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Statute Law (Miscellaneous Provisions) Act 19 of 2013

REPUBLIC OF VANUATU
STATUTE LAW (MISCELLANEOUS PROVISIONS)
ACT NO. 19 OF 2013


Arrangement of Sections


__________________________


REPUBLIC OF VANUATU
Assent: 14/10/2013
Commencement: 27/11/2014


STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT NO. 19 OF 2013


An Act to provide for amendments to certain Acts.


Be it enacted by the President and Parliament as follows-


1 Amendment
The following Acts are amended as set out in the Schedule:


(1) Vanuatu Agriculture College Act [CAP 314];


(2) Business Names Act [CAP 211];


(3) E-Business Act [CAP 264];


(4) Employment Act [CAP 160];


(5) Financial Institution [CAP 254];


(6) Incorporated Cell Companies Act No. 22009;


(7) International Banking Act [CAP 280];


(8) International Coes Act [CAP [CAP 222];


(9) Mines and Minerals Act [CAP 190];


(10) National Bank of Vanuatu Act [CAP 209];


(11) Police Act [CAP 105];


(12) Protected Cells Companies Act No. 37 o5;


(13) Vanuatu Financial Services Commission Act [CAP 229];


(14) Vu Interactiractive Gaming Act [CAP 261];


(15) Vanuatu National Provident Fund Act [CAP 189].


2 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the provisions of this Act have commenced.


(2) The repeal of this Act does not, because of the operation of section 11 of the Interpretation Act [CAP 132], affect any amendment made by this Act.

3 Com3 Commencement
This Act commences on the day on which it is published in the Gazette.


_____________________________


SCHEDULE
MINOR AMENDMENTS


1 VANUATU AGRICULTURE COLLEGE ACT [CAP 314] (FRENCH TEXT)
(a) Paragraph 10(2)(e)
After “personnes”, insert “nommées par le Ministre’’


2 BUSINESS NAMES ACT [CAP 211]
(a) Subsection 1(1) (definition of the Companies Act)
Delete “Companies Act [Cap. 191], substitute “Companies Act No. 25 of 20121#8221;


(b) Subsection 1(1) (definition of credit8217; voluntary winding –up)
R
Repeal the definition.


(c) Subsection 1(1) (definition of exempted company)
Repeal the definition, substitute


““exempted company” means a company registered or re-registered under Part 11 o Companompanies Act and is either exempted from the application of all or any requirements of thrt;”<221;


(d) Paragraph 3(1)(a)
Delete “in a creditors’ voluntary winding - up”


3 E-BUSINESS ACT [CAP 264]
(a) Section 1 nition ofon of Companies Act)
Repeal the definition, subse


““Companies Act&#Act” means the Companies Act No. 25 of 28221#8221;


(b) Paragraph 5(2)(a)
Repeal the paragraph, substitute


#8220;(a) a(a) a company within the meaning of the Companies Act other than a company registered under Part 11 ot Act; Act; or”


(c) Paragraph 5(2)(c)
Delete &#822Schedule 3 of&#8 21;, 21;, substitute “under”


(d) Paragraph 5(2)(d)
Repeal the paragraph, substitute


“(d) is permitted by the Minister to carry on business in or within Vanuatu as the case may be with a company or a resident of Vanuatu in accordance with the Companies Act.”


4 EMPLOYMENT ACT [CAP 160]
(a) Subsection 54(3)
Delete “section 308 of the Companies Act [CAP 191]”, substitute “section 16t&#16f Scof Schedule 7 of the Companiepanies Act No. 25 of #8221;


5 FINANCIAL INSTITUTIITUTIONS ACT [CAP 254]b>(a)eSubsection 1(1) (definition of ‘hold;holding company’)
Repeal the definition, substitute


““holding company” has the same meaning as in the Companies Act No. 22012;̶”


(b) Subsection 1(3)
Delete “Companies Act [CAP 191]”, substitute “Companies Act No. 25012”#8221;


(c) Subsections 4(1) and (2)
Delete “Companies Act [91]” 221; (wherever occurring), substitute “Companies Act No. 25 of #8221#8221;


(d) Paragraph 22(1A)(a)
Delete “section 166 of the Companies Act [CAP 191]”, substitute “section 130 of the Companies A. 25 12”#8221;

(e) Paragraph 46(3)(e)Dele8220;Companies Aces Act [CAP 191]”, s1;, substitute “Companies Act No. 25 of 2012”


(f) Subsection 50(2)
Delete “section 212 of theaCompanies CAP 191]Q]”, substitute “Division 1 of t160;the Companies Act No. #160f 2012&2012”


(g) ragra(2)(b)(i)
>
Delete “Companimpanies Act [CAP 191]”, substitute “Companies Act No. 25 of 20221#8221;


6 INCORPORATED CELL COMPANIES ACT NO. 22009/>(a) Subsection 1(1) (de) (definition of ‘Companies Act&#821b>
Repeal the definitionition, substitute


““Companies Act” means the Companies Act No. 25 of 28221#8221;


(b) Subsection 1(1) (definition of &#8egistrar of companies or registrar’ a17; and ‘special resolution’)
Delete “Companies Act [CAP 191]”, substitute “Companies Act No. 25012”#8221;


(c) Subsection 1(2)
Delete “Companie [CAP 191]” (whereverrever occurring), substitute “Companies Act No. 25 of 2012”


(d) Section 6Delete lete “section 26 e Companompanies Act&#, subttitute “Division 2 of Part&#160 2 of the Companies A221;


(e) Paragraph 8(2)(b)
Delete “tof tho memorandum and articles oles of the incorporated cell setting out the matters mentioned in section 5 and 11 of the Companies Act”, substitute “rules of the incorporated cell settut the matters as provided ided under the Companies Act”


(f) Subsections 8(3)
Delete “memorandum and articles”, substitute “rules or model rules”


(g) Subsection 8(4)


(1) Delete “memorandum” (wherever occurring), substitute “rules or model rules”


(2) Delete “section 18 of thpanompanies Act”, substitute “the Companies Act”


(h) Subsection 8(5)
Delete “memorandum and articles”, substitute “rules or model rules”


(i) Subsection 8(6)
Delete “memorandum” and “memorandum and articles” (wherever occurring), substitute “rules or model rules”


(j) Section 11Deleteelete “section 26 o Companompanies Act”, substitute &#82vision 2 of Part #160 the Cohe Companies Act”


(k) Subsection 16(1)
Delete “section 127”, substitute “Section 119”


(l) Subsect6(2)
Delete “by subsection 127n 127(2) of”, substi“by s;by subsection 119(1)”


(m) Subsection 17(1)
Delete “section 146 of&;

(n) Subsection 18(1)
Delete “by section f&#82substiubstitute “#8220;under”


(o) Subsn 18(2)
Delete “section 2160;209 of”


(p) Subsection 19(1)
Repeal the subsection, substi/p>

“(1) The The duties imposed on a company under the Companies Act on share register must, in the case of an incorporated cell, be performed by its incorporated cell company.”


(q) Subsection 19(2)
Delete “section 114 of&#

(r) Subsection 20(1)
Repeal the subsection, substitute


“(1) The duties imposed on a company under the Companies Act on share register must, in the case of an incorporated cell, be performed by its incorporated cell company.”


(s) Subsection 21(1)
Repeal the subsection, substitute


“(1) The duties imposed on a company under the Companies Act on inspections of company records must, in the case of an incorporated cell, be performed by its incorporated cell company.”


(t) Subsections 22(1), (2) and (3)
Delete “section 148” (wherever occurring), substitute “section 1221;


(u) Subsections 23(2), (5) and) and (6)(a)
Delete “section 149C” (wherever occurring), substitute “section 125&;

(v) Section 24Deleteelete &#8e “section 132 221; (wherever occurring)

(w) Subsection 25(1)
e “in section 161 of”, sub, substitute “under”


(x) Paragraph 26(a)
Delete “sn 163 ;163 of”


(y) Paragraphs 26(d) and (e)
Delete “section 1621; (wher(wherever occurring), substitute “section 133&#82p>


(z) Subsns 27(1) an1) and (2)
Delete “section 16#8221;

p>(za) Subsection 30(3)
Delete “subsection4)”, substitute ̶“section 150&#8/p>


7 INTERNATIONAL BANKING ACT [CAP 280]
(a) The entit
Delete “Comp;Companies Act [CAP 191]” (wherever occurring), substitute “Companies Act No. 25 of 2012”


(b) Paragraph 34(2)(a)
Delete &#822tion 166 of the Companies Act [CAP 191P 191]”, substitute “section 1 the CompaCompanies Act No. 25 o2”#8221;


8 INTERNATIONAL COMPANIES ACT [CAP 222]
(bsection 1(1) (definition oion of ‘Companies Act’ and ‘exempted company’)
Delete “Companies Act [CAP 191]”, substitute “Companies Act No. 25 of”#8221;


(b) After subsection 25(3)
In/p>

“(4) A company must not tnot transfer its registered share if the company or its beneficial owner is an owner of a real property in Vanuatu.


(5) Subsection (4) dot appt apply if a payment of 4% of the registered share value han made to the Commission by that company.&#ny.”


(c) Paragraph 110(2) (c)
Delete “Part 6 of theanimpanies Act”, substitute “the Companies (Insolvend Receivership) Act No. of 2013”


9 MINES AND MINERALS ACT [CAP 190]
(a) Subsection 1(1) (definition of ‘building minerals’ and ‘quarry permit’)
Repeal the definitions.


(b) Subsection 1(1) (definition of ‘Mining Right’)
After “permit” (second occurring), insert “issued under the Quarry Act No. of 2013”


(c) At the end of section 55
Add


“(4) In this section, “quarry permit” means a quarry permit issnder the Quhe Quarry Act No. of 2013”


(d) Part 14 – QUARRY PERMITS
Repeal the Part.


(e) Subsection 67(3)
Delete “or a quarry permit”


(f) Section 68
Delete “or quarry permit”


(g) Subsection 69(1)
D “or quarry permitit”


(h) Paragraph 88(2)(t)
Repeal the paragraph.


10 NATIONAL BANK OF VANUATU (RESTRUCTURING) ACT NO. 3 OF /b>
(a) Section 2 (deion ofon of ‘Companies Act’)

11 POLICE ACT [CAP 105]
(a) After subsection 7A(1)
Insert

“#8220;(1A) The Commission must consult the Minister before an advice can be made by it to the President under subsection (1).”


12 PROTECTED CELLS COMPANIES ACT NO. 37 OF 2005
(a) Paragraph 2(1) (b)
Delete “articles”, substitute “rules or model rules”


(b) Paragraphs 8(7)(a), (b) and (c)
Delete “memorandum” (wherever occurring), substitute “rules or model rules”


(c) Subsections 11(2) and (3)
Delete “memorandum” (wherever occurring), substitute “rules or model rules”


(d) Section 13
eelete “the Companies Act [CAP 191]”, substitute “the Companies Act No. 22012&;8221;8221;


(e) Paragraph 16(2)(a)
Delete 0;articles”, substitute “rules ules or model rules”


(f) Subsection 16(5)
Delete “articles”, substitute “rules or model rules”


(g) Subsection 23(5)
Delete “memorandum or articles”, substitute “rules or model rules”


13 VANUATU FINANCIAL SERVICES COMMISSION ACT [CAP 229]
(a) Subparagraph 18(5)
Delete “section 166 of tmpaCompanies Act [CAP 191]”, substitute “section 130he CompaCompanies Act No. 25 of #8221#8221;


14 VANUATU INTERACTIVE GAMING ACT [CAP 261]

Delr>Delete “section 166 of the Companies Act [CAP 191]”, substitute “section 130he Coes nies Act No. 25 of 2012”8221;


(b) ction 28(2)
Delete “section&#1on 166 of ompaCompanit [CAP 191] 191]”, substitute “section 13the Coes Coes Act No. 25 of 2012&2012”


15 VANUATU NATIPROVIDENT FUND ACT [CAP 189P 189]
(a) Subsection 20 (3)
Delete “section 166 ofCompaCompanies Act [CAP 191]”, substitute “section 1 the CompaCompanies Act No.;25 of 2012 2012”


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