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Samoa Red Cross Act 1993

CONSOLIDATED ACTS OF SAMOA 2009

SAMOA RED CROSS ACT 1993

Arrangement of Provisions

TITLE

1. Short title and commencement
2. Interpretation
3. Protection of term Red Cross and its distinctive emblem
4. Offence against the use of the term Red Cross or its emblem or any imitation thereof
5. Offence against Officers of a body for contravention of section 4
6. Penalties

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THE SAMOA RED CROSS ACT 1993
1993 No. 13

AN ACT to grant statutory protection against the use within Samoa of the name Red Cross and the distinctive emblem of the Red Cross by any person or body not authorised by the Red Cross Society.

(23 December 1993)
(Commencement Date: 23 December 1993)

1. Short title and commencement - (1) This Act may be cited as the Red Cross Act 1993.

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

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

"Body" means any legally constituted entity.

"Distinctive Emblem" means the sign of the Red Cross with vertical and horizontal arms of the same length on and completely surrounded by a white ground.

"Red Cross Society" means the Samoa Red Cross Society.

3. Protection of the term Red Cross and its distinctive emblem - (1) Upon the commencement of this Act, no person or body other than the Red Cross Society may use the term Red Cross or its distinctive emblem for any purpose or activity.

(2) The Red Cross Society may in accordance with its statutes rules and regulations authorise any other person or body to use the term Red Cross or its distinctive emblem. Any such person or body so authorised by the Society shall use the term Red Cross or its distinctive emblem in accordance with any condition or conditions specified by the Society.

4. Offence against the use of the term Red Cross or its emblem or any imitation thereof - (1) Any person or body who uses the term Red Cross or its distinctive emblem in contravention of section 3 commits an offence.

(2) Any person or body that makes a written or oral representation to the effect that they have been authorised by the Red Cross Society to use the term Red Cross or use its distinctive emblem without being so authorised commits an offence under this Act.

(3) Any person or body who uses any word or design which constitutes an imitation or close resemblance that is capable of being mistaken for or understood to be referring to or confused with the term Red Cross or its distinctive emblem for any purpose or activity commits an offence under this Act.

5. Offence against Officers of a body for contravention of Section 4 - Where an offence has been committed under section 4 by a body, then every officer, which such expression means any director, manager, secretary, partner, trustee or other servant or any person purporting to act under such capacity, for the body who authorised or permitted the contravention mentioned in section 4 shall, in addition to the body be guilty of an offence and be liable upon conviction to the penalties imposed under section (6).

6. Penalties - Any person or body charged with an offence under section 4 or section 5 shall upon conviction be liable to a fine not exceeding 100 penalty units or to imprisonment for a period not exceeding one year or to both such fine and imprisonment.

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) 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 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.

Consolidated and revised 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 Samoa Red Cross Act 1993 is administered by the Ministry of Health.