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Existing Law Adjustment Ordinance 1961

CONSOLIDATED ACTS OF SAMOA 2008

EXISTING LAW ADJUSTMENT
ORDINANCE 1961

Arrangement of Provisions

TITLE
1. Short title and commencement
2. Interpretation
3. Application of Ordinance
4. Application of existing law and documents to Samoa
5. Regulations
Schedule

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THE EXISTING LAW ADJUSTMENT ORDINANCE 1961

1961 No.29

AN ORDINANCE to make provision for the application of the existing law defined in Article III of the Constitution to Samoa.

(29 December 1961)
(Commencement date: 1 January 1962)

1. Short title and commencement - (1) This Ordinance may be cited as the Existing Law Adjustment Ordinance 1961.

(2) This Ordinance shall come into force on the 1st day of January 1962.

2. Interpretation - In this Ordinance, unless the context otherwise requires:

"Constitution" means the Constitution of the Independent State of Samoa.

3. Application of Ordinance - The provisions of this Ordinance shall apply to the existing law defined in Article 111 of the Constitution and continuing in force on and after Independence Day as provided in Article 114 of the Constitution.

4. Application of existing law and documents to Samoa - (1) Unless inconsistent with the context, in any existing law, or in any contract, agreement, deed, instrument, application, licence, notice, or other document whatsoever existing at the commencement of this Ordinance:

(a) References to any office, department, board or corporation, or Court shall, in relation to Samoa, be read as references to the corresponding office, department, board or corporation in Samoa, or, as the case may be, the Court constituted in Samoa having appropriate jurisdiction;

(b) Powers, duties and functions conferred on any person or department shall, in relation to Samoa, be construed as powers, duties, and functions conferred on or to be exercised or carried out by the person or department entrusted with corresponding powers, duties and functions in Samoa;

(c) Generally, provisions that require modification to make them applicable to circumstances and conditions for the time being existing in Samoa shall, subject to any regulations made under section 5 hereof, be read with all modifications necessary to apply such provisions to Samoa pursuant to Article 114 of the Constitution.

(2) Without limiting the provisions of subsection (1), in the application of any law or document specified in that subsection there shall be substituted for the respective terms set out in the first column of the Schedule the corresponding terms set out in the second column of that Schedule.

(3) Without limiting the provisions of subsection (1), and unless the context otherwise requires:

(a) Every reference in any enactment or in any document to the High Court or the High Court of Samoa shall hereafter be read as a reference to the Supreme Court or the Supreme Court of Samoa, as the case may be;

(b) Every reference in any enactment or in any document to the Chief Judge or the Chief Judge of the High Court, or to a Judge or a Judge of the High Court, shall hereafter be read as a reference to the Chief Justice or the Chief Justice of the Supreme Court, or to a Judge or a Judge of the Supreme Court, as the case may be.

5. Regulations - (1) The Head of State may from time to time by Order in Council make all regulations which may in the Head of State’s opinion be necessary or expedient for giving full effect to the provisions of Article 114 of the Constitution and this Ordinance.

(2) The power conferred on the Head of State by subsection (1) shall include the power to revoke any regulations made by the Head of State or the Council of State or the High Commissioner of Samoa before or after the coming into force of this Ordinance.

SCHEDULE

REVISION NOTES 2008

This law has been generally edited as provided for by section 5 of the Revision and Publication of Laws Act 2008. The following general revisions have been made –

(a) References to Western Samoa have been amended to Samoa in accordance with an amendment to the Constitution of Samoa in 1997.

(b) All references to the male gender have been made gender neutral.

(c) Amendments have been made to conform to modern drafting styles and to use modern language as applied in the laws of Samoa.

(d) Other minor editing has been done in accordance with the lawful powers of the Attorney General.

There were no amendments made to this law since the publication of the Western Samoa Statutes Reprint 1978-1996.

Revised and consolidated by Graham Bruce Powell
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 5 of the Revision and Publication of Laws Act 2008. The commencement date has been inserted after the assent date under the general powers of the Attorney General. No amendment has been made to this law since the publication of the Consolidated and Revised Statues of Samoa 2007.

Revised and consolidated by the Legislative Drafting Division under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel)

The Existing Law Adjustment Ordinance 1961 is
administered in the Office of the Attorney-General.