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Samoa Tourism Authority Act 1984

CONSOLIDATED ACTS OF SAMOA 2009

SAMOA TOURISM AUTHORITY ACT 1984

Arrangement of Provisions

TITLE

PART I

PRELIMINARY

1. Short title
2. Interpretation

PART II

CONSTITUTION OF AUTHORITY

3. Establishment of Authority
4. Term of office of appointed directors
5. Extraordinary vacancies
6. Deputies of members
7. Meetings of the Board
8. Remuneration of appointed directors
9. Disclosure of conflicting interest

PART III

FUNCTIONS AND POWERS
OF THE AUTHORITY

10. Functions
11. Powers

PART IV

MANAGEMENT AND EMPLOYEES

12. General Manager
13. Officers and employees
14. Delegation of powers by the Board

PART V

FINANCE

15. Gifts to the Authority
16. Funds of the Authority
17. Accounts
18. Audit of Accounts
19. Annual report
19A. Governance, Accounts and Annual Reports

PART VI

APPROVAL OF STANDARDS
OF FACILITIES

20. Application for a business licence
21. Standards of facilities, amenities and services

PART VII

MISCELLANEOUS

22. Secrecy
22A. Saving
23. Regulations
Schedule

________________

THE SAMOA TOURISM AUTHORITY ACT 1984

1984 No. 43

AN ACT to establish the Samoa Tourism Authority and for purposes connected therewith.

(20 December 1984)
(Commencement Date: 20 December 1984)

PART I

PRELIMINARY

1. Short title - This Act may be cited as the Samoa Tourism Authority Act 1984.

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

"Authority" means the Samoa Tourism Authority established under section 3.

"Board" means the Board of directors of the Authority.

"Chairperson" means the Chairperson of the Board.

"Minister" means the Minister responsible for tourism.

PART II

CONSTITUTION OF AUTHORITY

3. Establishment of the Authority - (1) The Samoa Tourism Authority is established.

(2) The Authority may use the name "Samoa Tourism" and for all purposes "Samoa Tourism" shall refer to and mean the Authority.

(3) The Authority is a body corporate with perpetual succession and a common seal and is capable of –

(a) Acquiring, holding and disposing of real and person property;

(b) Suing and being sued;

(c) Doing and suffering all other acts and things as bodies corporate may lawfully do and suffer.

(4) A reference to the former Samoa Visitors Bureau in any law or instrument or document shall be read and construed as a reference to the Authority unless the context requires otherwise.

(5) There Authority shall be governed by a Board of Directors which shall consist of:

(a) The Minister, who shall be the Chairperson;

(b) The Parliamentary Under-Secretary for the Minister, who shall be the Deputy Chairperson;

(c) The Chief Executive Officer of the Ministry of Finance;

(d) The Chief Executive Officer of the Ministry of Commerce, Industry and Labour;

(d) 8 persons appointed by the Head of State, acting on the advice of Cabinet, to represent the interests of the tourist industry and the community; and

(e) The General Manager of the Authority.

4. Term of office of appointed directors - (1) Every appointed director shall be appointed for a period not exceeding 3 years, and may from time to time be reappointed.

(2) Every appointed director, unless he or she sooner vacates office under section 5, shall continue to hold office until his or her successor comes into office, notwithstanding that the term for which the director was appointed may have expired.

5. Extraordinary vacancies - (1) Any appointed director may at any time resign from office by delivering a notice in writing to the Minister.

(2) The Minister, acting on the advice of Cabinet, may remove any appointed director from office:

(a) For disability, neglect of duty, misconduct or bankruptcy; or

(b) If the Minister is satisfied that the director has permanently left Samoa.

(3) If any appointed director dies or resigns, or is removed from office, the director's office shall become vacant and the vacancy shall be filled in the manner in which appointment to the vacancy office was made.

(4) Any person appointed to fill an extraordinary vacancy shall be appointed for the residence of the term for which the vacating member was appointed.

6. Deputies of members - (1) Each of the Minister, the Chief Executive Officer of the Ministry of Finance and the Chief Executive Officer of the Ministry of Commerce, Industry and Labour may appoint a deputy to attend a meeting of the Board which because of illness, absence or other good cause, he or she is unable to attend.

(2) Where an appointed director is temporarily incapacitated by illness, or for other good reason cannot attend a meeting, the Minister may appoint a person to attend the meeting as a deputy of that director.

(3) No deputy shall act as Chairperson of the Board.

(4) The appointment of any deputy and any act done by the deputy or done by the Board while a deputy is acting as such shall not be questioned in any proceedings on the ground that the occasion for his or her appointment had not arisen or had ceased.

7. Meetings of the Board - (1) Meetings of the Board shall be held at such times and at such places as the Board or the Chairperson shall from time to time determine.

(2) The Chairperson shall convene a meeting whenever required to do so in writing by any four members of the Board.

(3) At any meeting of the Board, seven members shall from a quorum.

(4) The Chairperson shall preside at every meeting at which he or she is present.

(5) If the Chairperson is for any reason absent from a meeting, the Parliamentary Under-Secretary shall be preside, and in the event that both the Minister and the Parliamentary Under-Secretary are absent the Directors shall appoint one of their number to be Chairperson of that meeting.

(6) Every question arising at a meeting shall be decided by a majority of the votes of the members present and voting.

(7) At every meeting the Chairperson or other director presiding shall have a deliberate vote and in the case of an equality of votes, the Chairperson shall also have a casting vote.

(8) Subject to the provisions of this Act, the Board may regulate its own procedure in such manner as it thinks fit.

(9) No act or proceeding of the Board shall be invalidated merely by reason of the existence of a vacancy or vacancies among the directors.

8. Remuneration of appointed directors - Every appointed director shall be paid such remuneration and allowances as may from time to time be fixed by Cabinet.

9. Disclosure of conflicting interest - (1) Any director who, otherwise than as a director, is directly or indirectly interested in any matter being considered or about to be considered by the Board, shall as soon as possible after the relevant facts have come to the director's notice, disclose the nature of his or her interest at a meeting of the Board.

(2) A disclosure under this section shall be recorded in the minutes of the meeting of the Board and the director shall not take part after the disclosure in any deliberation or decisions relating to that matter, but shall be counted as present for the purpose of forming a quorum of the Board for any such deliberation or decisions.

PART III

FUNCTIONS AND POWERS OF THE AUTHORITY

10. Functions - The functions of the Authority shall be:

(a) To encourage visits to Samoa by people from other countries and travel and holidays within Samoa by people from Samoa or other countries;

(b) To encourage the development and improvement of facilities for tourists;

(c) To co-ordinate the activities of persons providing services for tourists;

(d) To advise the Government on all matters relating to tourism; and

(e) To prepare, implement and maintain a comprehensive tourism development plan for Samoa.

11. Powers - (1) The Authority shall have all the powers and authorities necessary for the effective performance of its functions.

(2) Without limiting the generality of subsection (1), the Authority shall have the following specific powers:

(a) To engage in, or arrange for publicity in relation to Samoa, by any appropriate means of communication, with particular reference to the tourist attractions and facilities of Samoa;

(b) To induce and assist travel agents, transport operators and other appropriate bodies or persons to encourage people in other countries to visit and travel in Samoa and to encourage people in Samoa to travel in Samoa;

(c) To produce or cause to be produced, and to sell or distribute free of charge magazines, pamphlets and other publications and advertising matter;

(d) To collect information in relation to any relevant matter and to distribute or supply, with or without charge any such information or the results of, or conclusions drawn from the Authority's consideration of any such information;

(e) To advise the Government or any relevant Government Department on any matter relating to any proposal to establish or develop or improve tourist facilities or tourist attractions;

(f) To act as agent for any person or organisation where the Minister considers it necessary or expedient to do so;

(g) To classify premises offering tourist accommodation according to the standards of facilities, amenities and services provided in such premises;

(h) To establish, maintain, provide and operate buildings, services, attractions, amenities and facilities for tourists and the public;

(i) To encourage and assist in any scheme for the training of persons to work in the tourist industry;

(j) To co-operate with any person or persons, whether incorporated or not and whether in Samoa or elsewhere or any Government Department that may be engaged, concerned or interested in the promotion of tourist traffic to or within Samoa, and to contribute to the expenses involved in such co-operation;

(k) To do anything incidental to the exercise of the foregoing powers.

(3) Cabinet may give directions to the Authority with respect to matters of policy, including directions with respect to the general nature and extent of the operations of the Authority, and the Board shall comply with any such direction.

PART IV

MANAGEMENT AND EMPLOYEES

12. General Manager - (1) The Minister, acting on the advice of Cabinet, shall from time to time appoint a General Manager of the Authority.

(2) The General Manager shall be the chief executive officer of the Authority and, subject to the provisions of this Act and to any regulations made under this Act and to the general direction of the Board, shall be charged with the control and management of the operations of the Authority.

(3) The General Manager shall be appointed for the period not exceeding 3 years and on such other terms and conditions as may be specified in the appointment.

(4) The General Manager may from time to time be re-appointed.

(5) The General Manager shall not engage in any other business or occupation without the prior written consent of the Board.

13. Officers and employees - The Board may appoint and employ at such remuneration and on such terms and conditions as it may determine, such officers and employees as the Board may consider necessary for the due performance of the functions of the Board.

14. Delegation of powers by the Board - (1) The Board may from time to time appoint committees consisting of any three directors, officers or employees of the Board or other persons.

(2) Subject to this Act and to any directions given to it by the Board, every committee may regulate its procedure in such manner as it sees fit.

(3) The Board may from time to time delegate to any of its committees, or to any director or directors, or to the General Manager, any of its powers under this Act.

(4) Subject to any general or special directions given to it or to him by the Board, any committee, or person or persons to whom any powers are so delegated may exercise those powers in the same manner and with the same effect as if they have been conferred on it or them directly by this Act and not by delegation.

(5) No such delegation shall prevent the exercise by the Board itself of any of the powers conferred on it by this Act or by any regulation.

(6) Every person purporting to act under any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting within the terms of the delegation.

(7) Any delegation pursuant to this section may at any time be revoked by the Board in whole or in part, but the revocation shall not affect in any way any act or thing done under the delegated authority.

PART V

FINANCE

15. Gifts to the Authority - Any local authority or other public body, any public corporation, any company or other incorporated body, any unincorporated body of persons, or any other person or persons may unless expressly prohibited by any Act or instrument of trust affecting the donor, make donations or gifts to the Authority and the Authority may accept any such donations or gifts.

16. Funds of the Authority - The funds of the Authority shall comprise:

(a) All money received by the Authority out of money appropriated by Parliament for the purpose of the Authority;

(b) All money that may be donated or given to the Authority or that may be otherwise lawfully payable to the Authority;

(c) All money received by the Authority by way of fees or otherwise in respect of the performance and exercise of any of the functions and powers of the Authority; and

(d) All accumulations of money belonging to the Authority.

17. Accounts - The Authority shall keep full and correct accounts of all money received and expended by it.

18. Audit of Accounts - (1) Within three months after 31 December in each year, the Authority shall cause to be prepared full and true statements and accounts of all its income and expenditure in that year and of its assets and liabilities at the end of that year.

(2) The accounts of the Authority shall be audited by the Controller and Chief Auditor of the Government of Samoa or by any other auditor authorised by him or her for the purpose.

19. Annual report - (1) Within four months after 31 December in each year, the Authority shall furnish to Cabinet a report of its proceedings and operations for the year ending 31 December, together with a copy of its audited accounts for that year.

(2) The Minister shall lay copies of the Authority's report and of the audited accounts, before the Legislative Assembly within 28 days after the same have been furnished to Cabinet, if the Legislative Assembly is then in session, or if it is not, then within 28 days after the commencement of the next ensuing session.

19A. Governance, Accounts and Annual Report - Despite the provisions of this Act the Authority shall be subject to the provisions of the Public Finance Management Act 2001 and the Public Bodies (Performance and Accountability) Act 2001 and in case of any inconsistency between this Act and these Acts the provisions of these Acts shall prevail.

PART VI

APPROVAL OF STANDARDS OF FACILITIES

20. Applications for a business licence - (1) No person shall apply for a licence under the Business Licences Act to carry on any business or calling specified in the Schedule, unless the person has obtained from the Authority its approval in writing, to such an application and lodges the approval with the Commissioner or Inland Revenue at the time he or she makes an application for a licence.

(2) Any person who is desirous of obtaining the approval of the Authority under subsection (1), may apply to the Authority for its approval and shall supply to the Authority, with his or her application, the following information:

(a) Full name, address and present occupation or main business of the applicant, and, if the applicant is a public or private company, where incorporated;

(b) Full name of the proposed business or calling;

(c) The nature of the proposed business or calling;

(d) The extent to which the applicant has had previous experience in the proposed business or calling;

(e) The number of existing enterprises providing a similar facility, amenity or service;

(f) The estimated sources, amounts, form (cash or otherwise) and purposes of the capital intended to be expended on the business or calling during each of the first ten years of operation;

(g) A description and estimate of the cost of any physical structures to be erected, and of capital equipment, includes vessels and vehicles, to be purchased;

(h) The locality in which the business or calling is proposed to be carried on;

(i) The terms and conditions under which workers will be employed, including salaries, wages and any provisions for amenities and housing of the workers, and the numbers of Samoan and of other workers intended to be employed initially and during each of the first ten years of operation, and a description of the duties of each employee;

(j) Any feasibility study which has been prepared with respect to the proposed business or calling;

(k) The date upon which it is proposed the business or calling will commence operations;

(l) A copy of the application under the Business Licences Act which the applicant propose to lodge with the Commissioner of Inland Revenue;

(m) Such other information as the Authority may require.

(3) The Authority may grant its approval if it is satisfied that:

(a) The business or calling will be a benefit to the overall development of tourism in Samoa; and

(b) The business or calling will not unduly affect any existing business or calling of the same nature in Samoa.

(4) Any person authorised in writing by the Authority shall have the right to inspect any facilities and amenities, including any premises, vehicles or vessels, which an applicant proposes to use in connection with such a business or calling referred to in the Schedule.

(5) Any person who obstructs or hinders a person referred to in subsection (3) in the exercise of his powers under that subsection commits an offence and shall be liable on conviction to a fine not exceeding 5 penalty units.

(6) Any person who fails to comply with subsection (1) commits an offence and shall be liable on conviction to a fine of 5 penalty units and if such person is the holder of a licence under the Business Licences Act to carry on any business or calling specified in the Schedule, the Court shall cancel the licence.

21. Standards of facilities, amenities and services - (1) This section applies to any person carrying on any business or calling which in any way relates to the provision of facilities, amenities or services to persons travelling to or in Samoa.

(2) A person may lodge with the Authority information, brochures, pamphlets, and other publication concerning the business or calling carried on by such person, and the Authority may make available or distribute the same to the public.

(3) A person may request the Authority from time to time to inspect the facilities and amenities, including premises, boats and vehicles, used in the business or calling carried on by such person, or to evaluate the services provided by such person.

(4) Upon an inspection or evaluation being made pursuant to subsection (3), the Authority may issue to such person a certificate in such form as the Board may determine, certifying that the facilities and amenities, or the service as the case may be, are recommended by the Authority, and in the case of premises for accommodation, may in addition certify the classification of such premises as determined by the Board, having regard to the standard of the accommodation and ancillary services available in such premises.

(5) Any certificate issued under this section:

(a) Shall continue in force for a period of 12 months from the date of its issue;

(b) Shall remain the property of the Authority; and

(c) May be withdrawn at any time.

(6) Where the Board has issued a certificate under this section, and the certificate has not expired, the Authority may from time to time authorise any person to inspect the facilities and amenities or to evaluate the services in respect of which the certificate has been issued.

(7) Any person who obstructs or hinders a person referred to in subsection (6) in the exercise of his powers under that subsection commits an offence and shall be liable on conviction to a fine not exceeding 5 penalty units.

(8) Where any inspection or examination is made under this section, the Authority may advise the person carrying on the business or the calling, of the manner in which the facilities and amenities used by such person or the services provided by him or her may be improved.

PART VII

MISCELLANEOUS

22. Secrecy - (1) No director, officer or employee of the Authority shall disclose to any person any material information relating to the affairs of the Authority or of any other person which he or she has acquired in the performance of duties under this Act, except where disclosure is lawfully required for the purpose of the performance of his or her duties or is lawfully required by any Court.

(2) Any person who contravenes this section commits an offence and shall be liable on conviction to fine not to exceed 10 penalty units.

22A. Saving- (l) All rights, entitlements, obligations and liabilities, whatsoever and howsoever described, to which former Samoa Visitors Bureau is or was a party at the commencement of the Samoa Tourism Authority Act 2002 shall continue in the name of the Corporation until the Authority resolves otherwise according to law.

(2) All contracts and legal proceedings to which the former Samoa Visitors Bureau was a party at the commencement of the Samoa Tourism Authority Act 2002 shall continue as if made or taken by the Corporation.

(3) All approvals given by the former Samoa Visitors Bureau are saved.

(4) All monies owed to the former Samoa Visitor Bureau and unpaid remain payable to the Authority and may be recovered by the Authority.

23. Regulations – (1) The Head of State, acting on the advice of Cabinet, may make such regulations as may be necessary or expedient for giving full effect to this Act, and for the due administration thereof.

(2) Any reference to the Samoa Visitors Bureau or Bureau in any regulations made under any law shall be read and construed for all purposes as a reference to the Authority unless the context requires otherwise.

SCHEDULE

Accommodation housekeeper, being a person other than a hotelier.

Boat operator, being a person who conducts sightseeing tours by boat or yacht or hires out boats or yachts for pleasure.

Coach operator, being a person who conducts sightseeing tours by coach or arranges the transport of travellers by coach.

Hotelier.

Rental Car operator.

Travel agency operators.

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

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

The following amendments have been made to specific sections of the Act to incorporate amendments made by Act of Parliament passed since the publication of the Western Samoa Statutes Reprint 1978-1996 –

By the Western Samoa Visitors Authority Amendment Act 1997 -

Section 3 Subsection (3) was repealed and replaced with the form stated in the amending Act (which was later amended in 2001). (Note: references to "Financial Secretary" and to "Secretary for Trade, Commerce and Industry" have been amended to their current titles as Chief Executive Officers.)

Section 6 The title of "Director of Economic Development" has been replaced by the current title of the CEO of MCIL.

By the Membership of Statutory Boards and Authorities Act 2001 -

Section 3 Subsection (3)(d) was deleted and replaced it with the form.

By the Samoa Tourism Authority Act 2002 -

The short title of the former Samoa Visitors Bureau Act was changed to the current title of the Samoa Tourism Authority Act.

An amendment to this effect was made to the long title in section 1 of the Act.

All headings and sections were amended to delete the word "Bureau" and to substitute it with "Authority" throughout the Act.

Section 3 This section was repealed and replaced by its current form.

Section 7 The number "4" in subsection (3) was replaced by "7". In subsection (5) all words after "a meeting" were deleted and replaced by the current wording.

Section 19A This new section was inserted.

Section 22A This new section was inserted.

Section 23 The existing wording was made subsection (1) and a new subsection (2) was inserted in its current form.

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 Graham Bruce Powell
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.

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 Tourism Authority Act 1984 is administered in the Ministry of Commerce, Industry and Labour.