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Vanuatu Sessional Legislation |
Commencement: 1 January 2008
REPUBLIC OF VANUATU
REPRESENTATION
OF THE PEOPLE
(AMENDMENT) ACT NO. 28
OF 2007
Arrangement of Sections
1. Amendment
2. Commencement
------------------------------------
REPUBLIC OF VANUATU
Assent: 31/12/2007
Commencement: 01/01/2008
REPRESENTATION
OF THE PEOPLE
(AMENDMENT) ACT NO. 28
OF 2007
An Act to amend the Representation of the People Act [CAP
146].
Be it enacted by the President and Parliament as
follows:
1 Amendment
The
Representation of the People Act [CAP 146] is amended as set out in the
Schedule.
2
Commencement
This Act commences on the day on which it is
published in the Gazette.
___________________________
SCHEDULE
AMENDMENTS
OF THE REPRESENTATION OF THE PEOPLE
ACT [CAP 146]
1 Section
1
Insert in its correct alphabetical position
"island of
origin" in relation to a person means the person's island of origin determined
in accordance with the rules of
custom;"
2. Subsection
9(1)
Delete "A person", substitute "Subject to sections 9A, 9B, 9C
and 9D, a person"
3. After section
9
Insert
"9A Registration
of persons residing in the areas listed in Schedule 7 –Part
1
(1). If a person resides outside the constituencies of Port Vila
and Luganville in the areas listed in Schedule 7-Part 1, the person
is eligible
for registration in the electoral list for a polling district in the
constituencies of Port Vila or Luganville if:
(a). the person is employed within the constituencies of Port Vila or Luganville; and
(b). the person’s island of origin is neither Efate nor Santo.
(2). Where there is doubt as to whether
or not a person satisfies the criteria in subsection (1), the registration
officer must make
such inquiry as to such matter as he or she may consider
necessary.
(3). After making inquiry under subsection (2) the
registration officer is to make a report and a recommendation to the Principal
Electoral Officer.
(4). Upon receipt of a report under subsection (3),
the Principal Electoral Officer must, after considering the report, either enter
the name of the voter on the electoral list or refuse to enter it and cause the
voter to be informed of his or her decision.
(5). The Principal Electoral
Officer may only refuse to enter a person’s name on the electoral list
under subsection (4) if
the person does not satisfy the criteria in subsection
(1).
(6). For the purposes of this section the qualifying date is the 1st
day of July in the year of preparation of the electoral
list.
9B. Registration of persons
residing in the areas listed in Schedule 7-Part 2
(1) If a person resides outside the
constituencies of Port Vila and Luganville in the areas listed in Schedule
7-Part 2, the person
is eligible for registration in the electoral list for a
polling district in the constituencies of Port Vila or Luganville if:
(a) the person is employed within the constituencies of Port Vila or Luganville; and
(b)the person’s island of origin is neither Efate nor Santo.
(2) The registration officer must not
register a person in the electoral list for a polling district in the
constituencies of Port
Vila or Luganville if he or she is satisfied that the
person has some kind of relationship with the land owners of that particular
area that would not enable the person to vote in a polling district in the
constituencies of Port Vila or Luganville.
(3) Where there is doubt as to
whether or not, a person satisfies the criteria in subsection (1) or there is
uncertainty over the
situation referred to in subsection (2), the registration
officer must make an inquiry into such matter as he or she may consider
necessary.
(4) After making inquiry under subsection (3) the registration
officer is to make a report and a recommendation to the Principal Electoral
Officer.
(5) Upon receipt of a report under subsection (4), the Principal
Electoral Officer must, after considering the report, either enter
the name of
the voter on the electoral list or refuse to enter it and cause the voter to be
informed of his or her decision.
(6) The Principal Electoral Officer may
only refuse to enter a person’s name on the electoral list under
subsection (5) if:
(a) the person does not satisfy the criteria in subsection (1); and
(b) the Principal Electoral Officer is satisfied that the person has some kind of relationship with the land owners of that particular area that would not enable the person to vote in a polling district in the constituencies of Port Vila or Luganville.
(7) For the purposes of
this section the qualifying date is the 1st day of July in the year of
preparation of the electoral list.
9C Registration
of other persons residing in areas listed in Schedule
7-
Part 1 and Part
2
(1) If a person resides outside the constituencies of Port Vila
and Luganville in the areas listed in Schedule 7-Part 1 and Part 2,
the person
is eligible for registration in the electoral list for a polling district in the
constituencies of Port Vila or Luganville
if:
(a). the person is not employed within the constituencies of Port Vila or Luganville or is unemployed; and
(b). the person’s island of origin is neither Efate nor Santo.
(2). In relation to a person that
resides in an area listed in Part 2, the registration officer must not register
the person in the
electoral list for a polling district in the constituencies of
Port Vila or Luganville if he or she is satisfied that the person
has some kind
of relationship with the land owners of that particular area that would not
enable the person to vote in a polling
district in the constituencies of Port
Vila or Luganville.
(3). Where there is doubt as to whether or not a
person satisfies the criteria in subsection (1) or there is uncertainty over the
situation referred to in subsection (2), the registration officer must make such
inquiry as to such matter as he or she may consider
necessary.
(4). After
making inquiry under subsection (3) the registration officer is to make a report
and a recommendation to the Principal
Electoral Officer.
(5). Upon
receipt of a report under subsection (4), the Principal Electoral Officer must,
after considering the report, either enter
the name of the voter on the
electoral list or refuse to enter it and cause the voter to be informed of his
or her decision.
(6). The Principal Electoral Officer may only refuse to
enter a person’s name on the electoral list under subsection (5) if:
(a). the person does not satisfy the criteria in subsection (1); and
(b). the Principal Electoral Officer is satisfied that the person has some kind of relationship with the land owners of that particular area that would not enable the person to vote in a polling district in the constituencies of Port Vila or Luganville.
(7). For the purposes of
this section the qualifying date is the 1st day of July in the year of
preparation of the electoral list.
9D
Registration of persons whose island of origin is Efate or
Santo
(1). If a person resides outside the constituencies of Port
Vila and Luganville in the areas listed in Schedule 7-Part 1, the person
may
choose to be registered in the electoral list for a polling district in the
constituencies of Port Vila or Luganville if:
(a). the person is employed within the constituencies of Port Vila or Luganville; and
(b). the person’s island of origin is either Efate or Santo.
(2). Where there is doubt as to whether
or not a person satisfies the criteria in subsection (1), the registration
officer must make
such inquiry as to such matter as he or she may consider
necessary.
(3). After making inquiry under subsection (2) the
registration officer is to make a report and a recommendation to the Principal
Electoral Officer.
(4). Upon receipt of a report under subsection (3),
the Principal Electoral Officer must, after considering the report, either enter
the name of the voter on the electoral list or refuse to enter it and cause the
voter to be informed of his or her decision.
(5). The Principal Electoral
Officer may only refuse to enter a person’s name on the electoral list
under subsection (4) if
the person does not satisfy the criteria in subsection
(1).
(6). For the purposes of this section the qualifying date is the 1st
day of July in the year of preparation of the electoral
list."
4. After paragraph
24(c)
Insert
"(ca). is a person who is not in default of payment of any rates, charges or other debts due to the Government or a Government agency as defined in the Public Finance and Economic Management Act [CAP 244], for a period exceeding 2 months after the same becomes due;"
5. Paragraph 25(1)(b)
Delete "of VT50, 000" substitute,
"100,000"
6. After subsection
25(2)
Insert
"(2A). A person must pay a fee of VT2, 000 to
the Electoral Office, in order to obtain a declaration of candidature
form.""
7. After
section 70
Insert
"71.
Regulations
The Minister may make regulations prescribing
matters:
(a). required or permitted by this Act to be prescribed; or
(b). necessary or convenient to be prescribed for carrying out or giving effect to this Act."
8.
After Schedule
6
Insert
"SCHEDULE
7
PART 1. (Sections 9A,
9C and 9D)
EFATE
Manples
area
Beverly Hills area
Belle View
area
SANTO
Show ground
area
Solomons hill area
Capricone area
Negar
area
PART 2. (Sections 9B and
9C)
EFATE
Salili area
End
of International airport area
Bladiniere area
Part of Manples
Tamalesi
area
Areas behind Chikau Store & Wilco Hardware up-to opposite Kawenu
Demonstration School
Malapoa area
Blacksands area
Etas area
Teouma
Ville area
Copravi
area
SANTO
Banban
area
Jubilee farm area"
------------------------------------------------
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URL: http://www.paclii.org/vu/legis/num_act/rotpa2007378