSCAR;

(c) Yvana TAGA;

(d) Andrew NAPUAT.

4 Appointment of Secretary to the Commission Andrew NAPUAT is appointed as the Secretary of the Commission.

5 Terms of Reference (1) The Terms of Reference of the Commission are as set out in Schedule 1.

(2) The Terms of Reference of the Commission may be amended or varied by the Minister in consultation with the Commission.

6 Location of Inquiry The Inquiry is to be made in Port Vila and at such other place or places as the Commission may determine.

7 Public or Private Inquiry The Inquiry is to be held in Public except in circumstances as directed by the Commission.

8 Reports The Commission must prepare the following reports:

(a) a report of the proceedings and of the result of his Inquiry to the Minister not later than 11 February 2011.

(b) a report summarising his findings and his recommendations available to the Public not later than 14 days after submission of his report to the Minister.

Instrument ofAppointment - Commissioner and Assessors of the Commission of Inquiry of the Health Crises Order No.ISof201 I 2 ,. "

9 Commencement This Order commences on the day on which it is made.

Made at Port Vila this -----'3i=.'_$__

Minister of Justice and Community Services

Instrument ofAppointment - Commissioner and Assessors of the Commission of Inquiry of the Health Crises Order NoJSof2011 3 SCHEDULE 1

TERMS OF REFERENCE

1 Aims of the Commission The aims of the Commission are to inquire into and investigate the Health Crises of 2010 by:

(a) reviewing the internal administration system of the Ministry of Health and the Department of Health and assess their effectiveness;

(b) reviewing the accounts and financial records to confirm validity and appropriateness of payments made;

(c) comparing the actual expenditure against the approved annual budget;

(d) obtaining any other information through interviews or correspondences or any other records the Commission consider necessary to supplement the inquiry.

2 Objectives of the Commission The objectives of the Commission are to assess whether:

(a) the Medical Department and the Ministry of Health has managed and distributed its medical supplies in accordance with the relevant Laws and Regulations;

(b) the Medical Department and the Ministry of Health has managed its financial resources in accordance with the provisions of the Public Finance and Economic Management Act [CAP 244], the Public Financial Regulations or any other relevant laws;

(c) the transactions recorded are within the Statutory Authority and are properly disclose the use of public monies and resources administered by the Ministry of Health and Medical Department;

(d) the effective systems of internal control are in place in the spending and safeguarding of public monies and resources which conform to specific laws, regulations and rules;

(e) the expenditure has been properly authorised and applied to the purposes for which the funds are appropriated for by the Parliament;

Schedule - Terms of Reference 1 "J

(f) the revenue has been properly managed and accounted for;

(g) any other administrative matters and issues of the Ministry of Health and the Department of Health are managed properly ( For example - staffing, staff employment, organisational structure, assets register, vehicle log book, medical supplies logbook, medical stock register, disbursement Register of medical supplies to all wards, dispensaries, clinics and hospitals throughout the Republic of Vanuatu).

Schedule - Terms of Reference 2 REPUBLIC OF VANUATU

COMMISSION OF INQUIRY

Schedule 1

FORM OF OATH OR AFFIRMATION TO BE TAKEN BY A COMMISSIONER

Commissions of Inquiry Act, [CAP. 85]

I, (full name) 'b~. Cl+te/S'7t>PH£"J( 'mtelFJ-lIIt:':rI'J, having been appointed under an Order made by the Minister responsible for Justice and Community Services dated the 31 ST,' uI4NUIl~Y ,2011, to be a Commissioner (or do solemnly and sincerely affirm) that I will faithfully, fully, impartially and to the best of my ability discharge and perform the duties devolving upon me by virtue of the said Order.

So help me God.

Dated at p()II.,T VIl.-1I this Lf'f1l day of PE(3J{.uItIeY ,2011

Form of Oath or Affirmation to be taken by a Commissioner 1 REPUBLIC OF VANUATU

COMMISSION OF INQUIRY

Schedule 1

FORM OF OATH OR AFFIRMATION TO BE TAKEN BY AN ASSESSOR

Commissions of Inquiry Act, [CAP. 85]

I, (full name) NI6rEt- Mt4I-OS14 ,having been appointed under an Order made by the Minister responsible for Justice and Community Services dated the 1> ,S r .:rA-Ai U 111<. Y , 2011, to be an Assessor (or do solemnly and sincerely affirm) that I will faithfully, fully, impartially and to the best of my ability discharge and perform the duties devolving upon me by virtue of the said Order.

So help me God.

Dated at p()PvT VIlA-- this 1!71-f day of Feg;eUA/{Y ,2011

Assessor.

Form of Oath or Affirmation to be taken by an Assessor 1 REPUBLIC OF VANUATU

COMMISSION OF INQUIRY

Schedule 1

FORM OF OATH OR AFFIRMATION TO BE TAKEN BY AN ASSESSOR

Commissions of Inquiry Act, [CAP. 85]

I, (full name) hlf{S YV/-J.NA 'rnc;..tJ , having been appointed under an Order made by the Minister responsible for Justice and Community Services dated the 31ST ~NUt+R.'1 ,2011, to be an Assessor (or do solemnly and sincerely affirm) that I will faithfully, fully, impartially and to the best of my ability discharge and perform the duties devolving upon me by virtue of the said Order.

So help me God.

Dated at POJ{T Vluq.. this 1.f7lf day of /=tfS/{uttI<.Y ,2011

Assessor.

Form of Oath or Affirmation to be taken by an Assessor 1 REPUBLIC OF VANUATU

COMMISSION OF INQUIRY

Schedule 1

FORM OF OATH OR AFFIRMATION TO BE TAKEN BY AN ASSESSOR

Commissions of Inquiry Act, [CAP. 85]

I, (full name) LEISotVt;--1 osc-/J-,If(. , having been appointed under an Order made by the Minister responsible for Justice and Community Services dated the ,2011, to be an Assessor (or do solemnly and sincerely affirm) that I will faithfully, fully, impartially and to the best of my ability discharge and perform the duties devolving upon me by virtue of the said Order.

So help me God.

Dated at p()~r VIl--4-this /.f"11l dayof ft/!,j?Uf1-I

L5/ SON~I {)SCAR Assessor.

Form of Oath or Affirmation to be taken by an Assessor 1 REPUBLIC OF VANUATU

COMMISSION OF INQUIRY

Schedule 1

FORM OF OATH OR AFFIRMATION TO BE TAKEN BY AN ASSESSOR

Commissions of Inquiry Act, [CAP. 85]

I, (full name) ,4NJ>f

So help me God.

Dated at f/(}/<:r VIlA- this J.f'J1i day of !=eli, I(UIlr~ y, 2011

/tA/PI<@J NttpuF-Ir Assessor.

Form of Oath or Affirmation to be taken by an Assessor 1 REPUBLIC OF VANUATU

OATHS ACT [CAP.37]

-JUDICIAL OATH

I, MOSES PETER, having been appointed a Magistrate of the Republic of Vanuatu, do swear that I will bear true faith and allegiance to the Republic of Vanuatu and will uphold the Constitution and the law, and will conscientiously, impartially and to the best of my knowledge, judgment and ability discharge the functions of my office and do right to all manner of people after the laws and usages of the Republic of Vanuatu without fear or favour, affection or ill-will.

So help me God.

SWORN at the Port-Vila ) By the said Moses Peter ) Before me, Honourable Justice ) VINCENT LUNABEK, Chief ) Justice of the Supreme Court of ) The Republic of Vanuatu ) ...... ,...... This 28th day of January 2011 REPUBLIC OF VANUATU

OATHS ACT [CAP.37]

-JUDICIAL OATH

I, ANNA LALOYER-BOLLEN, having been appointed a Magistrate of the Republic of Vanuatu, do swear that I will bear true faith and allegiance to the Republic of Vanuatu and will uphold the Constitution and the law, and will conscientiously, impartially and to the best of my knowledge, judgment and ability discharge the functions of my office and do right to all manner of people after the laws and usages of the Republic of Vanuatu without fear or favour, affection or ill­ will.

So help me God.

SWORN at the Port-Vila ) By the said Anna Laloyer-Bollen ) Before me, Honourable Justice ) VINCENT LUNABEK, Chief ) Justice of the Supreme Court of ) The Republic of Vanuatu ) This 28th day of January 2011 REPUBLIC OF VANUATU

OATHS ACT [CAP.37]

,",UDICIAL OATH

I, WALTERSAI AHELMHALAHLAH, having been appointed a Magistrate of the Republic of Vanuatu, do swear that I will bear true faith and allegiance to the Republic of Vanuatu and will uphold the Constitution and the law, and will conscientiously, impartially and to the best of my knowledge, judgment and ability discharge the functions of my office and do right to all manner of people after the laws and usages of the Republic of Vanuatu without fear or favour, affection or ill­ will.

So help me God.

SWORN at the Port-Vila ) By the said Waltersai Ahelmhalahlah ) Before me, Honourable Justice ) VINCENT LUNABEK, Chief ) Justice of the Supreme Court of ) The Republic of Vanuatu ) ... %J.~ ...... This 28th day of January 2011

ENT LUNABEK Chief Justice REPUBLIC OF VANUATU

OATHS ACT [CAP.37]

OATH OF ALLEGIANCE

I, HANNALINE NALAU ILO, do swear that I will well and truly serve and bear true allegiance to the Republic of Vanuatu accordingly to law.

So help me God.

SWORN at the Port-Vila ) By the said Hannaline Nalau 110 ) Before me, Honourable Justice ) VINCENT LUNABEK, Chief ) Justice of the Supreme Court of ) The Republic of Vanuatu ) ...... This 28th day of January 2011 BY WORLD DESTINATIONS LTD.

(In Voluntary Liquidation) (Company Number 25975)

NOTICE OF VOLUNTARY LIQUIDATION AND APPOINTMENT OF LIQUIDATOR

I, Roy Macdonald, c/o P. O. Box 257, Port Vila, Vanuatu hereby give notice that on the 2nd day of February 2011 the following special resolutions were passed by the members of La Madeleine Inc:

1. that the company be voluntary wound up, and 2. that Roy Macdonald be appointed liquidator.

All persons and entities who have not already had their debts or claims admitted are hereby required to submit particulars of debts or claims, including details of security, by the 28th February 2011. Debts or claims not submitted by this date will be excluded from distr' . made before the debts or claims are proved.

Liquidator P. O. Box 257, Port Vila, Vanuatu. BY JERBOURG PTY LTD.

(In Voluntary Liquidation) (Company Number 31805)

NOTICE OF VOLUNTARY LIQUIDATION AND APPOINTMENT OF LIQIDDATOR

I, Roy Macdonald, c/o P. O. Box 257, Port Vila, Vanuatu hereby give notice that on the 2nd day of February 2011 the following special resolutions were passed by the members of La Madeleine Inc:

1. that the company be voluntary wound up, and 2. that Roy Macdonald be appointed liquidator.

All persons and entities who have not already had their debts or claims admitted are hereby required to submit particulars of debts or claims, including details of security, by the 28th February 2011. Debts or claims not submitted by this date will be excluded from d' ade before the debts or claims are proved.

( !

---.J~~"H,or P. O. Box 257, Port Vila, Vanuatu.