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Regulations Ordinance 1953

CONSOLIDATED ACTS OF SAMOA 2009

REGULATIONS ORDINANCE 1953

Arrangement of Provisions

TITLE

1. Short title and commencement
2. Interpretation
3. Printing and sale of regulations
4. Form of regulations
5. Evidence of regulations
6. Publishing under this Ordinance sufficient compliance with direction to be published in Gazette
7. Incorporation of amendments in reprints
8. Date of regulations coming into force
9. Regulations to be laid before Parliament
10. Power to revoke spent or obsolete regulations

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THE REGULATIONS ORDINANCE 1953
1953 No. 2

AN ORDINANCE to make provision for the printing and publication of Statutory Regulations and for matters incidental thereto.

(31 March 1953)
(Commencement Date 31 March 1953)

1. Short title and commencement - This Ordinance may be cited as the Regulations Ordinance 1953 and shall be deemed to apply and come into force as from the 1st day of January 1953.

2. Interpretation - (1) In this Ordinance, unless the context otherwise requires:

"Ordinance" includes Act.

"Regulations" mean and include:

(a) Regulations, rules and bylaws made under any Ordinance by any authority empowered so to do; and

(b) Orders, proclamations, notices, warrants and other instruments made under any Ordinance by any authority empowered so to do which are not restricted to individual cases or persons or which extend or vary the scope or provisions of any Ordinance or any regulations,-

but do not include regulations made by any local authority or by any authority or person having jurisdiction limited to any district or village.

(2) If any question arises as to whether any instrument is a regulation for the purposes of this Ordinance it shall be determined by the Attorney-General.

3. Printing and sale of regulations - (1) All regulations made after the commencement of this Ordinance shall forthwith after they are made be numbered and printed in Samoan and in English and made available for sale:

PROVIDED THAT the Attorney-General may by writing under his or her hand exempt any specified regulations or specified class of regulations from the operation of this section if in the Attorney General's opinion it is unnecessary or undesirable that they should be printed under this Ordinance.

(2) Such of the regulations made before the commencement of this Ordinance as the Attorney-General from time to time directs shall be numbered, printed and made available for sale.

(3) Any regulations may, without prejudice to any other mode of citation, be cited by the number given to them as aforesaid and a reference to the year in which they are printed.

4. Form of regulations - (1) The Attorney General may from time to time give directions as to the form in which regulations shall be printed and published under this Ordinance.

(2) Directions given under this section may provide for the printing of all or any regulations with the omission of such signature and formal introductory parts as the Attorney-General or any person authorised by the Attorney General in that behalf from time to time directs:

PROVIDED THAT in every case there shall be printed references to the Ordinance or other authority pursuant to which the regulations were made, the date on which they were made and the date (if any) on which they are expressed to come into force.

(3) Notwithstanding anything in the foregoing provisions, all regulations purporting to be printed under this Ordinance shall be deemed to be copies for the purposes of the next succeeding section.

5. Evidence of regulations - Prima facie evidence of any regulations may be given in all Courts and in all legal proceedings by the production of a copy of the regulations purporting to be printed under this Ordinance.

6. Publishing under this Ordinance sufficient compliance with direction to be published in Gazette. - Where any regulations are required by any Ordinance to be published or notified in the Samoa Gazette, a notice in the Gazette of the regulations having been made and of the place where copies of them can be purchased shall be sufficient compliance with that requirement.

7. Incorporation of amendments in reprints- (1) Where any regulations have, whether before or after the commencement of this Ordinance, been amended by:

(a) The revocation or omission of any words or figures; or

(b) The substitution of any words or figures in lieu of any revoked or omitted words or figures; or

(c) The insertion of any words or figures, -

then in any reprint of the regulations the regulations shall be printed as so amended.

(2) In every such reprint reference shall be made in a footnote or otherwise to the instrument of authority by which each amendment is made.

(3) Before any such reprint is made the Attorney-General shall prepare and certify a copy of the regulations as so amended. The reprint shall be in accordance with the copy so certified and shall contain a statement that it is reprinted under this section.

(4) Prima facie evidence of any regulations reprinted under this section and of the amendments incorporated in the reprint may be given in all Courts and in all legal proceedings by the production of a copy of the reprint purporting to be reprinted under this section.

8. Date of regulations coming into force - All regulations made after the coming into force of this section, which do not expressly state therein the date on which they are to come into force, shall come into force on the date on which they are made.

9. Regulations to be laid before Parliament - All regulations made after the coming into force of this section shall be laid before Parliament within 28 days after the date of the making thereof if Parliament is then in session and, if not, shall be laid before Parliament within 28 days after the date of the commencement of the next ensuing session.

10. Power to revoke spent or obsolete regulations - (1) The Head of State, acting on the advice of Cabinet, may from time to time revoke any regulations, or, as the case may require, declare that they shall cease to have effect as part of the law of Samoa.

(2) This section shall be read in addition to the provisions of any other enactment relating to the revocation of any regulations.

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.

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 by Noumea Loretta Afamasaga.
Under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel)

REVISION NOTES 2008 No. 2

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 general revisions that have been made included inserting the commencement date after the assent date, and minor amendments of non-substantive nature have been made to conform to modern drafting styles.

There were no amendments made to this law since the publication of the Western Samoa Statutes Reprint 1997- 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.

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 Regulations Ordinance 1953 is administered by the Office of the Attorney General.