CONSOLIDATED ACTS OF SAMOA 2008

MISCELLANEOUS FEES AMENDMENT ACT 1998

Arrangement of Provisions
 
1. Short title and commencement 
2. Credit Union Ordinance 1960 
3. Incorporated Societies Ordinance 1952 
4. Industrial Designs Act 1972 
5. Land and Titles Act 1981 
6. Patents Act 1972 
7. Trademarks Act 1972 
8. Companies Act 1955 
9. Business Licences Ordinance 1960 
10. Road Traffic Ordinance 1960 
11. Arms Ordinance 1960 
12. Gaming Act 1978 
13. Police Offences Ordinance 1961 
14. Customs Act 1977 
15. Lands and Titles Investigation Act 1966

_____________________________

THE MISCELLANEOUS FEES AMENDMENT ACT 1998

1998 No. 16
 
AN ACT to amend the fees payable to government in various Acts of Parliament.
(19 June 1998) 
 (Commencement date: 19 June 1998)

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 Miscellaneous Fees Amendment Act 1998 and shall form part of and be read with the respective enactments that are amended by it.

(2) This Act shall come into force on the date that it is assented to by the Head of State. 
 
2. Credit Union Ordinance 1960 - Section 67 of the Credit Union Ordinance 1960 is amended by prescribing the following amended fees: 

"For filing a Memorandum of Association 	$45.00 	
Fee for Certificate of Incorporation 	$45.00 	
Fee for filing Annual Return 	$30.00" 	
 
3. Incorporated Societies Ordinance 1952 - The Second Schedule to the Incorporated Societies Ordinance is repealed and replaced with the following: 
 
"SECOND SCHEDULE	 Section 6(b) 	

Table of Fees Payable to the Register
 
Fee on application for registration 	$45.00 	
Fee for certificate of incorporation 	$45.00 	
Fee for alteration of rules 	$24.00 	
Fee for certified copy of extract 	$24.00 	
(if the copy of extract exceeds 3 folios of 72 		
words each an additional fee for each additional 		
folio or part thereof) 	$3.00 	
Fee for any other document required to be registered 	$24.00 	
Fee for inspection of Register 	$12.00 	
Fee for inspection of any document 	$12.00." 	
 
4. Industrial Designs Act 1972 - The Schedule to the Industrial Designs Act 1972 is repealed and replaced with the following: 

"Schedule

Section 9 

Fees
 
Item No.	 Subject 	Amount 	
1	On application for registration 
 of an industrial design to be applied 
 to a single article
	$45.00 
	
2	On application to register one design 
 to be applied to a set of articles
	$69.00 
	
3	On first application for renewal
	$45.00 
	
4	On second application for renewal
	$69.00	
5	On request to record assignment, 
 transmission, or licence contract - 
 In respect of one design	$24.00 
	
	For each additional design	$ 6.00 
	
6	On alteration of address, or address 
 for service - 
 In respect of one design	

$ 9.00 
	
	For each additional design	$ 3.00
	
7	On application for cancellation	$ 9.00
	
8	Duplicate certificate of registration	$ 9.00
	
9	On application for annulment	$69.00 
	
10	On appeal to the Supreme Court 
 against decision of the Registrar
	$45.00 
	
11	For typewritten or photographic 
 copy of design or document	Reasonable cost." 

5. Land and Titles Act 1981 - The First Schedule to the Land and Titles Act 1981 is repealed and replaced with the following: 
 
"FIRST SCHEDULE

Sections 9(2), 15, 17, 68, and 91
 
ITEM 	 ACTION FOR WHICH FEE PAYBLE 	 AMOUNT 	
1	Filing petition, to include of summons 
 and services
	$40.00 
	
2	Hearing (including sealed copy of decision 
 to each party)	$20.00 
	
3	Each additional copy of decision 
	$5.00 plus .60 sene per page	
4	Application for leave to appeal, to include 
 order thereon and service of notice to parties
	$200.00 
	
5	Each single search, per file	$5.00 
	
6	Each general search, per file	$20.00 
	
7	Survey	as ordered by the Court 
	
8	Application for pulefaamau, or intention to 
 appoint, to include publication in Savaii and 
 petition to confirm
	$100.00 
	
9	Hearing on confirmation of pulefaamau (no 
 objection having been lodged)
	$60.00 
	
10	Survey unless certified for greater or lesser 
 amount by the President
	$150.00 
	
11	Objection to Pulefaamau	$70.00 
	
12	Release of Court proceedings, 
 per file
	
$20.00 plus 60 sene per page	
13	Priority Hearing Fee (in addition 
 to item 2)
	$300.00 
	
14	Adjournment Fee	$500.00 
	
15	Registration and Publication of Matai Titles	$40.00 
	
16	Certificate of confirmation of Matai Title	$20.00 
	
17	Interim Orders by Registrar and President	$50.00" 

6. Patents Act 1972 - The Sixth Schedule to the Patents Act 1972 is repealed and replaced with the following: 
 
"SIXTH SCHEDULE
Section 15 
 
On filing application and specification for patent or registration of overseas patent 	$180.00 	
 		
Fee to the Attorney-General for provisional certificate of protection 	$450.00 	
 		
On obtaining letter patent 	$225.00 	
 		
On lodging objections 	$90.00 	
 		
Every search and inspection 	$27.00 	
 		
Registration of assignments of letters of patent 	$135.00 	
 		
Certificate of registration issued under section 9 	$225.00 	
 		
Copy of extract of documents and drawings 	Reasonable cost fixed by Registrar 	
		
On filing application and specification for registration of a New Zealand patent issued prior to 1 January 1962 and for certificate of registration thereon issued under section 9 in lieu of the filing and certificate fees above 	$45.00 	
 		
On filing application and specification for registration of a New Zealand patent issued 		
prior to the commencement of this Act and subsequent to 1 January 1962 and for 		
certificate of registration thereon issued under section 9 in lieu of the filing and certificate fees above 	$225.00" 	

7. Trademarks Act 1972 - The Second Schedule to the Trademarks Act 1972 is repealed and replaced with the following: 
 
"SECOND SCHEDULE
Section 24: Proviso 
 
List of Fees Payable
 
On application to register a trade mark or renewal of a trade mark 	$180.00 	
 		
On application to register a series of trade marks under section 12 of this Act or a renewal thereof		
For the first trade mark 	$180.00 	
For every other trade mark in the series 	 $60.00 	
 		
On application for a certificate of registration under section 16 of this Act 	$180.00 	
 		
On application for a certificate of registration under section 16 of this Act of any New Zealand trade mark registered prior to 1 January 1962 provided application is made within one year of the commencement of this Act 	$45.00 	
		
On renewal of registration of an overseas trade mark 	$90.00	
 		
On filing an appeal under section 17 of this Act 	$90.00	
 		
On application to register an assignment or transmission 	$45.00	
		
For a search under section 4 (3) 	$18.00	
		
For a certified copy of any entry in the register 	$18.00	
		
For typed or photographic copy of documents 	Reasonable Cost fixed by Registrar".	

8. Companies Act 1955 - The First Schedule to the Companies Act 1955 is repealed and replaced with the following: 
 
FIRST SCHEDULE	 Sections 8, 379, 470 	
 
Table of fees to be paid to the Registrar of companies 
 
(i) Fees Payable on Registration or on Increase of Capital by a Company Having a Share Capital: 

For registration of a company whose 
 nominal share capital does exceed $4,000
	$126.00 
	
For registration of a company whose nominal 
 share capital exceeds $4,000. The above fee 
 of $126.00 with the following additional fees, 
 regulated according to the amount of nominal 
 share capital, that is to say:
		
For every $2,000 of nominal share 
capital, or part of $2,000 after the first 
$4,000 up to $10,000	

$18.00 
	
For every $2,000 of nominal share 
capital, or part of $2,000 after the first 
$10,000 up to $200,000.00	

$4.50 
	
For every $2,000 of nominal share 
capital, or part of $2,000 after the first 
$10,000 up to $200,000.00	

$0.90 
	
For registration of any increase of share made 
after the first registration of the company: The 
same fees per $2,000, or part of $2,000, as 
would have been payable if the increased share 
capital had formed part of the original capital 
as the time of registration: 

Provided that no company shall be liable to pay in respect of nominal share capital, on registration or afterwards, any greater amount of fees than $900.00, taking into account, in the case of fees payable on an increase of share capital after registration, the fees paid on registration. 
 
For registration of any existing company, except such companies as are by this Act exempted from payment of fees in respect of registration under this Act. The same fee as is charged for registering a new company. 

(ii) Fees Payable on Registration or on Increase of Members by a Company not having a Share Capital: 

For registration of a company whose number 
 of members as stated in the articles does not 
 exceed 20.

For registration of a company whose number 
 of members as stated in the articles exceeds 
 20, but does not exceeds 100

For registration of a company whose number 
 of members as stated in the articles exceeds 
 100 but is note stated to be unlimited. The 
 above fee of $216.00 with an additional 
 $4.50 for every additional 50 members or less 
 after the first 100 
 
 For registration of a company in which the 
 number of members is stated in the articles 
 to be unlimited $396.00 
 
 For registration of any increase in the number 
 of members made after the registration of the 
 company, in respect of every 50 members, or 
 less than 50 members, of that increase

Provided that no company shall be liable to pay in the aggregate a greater fee thatn $500.00 in respect of its number of members, taking into account the fee paid on the first registration of the company. 
 
 For registration of any existing company, exceed such companies as are by this Act exempted from payment of fees in respect of registration under this Act. The same fee as in charged for registering a new company.

(iii) Miscellaneous Fees 
 
 For the first certificate of incorporation: 
 
 Where the company has a nominal share 
 capital exceeding $10,000.00

In every other case 

For any certificate of incorporation after 
 the first

For recording any alteration of the objects 
 of a company

For registering under Part IV of this Act the 
 instrument creating or evidencing any charge 
 required to be registered thereunder to be 
 registered thereunder (to be computed in the case 
 of a series of debentures as on one charge for the 
 total amount secured by the whole series): 

Where the amount of the charge does not 
 Exceed $400.00

Where the amount exceeds $400.00 or is 
 not specified

Where two or more instruments create or 
 evidence a charge or charges securing the 
 same moneys, for every such instrument 
 after the first

For a certificate of the registration of any 
 charge under Part IV of this Act 

For registering any satisfaction or partial 
 satisfaction of a charge or release or partial 
 release of property from a charge under 
 Part IV of this Act

For a certificate of the satisfaction or partial 
 satisfaction or release or partial release of a 
 charge under Part IV of this Act

For re-registration of a public company as a 
 private company

For re-registration of a private company as a 
 public company

For registering any document by this Act required 
 or authorised to be registered or required to be 
 delivered, sent, or forwarded to the Registrar and 
 not otherwise charged, delivered to the Registrar 
 by a receiver or manager or the statement required 
 to be sent to the Registrar by a liquidator

For making a record of any fact by this Act 
 required or authorised to be recorded by the 
 Registrar and not otherwise charged

For a certified copy of or extract from any 
 document

For a copy or extract from any document, 
 over and above the fee for certifying the same, 
 for each folio of seventy-two words, not 
 exceeding

For every inspection of any document

For every inspection of five or more 
 documents relating to a single company	

$126.00 

$216.00 

$4.50 

$180.00 

$108.00

$4.50 

$18.00 

$9.00 

$18.00 

. $4.50 

$4.50

$4.50 

$4.50 

$90.00 

$90.00 

$4.50 

$4.50 

$4.50 

$0.50 

$1.00 

$4.50 	

9. Business Licences Ordinance 1960 - The Business Licences Ordinance 1960 is amended as follows – 

(a) By deleting from section 4(1) the words "of $200.00" and replacing them with the words "as prescribed"; and 

(b) By deleting from section 14(2) the words "an amount of $15" and adding the words "the amount prescribed for late payment", after words "in respect of each licence"; and 

(c) By adding to section 22(2) the following sub-paragraph; 

"(g) The fees payable for business licences issued under this Act"; and 

(d) By deleting from paragraph (f) of section 22(2) the figure "$100" and replacing it with the figure "$2,000"; and 

(e) By deleting from section 15(4) the words "in the Third Schedule"; and 

(f) By deleting from the Third Schedule all references to the amounts of fees. 
 
10. Road Traffic Ordinance 1960 - The First Schedule to the Road Traffic Ordinance 1960 is repealed and replaced with the following: 
 
"FIRST SCHEDULE
 
ITEM NO. 	 DESCRIPTION OF TYPE OF LICENCE 	
1	Vehicle Licence issued pursuant to section 9: 

(a) For each goods vehicle, tractor, other than for tractors used exclusively in connection with the cultivation or farming of the owner’s plantation or farm and used on the road only in proceeding to or from a garage in connection with the servicing or repair of such tractor) and trailer. 	

Tare weight (tons) 	Registration Fee 	
		
less than 1	$300 
	
exceeding 1 but not exceeding 3	$300 plus $7.50 per cwt in excess of 1 ton 
	
exceeding 3 but not exceeding 5	$600 plus $15 per cwt in excess of 3 tons 
	
exceeding 5 but not exceeding 8	$1,200 plus $22.50 per cwt in excess of 5 tons 
	
exceeding 8	$2,550 plus $30 per cwt in excess of 8 tons 

(b) An additional fee in relation to a vehicle referred to in item (1) (a) for every 5 cwt net weight of the vehicle or part of every 5 cwt where the vehicles in total: 	

(i) 3 tons or less tare weight: 
- having an engine capacity up to 
 and including1500 cc

$50 plus $21 per 5 cwt. 
	
- having an engine capacity 
 from 1500 cc up to and 
 including 2000 cc

- having an engine capacity 
 from 2,000 cc up to and 
 including 3,000 cc

- having an engine capacity 
 over 3,000 cc

(ii) over 3 tons tare weight

(c) Public Service vehicles other than taxis: 

The fee shall be the same as is payable 
 under item (1)(a) and (b) plus for each passenger the vehicle is licensed to 
 carry.

(d) Taxi and rental vehicles: 

(i) having an engine capacity 
 of up to and including 
 1500 cubic centimetres

(ii) having an engine capacity from 
 1501cubic centimetres up to 
 and including 2000 cubic 
 centimetres.

(iii) having an engine capacity from 
 2001 cubic centimetres up to 
 and including 3000 cubic 
 centimetres

(iv) having an engine capacity of 
 over 3000 cubic centimetres	

$55 plus $23 per 5 cwt. 

$72 plus $28 per 5 cwt. 

$80 plus $32 per 5 cwt. 

$80 + $35 (per 5cwt or part thereof) 

$6.00 

. $175.00 

$195.00 

. $240.00 

. $260.00 
	
(e) Private motor vehicles (other than motor cycles and rental vehicles): 
	
(i) having an engine capacity of up to 
 and including 1500 cubic centimetres

(ii) having an engine capacity from 
 1501 cubic centimetres up to 
 and including 2000 cubic 
 centimetres

(iii) having an engine capacity from 
 2001 cubic centimetres up to 
 and including 3000 cubic 
 centimetres

(iv) having an engine capacity of 
 over 3000 cubic centimetres

(f) Motor cycle (with or without side car).

(g) Dealer’s licence issued pursuant to section 19. 
	. $175.00 

. $195.00 

. $240.00 

. $260.00 

$70.00 

$240.00	
Where any licence mentioned in Item 1 (f) is issued for a number of months less than 12, the licence fee shall be the proportion of the appropriate fee above which the number of months covered by the licence bears to 12 months. 
 	
2. Driving Licence: 	
(a) On issue of driving licence pursuant 
 to section 29.
	$40.00 
	
(b) On renewal of driving licence for 
 1 year pursuant to section 32
	. $40.00 
	
(c) On endorsement of an international 
 driving licence pursuant to section 27
	$12.00 
	
(d) For practical driving test pursuant 
 to section 30
	. $20.00 
	
3. Vehicle licence on first registration issued  pursuant to section13
	. $80.00 
	
4. Transfer of vehicle licence pursuant 
 to section 17.
	$80.00 
	
5. Duplicate vehicle licence liable under 
 section 12	. $20.00 
	
6. Road service licences - 

(a) Application under section 59 in respect 
 of one route for a road service - 
Heavy Public Service Vehicle:
Light Public Service Vehicle:

(b) Road service licence issued pursuant 
 to section 60 for each 6 monthly period –
Heavy Public Service Vehicle:
Light Public Service Vehicle:

(c) Application fee under section 66 
 for transfer of road service licence.

(d) Application fee under section 68 
 for temporary road service licence 
 for every day for which the licence 
 is applied for.

(e) Application fee for variation of 
 road service licence

(f) Rental fees for public stands, bus 
 stops parking places for every 
 vehicle under Section 73

$150.00 
$120.00 

$150.00 
$120.00 

$50.00 

$40.00 

$40.00

$25.00 
	
7. Learner’s permit issued pursuant to 
 section 28

8. Duplicate driving licence issued 
 pursuant to section 32

9. New driving licence without 
 endorsement issued pursuant to section 35

10. Registration plates issued pursuant 
 to section 13 for motor cycles, other 
 motor vehicles or trailer.

11. For the issue of an international driving 
 licence	
$50.00 

. $30.00 

. $40.00 

$120.00 

$40.00 

11. Arms Ordinance 1960 - The First Schedule to the Arms Ordinance is repealed and replaced with the following: 
 
"First Schedule
Sections 7(3), 9(2), 12(2) 
 
Fees for Permits, Licences and Certificates etc

On the issue to any person other than a 
dealer of a permit to bring a firearm 
and ammunition therefor into Samoa for 
each importation	

$50.00
	
On the issue of a permit to a dealer to 
bring firearms and ammunition into 
Samoa for multiple imports for each 
year or part of a year	

$200.00 
	
On the issue of a dealer’s licence under 
section 3 of the Ordinance - in respect 
of both firearms and ammunition for 
each year or part of a year

$200.00 	
In respect of ammunition only (for each 
year or part of a year)
	
$50.00 	
On the issue of a certificate of 
registration (for each year or part of 
a year)

$20.00 	
On the renewal for one year of a 
certificate of registration

$20.00 	
On the issue of a permit for possession 
under section 7 of the Ordinance for 
each such permit

$20.00 	
On the issue of a new certificate of 
registration on the destruction, defacement, 
or loss of a certificate

$10.00 	
On the issue of a licence to retain an 
unlawful weapon	
$20.00" 	

12. Gaming Act 1978 - The Gaming Act 1978 is amended by inserting section 27 as follows: 

"27 Fees for Lottery and Bingo Permits-(1) The fee for a lottery or bingo permit issued under this Act shall be $200 per annum.

(2) The fee payable under this section shall be paid before the lottery or bingo is conducted or played. 

(3) Notwithstanding sub-section (1), fees for particular lotteries or bingo operations may be prescribed by Regulation under this Act and such fees shall be paid in substitution of the fee payable under subsection (1)". 

13. Police Offences Ordinance 1961 - Section 18(3) of the Police Offences Ordinance 1961 is amended by deleting the figure "$10" and replacing it with the figure "$50". 

14. Customs Act 1977 - The Customs Act 1977 is amended as follows - 

(a) By deleting the Second Schedule andreplacing it with the following:
 
"Second Schedule
Section 87 
Part I
 
Annual licence fees for warehouses licensed for the warehousing of dutiable goods other than oils in vessels capable of containing 100 gallons or more: 
 
CUBIC CONTENTS OF WAREHOUSE 	ANNUAL FEE 	
Less than 200 tons	$1000 	
more than 200 tons and less 
than 300 tons	
$1250 	
more than 300 tons and less 
than 400 tons	
$1500 	
more than 400 tons and less 
than 500 tons	$1750 
	
more than 500 tons and less 
than 600 tons	$2000 
	
more than 600 tons and less 
than 700 tons	$2250 
	
more than 700 tons and less 
than 800 tons	$2500 
	
more than 800 tons and less 
than 900 tons	$2750 
	
more than 900 tons and less 
than 1000 tons	$3000 
	
more than 1000 tons	$3250 

PART II
 
Annual licence fees for warehouses licensed for the warehousing of oils in vessels capable of containing 100 gallons or more:
 
CUBIC CONTENTS OF WAREHOUSE 	ANNUAL  FEE 	
Less than 200 tons	$1000 
	
more than 200 tons and less 
than 300 tons
	$1250 
	
more than 300 tons and less 
than 400 tons
	$1500 
	
more than 400 tons and less 
than 500 tons
	$1750 
	
more than 500 tons and less 
than 600 tons
	$2000 
	
more than 600 tons and less 
than 700 tons
	$2250 
	
more than 700 tons and less 
than 800 tons
	$2500 
	
more than 800 tons and less 
than 900 tons
	$2750 
	
more than 900 tons and less 
than 1000 tons
	$3000 
	
more than 1000 tons
	$3250 

1. When any warehouse requires the entire services of an officer or officers of Customs, the annual licence fee for that warehouse shall, in lieu of the above amounts, be $1000 for each officer so required, and all questions as to the number of officers required and the time for which their services are required shall be determined from time to time by the Comptroller, whose determination shall be final.

2. When any warehouse is used for the storage of goods during a portion only of the year, of the services of an officer of Customs are required at what warehouse during a portion only of the year, the Comptroller may remit or refund a proportionate part of the licence fee otherwise payable, calculated in respect of the period during which the warehouse is not used or the services of that officer are not required"; and 
(b) By deleting from section 87(2) (b) the amount "$900" and replacing it with "$1000"; 
(c) By adding paragraph (i) to section 279 as follows: 
 
 " (i) prescribing fees to be paid in respect of the exercise of any power or function under this Act or consistent with this Act, including  application fees applicable to requests made for the exercise of any such power or functions". 
 
15. Lands and Titles Investigation Act 1966 - The Schedule to the Land and Titles Investigation Act 1966 is repealed and replaced by the following: 
 
"SCHEDULE
Section 25 
 
Item 	Transaction  	 Amount of fee 	
1	Giving notice of claim to  Secretary (to cover the cost 
 of public notice)
	$100.00 
	
2	Hearing before Commission  (to cover sealed copy of 
 Commission’s order for  each party)	$15.00 
	
3	Each additional copy of order	$5.00 
	
4	Giving notice of objection 
 to Secretary	$50.00 

REVISION NOTES 2008
 
This law has been reviewed in accordance with the powers provided for in section 5 of the Revision and Publication of Laws Act 2008. Some minor amendments of a non-substantive nature have been made to conform to modern drafting styles. 
 
No amendments have been made to this law since its enactment. 

Revised and consolidated under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel). 

REVISION NOTES 2008 No. 2

This law has been generally edited as provided for by section 5of the Revision and Publication of Laws Act 2008. The commencement date (being the assent date), is inserted after the date of assent after the long title of the Act.

Revised and consolidated under the supervision of Teleiai.Lalotoa S
Mulitalo (Parliamentary Counsel)

The Miscellaneous Fees Amendment Act 1998 is
administered in the Ministry of Finance.