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Consolidated Acts of Samoa 2011 |
SAMOA
MINISTERIAL AND DEPARTMENTAL ARRANGEMENTS ACT 2003
Arrangement of Provisions
Schedule
2003, No. 3
AN ACT to provide for Ministerial portfolios and Departmental arrangements and for related purposes.
[Assent date: 29 January 2003]
[Commencement Date: 1 May 2003]
BE IT ENACTED by the Legislative Assembly of Samoa in Parliament assembled as follows:-
1. Short title and commencement-(1) This Act may be cited as the Ministerial and Departmental Arrangements Act 2003.
(2) This Act shall come into force, in whole or part, on a date or dates nominated by the Prime Minister.
(3) Notice of commencement of the Act, or parts of the Act, shall be published in Samoan and English in the Savali and 1 other newspaper
circulating in Samoa.
(4) As part of the procedure for the commencement of this Act the Prime Minister may, by notice, determine:
(a) that 1 or more of the Ministries and Departments existing at the date of the commencement of this Act be subject to this Act; and
(b) that 1 or more Ministries in the Schedule shall commence in accordance with this Act,
and this Act is to be interpreted and applied, with such amendments and adjustments as necessary, to allow for a transition in stages
from such Ministries and Departments existing at the date of the commencement of this Act to the Ministries in the Schedule as the
Prime Minister so determines.
2. Interpretation – In this Act unless the context otherwise requires:
“Head of Department” and “Permanent Head” for the purposes of section 9 includes Secretary, Director, Director- General, Commissioner and any other title or term used to name or describe a Head of Department.
3. Application-(1) Except so far as the contrary intention appears, this Act applies to all Acts, including this Act.
(2) This Act binds the Government.
4. Ministries–(1) There shall be the Ministries designated in the Schedule 1.
(2) Each Ministry is a Department of the Government.
(3) Save for the Ministries in the Schedule there are no other Ministries or Departments and, despite any other law, all other Ministries
and Departments, howsoever called, are abolished.
(4) Where the Schedule 1 is amended under section 6, the amendment shall have the effect of abolishing a Ministry or Department deleted
from the Schedule 1.
5. Chief Executive Officers–(1) Subject to subsection 3, a Ministry shall have a Head of Department who is to be called the Chief Executive Officer.
(2) Save for the Chief Executive Officers of the Ministries listed in the Schedule 1, there are no other Heads of Departments or Permanent
Heads and, despite any other law, the positions of all other Heads of Departments and Permanent Heads, howsoever called, are abolished.
(3)(a) the Chief Executive Officer of the Ministry responsible for Police (howsoever the Ministry is called) may also be called the Commissioner of Police; and
(b) the Chief Executive Officer of the Ministry responsible for Customs (howsoever the Ministry is called) may also be called the Comptroller of Customs; and
(c) the Chief Executive Officer of the Ministry responsible for Inland Revenue (howsoever the Ministry is called) may also be called the Commissioner for Inland Revenue; and
(d) the Chief Executive Officer of the Ministry responsible for Health (howsoever the Ministry is called) may also be called the Director General of Health.
6. Amendment of Schedules–(1) The Schedules may be amended by Order of the Head of State acting on the advice of the Prime Minister.
(2) Notice of an order made under subsection (1) is to be published in Samoan and English in the Savali and 1 other newspaper circulating
in Samoa.
7. Assignment of responsibilities to Ministers–(1) The Prime Minister may, by direction in writing under the Prime Minister’s hand -
(a) charge a Minister with the responsibility for a department or subject; and
(b) revoke or vary a direction given under this provision.
(2) The Prime Minister may retain in his or her charge a department or subject.
8. References to Ministers of abolished Ministries and Departments – A reference in an Act, Ordinance, Regulation, Rule, Proclamation, Order, Notice, Bylaw or other act of authority to a Minister
of a Ministry or Department abolished under this Act or by operation of an amendment to Schedule 1 is to be read as referring to
the Minister assigned responsibility for the activities or functions of the abolished Ministry or Department.
8A. References to abolished Departments and Ministries – Reference in an Act, Ordinance, Regulation, Rule, Proclamation, Order, Notice, Bylaw or other act of authority to a Department or Ministry (howsoever called) abolished under this Act or by operation of an amendment to Schedule 1 is to be read for all purposes as referring to the Ministry listed in Schedule 1 which has the responsibility for the activities or functions of the abolished Ministry or Department.
9. References to Heads of Departments of abolished Ministries and Departments – A reference in an Act, Ordinance, Regulation, Rule, Proclamation, Order, Notice, Bylaw or other act of authority to a Head of Department or Permanent Head (howsoever called) of a Ministry or Department abolished under this Act or by operation of an amendment to Schedule 1 is to be read as referring to the Chief Executive Officer of such Ministry listed in Schedule 1 which has responsibility for the activities or functions of the abolished Ministry or Department.
10. Order clarifying Ministerial and Chief Executive Officer responsibilities-(1) Where there is uncertainty or doubt as to which Ministry listed in Schedule 1 has responsibility for the activities or functions
of an abolished Ministry or Department, the Head of State, acting on the advice of the Prime Minister, may make such Order as is
deemed necessary to assign such responsibility.
(2) For all purposes an Order made under this section is to be regarded as final and conclusive and no Court or person shall have
cause to inquire into or question such Order.
11. Saving – The abolition of a Ministry or Department or the office of a Head of Department or Permanent Head by this Act or by operation of an amendment of Schedule 1 shall not -
(a) affect the previous operation of a Ministry or Department so abolished or an Act affected by any such abolition or anything duly done or suffered by any such Ministry or Department under an Act so affected;
(b) affect a right, privilege, obligation or liability acquired, accrued or incurred by such Ministry or Department, under an Act so affected;
(c) affect a penalty, forfeiture or punishment incurred in respect of an offence committed against an Act so affected; or
(d) affect an investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment under an Act so affected.
12. Schedule of Chief Executive Officers – There shall be the Chief Executive Officers designated in Schedule 2.
13. Repeal – The Ministerial Portfolios Act 1976 is repealed.
SCHEDULE 1
(Section 1, 4, 5, 6, 8, 9, 10 and 11)
MINISTRIES
SCHEDULE 2
CHIEF EXECUTIVE OFFICERS
(Section 12)
Chief Executive Officer, Ministry of the Prime Minister
Chief Executive Officer, Ministry of Finance
Chief Executive Officer, Ministry of Agriculture
Chief Executive Officer, Ministry of Commerce, Industry and Labour
Chief Executive Officer, Ministry of Communications and Information Technology
Chief Executive Officer, Ministry of Education, Sports and Culture
Chief Executive Officer, Ministry of Foreign Affairs and Trade
Chief Executive Officer, Ministry of Health
Chief Executive Officer, Ministry of Justice and Courts Administration
Chief Executive Officer, Ministry of Natural Resources and Environment
Chief Executive Officer, Ministry of Police, Prison and Fire Service
Chief Executive Officer, Ministry for Revenue
Chief Executive Officer, Ministry of Works, Transport and Infrastructure
Chief Executive Officer, Ministry of Women, Community and Social Development
REVISION NOTES 2008-2011
This Act has been revised under section 5 of the Revision and Publication of Laws Act 2008.
The following general revisions have been made:
(a) Amendments have been made to conform to modern drafting styles and to use modern language as applied in the laws of Samoa.
(b) Insertion of the commencement date
(c) Other minor editing has been done in accordance with the lawful powers of the Attorney General, where
(i) “Every” and “any” changed to “a/an”
(ii) Present tense drafting style:
- “shall be” changed to “is/are” or “is/are to be”
- “from time to time” removed
(iii) Numbers in words changed to figures
(iv) Removal of superfluous terms
- “the provisions of”
- “for all purposes”
(v) Removal of “and” from “and/or”
(vi) Adopting practice of placing “and” or “or” at the end of each paragraph where appropriate.
(vii) Corrected reference to the authorising provisions for the Schedule (see under the Schedule heading) and the Schedule is renumbered as Schedule 1 according to amendments set out below.
The following amendments are re-noted in its entirety for completeness and to include changes missing from the Consolidated and Revised Statutes of Samoa 2007 (in particular sections 8, 8A and 12) –
By section 75(1) of the Public Service Act 2004:
Section 4 - Deleted the words ‘the Schedule’ from subsection 4(1), and substitute ‘Schedule 1’;
- Deleted the words ‘the Schedule’ from subsection 4(4), (twice occurring) and substitute ‘Schedule 1’;
Section 5 - Deleted the words ‘the Schedule’ from subsection 5(2), and substitute ‘Schedule 1’;
Section 6(1) - Section 6(1) was deleted and substituted the current section 6(1).
Section 8 - Deleted the words ‘the Schedule’ from section 8, and substitute ‘Schedule 1’;
Section 8A - A new section 8A was inserted after section 8.
Section 9 - Deleted the words ‘the Schedule’ from section 9 (twice occurring) and substitute ‘Schedule 1’;
Section 10 - Deleted the words ‘the Schedule’ from section 10, and substitute ‘Schedule 1’
Section 11. - Deleted the words ‘the Schedule’ from section 11, and substitute ‘Schedule 1’;
Section 12 - Section 12 was deleted and substituted the current section 12.
Schedule 2 - Inserted at the end of this Act.
The following amendments have been made to specific sections of the Act to incorporate amendments made by an Act of Parliament passed since the publication of the Consolidated and Revised Statutes of Samoa 2007–
By the Ministerial and Departmental Arrangements Amendment Act 2010, No.31:
Section 5(3)(d) - A new paragraph (d) has been inserted after paragraph (c).
This Act has been consolidated and revised in 2008, 2009, 2010 and 2011 by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is the official version of this Act as at 31 December 2011. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.
Aumua Ming Leung Wai
Attorney General of Samoa
Revised and consolidated in 2008 by the Legislative Drafting Division under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel)
Revised in 2009, 2010 and 2011 by the Legislative Drafting Division under the supervision of Papalii Malietau Malietoa (Parliamentary Counsel).
The Act is administered
by the Ministry of the Prime Minister
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URL: http://www.paclii.org/ws/legis/consol_act_2011/madaa2003395