Vanuatu Consolidated Legislation - 1988
Commencement: 30 July 1980
LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988
JR 20 of 1980
ARRANGEMENT OF SECTIONS
3. Membership of Commission
4. Removal from office of members of Commission
7. Functions of Commission
To establish a Commission to advise on law reform and legislation proposals.
"Commission" means the Law Commission;
"Minister" means the Minister for the time being responsible for justice.
ESTABLISHMENT OF COMMISSION
2. A commission is hereby established to be known as the Law Commission.
MEMBERSHIP OF COMMISSION
3. (1) The Commission shall consist of a chairman and four other members.
(2) The members shall be appointed for a term of not more than 3 years by the Minister but shall be eligible for re-appointment.
(3) Not more than two members may be public officers and not less than one member shall be a person entitled to practise as a legal practitioner in Vanuatu.
REMOVAL FROM OFFICE OF MEMBERS OF COMMISSION
4. Should the Minister be satisfied that a member of the Commission -
(a) has been absent from 2 consecutive meetings of the Commission without the consent of the chairman or without reasonable excuse;
(b) has been convicted of a crime involving moral turpitude; or
(c) is otherwise unable or unfit to discharge the functions of a member,
he may by notice published in the Gazette declare the office of the member vacant.
SECRETARY AND SERVICES
(2) The Government shall provide the Commission facilities for its meetings and secretarial services for minutes and reports.
6. (1) The Commission shall meet not less than 6 times in each year.
(2) Not less than half of the members shall constitute a quorum of the Commission.
(3) Subject to the preceding subsections and any regulations made by the Minister, the Commission shall adopt and regulate its own procedures.
FUNCTIONS OF COMMISSION
(a) the removal of anachronisms and anomalies;
(b) the reflection in the law of the distinctive concepts of custom, the common and civil law legal systems and the reconciliation where appropriate of differences in those concepts;
(c) the development of new approaches to and new concepts of the law in keeping with and responsive to the changing needs of Vanuatu Society, of groups within that society and of individual members of that society.
8. In carrying out its functions the Commission may -
(a) receive and consider any proposals for the reform of the law that may be made or referred to it by any body or person including the Minister;
(b) on its own initiative carry out such studies and research of a legal nature as it may consider necessary for carrying out its functions including research relating to other legal systems;
(c) make proposals to the Minister for reforms in the law.
PROCEDURE CONCERNING BILLS
(2) When the Speaker receives a private members bill he shall furnish the Commission with a copy so that it may if it considers fit give the Speaker notice of its comments and recommendations as provided in subsection (1) for Government bills.
(3) The Speaker shall provide each member of Parliament with a copy of any notice of the Commission received in accordance with subsection (1) or (2) as soon as practicable after he has received it.
EXPENSES OF MEMBERS
(2) Without derogating from the generality of subsection (1) regulations may provide for -
(a) the procedures of the Commission;
(b) the manner of reimbursement of expenses of members of the Commission;
(c) the form in which the annual report of the Commission shall be made.