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Samoan Antiquities Ordinance 1954

CONSOLIDATED ACTS OF SAMOA 2009

SAMOAN ANTIQUITIES ORDINANCE 1954

Arrangement of Provisions

TITLE

1. Short title
2. Interpretation
3. Head of State may acquire Samoan antiquities
4. Samoan antiquities to be offered for sale before export except fine mats to American Samoa
5. Power to detain Samoan antiquities attempted to be exported
6. Exporting Samoan antiquities without permission
7. Power to remove antiquities under certain conditions
8. Right to copy of antiquities intended to be exported
9. Head of State to decide what articles come under Ordinance
10. Regulations

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THE SAMOAN ANTIQUITIES ORDINANCE 1954
1954 No. 4

AN ORDINANCE to make provision for the protection and preservation of Samoa Antiquities, Relics, Curios and Articles of Anthropological interest and scientific value.

(23 September 1954)
(Commencement Date: 23 September 1954)

1. Short title - This Ordinance may be cited as the Samoan Antiquities Ordinance 1954.

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

"Samoan antiquities" includes Samoan relics, articles manufactured with ancient Samoan tools and according to Samoa customs and methods and all other articles or things of historic, anthropological, or scientific value or interest and relating to Samoa including Samoan fine mats, orators staffs, orators fly whisks, ceremonial headdress and other artifacts but does not include any botanical or mineral collections or specimens.

3. Head of State may acquire Samoan antiquities - The Head of State may acquire on behalf of the Government of Samoa such Samoan antiquities as the Head of State deems expedient and may provide for the safe custody of the same.

4. Samoan antiquities to be offered for sale before export except fine mats to American Samoa - (1) Subject to subsection (2) it shall not be lawful to remove from Samoa Samoan antiquities without first offering the same for sale to some person authorised in that behalf by the Head of State for the benefit of Samoa.

(2) Notwithstanding anything in the preceding provisions, where it is shown to the satisfaction of the Collector or other proper office of Customs that any person is desirous of transporting out of Samoa to American Samoa any fine mat or mats for presentation as a ceremonial gift or gifts, the Collector or other proper officer may grant permission in writing to such person under this subsection for the export of such mat or mats from Samoa.

5. Power to detain Samoan antiquities attempted to be exported - It shall be the duty of all constables and officers of Customs to seize and detain any Samoan antiquities attempted to be removed from Samoa contrary to this Ordinance.

6. Exporting Samoan antiquities without permission - (1) Every person who without the express permission in writing of the Head of State or otherwise than in pursuance of section 4 (2) of this Ordinance exports or attempts to export from Samoa any Samoan antiquities is liable to a fine not exceeding 2 penalty units.

(2) Notice of the intention to export any Samoan antiquities shall be given by the exporter to the Collector or other proper officer of Customs at least 7 days before shipment.

(3) Any Samoan antiquities entered for export contrary to this Ordinance shall be forfeited and shall be vested in the Government of Samoa for the use of the people of Samoa provided that the Head of State may after enquiry cancel the forfeiture if he or she thinks fit.

7. Power to remove antiquities under certain conditions - Nothing in this Ordinance shall be deemed to prevent any person who has offered any Samoan antiquities as provided by section 4 removing such Samoan antiquities from Samoa provided that he or she has obtained the permission in writing of the Head of State.

8. Right to copy of antiquities intended to be exported - (1) On any application for permission to export any Samoan antiquities the Head of State may, if he or she thinks fit, make it a condition to the granting of the application that the owner thereof allows them to be copied by photography, cast, or otherwise, in such manner and by such person as the Head of State directs.

(2) Every such copy shall be the property of the Government of Samoa for the use of the people of Samoa.

9. Head of State to decide what articles come under Ordinance - In case any dispute arises as to whether any article or thing comes within the scope of this Ordinance such dispute shall be determined by the Head of State.

10. Regulations - (1) The Head of State, acting on the advice of Cabinet, may from time to time by notice published in the Samoa Gazette make all such regulations as may be required for the purpose of this Ordinance.

(2) Without limiting the power conferred on the Head of State by the last preceding subsection it is hereby declared that regulations not inconsistent with any Ordinance or other enactment may be made under this section for all or any of the following purposes:

(a) prescribing the duties and powers of constables and officers of Customs in enforcing the provisions of this Ordinance;

(b) prescribing for the breach of any such regulations;

(c) prescribing the forms required for the purpose of this Ordinance, the records to be kept and the returns to be furnished.

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

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

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

(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 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 have been made including the insertion of the commencement date after the assent date.

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 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

The law was generally edited in accordance with the powers of the Attorney General provided for by Section 5 of the Revision & Publication of Laws Act 2008.

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 Samoan Antiquities Ordinance 1954 is administered by the Ministry of the Prime Minister.