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Labour (Work Permit) (Amendment) Act 2005

Commencement: 29 August 2005

REPUBLIC OF VANUATU

THE
LABOUR (WORK PERMITS) (AMENDMENT)
ACT NO. 9 OF 2005

Arrangement of Sections

1. Amendments
2. Commencement
   

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REPUBLIC OF VANUATU

THE
LABOUR (WORK PERMITS) (AMENDMENT)
ACT NO. 9 OF 2005

Assent: 14 July 2005
Commencement: 29 August 2005

An Act to amend the Labour (Work Permits) Act [CAP 187].

Be it enacted by the President and Parliament as follows-

1 Amendments

The Labour (Work Permits) Act [CAP 187] is amended as set out in the Schedule.

2 Commencement

(1) Subject to subsection (2), items 1, 2, 3, 4, and 5 of the schedule, commence on the day on which the Act is published in the Gazette.

(2) Item 6 is taken to have commenced on 1 September 2004.

SCHEDULE

AMENDMENTS OF THE LABOUR (WORK PERMITS)
ACT [CAP 187]

1. Subsection 3(1)
   

Delete “VT 200,000”, substitute “VT 250,000”.

2. Subsection 3(1A)
   

Delete “VT 200,000”, substitute “VT 250,000”.

3. Subsection 14(2)

Delete “VT 10,000”, substitute “VT 100,000”.

4. Section 15(2)

After “evidence in”, insert, “relation to the service of a penalty notice or”.

5. Subsection 18(2)

Delete “VT 50,000”, substitute “VT 100,000”, and delete “VT 100,000”, substitute “200,000”.

6. After section 18

Insert

“PENALTY NOTICES

18A (1) The Commissioner of Labour or any labour Officer may serve a penalty notice on a person if it appears to the Commissioner of Labour or the labour officer, as the case may be, that the person has committed an offence under:

(a) subsection 2(1); or

(b) subsection 6(1); or

(c) subsection 6(2); or

(d) subsection 6(3); or

(e) subsection 9(5); or

(f) section 13.

(2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person must, within 30 days after receiving the notice, pay to the Commissioner of Labour, the amount of the penalty prescribed by the regulations if dealt with under this section.

(3) The amount prescribed by the regulations must not exceed fifty percent of the maximum penalty specified for the offence.

(4) A labour officer may serve a penalty notice under subsection (1) only if he or she is specifically authorised under subsection 15(1) to serve a penalty notice for a period of time during which the penalty notice is served.

(5) If the amount specified in the penalty notice is paid under this section, no person is liable to any further proceedings for the alleged offence.

(6) Payment under this section is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil proceeding arising out of the same occurrence.”

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