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Vanuatu National Sports Council Act 1989

Commencement: 17 April 1990

REPUBLIC OF VANUATU

THE VANUATU NATIONAL SPORTS COUNCIL ACT
No 43 OF 1989

Arrangement of Sections

1. Interpretation.
2. Establishment of Council.
3. Composition of the Council.
4. Functions of the Council.
5. Powers of the Council.
6. Limitation of powers.
7. Meetings of the Council.
8. Secretary of the Council, other officers and employees.
9. Delegation of powers and functions of the Council.
10. Employees liability.
11. Funds of the Council.
12. Surplus funds to be invested.
13. Accounts of the Council.
14. Annual Report.
15. Dissolution of the Council.
16. Exemption from taxes, stamp duties, etc.
17. Orders.
18. Directions by Minister.
19. Commencement.

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REPUBLIC OF VANUATU

THE VANUATU NATIONAL SPORTS COUNCIL ACT
No. 43 OF 1989

Assent: 27/12/89
Commencement: 17/04/90

An Act to provide for the establishment of the Vanuatu National Sports Council and for matters connected therewith.

BE IT ENACTED by the President and Parliament as follows:-

INTERPRETATION

1. In this Act, unless the context otherwise requires-

"Chairman" means the person appointed by the Minister to be the Chairman of the Council under section 3(2);

"Council" means the Vanuatu National Sports Council established under section 2;

"Deputy Chairman" means the person appointed by the Minister to be the Deputy Chairman of the Council under section 3(2);

"Minister" means the Minister for the time being responsible for sports;

"Secretary" means the Secretary of the Council appointed under section 3(a).

ESTABLISHMENT OF COUNCIL

2. There is hereby established a Council to be known as the "Vanuatu National Sports Council" (hereinafter referred to as the "Council") which shall be a body corporate having perpetual succession and a common seal and may sue and be sued in its corporate name.

COMPOSITION OF THE COUNCIL

3. (1) The Council shall consist of a chairman, a deputy chairman and nine other members appointed by the Minister and shall be composed as follows:-

(a) the Secretary of the Council or his nominee, ex officio, member;

(b) a representative of the Ministry responsible for Youth and Sports, member;

(c) a representative of the Ministry responsible for Finance, member;

(d) a representative of the Vanuatu Christian Council, member;

(e) five persons who shall represent sports or youth organisations in Vanuatu, members;

(f) two other persons, members.

(2) The Minister shall appoint the Chairman and Deputy Chairman from amongst the members.

(3) The term of office of appointed members shall be two years and such members shall be eligible for re-appointment.

(4) A member may resign his office by notice in writing given to the Minister.

(5) The Minister may remove a member from office by notice published in the Gazette.

(6) The Minister, on appointing a member in accordance with paragraphs (d) and (e) of subsection (1), shall nominate an alternate to such member's temporary absence from Vanuatu or incapacity through illness.

(7) An alternate member when acting in the place of a member shall enjoy all the rights of and exercise all the powers, functions and duties of the member he represents.

(8) All appointments and nominations made under this section shall be published in the Gazette.

FUNCTIONS OF THE COUNCIL

4. The functions of the Council shall be as follows:-

(a) to foster and promote the development of amateur sport and recreation in Vanuatu;

(b) to foster, support and undertake the provision of facilities for sport and recreation;

(c) to promote the utilisation of sporting and recreation facilities in Vanuatu;

(d) to investigate developments in sport and recreation and disseminate knowledge and information about such developments;

(e) to advise the Minister on any matters relating to sport and recreation.,

POWERS OF THE COUNCIL

5. In carrying out its functions under this Act, the Council shall have the following powers:-

(a) to acquire, purchase, hold, manage and dispose of real or personal property;

(b) subject to the prior approval of the Minister responsible for finance, to borrow or lend money on such terms and conditions as the Council thinks fit;

(c) to establish pension schemes or any other welfare schemes for the benefit of its officers and employees;

(d) subject to the approval of the Minister, to formulate and implement policies in respect of the furtherance of and assistance to sport and recreation generally;

(e) to recommend to the Minister that grants be made to any person, or organisation to undertake studies, assignments, or commissions, investigations, or gain further appropriate experience, whether within Vanuatu or overseas, in respect of matters approved by the Council;

(f) to recommend to the Minister that grants be made or subsidies be paid to any person or organisation engaged in the execution or promotion of any sporting or recreational activity, on such conditions as the Council recommends;

(g) to collect, examine, disseminate, or publish any information relating to sport and recreation, or to any particular form of sport or recreation;

(h) to examine and consider any existing or proposed policies or practices, or other matters, relating to sport and recreation and the utilisation of land for recreational purposes, and with the approval of the Minister to make recommendations thereon to any appropriate person, organisation or authority;

(i) to carry out itself, or encourage and support other persons or bodies in carrying out, research and studies into matters concerning sport and recreation and to disseminate knowledge and advice on such matters;

(j) to advise, co-operate with or assist Government Departments, local authorities, voluntary organisations or other bodies or persons on any matters concerned with sport and recreation;

(k) with the approval of the Minister, to develop any land or other property and to erect and maintain buildings or other structures;

(l) with the approval of the Minister, to enter into agreements with, any local authority, corporation, society, firm or person for the management and maintenance of any land, buildings or thing for the purposes of this Act;

(m) with the approval of the Minister, to charge fees for admission to land or buildings vested in it or under its control or in respect of any activity promoted, arranged or controlled by it, as the Council thinks fit;

(n) to establish or act as trustees of any charity, organisation or body, the objects of which are in accordance with any of the Council's objects;

(o) after consultation with the Public Service Commission, to employ and fix the remuneration and terms and conditions of service of a secretary and such other employees as the Council considers necessary for the administration of this Act and the performance of the functions of the Council;

(p) to make rules to regulate its own procedure for the despatch of business at meetings;

(q) to do all that is necessary or required to be done in respect of its functions under this Act.

LIMITATION OF POWERS

6. Nothing in this Act shall be so construed as in any way to authorise the Council to interfere with or give any direction relating to the aims, objects or operations of any other sporting or recreational organisations.

MEETINGS OF THE COUNCIL

7. (1) Meetings of the Council shall be held at such times and places as the Chairman or in his absence the Deputy Chairman, may from time to time appoint.

(2) The quorum at meetings of the Council shall be five members, including the Chairman or in his absence, the Deputy Chairman.

(3) The Chairman, or in his absence the Deputy Chairman, shall preside at every meeting of the Council. Where neither the Chairman nor the Deputy Chairman is present at a meeting of the Council, the Council shall elect one of its members to be Chairman for that meeting and such member acting as Chairman shall have and exercise all the powers of the Chairman under this Act.

(4) The proceedings at any meeting shall not be invalidated by any defect in the appointment of a member.

(5) Decisions of the Council shall be made by a majority vote of members present and voting. The Chairman or the Deputy Chairman, as the case may be, shall have a casting vote.

(6) If a member has any pecuniary interests, direct or indirect in any contract or proposed contract or other matter relating to the Council, he shall as soon as practicable disclose to the Chairman of the Council the fact and nature of his interest.

(7) The Council may invite any person or persons to participate in meetings of the Council but they shall have no vote.

(8) Subject to this Act the Council may make internal rules regulating its procedures for the Chairmanship, calling, conducting and adjournment of meetings of the Council.

(9) Any rule made in accordance with subsection (8) shall be issued under the hand of the Chairman or the Secretary of the Council.

SECRETARY OF THE COUNCIL, OTHER OFFICERS AND EMPLOYEES

8. Subject to this Act, the Council shall appoint, at such remuneration and upon such terms and conditions as it thinks fit -

(a) a Secretary to the Council who shall be the Chief Executive of the Council and of all its operations; and

(b) such other officers and employees as may be required for the proper and efficient discharge of the functions of the Council.

DELEGATION OF POWERS AND FUNCTIONS OF THE COUNCIL

9. The Council may, by resolution or otherwise, delegate to the Secretary with or without restrictions or conditions, such of its powers and functions as it deems expedient for the efficient discharge of the day to day operations of the Council.

EMPLOYEES LIABILITY

10. No personal liability shall attach to any member, officer or employee of the Council in respect of anything done or not done in good faith and without negligence in the course of the operation of the Council.

FUNDS OF THE COUNCIL

11. The funds of the Council shall consist of the following -

(a) monies borrowed by the Council;

(b) all sums received by or falling due to the Council in respect of the repayment of any loan made by the Council or the interest receivable in respect of any such loan;

(c) grants from the Government;

(d) grants from other sources;

(e) monies received by the Council in any other way in the course of the discharge of its functions.

SURPLUS FUNDS TO BE INVESTED

12. Any surplus funds of the Council not required for immediate use may be invested in such manner as the Minister responsible for finance may approve.

ACCOUNTS OF THE COUNCIL

13. (1) The Council shall keep proper accounts and other records in respect of its receipts and expenditure and shall cause to be prepared an annual statement of accounts in respect of each financial year.

(2) The accounts of the Council shall be made up to the thirtieth day of December in each financial year and shall be audited by an independent and properly qualified auditor approved by the Minister and appointed by the Council.

(3) Fees payable to the auditor appointed under subsection (2) shall be paid out of the funds of the Council.

(4) The Council shall provide the Minister and the Auditor General each with a copy of the audited accounts and report thereon by the auditor referred to in subsection (2).

ANNUAL REPORT

14. After the thirtieth day of December in each year, the Council shall prepare a report of its operations during the preceding year and shall send a copy to the Minister and publish the same in such manner as the Minister may direct.

DISSOLUTION OF THE COUNCIL

15. In the event of the dissolution of the Council, any funds remaining at the disposal of the Council after the discharge of all debts and liabilities, shall be distributed in such manner as prescribed by the Minister.

EXEMPTION FROM TAXES, STAMP DUTIES, ETC

16. The Council shall be exempt from all taxes and stamp duties on its profits, operations, capital, property and all documents or transactions of any description, all business licence fees and all customs and import duties.

ORDERS

17. (1) The Minister may by order make regulations not inconsistent with this Act for the better carrying out of the objects and purposes of this Act.

(2) Without derogating from the generality of subsection (1), regulations made under that subsection may provide for -

(a) any thing that may be prescribed;

(b) a penalty of not more than VT 100,000 for the contravention of any such regulations.

DIRECTIONS BY MINISTER

18. The Minister, after consultation with the Council, may give to the Council such directions of a general character with respect to the performance of any functions of the Council as appear to the Minister to be requisite in the public interest and the Council shall carry out such directions.

COMMENCEMENT

19. This Act shall come into force on such date as the Minister shall appoint by order published in the Gazette.

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