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Fines (Review and Amendment) Act 1998

CONSOLIDATED ACTS OF SAMOA 2009


THE FINES (REVIEW AND AMENDMENT) ACT 1998


Arrangement of Provisions


Title


1. Short title and commencement
2. Interpretation
3. Amendment to fine provisions
4. Fixing the Penalty Unit
5. Amendments to Specific Fines
6. Application of this Act
7. Other Amendments
Schedules


__________


FINES (REVIEW AND AMENDMENT) ACT 1998
1998 No. 24


AN ACT to amend the fines prescribed for offences by all Acts and Regulations and to replace references to fines fixed as monetary amounts with the concept of the penalty unit.


(16 July 1998)
(Commencement date: 16 July 1998)


BE IT ENACTED by the Legislative Assembly of Samoa in Parliament assembled as follows:-


1. Short title and commencement-(1) This Act may be cited as the Fines (Review and Amendment) Act 1998.


(2) This Act shall come into force on the date it is assented to by the Head of State.


2. Interpretation - In this Act, unless the contrary intention appears:


"pecuniary penalty" shall include a fine.


3. Amendment to fine provisions-(1) In all Acts and Regulations, now or at any time in the future, in force in Samoa-


(a) A reference to the imposition of a fine or maximum fine, of less than $100 shall be deemed to impose a fine or maximum fine, as the case may be, of $100, unless otherwise specified in Schedule 1 to this Act; and


(b) A reference to a pecuniary penalty of T tala, where tala is a number, shall be taken to be a reference to a pecuniary penalty of P pecuniary penalty units, where P is:


(i) If T ÷ 100 is a whole number - that whole number; or


(ii) If T ÷ 100 is not a whole number - the next highest whole number,


and all Acts and Regulations shall be amended accordingly.


(2) Subsection (1) shall not apply to fines that are expressed to be for continuing offences, which shall be set at one-half of the substantive fine in each case.


4. Fixing the penalty unit - In all Acts and Regulations a reference to a "penalty unit" shall be the amount of "$100" for each penalty unit prescribed as a pecuniary penalty.


5. Amendments to specific fines - Notwithstanding any-thing in subsection (1) of section 3 of this Act, the fines provided for in the Acts and Regulations specified in Column A of Schedule 1 to this Act shall be amended to provide the fine specified in Column B of the Schedule.


6. Application of this Act-(1) The penalties fixed by operation of this Act shall apply only to offences committed after the date of commencement of this Act.


(2) The appropriate fine for offences committed prior to the commencement of this Act shall be the fine fixed by the respective Act or Regulation prior to its amendment.


(3) In the event that the amount of the penalty unit is amended, the revised amount shall apply only to fines imposed in respect of offences committed after the amendment has come into force.


7. Other Amendments - The provisions of the Acts and Regulations specified in Schedule 2 shall be amended in accordance with the amendments specified in that Schedule.


____________


SCHEDULE 1


Column B
Act (or Regulation) and Section Penalty Unit
Section 12
5
Section 13
5
Section 15
2
Section 16
5
Section 25
5
Section 26
5

Shipping Act 1972

Section 14
100
Section 15
50
Section 21
100
Section 27
50
Section 32
100
Section 34
50

Port Control Regulations 1939

Regulation 56
5

Radio on Ships Regulation 1960


Regulation 18
5

Port Control Amendment Regulations 1960


Regulation 44
10

Labour and Employment Act 1972


Section 41(1)
10
Section 41(2)
5
Section 41(3)
5

Apprenticeship Act 1972


Section 31(1)
5 (in the case of an employer)
10 (in the case of an apprentice)
Section 31(2)
2
Section 31(3)
10

Shops Ordinance 1961


Section 15(2)
5

Audit Office Regulations 1976


Regulations 18(a)
5
Regulations 18(b)
2
Regulations 18(c)
5
Regulations 18(d)
2

Rhinoceros Beetle Ordinance 1954


Section 11
5
Section 17(2)
5

Bunchytop Act 1965


Section 21(1)
2
Section 21(2)
5

Fisheries Act 1988


Section 5
5
Section 21(1)
2
Section 21(2)
50
Section 21(5)
50
Section 21(6)
50

Infants Ordinance 1961


Section 12
5
Section 20
5

Permits and Passports Act 1978


Section 13(1) (e)
5

Burials Ordinance 1961


Section 10(2)
5
Section 11
2

Citizenship Act 1972


Section 21
10

Commissions of Inquiry Act 1964


Section 12(b)
5
Section 15(2)
10

Secret Commissions Act 1975


Section 14
50 (for a Corporation)
20 (for any other person)

Liquor Act 197


Section 14(1)
5 (for a first offence)
10 (for subsequent offences)

Police Offences Ordinance 1961


Section 3
2
Section 4
2
Section 5
2
Section 7
2
Section 8(1)
2
Section 8(2)
2
Section 9
2
Section 10
2
Section 11
5
Section 12(2)
2
Section 12(5)
2
Section 13
2
Section 14(3)
2
Section 16
2
Section 18(3)
2
Section 18(4)

Section 19
2
Section 20
2
Section 21
2
Section 22
2

Gaming Act 1978


Section 3(1)
20
Section 3(3)
5
Section 4
20
Section 5(1)
2
Section 10
10
Section 14(1)
20
Section 14(2)
10
Section 23(1)
20
Section 23(2)
5

Magistrates (District) Court Act 1969


Section 58(1)
10
Section 58(2)
10
Section 116(3)
10
Section 117(2)
10

Excise Tax (Domestic Administration) Act 1984


Section 14
100
Section 50
200
Section 51
100
Section 52
100
Section 53
20
Section 55
100
Section 60
10

Customs Act 1977


Section 13(3)
10
Section 20(2)
20
Section 37(2)
50
Section 38(3)
50
Section 39(7)
50
Section 40(3)
50
Section 41
10
Section 42(2)
10
Section 43(2)
10
Section 44(3)
10
Section 45(3)
10
Section 45(4)
20
Section 46(3)
20
Section 46(4)
20
Section 47
10
Section 49(10)
50
Section 51(4)
50
Section 53(3)
20
Section 54(3)
50
Section 62(2)
20
Section 65(6)
20
Section 66(3)
20
Section 68(2)
20
Section 71(3)
20
Section 73(10)
50
Section 74(2)
50
Section 75(2)
20
Section 77(4)
10
Section 79(4)
20
Section 94(2)
20
Section 101(2)
1
Section 105(2)
10
Section 120
20
Section 126
20
Section 176
20
Section 179(3)
20
Section 180(3)
10
Section 184(2)
50
Section 187(2)
20
Section 191(7)
50
Section 193
50
Section 216
20
Section 217
50
Section 218(2)
50
Section 219
50
Section 220
20
Section 222
20
Section 223(2)
20
Section 224
10
Section 226
100
Section 227(1)
10
Section 228(2)
10
Section 229
20
Section 230
20
Section 231
20
Section 237
10
Section 280
50

______________


SCHEDULE 2


Amendments to Acts


Customs Act 1977:


1. Section 40(3) is amended by prescribing a penalty being a fine not exceeding $5,000, or 3 times the value of the imported goods, whichever is the greater, and by providing for the forfeiture to the State of the goods and the ship or aircraft involved.


2. Section 105(2) is amended by prescribing a fine not exceeding $1,000, or 3 times the value of the goods, whichever is the greater.


3. Section 241(1) is amended by –


(a) Deleting the figure "$100" from paragraph (a) and replacing it with "$10,000"; and


(b) Deleting the figure "$20" from paragraph (b) and replacing it with "$5,000".


4. Section 241(2) is amended by prescribing penalty being a fine not exceeding $1,000, or three times the amount of the duty avoided, whichever is the greater.


5. Section 280 is amended by prescribing penalties being fines not exceeding $1,000 for breach of Regulations


Excise Tax (Domestic Administration) Act 1984


Section 54 is amended by prescribing a penalty being a fine not exceeding $5,000, or imprisonment for a term not exceeding 5 years, or both.


Customs Regulations 1986:


Regulation 103(2) is amended by providing for fines not exceeding $1,000.


__________


REVISION NOTES 2008


This law has been reviewed in accordance with the powers provided for in section 5 of the Revision and Publication of Laws Act 2008. Some minor amendments of a non-substantive nature have been made to conform to modern drafting styles. The following general revisions have been made –


(a) The fines have been amended and are stated as penalty units as provided for by the Fines (Review and Amendment) Act 1998.


(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) Amendments have been made to up-date references to offices, officers and statutes.


(e) 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


This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2007. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.


Revised and consolidated 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 following general revisions have been made –


(a) the commencement date has been inserted after the assent date;


(b) 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 Consolidation and Revised Statutes of Samoa 2007.


This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2008. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.


Revised and consolidated under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel).


REVISION NOTES 2009


There were no amendments made to this law since the publication of the Consolidated and Revised Statutes of Samoa 2007.


This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2009. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.


Revised and consolidated by the Legislative Drafting Division under the supervision of Papalii Malietau Malietoa (Parliamentary Counsel).


The Fines (Review and Amendment) Act 1998 is administered in the Ministry for Revenue.


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