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Vanuatu Consolidated Legislation |
THE
REPUBLIC OF
VANUATU
REVISED
EDITION 1988
CHAPTER
132
INTERPRETATION
Act
9 of 1981ARRANGEMENT OF SECTIONS
SECTION
PART
I
Preliminary
1.
Application
PART
II
Meaning of
Certain Expressions and References
2. Interpretation of words
and expressions
3. Grammatical
variations
4. References to holder of
office
5. Service by
post
6. References to the
President
7. References to "the
Minister" and the "Treasury"
PART
III
Acts of
Parliament and Statutory Orders
8. General principles of
interpretation
9. Acts subordinate to
Constitution
10. Reference to Acts and
orders
11. Effect of
repeal
12. Definition of statutory
orders
13. Publication of statutory
orders
14. Commencement of statutory
orders
15. General provisions relating
to statutory orders
16. Publication of
orders, etc. made under the
Constitution
17. Authentic
version
PART
IV
Powers and
Duties
18. Exercise of power
between publication and commencement of
Acts
19. Time for exercise of
powers
20. Implied
power
21. Power to appoint includes
power to remove
22. Power to appoint
member of board etc. temporarily
23.
Power to appoint chairman etc.
24.
Power to appoint members includes power to appoint alternates or temporary
members
25. Appointment by name or
office
26. Power to appoint persons to
act in offices
27. Power of
majority
28. Powers of certain bodies
not affected by vacancy etc.
29.
Exercise of powers in special
circumstances
30. Exercise of
Ministers power
PART
V
Distance and
Time
31.
Distance
32.
Time
33. Computation of time
etc.
PART
VI
Miscellaneous
34. Warrants etc. valid at
any day
or
time
35. Disposal of
forfeits
36. Penalties prescribed,
stated or implied in Acts of
Parliament
37. Forms not void for
insubstantial defects
38.
Fees
39. Change in designation of
public office
40. Person to cease to
hold office when disqualified or no longer
qualified
41. Ex-officio proceedings
not to abate on death etc.
42. Act
binding on
Government
SCHEDULE-Interpretation
of Words and Expressions
-------------------------------------------------------
INTERPRETATION
To
provide for the interpretation and construction of Acts of Parliament,
subsidiary legislation, other laws and documents.
PART
I
PRELIMINARY
APPLICATION
1.
(1) Subject to the provisions of this section, this Act shall apply for the
construction and interpretation of-
(a) Acts of Parliament and statutory orders including this Act and Acts enacted before the commencement of this Act;
(b) for the construction and interpretation of orders or by-laws made by bodies or persons empowered by Parliament to make orders or by-laws;
(c) for the construction and interpretation of documents and writings purporting to give rights or impose obligations on any person; and
(d) in all other cases where its provisions are relevant and capable of being applied.
(2)
Where-
(a) it is expressly provided that the Act or any of its provisions shall not apply; or
(b) there is something in the subject or context inconsistent with the application of this Act or any provision hereof, this Act or the provision as the case may be shall not apply.
PART
II
MEANING OF
CERTAIN EXPRESSIONS AND REFERENCES
INTERPRETATION
OF WORDS AND
EXPRESSIONS
2.The
words and expressions in the Schedule shall have the meanings given to
them.
GRAMMATICAL
VARIATIONS
3.
(1) Where any word or expression is defined in an Act of Parliament, the
definition shall extend to the grammatical variations of
the word or
expression.
(2) Words and
expressions importing the masculine gender shall include the feminine and vice
versa.
(3) Words and expressions
in the singular, shall include the plural and vice
versa.
REFERENCES
TO HOLDER OF
OFFICE
4.
A reference to the holder of an office by the terms designating his office shall
be construed as meaning the person for the time
being lawfully holding; acting
in or performing the functions of that
office.
SERVICE
BY POST
5. Where any Act of Parliament authorises or requires any document to be served, given or sent by post, the service shall be considered effected by properly addressing, prepaying and posting by registered post the document to the last known postal address of the person on or to whom the document is to be served, given or sent and, unless the contrary is proved, shall be considered to have been effected at the time at which the document would be delivered in the ordinary course of the post.
REFERENCES
TO THE
PRESIDENT
6.
A reference to the President (however expressed) shall be construed as a
reference to the President of the Republic for the time
being.
REFERENCES
TO "THE MINISTER" AND THE "TREASURY"
7.
(1) A reference to "the Minister" shall be construed as a reference to the
Minister for the time being responsible for the matter
in connection with which
the reference is made.
(2) A
reference to "the Treasury" shall be construed as a reference to the Minister
for the time being responsible for finance and
any public officer deputed by him
to exercise powers or perform functions or duties in relation to the matter in
connection with
which the reference is made.
PART
III
ACT OF
PARLIAMENT AND STATUTORY ORDERS
GENERAL
PRINCIPLES OF INTERPRETATION
8.
An Act shall be considered to be remedial and shall receive such fair and
liberal construction and interpretation as will best ensure
the attainment of
the object of the Act according to its true intent, meaning and
spirit.
ACTS
SUBORDINATE TO THE CONSTITUTION
9.
(1) Every Act shall be read and construed subject to the Constitution and where
any provision of an Act conflicts with a provision
of the Constitution the
latter provision shall
prevail.
(2) Where a provision in
an Act conflicts with a provision in the Constitution the Act shall nevertheless
be valid to the extent that
it is not in conflict with the
Constitution.
REFERENCE
TO ACTS AND
ORDERS
10.
(1) A general reference to Acts of Parliament shall be construed as
including-
(a) a general reference to any Joint Regulation or any of those Joint Regulations included in a revised edition of the laws of Vanuatu and redesignated as an Act when so included; and
(b) except in Part III of this Act and the Acts of Parliament Act, Cap. 116, a general reference to statutory orders.
(2)
A general reference to statutory orders shall be construed as including a
general reference to any proclamations, rules, regulations,
by-laws, orders or
other instruments having legislative effect which were made before the
commencement of this Act and also any of
them included in a revised edition of
the laws of Vanuatu and redesignated as statutory orders when so
included.
(3) A reference to a
particular Act of Parliament shall be construed as including a reference to that
Act as amended from time to
time and to any statutory orders made
thereunder.
(4) A reference to a
particular statutory order shall be construed as including a reference to that
order as amended from time to
time.
(5) In this section the expression "general reference" used in relation to Acts of Parliament and statutory orders means any reference to Acts of Parliament or statutory orders (either in the singular or the plural and however expressed) except a reference to a particular Act or order or to particular Acts or orders.
EFFECT
OF
REPEAL
11.
(1) Where any Act of Parliament repeals any Act, the repeal shall
not-
(a) revive anything not in force or existing at the time at which the repeal takes effect; or
(b) affect the previous operation of the enactment so repealed or anything duly done or suffered under it; or
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed;
(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment, and any such investigation, legal proceeding or remedy may be continued or enforced, and any such penalty forfeiture or punishment may be imposed, as if the repealing Act had not been passed.
(2)
Upon the expiry of an Act of Parliament this section shall apply as if the Act
had been repealed.
(3)
Where an Act of Parliament that has been amended by another Act is repealed the
repeal shall include all the provisions in the
other Act that amended the
repealed Act.
DEFINITION
OF STATUTORY ORDERS
12. Where an Act of Parliament confers on the President, a Minister or any other authority a power to make or a power exercisable by making proclamations, rules, regulations, by-laws, orders or statutory orders, any document by which that power is exercised shall be known as a statutory order and the provisions of this Act shall apply thereto accordingly.
PUBLICATION
OF STATUTORY
ORDERS
13.
Every statutory order shall be published in the
Gazette
and shall be judicially
noticed.
COMMENCEMENT
OF STATUTORY
ORDERS
14.
(1) Subject to the provisions of this section-
(a) the commencement of a statutory order shall be such date as is provided in or under the order or where no date is so provided the date of its publication as notified in the Gazette;
(b) every statutory order shall come into force immediately on the expiration of the day next preceding its commencement.
(2)
A statutory order may be made to operate retrospectively to any date that is not
earlier than the commencement of the Act under
which the order is made except
that no person shall be made or shall become liable to any penalty in respect of
any act committed
or the failure to anything before the date on which such order
was published in the
Gazette.
(3)
A statutory order made and published on the date of commencement of the Act
under which the order is made shall come into force
simultaneously with that Act
unless the order gives a later date or time of
commencement.
(4) Reference in
this section to the commencement of the Act under which a statutory order is
made shall, where different provisions
of
that Act come into force on different
dates, be construed as reference to the commencement of the particular provision
under which
the instrument is made.
(5) The provisions of this
section shall be without prejudice to the operation of section
18.
GENERAL
PROVISIONS RELATING TO STATUTORY ORDERS
15. (1) Any reference in a statutory order to "the Act" shall be construed as a reference to the Act under which the order is made.
(2) Unless otherwise provided
terms and expressions used in a statutory order shall have the same meaning as
in the Act under which
the order is
made.
(3) A statutory order may at
any time be amended by the authority by which it was made, or by any other
authority lawfully replacing
that authority.
(4)
Any provision of a statutory order which is inconsistent with any provision of
any Act of Parliament (including the Act under
which the order was made) shall
be void to the extent of the
inconsistency.
(5) Unless the
enabling Act otherwise provides a statutory order may provide in respect of any
contravention thereof that the offender
shall be liable to a fine
not
exceeding VT20,000 or to a term of
imprisonment not exceeding 1 year or to both such fine and
imprisonment.
(6)
An act done under
or by virtue of or in pursuance of a
statutory order shall be deemed to be done under or by virtue of or in pursuance
of the Act conferring
power to make the
order.
(7) Every statutory order
shall be considered to be made under all powers thereunto enabling, whether or
not it purports to be made
in exercise of a particular power or particular
powers.
(8) Section 11 of this Act
shall apply on the revocation of a statutory order as it applies on the repeal
of an Act of
Parliament.
PUBLICATION
OF ORDERS, ETC. MADE UNDER CONSTITUTION
16. (1) All Constitutional Orders shall be published in the Gazette and shall be judicially noticed.
(2)
In this section "Constitutional Orders" means any orders or declarations made in
exercise of a power conferred by the Constitution
on the President, the Council
of Ministers or any other person or body except a court.
AUTHENTIC
VERSION
17.
(1) In construing an enactment, all its versions in the official languages of
Vanuatu shall be equally authentic.
(2)
Where there is a difference between two or more versions of an enactment,
preference in construing such enactment shall be given
to the version which,
according to the true spirit, intent and meaning of the enactment, best ensures
the attainment of its objects.
(3) In this
section-
"enactment" means any provision in an Act of Parliament or in any order, rule, regulation, notice, proclamation or other instrument made or issued under the authority of any Act of Parliament;
"version'' means a version published by, or under the authority of, the Government or any public authority of Vanuatu.
PART
IV
POWERS AND
DUTIES
EXERCISE
OF POWER BETWEEN PUBLICATION AND COMMENCEMENT OF ACTS
18. Where by an Act of Parliament which is not to come into force immediately on the publication thereof there is conferred-
(a) a power to make or a power exercisable by making statutory orders;
(b) a power to make appointments; or
(c) a power to do any other thing for the purposes of the Act;
such
power may be exercised at any time, on or after the date of publication of the
Act but no order, appointment or thing made or
done under such power shall have
effect until the commencement of the Act unless it is necessary to bring the Act
into operation.
TIME
FOR EXERCISE OF POWERS
19.
Where an Act of Parliament confers any power or imposes any duty, the power may
be exercised and the duty shall be performed from
time to time as occasion
requires.
IMPLIED
POWER
20. Where an Act of Parliament confers a power on any person to do or enforce the doing of any act or thing all such powers shall be understood to be also given as are reasonably necessary to enable the person to do or enforce the doing of the act or thing.
POWER
TO APPOINT INCLUDES POWER TO REMOVE
21. Where an Act of Parliament confers power on any authority to make any appointment that authority shall also have power (subject to any limitations or qualifications which affect the power of appointment) to remove, suspend, reappoint or reinstate any person appointed in the exercise of the power.
POWER
TO APPOINT MEMBER OF BOARD ETC. TEMPORARILY
22.
Where by an Act of Parliament a power is conferred on any authority to appoint
any person to be a member of any board, commission,
committee or similar body,
that authority may, if during any period owing to absence or inability to act
from illness or any other
cause any member so appointed is unable to act as such
appoint some other person to act temporarily for such member during the period
of absence or inability.
POWER
TO APPOINT CHAIRMAN ETC.
23.
Where by an Act of Parliament a power is conferred on any authority to appoint
the members of any board, commission, committee or
similar body, that authority
may appoint a chairman and a secretary of such board, commission, committee or
similar body.
POWER
TO APPOINT MEMBERS INCLUDES POWER TO APPOINT ALTERNATES OR TEMPORARY
MEMBERS
24.
Where any board, tribunal, commission, committee or similar body is established
by
or under any Act, any person who is
empowered by such Act to appoint any or all of the members thereof
may-
(a) appoint one or more duly qualified persons to be alternate members of the same, and any one such alternate member may attend any meeting of the same when a substantive member is temporarily unable to attend for any reason;
(b) appoint a duly qualified person to be a temporary member of the same in the place of any substantive member who is precluded by illness, absence from Vanuatu or any other cause from exercising his functions as such,
and
when attending any meeting of such board, tribunal, commission, committee or
similar body such alternate or temporary member shall
be considered for all
purposes to be a member of the same.
APPOINTMENT
BY NAME OR
OFFICE
25.
Where by an Act of Parliament any authority is empowered to appoint a
person-
(a) to exercise any power or perform any duty;
(b) to be a member of any board, commission, committee or similar body; or
(c) to be or to do any other thing,
that
authority may make the appointment either by appointing a person by name or by
appointing the holder of an office by the term
designating his office and any
such appointment of the holder of an office shall be construed as the
appointment of the person for
the time being lawfully holding, acting in or
forming the functions of that
office.
POWER
TO APPOINT PERSONS TO ACT IN
OFFICES
26.
(1) Where an Act of Parliament confers power to make an appointment to an office
and in respect of that office-
(a) there is a vacancy; or
(b) the holder of the office is suspended; or
(c) the holder of the office is-
(i) on leave of absence;
(ii) absent from the country;
(iii) out of speedy and effective communication;
(iv) otherwise unable to perform or is not readily available to perform the duties of his office,
the power to appoint
includes power, subject to subsection (2) to appoint another person to act in
that office.
(2) The power
provided for by subsection (1) is exercisable only subject to any conditions to
which the exercise of the original power
was or would be
subject.
(3) An acting appointment
may be made in anticipation of all or any of the circumstances specified in
subsection (1) and, unless it
expires or is revoked the acting appointment shall
continue to operate from time to time in accordance with its
terms.
(4) In subsection (1)
"office" includes
position.
POWER
OF MAJORITY
27.
Where by an Act of Parliament any act or thing may or is required to be done by
more than two persons a majority of them may do it.
POWERS
OF CERTAIN BODIES NOT AFFECTED BY VACANCY
ETC.
28.
(1) Any body to which this section applies may act notwithstanding any vacancy
in its
membership and its proceedings
shall not be invalidated by-
(a) the presence or participation of any person not entitled to be present there at or to participate therein; or
(b) any minor irregularity in the convening or conduct of any meeting.
(2)
The bodies to which this section applies are-
(a) a local government council and any committee of such council;
(b) a municipal council, area, village or similar council established under the law for the time being in force and any committee of any such council;
(c) any board, commission or similar body (whether corporate or unincorporate) established by an Act of Parliament.
(3)
This section shall be considered always to have been in force:
(a) in respect of the bodies to which it applies; and
(b) in the case of a body mentioned in paragraph (a) and (b) of subsection (2) in respect of any council or committee thereof established in the area where that body is established before that body came into existence.
EXERCISE
OF POWERS IN SPECIAL
CIRCUMSTANCES
29.
Where any Act of Parliament confers any
power or imposes any duty upon the holder of any public office and
either-
(a) that office has been abolished; or
(b) no person has been appointed to discharge the functions of that office; those powers and duties may be exercised or performed:
(i) in the case of making subsidiary legislation, by the Prime Minister; and
(ii) in any other case, by the holder of such other public office as the President may by order direct.
EXERCISE
OF MINISTERS
POWER
30.
Where a power is conferred on a Minister by an Act of Parliament-
(a) the exercise of the power may be signified under the hand of any Minister; and
(b) the Minister who signifies the exercise of the power should be deemed to be the Minister for the time being authorised to exercise it.
PART
V
DISTANCE AND
TIME
DISTANCE
31.
Any distance to be measured for the purposes of an Act of Parliament shall be
measured in a straight line on a horizontal plane.
TIME
32. Where any expression of time occurs in an Act of Parliament the time referred to shall signify the standard time of Vanuatu which, unless the President prescribes otherwise by statutory order, shall be 11 hours in advance of Greenwich Mean Time.
COMPUTATION
OF TIME
ETC.
33.(1)
In computing time for the purpose of an Act of Parliament-
(a) a period of days from the happening of an event or the doing of any act or thing shall be exclusive of the day in which the event happens or the act or thing is done;
(b) if the last day of a period is a Sunday or a public holiday (which days are in this section referred to as excluded days) the period shall include the next following day, not being an excluded day;
(c) where any act or proceeding is directed or allowed to be done or taken on a certain day, then, if that day happens to be an excluded day, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next following day that is not an excluded day;
(d) where any act or proceeding is directed or allowed to be done or taken within anytime not exceeding 6 days, excluded days shall not be reckoned in the computation of time.
(2) Where no time is prescribed or allowed within which anything shall be done, such thing shall be done without unreasonable delay and as often as due occasion arises.
(3) Where by an Act of Parliament a time is prescribed for doing any act or taking any proceeding and power is given to a court, or other authority to extend such time, such power may be exercised by the court or other authority although the application for the exercise thereof is not made until after the expiration of the time prescribed.
PART
VI
MISCELLANEOUS
WARRANTS
ETC. VALID AT ANY DAY OR TIME
34.
Any summons, notice,
warrant
or other process may be issued, served or
executed and any arrest, search or seizure may be carried out or made on any
day, whether
a public holiday or not, and at any hour of the day or
night.
DISPOSAL
OF FORFEITS
35.
(1) Where under any
Act
of Parliament any animal or anything is
adjudged by any court or other authority to be forfeited it shall be forfeited
to the Republic
and the net proceeds thereof, if it is ordered by a competent
authority to be sold, shall be paid into the Revenue
Fund.
(2) Nothing in this section
shall affect any provisions in any Act whereby any portion of any fine or
forfeit or of the proceeds of
any forfeit is expressed to be recoverable by any
person or may be granted by any authority to any person.
(3) Any fine or pecuniary
penalty imposed under an Act of Parliament shall be paid into the Revenue
Fund.
PENALTIES
PRESCRIBED, STATED OR IMPLIED IN ACTS OF PARLIAMENT
36.
(1) Where in an Act of Parliament, a penalty is prescribed for an offence
against that Act such penalty shall, unless the contrary
intention appears, be
the maximum penalty.
(2) Where in
an Act of Parliament a penalty is stated at the end of a section or subsection
creating an offence without further words
that shall be the prescribed penalty
and where both a fine and term of imprisonment are stated they shall in the
discretion of the
court be alternative or cumulative penalties and the term of
imprisonment may be imposed in default of payment of the
fine.
(3) Where an Act of
Parliament omits to prescribe a penalty for an offence created by the Act or for
a contravention of a provision
of the Act the penalty shall be a fine of VT5,000
or imprisonment for 1 year or both.
FORMS
NOT VOID FOR INSUBSTANTIAL DEFECTS
37. Where any form is prescribed by an Act of Parliament a document which purports to be in such form shall not be void by reason of any deviation therefrom which does not affect the required substance of such document or which is not calculated to mislead.
FEES
38.
(1) Where an Act of Parliament confers power on any person to prescribe fees or
charges, the order prescribing such fees or charges
may provide for all or any
of the following matters-
(a) the imposition either generally or under specific circumstances of-
(i) specific fees or charges; or
(ii) maximum or minimum (or maximum and minimum) fees or charges; or
(iii) no fee or charge;
(b) the reduction, waiver or refund (in whole or in part) of any such fees or charges, either upon the happening of a certain event or in the discretion of a specified person.
(2) Where any reduction, waiver or refund (in whole or in part) of any fee or charge is provided for, such reduction, waiver or refund may be expressed to apply or be applicable either generally or specifically-
(a) in respect of certain matters or transactions or classes of matters or transactions;
(b) in respect of certain documents or classes of documents;
(c) when any event happens or ceases to happen;
(d) in respect of certain persons or classes of persons; or
(e) in respect of any combination of such matters, transactions, documents, events or persons,
and
may be expressed to apply or be applicable subject to such conditions as may be
specified in the instrument or in the discretion
of any person specified
therein.
(3) Fees and charges
imposed by an Act of Parliament shall when collected be paid into the Revenue
Fund.
CHANGE IN
DESIGNATION OF PUBLIC OFFICE
39. If the Minister is satisfied that a change in the designation of a public office has been or is about to be made, he may by statutory order declare the new designation and appoint a day on which the change shall take effect and from the day so appointed any reference to the former designation shall be construed as a reference to the designation declared in the order.
PERSON
TO CEASE TO HOLD OFFICE WHEN DISQUALIFIED OR NO
LONGER
QUALIFIED
40. Where a person holds an office and circumstances arise such that if he were not holding that office he would either be disqualified from being appointed to it or not qualified to be appointed to it he shall cease to hold that office.
EX-OFFICIO
PROCEEDINGS NOT TO ABATE ON DEATH ETC.
41. Any civil or criminal proceedings taken by or against any person in virtue of his office shall not be discontinued or abated by his death, resignation, absence or removal from office, but may be carried on by or against, as the case may be, the person for the time being lawfully holding, acting in or performing the functions of that office.
ACT
BINDING ON
GOVERNMENT
42.
This Act shall bind the Government.
SCHEDULE
(Section 2)
Interpretation of Words and Expressions
"Act" and "Act of Parliament" used with reference to legislation means a law made by Parliament;
"act" used with reference to an offence or civil wrong includes a series of acts; and words which refer to acts done shall extend to illegal omissions;
"adult" means a person who has attained the age of 18 years;
"administrative officer" means a District Commissioner, an assistant District Commissioner and any public officer or class of public officer declared by the Prime Minister by statutory order to be an administrative officer or administrative officers;
"aircraft" includes every description of craft used in aerial navigation;
"amend" includes repeal, revoke, rescind, cancel, replace, add to or vary and the doing of any two or more of such things simultaneously in the same written law;
"Attorney General" means the Attorney-General of Vanuatu;
"Auditor General" means the Auditor-General of Vanuatu;
"Cabinet" means the Council of Ministers established by the Constitution;
"calendar year" means a period of 12 months ending on the last day of a month;
"Chief Justice" means the Chief Justice of the Supreme Court of Vanuatu;
"citizen" means a citizen of Vanuatu;
"coin" means any coin legally current in Vanuatu;
"commencement" used with reference to an Act of Parliament means the date on which the Act comes into operation;
"Constitution" means the Constitution of Vanuatu;
"contravene" in relation to any requirement or condition prescribed in any Act of Parliament or in any grant, permit, leave, licence or authority granted by or under any Act includes a failure to comply with that requirement or condition;
"court'' means a court of competent jurisdiction in Vanuatu whether provided for under the Constitution or any law;
"Court of Appeal" means the Court of Appeal of Vanuatu established by Parliament in accordance with the Constitution;
"custom" means the customs and traditional practices of the indigenous peoples of Vanuatu;
"Deputy Speaker" means the Deputy Speaker of Parliament;
"district" means an administrative district of Vanuatu;
"document" means any publication and any matter written, expressed or described upon any substance by means of letters, characters, figures or marks, or by more than one of those means;
"export" means take or cause to be taken out of Vanuatu;
"financial year" means the period of 12 months ending on 31 December in any year or such other period of 12 months as the Minister responsible for finance may by order prescribe;
"foreign service officer" means a person holding or acting in an office in the foreign service of Vanuatu;
"function" includes power, duty and responsibility and vice versa;
"Gazette" means the Vanuatu Gazette, a supplement to the Gazette or a Gazette Extraordinary;
"Gazetted" means published in the Gazette;
"Government" means the Government of the Republic of Vanuatu;
"import" means to bring or cause to be brought into Vanuatu;
"immovable property" means-
(a) land, whether covered by water or not;
(b) any estate, right, interest or easement in or over land; and
(c) things attached to land or permanently fastened to anything attached to land;
"infant" and "minor" means a person who has not attained the age of 18 years;
"Judicial Committee" means a committee consisting of the Chief Justice as chairman, the Attorney-General and a legal practitioner appointed by the Minister responsible for justice;
"land" includes any estate or interest in land, all things growing on land and houses, buildings and land covered by water;
"magistrate" means a magistrate of any grade appointed under the law;
"master" used with reference to a ship means any person (except a pilot or harbour master) having for
the time being control or charge of the ship;
"medical officer" means a medical practitioner in the service of the Government;
"medical practitioner" means a person registered or licensed in Vanuatu as a medical practitioner including a dentist under the law for the time being in force subject, in the case of a person so licensed, to the terms and conditions of his licence;
"Minister" means a Minister of the Government including the Prime Minister and where in any Act
reference is made to "the Minister" it shall mean the Minister for the time being responsible for
matters under that Act or any Minister acting on his behalf;
"Ministry" means a Ministry of the Government;
"month" means a month reckoned according to the Gregorian calendar;
"movable property" means property of every description except immovable property;
"municipality" means a municipality in Vanuatu established by law;
"oath" and "affidavit" in the case of persons for the time being allowed by law to affirm or declare instead of swearing includes affirmation and declaration and "swear" in the like case, includes affirm and declare;
"occupy" in the case of land includes use, inhabit, be in possession of the land or premises to which the word relates otherwise than as a servant or for the care or charge thereof;
"Ombudsman" means the Ombudsman appointed under the Constitution;
"Parliament" means the Parliament of the Republic of Vanuatu;
"person" includes any statutory body, company or association or body of persons corporate or unincorporate;
"police officer" means a member of a police force established by Act of Parliament;
"power" includes any privilege, authority or discretion;
"prescribed" means prescribed by statutory order by or under the Act in which the word occurs;
"President" means the President of the Republic of Vanuatu;
"property'' includes-
(a) money, goods, choses in action and land; and
(b) obligations, easements and every description of estate, interest and profit, present or future, arising out of or incident to property as defined in paragraph (a).
"Public Accounts Committee" means the Committee of that name established by Parliament;
"public holiday" means a day declared to be a public holiday in Vanuatu under the law for the time being in force;
"Public Prosecutor" means the Public Prosecutor of Vanuatu;
"public officer" means a person in the service of the Government whether or not appointed by the Public Service Commission;
"public place" and "public premises" includes any public road and any building, place or conveyance to which, for the time being, the public are entitled or permitted to have access either without any condition or upon condition of making any payment, and any building or place which is for the time being used for any public or religious meetings or assembly or as an open court;
"public road" includes any road, highway, market place, square, street, bridge or other way which is used by the public whether by lawful right or by usage;
"Public Solicitor" means the Public Solicitor appointed under the Constitution;
"publication" means-
(a) all written and printed matter;
(b) any record, tape, wire; perforated roll, cinematograph film or other contrivance by means of which any words or ideas may be mechanically, electronically or electrically produced, reproduced, represented or conveyed;
(c) anything whether of a similar nature to the foregoing or not, containing any visible representation, or by its form, shape, or in any manner, capable of producing, reproducing, representing or conveying words or ideas; and
(d) every copy and reproduction of any publication as defined in paragraphs (a), (b), and (c) of this
definition;
"registered" used with reference to a document means registered under the provisions of the law for the time being applicable to the registration of such documents;
"Revenue Fund" means the Revenue Fund of Vanuatu;
"rules of court" used in relation to a court means rules, orders, or other legislative instruments for regulating the practice and procedure of such court made by the authority having for the time being the power to do so;
"sell" includes barter, exchange, offer for sale and expose for sale;
"ship" includes every description of vessel used in water navigation not exclusively propelled by oars or paddles;
"sign" used with reference to a person who is unable to sign his name includes "mark";
"Speaker" means the Speaker of Parliament;
"State" means the Republic of Vanuatu;
"subordinate court" means a court other than the Supreme Court or Court of Appeal;
"surname" includes a clan or family name;
"Vanuatu" means the Republic of Vanuatu;
"vessel" includes any ship or boat or other description of vessel used in water navigation;
"will" includes codicil;
"words" includes figures and symbols;
"writing" includes printing, photography, lithography, typewriting and any other way of representing or reproducing words in visible form;
"written law" means the Constitution, Acts of Parliament, statutory orders and any other legislative enactments or legislative instruments having effect in Vanuatu;
"year" means a year reckoned according to the Gregorian calendar.
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URL: http://www.paclii.org/vu/legis/consol_act/ia191