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Small and Micro Enterprises Development (Repeal) Act 2019

REPUBLIC OF FIJI

Small and Micro Enterprises Development (Repeal) Act 2019

ACT NO. 22 OF 2019

I assent.
J. K. KONROTE
President

[24 June 2019]

AN ACT

TO REPEAL THE SMALL AND MICRO ENTERPRISES DEVELOPMENT ACT 2002 AND FOR RELATED MATTERS

ENACTED by the Parliament of the Republic of Fiji—

Short title and commencement

1.—(1) This Act may be cited as the Small and Micro Enterprises Development (Repeal) Act 2019.

(2) This Act comes into force on a date or dates appointed by the Minister by notice in the Gazette.

Interpretation

2. In this Act, unless the context otherwise requires—

"Board" means the board of directors for the Centre appointed under section 6 of the Small and Micro Enterprises Development Act 2002;
"Centre" means the National Centre for Small and Micro Enterprises Development established under section 3 of the Small and Micro Enterprises Development Act 2002; and
"Ministry" means the ministry responsible for industry and trade.

Repeal

3. The Small and Micro Enterprises Development Act 2002 and any subsidiary legislation made thereunder are repealed.

Transfer of assets, interests, rights, privileges, liabilities, obligations and monies

4.—(1) All assets, interests, rights, privileges, liabilities and obligations of the Centre are transferred to and vest in the State without conveyance, assignment or transfer.

(2) Any right or liability vested in the State under subsection (1) may, on or after the date of commencement of this Act, be enforced by or against the State in its own name and it is not necessary for the State to give notice to any person whose right or liability is affected by the vesting.

(3) All monies in the Centre's funds existing immediately before the date of commencement of this Act are to be transferred to the Consolidated Fund.

Appointees to the Board

5. Any appointment to the Board existing immediately before the date of commencement of this Act is revoked.

Transfer of the chief executive officer and other employees

6.—(1) The chief executive officer and all other employees appointed under the Small and Micro Enterprises Development Act 2002 immediately before the date of commencement of this Act are transferred to the Ministry.

(2) Until such time as the terms and conditions of the chief executive officer and all other employees transferred under subsection (1) are determined by the Ministry, the terms and conditions of such officers continue to apply to the chief executive officer and all other employees transferred under subsection (1).

Existing deeds, bonds, agreements, instruments or arrangements

7. All deeds, bonds, agreements, instruments and arrangements to which the Centre is a party, existing immediately before the date of commencement of this Act, continue in force and are enforceable by or against the Ministry as if the Ministry had been a party to the deed, bond, agreement, instrument or arrangement.

Continuation of proceedings

8. Any action, arbitration, proceeding or cause of action that, immediately before the commencement of this Act, is pending against or in favour of the Centre, or to which the Centre is a party, may be prosecuted and, without amendment to any writ, pleading or other document, continued and enforced against or in favour of the Ministry.

Consequential amendments

9.—(1) The Higher Salaries Act 2011 is amended in the Schedule by deleting paragraph 31.

(2) The National Employment Centre Act 2009 is amended by—

(a) in section 5—

• (i) in the definition of "existing employment creation services", deleting "the National Centre for Small and Micro Enterprise Development (NCSMED),"; and
• (ii) in the definition of "Self-Employment Service", deleting "the National Centre for Small and Micro Enterprises Development (NCSMED),"; and

(b) in section 66(2), deleting—

• (i) "the Integrated Human Resource Development Programme for Employment Promotion (IHRDPEP) operating under or hosted by the Ministry of National Planning,"; and
• (ii) "the National Centre for Small and Micro Enterprises Development (NCSMED) operating under or hosted by the Ministry of Industry" and substituting "programmes operating under or hosted by the ministry responsible for industry".

(3) The Industry Emblem (Forms and Fees) Regulations 2011 is amended by deleting "A micro enterprise and small enterprise as defined under the Small and Micro Enterprises Development Act 2002 are" wherever it appears and substituting "An enterprise which has a turnover or total assets not exceeding $100,000 and employs not more than 20 employees is".

Passed by the Parliament of the Republic of Fiji this 21st day of June 2019.