Volume 3, Issue 3 1st July—30th September 2010 Office of the Attorney General of Samoa LEGISLATIVE DRAFTING UPDATE EDITOR’S NOTE INSIDE THIS ISSUE Talofa and welcome to the Legislative However, this has not hindered the work of Parliamentary Sittings 2 Drafting Update Newsletter, Vol. 3, Issue 3. the Division as we continue to strive to pro- Current Legislation 2 We continue to update you on the latest vide the best legislative drafting service for Bills passed at August 2010 Parliament session government policies that have been trans- Samoa. Bills before Parliament up to lated and approved as laws, as well as pro- We hope this Newsletter will continue to 30 September 2010 vide you with brief summaries of these keep you aware of, informed of and inter- Subsidiary Legislation laws. ested in our country’s legislative progress, Summaries 3 It has been a busy quarter with 1 intensive but most importantly may we continue to ap- 1. Bankruptcy Amendment Act 2010 Parliament session, a number of Parliament preciate the importance of our working to- 2. Film Control Amendment Select Committee meetings and legislative gether to assure compliance with the laws of Act 2010 drafting events attended by our Division Samoa. 3. Maintenance and Affiliation Amendment Act 2010 members. August and September also saw From the Attorney General and the Legisla- 4. Parliamentary Pension the depletion of our Division members from tive Drafting Division—happy reading! Scheme Amendment Act 8 drafters to 3 (at least until the end of this 2010 year)! 1ROD3HWHOż)DDVDX 5. Electoral Amendment Act (Lead Editor for this Issue) 2010 6. Stamp Duty Amendment 4 Act 2010 FAREWELLS 7. Waste Management Act 2010 8. Divorce and Matrimonial We farewelled former Parliamentary Coun- from the Victorian WorkCover Authority Causes Amendment Act sel, Sarona Rimoni Ponifasio, and Legisla- where she was the Legislative Drafting Advi- 2010 tive Drafting Advisor, Heather Holt in Au- sor, Senior Legislation Officer, and Senior Events of Jul—Sept 2010 5 gust. Legal Officer. She was with us under a 2 year 1. Pacific Islands Legislative Mrs Ponifasio started at the Office of the Australian Aid program, during which time Drafting Twinning Program 2. Sub regional Workshop on Attorney General in 2004 as a State Solici- we gained a lot from her extensive experi- the National implementation tor of the Civil Division until she moved to ence and knowledge in legislative drafting. of the Chemical Weapons Convention for Pacific Is- the Legislative Drafting Division as Princi- Even though they are greatly missed by the land States pal Legislative Drafter in 2008, later becom- Office of the Attor- 3. Commission of Inquiry 4 ing Parliamentary Counsel. She has had ex- ney General, we were 4. Additional Protocols to the 6 Geneva Conventions Re- tensive experience in all Divisions of the indeed blessed to gional Seminar Office of the Attorney General, having rep- have learnt a lot from 5. AGO attachment program resented the Government in a number of working with and (for Upcoming Events 7 Criminal and Civil matters, and having car- most) being super- 1. PacLII workshop ried out a number of legislative drafting re- vised by them. 2. PDLD workshop 3. PILON 29th Annual Meeting sponsibilities as Parliamentary Counsel. She We congratulate 4. 3rd Universal Meeting of is now in private practice. them for all their suc- National Committees on IHL Ms Holt joined the Legislative Drafting cess and wish them 5. Maritime Policy and Legisla- 8 Division from September 2008 as the Legis- all the best in their tion Drafting workshop lative Drafting Advisor. She moved here future endeavours! 6. Consolidation of Laws 2010 Other 8 Further Studies Level 4 P.O. Box 27, Apia, Samoa [email protected] New Senior Legal Secretary FMFMII Building Ph # (685) 20295/20296 Parliamentary Counsel vacancy Eleele Fou Fax # (685) 22118 LEGISLATIVE DRAFTING UPDATE PARLIAMENTARY SITTINGS FOR JULY—DECEMBER 2010 MONTH Monday Tuesday Wednesday Thursday Friday (Week commencing) AUGUST - 10 11 12 13 OCTOBER 4 5 6 7 8 DECEMBER 6 7 8 9 10 CURRENT LEGISLATION BILLS PASSED AT AUGUST BILLS BEFORE PARLIAMENT UP TO 30 SEPTEMBER 2010 2010 PARLIAMENT SESSION TITLE STATUS 1. Waste Management Bill 2010 1. Casino and Gambling Control Bill 2010 Referred to Select Committee 16/3/10 2. Maintenance and Affiliation 2. Land and Titles Amendment Bill 2010 Referred to Select Committee 14/6/10 Amendment Bill 2010 3. Housing Corporation Bill 2010 Referred to Select Committee 14/6/10 3. Bankruptcy Amendment Bill 2010 4. Electricity Bill 2010 Referred to Select Committee 14/6/10 5. National University of Samoa Amend- Referred to Select Committee 14/6/10 4. Divorce and Matrimonial Causes Amendment Bill 2010 ment Bill 2010 5. Film Control Amendment 6. Survey Bill 2010 Referred to Select Committee 12/8/10 Bill 2010 7. Land Valuation Bill 2010 Referred to Select Committee 12/8/10 6. Electoral Amendment Bill 8. Spatial Information Agency Bill 2010 Referred to Select Committee 12/8/10 2010 7. Stamp Duty Amendment Bill 9. Plebiscite Amendment Bill 2010 Referred to Select Committee 12/8/10 2010 10. Ministerial and Departmental Arrange- Referred to Select Committee 13/8/10 8. Parliamentary Pension ments Amendment Bill 2010 Scheme Amendment Bill 2010 11. Chemical Weapons Bill 2010 Referred to Select Committee 13/8/10 12. Postal Services Bill 2010 Referred to Select Committee 13/8/10 (Note: Please refer to pages 3 and 4 for brief summaries of these new Acts.) SUBSIDIARY LEGISLATION TITLE DATE MADE/SIGNED COMMENCEMENT DATE National Provident Fund Regulations 2010 17 May 2010 1 July 2010 Notice of Charge on Base Tariff for the Supply of Elec- 9 July 2010 1 August 2010 tricity (No.8) 2010 Broadcasting Act 2010—Notice of Commencement 30 July 2010 10 August 2010 Daylight Saving Act 2009—Notice of Commencement 11 June 2010 25 September 2010 Police Service Regulations 2010 6 September 2010 27 September 2010 Page 2 Volume 3, Issue 3 SUMMARIES BANKRUPTCY AMENDMENT ACT 2010 FILM CONTROL AMENDMENT ACT 2010 This Act amends the Bankruptcy Act 1908 to provide This Act amends the Film Control Act 1978 to update for matters relating to the appointment of an Official it with current developments in the film industry. Assignee. These amendments include: reclassifying banned The objective of this new Act is to ensure the proper films to ensure that harmful material are not approved appointment process for an Official Assignee. Sec- and that informative, educative and entertaining films tions 20 to 24 of the principal Act which provided for are made available to suitable audiences; updating the the appointment of and general provisions relating to definition of “film” to keep pace with new technology; the Official Assignee were repealed by the Samoa empowering the Film Control Board to suspend ex- Bankruptcy Order 1922 (NZ) (“the Order”). The Or- hibitors’ and lenders’ licenses; empowering the Board der provided for the appointment of an Official As- to direct any person to submit a film for classification signee, but the Order was repealed by the Reprint of under the principal Act; providing seizure powers for Statutes Act 1972. officials inspecting cinemas and video stores; making Therefore, this new Act will now provide for the officers of a company liable for offences committed Official Assignee’s appointment so that the principal by a company; and revising penalties in the principal Act as well as other Acts which an Official Assignee Act.Ŷ has powers under (such as the Companies Act 2001) can be implemented more effectively.Ŷ PARLIAMENTARY PENSION SCHEME AMENDMENT ACT 2010 MAINTENANCE AND AFFILIATION This Act was drafted to ensure that the AMENDMENT ACT 2010 All official laws of Samoa Parliament Pension Scheme legislated under the Parliamentary Pension This Act introduces a number of amend- may be found online: Scheme Act 1998 should fulfill the pur- ments into the Maintenance and Affilia- www.parliament.gov.ws pose of providing pensions to longer tion Act 1967. The major amendments are: serving members in their old age while to provide that the Court may make such still recognizing the desire of members orders as it considers appropriate in relation to the to have part of the overall benefits payable in lump sum custody of a child; to provide that in determining the form and on flexible terms. sum that is reasonable for the purposes of the mainte- This Act also provides greater transparency of the nance of a person, the Court must take into account a Scheme in that the features of the Scheme details are to range of matters such as the proper needs of the per- be found in the principal Act and in regulations made son; to allow the court to recognise as being binding under it. The principal Act is administered by the Sa- on the parties to that agreement, a maintenance ar- moa National Provident Fund.Ŷ rangement that has been varied by written agreement permitting one party to leave Samoa; to allow the ELECTORAL AMENDMENT ACT 2010 court to direct a person to give security for obedience This Act consists of two changes to the Electoral Act to a maintenance order of such amount and in such 1963 intended to provide both clearer procedures and form as the Court thinks appropriate; to allow the improvements to the electoral process. The first change Court to require the parties to proceedings to undergo is to restrict those registered as electors from being such mediation as the Court may direct; and to pro- qualified for the individual voters’ roll unless they are vide that in considering an application for a mainte- married to an individual voter.