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Foreign Affairs Act 1976

SAMOA

FOREIGN AFFAIRS ACT 1976

Arrangement of Provisions

1. Short title
2. Interpretation
3. Minister of Foreign Affairs
4. Functions of Minister
5. Chief Executive Officer and other officers
6. Appointment of overseas representative

7. Duties of an overseas representative
8. Delegation of powers of Public Service Commission
9. Salaries and allowances
10. Regulations
    

FOREIGN AFFAIRS ACT 1976

1976 No.6

AN ACT to make provision for the administration of foreign affairs.

[Assent and commencement date: 23 August 1976]

1. Short title - This Act may be cited as the Foreign Affairs Act 1976.

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

“Chief Executive Officer” means the Chief Executive Officer appointed under this Act;

“Minister” means the Minister charged with the administration of this Act;

“overseas representative” means a diplomatic or consular representative for Samoa or a representative of the Government of Samoa in any other country, and includes a High Commissioner for Samoa in any other country.

3. Minister of Foreign Affairs - The Prime Minister may charge any Minister of Government with the administration of this Act, or may retain in the Prime Minister’s charge the responsibility of this Act.

4. Functions of Minister - The Minister is charged with the administration of this Act and generally with the administration and conduct of the foreign affairs of Samoa, including relations with other countries, communications between the Government of Samoa and other Governments, the representation of Samoa in other countries, the representation of other countries in Samoa, and relations and communications with the United Nations and its specialised agencies and special bodies, inter-Governmental agencies, and all other international institutions.

5. Chief Executive Officer and other officers - (1) There may be appointed as an officer of the Public Service a Chief Executive Officer, who shall, under the control of the Minister, exercise and perform such administrative and other functions relative to foreign affairs as the Minister may determine, and who may hold any office in the Public Service not incompatible therewith.
(2) There may also be appointed such other officers of the Public Service as may be deemed necessary to assist the Chief Executive Officer in the execution of his or her office.

6. Appointment of overseas representative - (1) The post of an overseas representative is designated a special post for the purpose of and subject to the provisions of Article 87(3) of the Constitution of the Independent State of Samoa.
(2) The Head of State, acting on the advice of Cabinet, may carry out the following:

(a) appoint any suitable person (whether an officer of the Public Service or not) to be an overseas representative for such term not exceeding 3 years, as the Head of State may specify;

(b) reappoint any such person for such term, not exceeding 3 years, as the Head of State may specify;

(c) for any specified reason remove any overseas representative from office.
(3) A person who was an officer of the Public Service immediately before his or her appointment under this section is entitled on the expiration of that appointment to be reappointed to the Public Service by the Public Service Commission on terms and conditions no less favourable than those attached to the position held by that person in the Public Service at the time of his or her appointment under this section.
(4) An overseas representative may resign from office by notice in writing to that effect addressed to the Minister.

7. Duties of an overseas representative - An overseas representative for Samoa in any other country:

(a) shall act as the representative of Samoa in that other country and as a channel of communication between the Governments of Samoa and of that other country;

(b) shall carry out such instructions as he or she receives from the Minister or the Chief Executive Officer in relation to the political, economic, and general interests of Samoa in that other country;

(c) shall exercise such powers and perform such other duties as are conferred upon or assigned to him or her by the Minister.

8. Delegation of powers of Public Service Commission - For the purposes of this Act, the Public Service Commission may from the commencement of this Act delegate to the Minister all of the powers exercisable by the Commission under Article 87(1) of the Constitution.

9. Salaries and allowances - The salaries and allowances of all overseas representatives appointed under this Act shall be paid out of money appropriated by Parliament for the purpose.

10. Regulations - The Head of State, acting on the advice of Cabinet, may make regulations for all or any of the following purposes:

(a) determining the conditions of service of overseas representatives and of officers appointed in accordance with this Act to assist overseas representatives;

(b) authorising the Minister to determine the fees to be taken in respect of any matter or thing done in the execution of his or heroffice by an overseas representative and the conditions upon which exemptions from or reductions of any such fees may be granted.

REVISION NOTES 2008-2011

The following general revisions have been made:

The following general revisions have been made:

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

(b) Insertion of the commencement date

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

(i) Present tense drafting style:

• “shall be” changed to “is/are”
• “shall be deemed” changed to “is/are taken”
• “is hereby empowered as” changed to “may”
• “hereby” and “from time to time” (or “at any time”) removed

(ii) Removal/replacement of obsolete and archaic terms with plain language - “pursuant to” or changed to “under”

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

This Act has been consolidated and revised in 2008, 2009, 2010 and 2011 by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is the official version of this Act as at 31 December 2011. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Aumua Ming Leung Wai
Attorney General of Samoa

Revised and consolidated in 2008 by the Legislative Drafting Division under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel)

Revised in 2009, 2010 and 2011 by the Legislative Drafting Division under the supervision of Papalii Malietau Malietoa (Parliamentary Counsel).

The Foreign Affairs Act 1976 is administered by the Ministry of the Prime Minister.