|
|
Home
| Databases
| WorldLII
| Search
| Feedback
Tuvalu Sessional Legislation |
LAWS OF TUVALU
LAW REVISION (MISCELLANEOUS AMENDMENTS) ACT 2009
Act No. 4 of 2009
AN ACT TO MAKE MISCELLANEOUS AMENDMENTS TO VARIOUS LAWS.
ENACTED BY THE PARLIAMENT OF TUVALU
3rd July, 2010
Commencement [6th July, 2010]
1 Short title
This Act may be cited as the Law Revision (Miscellaneous Amendments) Act 2009.
2 Island Courts Act amended
The Island Courts Act is amended as follows —
(a) in clause 1(b) of Schedule 1, repeal "$60" and replace it with "$250";
(b) in section 6(1)(b), repeal "$100" and replace it with "$250";
(c) in Schedule 2, repeal "$100" and replace it with "$250";
(d) in section 28(b) repeal "$10" and replace it with "$100".
3 Provident Fund (Benefit) Regulations amended
The Provident Fund (Benefit) Regulations are amended by repealing regulation 14B and replacing it with —
"14B Benefit as security
The benefit standing to the credit of a member may be used as security for a loan by the National Bank of Tuvalu or the Development Bank of Tuvalu.".
4 Commencements confirmed
For the avoidance of doubt, the Acts and subsidiary legislation specified in Column 1 of Schedule 1 to this Act, are deemed to have come into force (commence to operate) on the respective date specified in Column 2 of Schedule 1.
5 Penalties and other monetary amounts amended
In the provision of the law specified in Column 1 of Schedule 2, the existing amount specified in column 2 is replaced with the new amount specified in column 3.
6 Penal Code amended
(1) Section 30(1) of the Penal Code is repealed and replaced with the following –
"30 Imprisonment in default of payment
(1) The term of imprisonment to which a person may be sentenced by a court in default of payment of a fine shall be such term as in the opinion of the court will satisfy the justice of the case but shall not exceed the maximum fixed by the following scale —
| Amount | Maximum Period |
| Not exceeding $20 | 14 days |
| Exceeding $20 but not exceeding $100 | 1 month |
| Exceeding $100 | 3 months" |
(2) Section 61 of the Penal Code is repealed.
(3) Section 148(2) of the Penal Code is repealed.
(4) In section 158(1) of the Penal Code, the word "native" is repealed and replaced with the word "person".
7 Island Courts Regulations
The Island Courts Regulations are amended, —
(a) in regulation 33(1) by, after the word "post," the insertion of the words "fax or email" and by the repeal of the words "or by telegraph";
(b) in Schedule 2, by repealing the scale of Fees and replacing it with the following –
"PART I - CRIMINAL
| Action | $ | c |
| For putting into writing any charge when the person laying the charge is not a police officer | 10 | 00 |
| For issuing any summons or warrant to apprehend in any proceedings in which the person laying the charge is not a police office | 5 | 00 |
| For taking any recognisance | 5 | 00 |
PART II - CIVIL
| Action | $ | c |
| 1. For filing any writ of summons and issuing a copy thereof for service where the value of the property, debt or damage claimed —
| ||
| (i) does not exceed $100 | 10 | 00 |
| (ii) exceeds $100 but does not exceed $250 | 20 | 0 |
| For issuing any summons to any witness | 5 | 00 |
| Forbearing any civil suit, per hour or part of an hour | | 50 |
| For receiving notice of any civil appeal and making up any record (in addition to security provided for in regulation 45) | 15 | 00 |
| 2. In addition to No. 1, where service is to be effected on any person more than two miles from the nearest Court House and where
that journey is to be performed by land, a fee of 50 cents per mile with a minimum fee of 50 cents. The amount of the fee payable
under this item is to be calculated without reference to the return journey. | ||
| 3. In addition to Nos. 1 and 2, reasonable travelling expenses actually incurred by the officer effecting service. Where an officer
is engaged on more than one service the Court may order that the sum payable under this item be apportioned. | ||
| 4. Seizure | 40 | 00 |
| 5. For every arrest in a civil case | 20 | 00 |
| 6. In conveying to prison from place of arrest a fee not exceeding 30 cents per day with reasonable travelling expenses actually incurred.
| ||
| 7: For executing process of attachment or committal | 40 | 00 |
| 8. For any duty not herein provided for | Such sum as the court may allow" |
8 Mental Treatment Act amended
In the Schedules to the Mental Treatment Act, wherever it appears the expression "(an idiot)", is repealed.
9 Public Finance Act amended
In section 13(2) of the Public Finance Act, the expression "$500,000" is repealed and replaced with "$750,000".
SCHEDULE
SCHEDULE 1 - COMMENCEMENTS
| COLUMN 1 – ACTS and SUBSIDIARY | COLUMN 2 – COMMENCEMENT DATE |
| Provident Fund (Amendment) Act, 1999 (Act 5/1999) | 1st January 2000 |
| Provident Fund (Amendment) Act, 2003 (Act 3/2003) | 1st January 2004 |
| Statutory Corporations Reform Act 1995 (Act 2 of 1996) | 15th April 1996 |
| Tuvalu Electricity Corporation (Amendment) Act, 1991 (Act 4/1991) | 1st June 1991 |
| Local Offices (Miscellaneous Amendments) Act 1996 (Act 4/1996) | 30th August 1996 |
| Provident Fund (Benefit) (Amendment) Regulations, 2002 (LN 8/2002) | 3rd July 2002 |
| | |
SCHEDULE 2 – PENALTIES AND OTHER MONETARY AMOUNTS
| PROVISION | EXISTING AMOUNT | NEW AMOUNT |
| Dogs Act, section 5 | $10 | $100 |
| Crown Acquisition of Lands Act, section 16 | $50 | $200 |
| Foreshore and Land Reclamation Act, section 3(4) | $250 | $1,000 |
| Death and Fire Inquiries Act, section 12 | $10 | $100 |
| Enforcement of Judgments (Payments from Wages) Act, section 3(1) section 5(3) section 10 | $5 $50 $100 | $20 $200 $200 |
| Petroleum Act, section3(2) section 5(2) section 15 | $100 $400 $50 | $300 $1,000 $500 |
| Kaupule (Elections) Regulations, reg. 45 reg 51 reg 54 reg 55 | $50 $50 $50 $40 | $200 $200 $200 $200 |
| Dangerous Drugs Act, section 39(2)(a) | $2,000 | $4,000 |
| section 169 section 170 section 172 section 174 section 236 section 262 section 270 section 275 section 275 section 275 section 368 | $10 $20 $50 $40 $200 $10 $10 $.10 cents $2 $10 $1,000 | $100 $200 $400 $200 $1,000 $100 $100 $20 $50 $100 $10,000 |
PacLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.paclii.org/tv/legis/num_act/lraa2009390