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Consolidated Acts of Samoa 2012 |
SAMOA
ACTS INTERPRETATION ACT 1974
Arrangement of Provisions
ACTS INTERPRETATION ACT 1974
1974 No. 9
AN ACT to consolidate the law relating to the interpretation of legislative enactments.
[Assent and commencement date: 3 September 1974]
1. Short title – This Act may be cited as the Acts Interpretation Act 1974.
2. Act to apply to all Acts of Parliament – This Act, and a provision of it, shall extend and apply to an Act of the Parliament of Samoa heretofore or that may hereafter be passed, except in so far as a provision hereof is inconsistent with the intent and object of any such Act, or the interpretation that a provision hereof would give to a word, expression, or section in any such Act is inconsistent with the context, and except in so far as a provision hereof is inconsistent with a particular definition or interpretation contained in any such Act.
3. Declaration that Act applies unnecessary – It is not necessary to insert in an Act a declaration that this Act applies to that Act in order to make this Act so apply.
4. General interpretation of terms – (1) In an Act of Parliament, if not inconsistent with the context thereof respectively, and unless there are words to exclude or to restrict such meaning, the words and phrases following shall severally have the meanings hereinafter stated, that is to say:
“Act” means an Act of Parliament, and includes all rules and regulations made under that Act;
“Cabinet” means the Cabinet of Ministers constituted under Article 32 of the Constitution;
“commencement”, when used in reference to an Act, means the time at which the Act referred to comes into operation;
“company” or “association”, where used in reference to a corporation, includes the successors and assigns of such company or association;
“constable” means a sworn officer of any rank;
“Constitution” means the Constitution of the Independent State of Samoa;
“financial year” means, as respects any matters relating to the Public Account, or to money provided by Parliament, or to public taxes or finance, the period of 12 months ending on the expiration of the 31st day of December;
“Gazette” or “Samoa Gazette” means the Gazette published by or under the authority of the Government of Samoa, and includes a publication of the Savali;
“Gazetted” means published in the Gazette;
“holiday” includes Sundays, Christmas Day, New Year's Day, Good Friday, and a day declared by or under an Act to be a public holiday;
“Legislative Assembly” means the Legislative Assembly constituted under Article 44 of the Constitution;
“minor” means a person under the age of 21 years;
“month” means calendar month;
“oath” and “affidavit” include affirmation and statutory declaration: “swear” includes “affirm” and “declare” in the case of persons allowed by law to affirm or declare instead of swearing, or in any case of voluntary and other declarations authorised or required by law;
“Parliament” means Legislative Assembly of Samoa in Parliament assembled;
“person” includes a corporation sole, and also a body of persons, whether corporate or unincorporated;
“prescribed” means prescribed by the Act in which that term is used, or by regulation made under the authority of that Act;
“public notification” or “public notice” in relation to a matter not specifically required by law to be published in a particular manner, means a notice published in the Gazette, or in 1 or more newspapers circulating in the place or district to which the act, matter, or thing required to be publicly notified relates or refers, or in which it arises;
“regulations” means regulations made under an authority contained in an Act;
“Savali” means the publication published under that name and under the authority of the Government containing such notices as are required by a law to be published in the Savali, or as directed by the Government to be inserted in the Savali;
“Supreme Court” means the Supreme Court of Samoa;
“territorial limits of Samoa” and “limits of Samoa” and analogous terms mean the outer limits of the territorial sea of Samoa;
“territorial sea of Samoa” has the same meaning as in the Maritime Zones Act 1999; and in all Acts passed before the commencement of this definition, unless the context otherwise requires, the terms “territorial waters of Samoa”, “Samoa waters” and analogous terms have the same meaning as the term “territorial sea of Samoa”;
“Samoa” means the Independent State of Samoa;
“writing”, “written, or a term of like import, includes words printed, typewritten, painted, engraved, lithographed,
or otherwise traced or copied;
(1A) Words importing the singular number include the plural number, and words importing the plural number include the singular number,
and words importing the masculine gender include females.
(1B) Words referring to a country, locality, district, place, body, corporation, society, officer, office, functionary, person, party,
or thing to whom or to which the provision is applicable.
(1C) The name commonly applied to a country, locality, district, place, body, corporation, society, officer, office, functionary, person,
party, or thing means such country locality, district, place, body, corporation, society, officer, office, functionary, person, party,
or thing, although such name is not the formal and extended designation thereof.
(2) Where a provision of an Act makes reference to the “Gazette” or the “Samoa Gazette” or “the Gazette
and the Savali”, or words to that effect, the reference is taken to mean the Gazette or the Savali and the publication of a
notice in either the Gazette or the Savali is, for all purposes, sufficient publication of the notice.
5. General rules of construction – The following provisions have effect in relation to an Act, except in cases where it is otherwise specially provided:
(a) an Act shall be divided into sections if there are more enactments than 1, which sections are taken to be substantive enactments, without any introductory words;
(b) an Act passed in amendment or extension of a former Act shall be read and construed according to the definitions and interpretations contained in the former Act; and the former Act (except so far as the same are altered by or inconsistent with the amending Act or Acts) extends and applies to the cases provided for by the amending Act or Acts, in the same way as if the amending Act or Acts had been incorporated with and formed part of the former Act;
(c) the law shall be considered as always speaking, and whenever a matter or thing is expressed in the present tense the same shall be applied to the circumstances as they arise, so that effect may be given to an Act and a part thereof according to its spirit, true intent, and meaning;
(d) the preamble of an Act is deemed to be part of the Act, intended to assist in explaining the purport and object of the Act;
(e) the division of an Act into parts, titles, divisions, or subdivisions, and the headings of any such parts, titles, divisions, or subdivisions, is taken for the purpose of reference to be part of the Act, but the headings do not affect the interpretation of the Act;
(f) marginal notes to an Act are taken not to be part of the Act;
(g) a Schedule or Appendix to an Act is taken to be part of the Act;
(h) wherever forms are prescribed, slight deviations therefrom, but to the same effect and not calculated to mislead, do not vitiate them;
(i) an Act, and a provision or enactment thereof, is deemed remedial, whether its immediate purport is to direct the doing of anything Parliament deems to be for the public good, or to prevent or punish the doing of anything it deems contrary to the public good, and shall accordingly receive such fair, large, and liberal construction and interpretation as will best ensure the attainment of the object of the Act and of such provision or enactment according to its true intent, meaning, and spirit;
(j) no provisions or enactment in an Act shall in any manner affect the rights of the Government, unless it is expressly stated therein that the Government shall be bound thereby;
(k) an Act may be altered, amended, or repealed in the same session of Parliament in which it is passed.
6. Application of penal Acts to bodies corporate – In the construction of an enactment relating to an offence, the expression “person” shall, unless the contrary intention appears, include a body corporate.
7. Act to apply to Ordinances, regulations, proclamations, orders, notices, bylaws, and other acts of authority – (1) This Act applies in the same way as it applies to Acts of Parliament, to all Ordinances, rules, regulations, proclamations, orders,
notices, bylaws, and other acts of authority which have the force of law in Samoa.
(2) Where an Act confers a power to make rules, regulations, orders, or other acts of authority, expressions used in any such rules,
regulations, orders, or acts of authority shall, unless the contrary intention appears, have the same meanings as in the Act conferring
the power.
8. Acts assented to, when to come into operation – An Act assented to by the Head of State that does not prescribe the time from which it is to take effect comes into operation on the day on which it is assented to.
9. Clerk of the Legislative Assembly to insert in Acts the day of assent and commencement date – The Clerk of the Legislative Assembly shall insert in an Act, immediately after the long title of the Act, the day, month, and year when the same is assented to by the Head of State, and the date is taken to be a part of the Act, and to be the date of commencement where no other commencement is provided in the Act.
10. Time of commencement – (1) Where in an Act it is expressly provided that the Act comes into operation on a particular day, the Act is taken to come into operation
immediately on the expiration of the previous day.
(2) When an Act or a provision of an Act is expressed to take effect “from” a certain day, the Act, unless a contrary intention
appears, takes effect immediately on the commencement of the next succeeding day.
11. Exercise of statutory powers between passing and commencement of an Act – Where an Act that is not to come into operation immediately on the passing of the Act confers power to make an appointment, to make or issue an instrument (that is to say, a proclamation, order, warrant, scheme, rules, regulations, or bylaws), to give notices, to prescribe forms, or do anything for the purposes of the Act, that power may, unless the contrary intention appears, be exercised at any time after the passing of the Act, so far as may be necessary or expedient for the purpose of bringing the Act into operation at the date of the commencement of the Act, subject to this restriction: that an instrument made under the power shall not, unless the contrary intention appears in the Act or the contrary is necessary for bringing the Act into operation, itself come into operation until the Act comes into operation.
12. Gazetting of Acts unnecessary – It is not necessary to gazette the Acts of Parliament, but copies of all Acts shall be procurable by purchase at the office of the Clerk of the Legislative Assembly.
13. Acts may be cited by short titles – An Act and an Ordinance having a short title may for all purposes be cited by the short title.
14. Citation of Acts not having short title - In citing or making reference to an Act not having a short title, it is not necessary to recite the title of the Act, nor the provision of a section referred to, but it is sufficient for all purposes of such citation or reference, to cite the year in which such Act was made, together with the number of the Act.
15. Reference to be made to copies printed by authority – The reference to an Act shall, in all cases, be made, according to the copies of such Acts and Ordinances published or purporting to be published by the Government Printer or under the authority of the Legislative Assembly or of the Speaker of the Assembly.
16. Citation of Act includes citation of amendments – A reference to or citation of an Act includes in it the citation of all subsequent enactments passed in amendment or substitution of the Act so referred to or cited, unless it is otherwise manifested by the context.
17. Citation of regulations includes citation of amendments – In any Act, unless the context otherwise requires, references to any regulations cited by their title include references to all subsequent regulations made in amendment to the regulations or in substitution of regulation and for the time being in force.
18. Citation of portion of Act includes first and last words – A description or citation of a portion of an Act is inclusive of the first and last words, section, or other portion of the Act so described or cited.
19. General provisions as to repeals – The provisions following shall have general application in respect to the repeals of Acts, except where the context manifests that a different construction is intended, that is to say:
(a) the repeal of an Act wholly or in part does not prevent the effect of a saving provision in the Act, and does not revive an enactment previously repealed, unless words be added reviving such last-mentioned enactment;
(b) the repeal of an enactment does not affect an Act in which such enactment has been applied, incorporated, or referred to;
(c) whenever any provisions of an Act are repealed, and other provisions are substituted in their place, the provisions so repealed remain in force until the substituted provisions come into operation;
(d) where an Act consolidating the law on any subject repeals an Act relating to that subject, and contains provisions substantially corresponding to those of the repealed Act for the constitution of districts or offices, the appointment of officers, the making or issuing of proclamations, orders, warrants, certificates, rules, regulations, bylaws, or for other similar exercise of statutory powers, all such powers duly exercised under the repealed Acts and in force at the time of the repeal shall, in so far as they are not inconsistent with the repealing Act, continue with the like operation and effect as if they had been exercised under the corresponding provisions of the repealing Act;
(e) the repeal of an Act or the revocation of a rule, regulation, or bylaw at any time does not affect:
(i) the validity, invalidity, effect, or consequences of anything already done or suffered; or
(ii) an existing status or capacity; or
(iii) a right, interest, or title already acquired, accrued, or established, or any remedy or proceeding in respect thereof; or
(iv) a release or discharge of or from a debt, penalty, claim, or demand; or
(v) an indemnity; or
(vi) the proof of any past act or thing; or
(vii) a right to any Government revenues or any charges thereupon, or any duties, taxes, fees, fines, penalties, or forfeitures, or prevent any such Act, or regulation from being put in force for the collection or recovery of any such revenues, charges, duties, taxes, fees, fines, penalties, or forfeitures, or otherwise in relation thereto;
(f) the repeal of an Act shall not revive anything not in force or existing at the time when the repeal takes effect;
(g) an enactment, despite the repeal thereof, shall continue and be in force for the purpose of continuing and perfecting under such repealed enactment an act, matter, or thing, or any proceedings commenced or in progress thereunder, if there be no substituted enactments adapted to the completion thereof;
(h) despite the repeal or expiry of an enactment, a power and an act which may be necessary to complete, carry out, or compel the performance of a subsisting contract or agreement lawfully made, entered into, or commenced under such enactment may be exercised and performed in all respects as if the enactment continued in force; and all offences committed, or penalties or forfeitures incurred, before such repeal or expiry may be prosecuted, punished, and enforced as if such enactment had not been repealed or had not expired.
20. Reference to repealed Act in unrepealed Act – (1) In a unrepealed Act in which reference is made to a repealed Act, the reference shall be construed as referring to a subsequent enactment
passed in substitution for such repealed Act, unless it is otherwise manifested by the context.
(2) All the provisions of such subsequent enactment, and of an enactment amending the same, are, as regards a subsequent transaction,
matter, or thing, taken to have been applied, incorporated, or referred to in the unrepealed Act.
21. Pending judicial proceedings not affected by expiration of Act – The expiration of an Act does not affect any judicial proceedings previously commenced under that Act, but the judicial proceedings may be continued and everything in relation to the proceedings be done in all respects as if the Act continued in force.
22. Citation of authority under which a proclamation, warrant, order or other instrument is made – Where by an Act the Head of State or an officer or person named therein, is empowered to make or issue a proclamation, order, warrant, or other instrument, it is sufficient to cite therein the particular Act authorising the making or issuing of the same; and it is not necessary to recite or set forth therein any facts or circumstances or the performance of any conditions precedent upon which such power depends or may be exercised.
23. Provisions as to time, distances, appointments, powers and offences. – In an Act, unless the context otherwise requires:
(a) if the time limited by an Act for any proceeding, or the doing of anything under its provisions, expires or falls upon a holiday, the time so limited shall be extended to and such thing may be done on the day next following which is not a holiday: and all further changes of time rendered necessary by any such alteration may also lawfully be made;
(b) if in an Act a period of time dating from a given day, act, or event is prescribed or allowed for a purpose the time shall, unless a contrary intention appears, be reckoned as exclusive of that day or of the day of that act or event;
(c) in the measurement of a distance for the purposes of an Act that distance shall, unless a different intention appears, be measured in a straight line on a horizontal plane;
(d) words directing or empowering a responsible Cabinet Minister to do an act or thing, or otherwise applying to the Minister by his or her title of office, include a Cabinet Minister acting for, or, if the office is vacant, in the place of such Minister, and also the Minister’s successors in such office, and words directing or empowering any other public officer or functionary to do an act or thing, or otherwise applying to him or her by his or her name of office, include the successors in such office, and the officer or functionary’s lawful deputy;
(e) words authorising the appointment of a public officer or functionary, or a deputy, include the power to remove or suspend the officer, or reappoint or reinstate the officer, or appoint another in his or her stead, in the discretion of the authority in whom the power of appointment is vested, and in like manner to appoint another in the place of a deceased, absent, or otherwise incapacitated holder of such appointment;
(f) power given to do an act or thing, or submit to a matter or thing, or to make an appointment, is capable of being exercised, as occasion may require, unless the nature of the words used or the thing itself indicates a contrary intention;
(g) power given to make rules, orders, regulations or bylaws includes the power to revoke the same absolutely, in whole or in part, or revoke and vary the same in part or in whole and substitute others, unless the terms or the nature and object of the power indicate that it is intended to be exercised either finally in the first instance, or only under certain restrictions, and also includes the power to prescribe a fine or penalty for the breach of any such rules, orders, regulations or bylaws;
(h) where an act or omission constitutes an offence under more Acts or sections of an Act than 1, the offender is liable to be prosecuted and punished under any 1 of those Acts or sections, but is not liable to be punished twice for the same offence;
(i) power given to do an act or thing, or to make an appointment, is capable of being exercised as often as is necessary to correct
an error or omission in a previous exercise of the power, despite that the power is not in general capable of being exercised.
24. Regulations not invalid because of discretionary authority – No regulation is deemed to be invalid on the ground that it delegates to or confers on the Head of State or on a Minister
of Cabinet or on any other person or body a discretionary authority.
25. Rules of Court – (1) In an Act, “rules of Court”, when used in relation to a Court, means, unless a contrary intention appears, rules made
by the authority having power to make rules or orders regulating the practice and procedure of that Court.
(2) The power of the authority to make rules of Court shall, unless the contrary intention appears, include a power to make rules of
Court for the purpose of an Act which directs or authorises anything to be done by rules of Court.
26. Foregoing rules to apply to this Act – This Act applies to the construction hereof, and to the words and expressions used herein.
27. Repeal - The Acts Interpretation Act 1924 (N.Z.) is repealed as part of the law of Samoa.
REVISION NOTES 2008 – 2012
This Act has been revised under section 5 of the Revision and Publication of Laws Act 2008.
The following general revisions have been made:
(a) Amendments have been made to conform to modern drafting styles and to use modern language as applied in the laws of Samoa.
(b) Amendments have been made to up-date references to offices, officers and statutes.
(c) Insertion of the commencement date (being the date of assent by the Head of State)
(d) Other minor editing has been done in accordance with the lawful powers of the Attorney General.
(i) “shall be deemed” changed to “is taken”
(ii) “from time to time”, “for the time being” and “hereby” deleted
(iii) “member” or “member of board” changed to “director”
(iv) “shall have” changed to “has”
(v) “pursuant to” changed to “under”
(vi) “the provisions of” deleted where appropriate
(vii) “each”, “any” and “every” changed to “a” or “an where appropriate
(viii) “etc.” deleted and provided complete sentences
(ix) Numbers in words changed to figures
There were no amendments to this Act since the Consolidated and Revised Statutes of Samoa 2007.
This Act has been consolidated and revised in 2008, 2009, 2010, 2011 and 2012 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 2012.
Revised in 2012 by the Legislative Drafting Division.
The Acts Interpretation Act 1974
is administered by the Office of the Attorney General.
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