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The University of the South Pacific Convention Act 2018

NIUE

THE UNIVERSITY OF THE SOUTH PACIFIC CONVENTION ACT 2018

No. 346

Contents

1. Title
2. Commencement

Part 1
Preliminary matters

3. Interpretation
4. Act binds the Government

Part 2
Implementation of the Convention

5. Application of the Convention
6. Legal Status
7. National Treatment

Part 3
Miscellaneous

8. Regulations
Schedule 1
Schedule 2
Schedule 3

An Act to Implement in the law of Niue the Convention Recognising the University of the South Pacific in each Member Country of the University.

The Assembly enacts as follows -

1. Title

This is the University of the South Pacific Convention Act 2018.

2. Commencement

This Act comes into force on the day after the date on which it becomes law in accordance with Article 34 of the Constitution.

Part 1

Preliminary matters

3. Interpretation

(1) In this Act, unless the context otherwise requires,

Minister means the Minister for Education
USP means the University of the South Pacific
USP Charter means the Royal Charter of the USP set out in Schedule 2
USP Convention means the Convention Recognising the University of the South Pacific in Member Countries of the University set out in Schedule 1
USP Statutes means the Statutes of the USP set out in Schedule 3

(2) In interpreting the USP Convention, regard may be made to -

(a) the USP Royal Charter; and
(b) the USP Statutes.

(3) Unless a contrary intention appears, words and expressions used in this Act must be accorded the same meaning as used in the USP Convention.

(4) In this Act, a reference to the USP Convention, the USP Royal Charter or the USP Statutes is a reference to that document as amended, adapted or extended from time to time.

4. Act binds the Government

This Act binds the Government.

Part 2

Implementation of the Convention

5. Application of the Convention

(1) The USP Convention to the extent it applies to the recognition and operations of the University of the South Pacific in Niue, shall have the force of law in Niue.

(2) The Minister shall, as soon as practicable after any amendment to the USP Convention is made pursuant to the relevant Articles, cause a copy of the amendments to be published in the gazette.

6. Legal Status

USP shall enjoy the legal status of a body corporate incorporated under the laws of Niue.

7. National Treatment

(1) USP shall enjoy national treatment under the laws of Niue

(2) For the purposes of this section -

national treatment means that as regards the operations of USP in Niue, USP shall enjoy the same rights and all advantages that nationals of Niue are accorded in Niue; and
nationals means legal entities incorporated under the laws of Niue as nationals of Niue.

Part 3

Miscellaneous

8. Regulations

Cabinet may make Regulations as are necessary for carrying out the purposes of this Act.

Schedule 1
Text of Convention Recognising the University of the South Pacific in each
Member Country of the University

Schedule 2
Royal Charter of the University of the South Pacific

Schedule 3
Statutes of the University of the South Pacific

I, TOGIAVALU PIHIGIA, Speaker of the Niue Assembly, certify that the requirements of Article 34 of the Niue Constitution have been complied with.

SIGNED AND SEALED at the Assembly Chambers this 24th day of December 2018.

Speaker of the Niue Assembly

COUNTERSIGNED in the presence of the Speaker

Clerk of the Niue Assembly

This Act was passed by the Niue Assembly on the 19th day of December 2018

This Act is administered by The University of the South Pacific