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Samoa Sessional Legislation |
SAMOA
Miscellaneous
Fees
Amendment
1998, No.
16
Arrangement of Provisions
1. Short title and commencement
2. Credit Union Ordinance 1960
3. Incorporated Societies Ordinance 1952
4. Industrial Designs Act 1972
5. Land and Titles Act 1981
6. Patents Act 1972
7. Trademarks Act 1972
8. Companies Act 1955
9. Business Licences Ordinance 1960
10. Road Traffic Ordinance 1960
11. Arms Ordinance 1960
12. Gaming Act 1978
13. Police Offences Ordinance 1961
14. Customs Act 1977
15. Lands and Titles Investigation Act 1966
------------------------------------------------------------------
AN ACT
to amend the fees payable to government in various Acts of
Parliament.
[19 June 1998]
BE 1T
ENACTED by the Legislative Assembly of
Samoa in Parliament assembled as
follows:-
1.
Short title and commencement-(1) This Act
may be cited as the Miscellaneous Fees Amendment Act 1998 and shall form part of
and be read with the respective enactments that are amended by
it.
(2) This Act shall come into
force on the date that it is assented to by the Head of
State.
2.
Credit Union Ordinance 1960 - Section 67
of the Credit Union Ordinance 1960 is amended by prescribing the following
amended fees:
"For filing a Memorandum of Association
$45.00
Fee for Certificate of Incorporation
$45.00
Fee for filing Annual Return
$30.00"
3.
Incorporated Societies Ordinance 1952 -
The Second Schedule to the Incorporated Societies Ordinance is repealed and
replaced with the following:
"SECOND
SCHEDULE Section
6(b)
Table of Fees
payable to the Register
|
Fee on application for
registration
|
$45.00
|
|
Fee for certificate of
incorporation
|
$45.00
|
|
Fee for alteration of
rules
|
$24.00
|
|
Fee for certified copy of
extract
|
$24.00
|
|
(if the copy of extract
exceeds 3 folios of 72 words each an additional fee for each additional folio or
part thereof)
|
$3.00 |
|
Fee for any other document
required to be registered
|
$24.00 |
|
Fee for inspection of
Register
|
$12.00
|
|
Fee for inspection of any
document
|
$12.00
|
4.
Industrial Designs Act 1972 - The
Schedule to the Industrial Designs Act 1972 is repealed and replaced with the
following:
"Schedule
Section 9
Fees
|
Item
No.
|
Subject
|
Amount
|
|
1
|
On application for
registration of an industrial design to be applied to a single
article
|
$45.00 |
|
2
|
On application to register
one design to be applied to set of articles
|
$69.00 |
|
3
|
On first application for
renewal
|
$45.00 |
|
4
|
On second application for
renewal
|
$69.00 |
|
5
|
On request to record
assignment, transmission, or licence
contract-
In respect of one design For each additional design |
$24.00 $6.00 |
|
6
|
On alteration of address, or
address for service-
In respect of one design For additional design |
$9.00 $3.00 |
|
7
|
On application for
cancellation
|
$9.00 |
|
8
|
Duplicate certificate of
registration
|
$9.00 |
|
9
|
On application for
annulment
|
$69.00
|
|
10
|
On appeal to the Supreme
Court against decision of the Registrar
|
$45.00 |
|
11
|
For typewritten or
photographic copy of design or document
|
Reasonable cost.” |
5. land
and Titles Act 1981 – The First
Schedule to the Land and Titles Act 1981 is repealed and replaced with the
following:
"FIRST
SCHEDULE
Sections
9(2),15,1.7,68, and 91
|
ITEM
|
ACTION
FOR WHICH FEE PAYABLE
|
AMOUNT
|
|
1
|
Filing petition, to include
of summons and services
|
$40.00
|
|
2
|
Hearing (including sealed
copy of decision to each party)
|
$20.00 |
|
3
|
Each additional copy of
decision
|
$5.00
plus .60 sene
per page |
|
4
|
Application for leave to
appeal, to include order thereon and service of notice to parties
|
$200.00 |
|
5
|
Each single search, per
file
|
$5.00
|
|
6
|
Each general search, per
file
|
$20.00
|
|
7
|
Survey
|
As
ordered by the Court
|
|
8
|
Application for pulefaamau,
or intention to appoint, to include publication in Savaii and petition to
confirm
|
$100.00 |
|
9
|
Hearing on confirmation of
pulefaamau (no objection having been lodged
|
$60.00 |
|
10
|
Survey unless certified for
greater or lesser amount by the President
|
$150.00 |
|
11
|
Objection to
Pulefaamau
|
$70.00
|
|
12
|
Release of Court proceedings
per file
|
$20.00
plus 60 sene per page
|
|
13
|
Priority Hearing Fee (in
addition to item 2)
|
$300.00 |
|
14
|
Adjournment Fee
|
$500.00
|
|
15
|
Registration and Publication
of Matai Titles
|
$40.00 |
|
16
|
Certificate of confirmation
of Matai Title
|
$20.00 |
|
17
|
Interim Orders by Registrar
and president
|
$50.00” |
6.
Patents Act 1912 - The Sixth Schedule to
the Patents Act 1972 is repealed and replaced with the following:
"SIXTH SCHEDULE
Section 15
|
On filing application and
specification for patent or registration of overseas patent
|
$180.00 |
|
Fee to the Attorney-General
for provisional certificate of protection
|
$450.00 |
|
On obtaining letter
patent
|
$225.00
|
|
On lodging
objections
|
$90.00
|
|
Every search and
inspection
|
$27.00
|
|
Registration of assignments
of letters of patent
|
$135.00
|
|
Certificate of registration
issued under section 9
|
$225.00
|
|
Copy of extract of documents
and drawings
|
Reasonable
cost fixed by Registrar
|
|
On filing application and
specification for registration of a New Zealand patent issued prior to 1 January
1962 and for certificate
of registration thereon issued under section 9 in lieu
of the filing and certificate fees above
|
$45.00 |
|
On filing application and
specification for registration of a New Zealand patent issued prior to the
commencement of this Act and
subsequent to 1 January 1962 and for certificate of
registration thereon issued under section 9 in lieu of the filing and
certificate
fees above
|
$225.00” |
7.
Trademarks Act 1972 - The Second Schedule
to the Trademarks Act 1972 is repealed and replaced with the
following:
"SECOND SCHEDULE
Section 24: Proviso
List of Fees Payable
|
On application to register a trade mark or renewal of a trade mark |
$180.00 |
|
On application to register a
series of trade marks under section 12 of this Act or a renewal
thereof:
For the first trade mark For every other trade mark in the series |
$180.00 $60.00 |
|
On application for a
certificate of registration under section 16 of this Act
|
$180.00 |
|
On application for a
certificate of registration under section 16 of this Act of any New Zealand
trade mark registered prior to 1
January 1962 provided application is made
within one year of the commencement of this Act
|
$45.00 |
|
On renewal of registration
of an overseas trade mark
|
$90.00 |
|
On filing an appeal under
section 17 of this Act
|
$90.00
|
|
On application to register
an assignment or transmission
|
$45.00 |
|
For a search under section
4(3)
|
$18.00
|
|
For a certified copy of any
entry in the register
|
$18.00
|
|
For typed or photographic
copy of documents
|
Reasonable
Cost fixed by Registrar”
|
8.
Companies Act 1955 – The first
Schedule to the Companies Act 1955 is repealed and replaced with the
following:
FIRST SCHEDULE
Sections 8, 379, 470
Table of fees to be paid to the Registrar of Companies
(i)
Fees Payable on Registration or on Increase of Capital by a Company Having a
Share Capital:
For registration of
a company whose nominal share capital does exceed $4,000
$126.00
For registration of a
company whose nominal share capital exceeds $4,000. The above fee of $126.00
with the following additional fees,
regulated according to the amount of nominal
share capital, that is to say:
For
every $2,000 of nominal share capital, or part of $2,000 after the
first
$4,000 up to $10,000
$18.00
For every $2,000 of
nominal share capital, or part of $2,000 after the first $10,000 up to
$200,000.00
$4.50
For every $2,000 of
nominal share capital, or part of $2,000 after the first $10,000 up to
$200,000.00
$0.90
For registration of any
increase of share made after the first registration of the company: The same
fees per $2,000, or part of $2,000,
as would have been payable if the increased
share capital had formed part of the original capital as the time of
registration:
Provided that no
company shall be liable to pay in respect of nominal share capital, on
registration or afterwards, any greater amount
of fees than $900.00, taking into
account, in the case of fees payable on an increase of share capital after
registration, the fees
paid on
registration.
For registration of
any existing company, except such companies as are by this Act exempted from
payment of fees in respect of registration
under this Act. The same fee as is
charged for registering a now
company.
(ii)
Fees Payable on Registration or on Increase of Members not having Share
Capital:
For registration of a company
whose number of members as stated in the articles does not exceed 20.
$126.00
For registration of a
company whose number of members as stated in the articles exceeds 20, but does
not exceeds 100
$216.00
For registration of a
company whose number of members as stated in the articles exceeds 100 but is
note stated to be unlimited. The
above fee of $216.00 with an additional $4.50
for every additional 50 members or less after the first
100
For registration of a company
in which the number of members is stated in the articles to be
unlimited
$396.00
For registration of any
increase in the number of members made after the registration of the company, in
respect of every 50 members,
or less than 50 members, of that
increase
$4.50
Provided that no company
shall be liable to pay in the aggregate a greater fee than $500.00 in respect of
its number of members, taking
into account the fee paid on the first
registration of the company.
For
registration of any existing company, exceed such companies as are by this Act
exempted from payment of fees in respect of registration
under this Act. The
same fee as in charged for registering a new
company.
(iii)
Miscellaneous
Fees
For the first certificate of
incorporation:
Where the company
has a nominal share capital exceeding $10,000.00
$180.00
In every other case
$108.00
For any certificate of incorporation after the first
$4.50
For recording any
alteration of the objects of a company
$18.00
For registering under Part
IV of this Act the instrument creating or evidencing any charge required to be
registered thereunder to
be registered thereunder (to be computed in the case of
a series of debentures as on one charge for the total amount secured by the
whole series):
Where the amount of
the charge does not exceed $400.00
$9.00
Where the amount exceeds $400.00 or is not specified
$18.00
Where two or more instruments create or evidence a charge or charges securing the same moneys, for every such instrument after the first.
$4.50
For a certificate of the registration of any charge under Part IV of this Act
$4.50
For registering any satisfactions or partial satisfaction of a charge or release or partial release of property from a charge under Part IV of this Act
$4.50
For a certificate of the satisfaction or release or partial release of a charge under Part IV of this Act
$4.50
For re-registration of a public company as a private company
$90.00
For re-registration of a private company as a public company
$90.00
For registering any document by this Act required or authorised to be registered or required to be delivered, sent, or forwarded to the Registrar and not otherwise charged, delivered to the Registrar by a receiver or manager or the statement required to be sent to the Registrar by a liquidator
$4.50
For making a record of any fact by this Act required or authorised to be recorded by the Registrar and not otherwise charged
$4.50
For a certified copy of or extract from any document
$4.50
For a copy or extract from any document, over and above the fee for certifying the same, for each folio of seventy-two words, not exceeding
$0.50
For every inspection of any document
$1.00
For every inspection of five or more documents relating to a single company
$4.50
9.
Business Licences Ordinance 1960 - The
Business Licences Ordinance 1960 is amended as follows –
(a) By deleting from section 4(1) the words "of $200.00" and replacing them with the words "as prescribed" and
(b) By deleting from section 14(2) the words "an amount of $15" and adding the words "the amount prescribed for late payment", after words "in respect of each licence"; and
(c) By adding to section 22(2) the following sub-paragraph;
"(g) The fees payable for business licences issued under this Act"; and
(d) By deleting from paragraph (f) of section 22(2) the figure "$100" and replacing it with the figure "$2,000"; and
(e) By deleting from section 15(4) the words "in the Third Schedule"; and
(f) By deleting from the Third Schedule all references to the amounts of fees.
10.
Road Traffic Ordinance 1960 - The First
Schedule to the Road Traffic Ordinance 1960 is repealed and replaced with the
following:
"FIRST
SCHEDULE
ITEM NO.
DESCRIPTION OF TYPE OF LICENCE
1 Vehicle Licence issued
pursuant to section 9:
(a) For each goods vehicle, tractor, other than for tractors used exclusively in connection with the cultivation or farming of the owner's plantation or farm and used on the road only in proceeding to or from a garage in connection with the servicing or repair of such tractor) and trailer.
Bare weight (tons)
Registration Fee
|
Tare
weight (tons)
|
Registration
Fee
|
|
less than 1
|
$300
|
|
exceeding 1 but not
exceeding 3
|
$300 plus $7.50 per cwt in
excess of 1 ton
|
|
exceeding 3 but not
exceeding 5
|
$600 plus $15 per cwt in
excess of 3 tons
|
|
exceeding 5 but not
exceeding 8
|
$1,200 plus $22.50 per cwt
in excess of 5 tons
|
|
exceeding 8
|
$2,550 plus $30 per cwt in
excess of 8 tons
|
(b) An additional fee in relation to a vehicle referred to in item (1)(a) for every 5 cwt net weight of the vehicle or part of every 5 cwt where the vehicles in total:
|
(i) 3 tons or less tare
weight:
- having an engine capacity up to and including 1500 cc |
$50 plus $21 per 5 cwt |
|
- having an engine capacity
from 1500 cc up to and including 2000 cc
|
$55 plus $23 per 5 cwt |
|
- having an engine capacity
from 2,000 cc up to and including 3,000 cc
|
$72 plus $28 per 5 cwt. |
|
- having an engine capacity
over 3,000 cc
|
$80 plus $32 per 5
cwt
|
|
|
|
|
(ii) over 3 tons tare
weight
|
$80 + $35 (per 5cwt or part
thereof)
|
(c) Public Service vehicles other than taxis:
The fee shall be the same as is payable under item (1)(a) and (b) plus for each passenger the vehicle is licensed to carry. $6.00
(d) Taxi and rental vehicles:
(i) having an engine capacity of up to and including 1500 cubic centimetres.
$175.00
(ii) having an engine capacity from 1501cubic centimetres up to and including 2000 cubic centimetres.
$195.00
(iii) having an engine capacity from 2001 cubic centimetres up to and including 3000 cubic centimetres.
$240.00
(iv) having an engine capacity of over 3000 cubic centimetres.
$260.00
(e) Private motor vehicles (other than motor cycles and rental vehicles):
(i)having an engine capacity of up to and including 1500 cubic centimetres.
$175.00
(ii) having an engine capacity from 1501 cubic centimetres up to and including 2000 cubic centimetres.
$195.00
(iii) having an engine capacity from 2001 cubic centimetres up to and including 3 000 cubic centimetres.
$240.00
(iv) having an engine capacity of over 3000 cubic centimetres.
$260.00
(f) Motor cycle (with or without side car).
$70.00
(g) Dealer's licence issued pursuant to section 19.
$240.00
Where any licence
mentioned in Item 1 (f) is issued for a number of months less than 12, the
licence fee shall be the proportion of
the appropriate fee above which the
number of months covered by the licence bears to 12
months.
2. Driving
Licence:
(a) On issue of driving licence pursuant to section 29.
$40.00
(b) On renewal of driving licence for 1 year pursuant to section 32.
$40.00
(c) On endorsement of an international driving licence pursuant to section 27.
$12.00
(d) For practical driving test pursuant to section 30.
$20.00
3.
Vehicle licence on first registration issued pursuant to section 13.
$80.00
4. Transfer of vehicle
licence pursuant to section 17.
$80.00
5. Duplicate vehicle
licence liable under section 12.
$20.00
6. Road service licences
–
(a) Application under section 59 in respect of one route for a road service -
Heavy Public Service Vehicle:
$150.00
Light Public Service Vehicle:
$120.00
(b) Road service licence issued pursuant to section 60 for each 6 monthly period -
Heavy Public Service Vehicle:
$150.00
Light Public Service Vehicle:
$120.00
(c) Application fee under section 66
for transfer of road service licence.
$50.00
(d) Application fee under section 68
for temporary road service licence
for every day for which the licence
is applied for.
$40.00
(e) Application fee for variation of road service licence.
$40.00
(f) Rental fees for public stands, bus
stops parking places for every
vehicle under Section 73
$25.00
7.
Learner's permit issued pursuant to section 28
$50.00
8. Duplicate driving
licence issued pursuant to section 32.
$30.00
9. New driving licence
without endorsement issued pursuant to section 35.
$40.00
10. Registration plates
issued pursuant to section 13
for
motor cycles, other motor vehicles or trailer.
$120.00
11. For the issue of an
international driving licence
$40.00
11.
Arms Ordinance 1960 - The First Schedule
to the Arms Ordinance is repealed and replaced with the
following:
"First Schedule
Sections 7(3), 9(2), 12(2)
Fees
for Permits, Licences and
Certificates
etc
On the issue to any person
other than a
dealer of a permit to
bring a firearm
and ammunition
therefore into Samoa for
each
importation
$50.00
On the issue of a permit
to a dealer to
bring firearms and
ammunition into
Samoa for multiple
imports for each
year or part of a
year
$200.00
On the issue of a dealer's
licence under
section 3 of the
Ordinance - in respect
of both
firearms and ammunition for
each year
or part of a year
$200.00
In respect of ammunition
only (for each
year or part of a
year)
$50.00
On the issue of a
certificate of registration (for each year or part
of
a year)
$20.00
On the renewal for one
year of a
certificate of
registration
$20.00
On the issue of a permit
for possession
under section 7 of the
Ordinance for
each such
permit
$20.00
On the issue of a new
certificate of
registration on the
destruction, defacement,
or loss of a
certificate
$10.00
On the issue of a licence
to retain an
unlawful
weapon
$20.00"
12.
Gaming Act 1978 - The Gaming Act 1978 is
amended by inserting section 27 as
follows:
"27 Fees for Lottery and
Bingo Permits-(1) The fee for a lottery or bingo permit issued under this Act
shall be $200 per annum.
(2) The
fee payable under this section shall be paid before the lottery or bingo is
conducted or played.
(3)
Notwithstanding sub-section (1), fees for particular lotteries or bingo
operations may be prescribed by Regulation under this
Act and such fees shall be
paid in substitution of the fee payable under subsection
(1)".
13.
Police Offences Ordinance 1961- Section
18(3) of the Police Offences Ordinance 1961 is amended by deleting the figure
"$10" and replacing it with the figure
"$50".
14.
Customs Act 1977 - The Customs Act 1977
is amended as follows -
(a) By deleting the Second Schedule and replacing it with the following:
"Second Schedule
Section 87
Part I
Annual licence fees for
warehouses licensed for the warehousing of dutiable goods other than oils in
vessels capable of containing
100 gallons or more:
|
CUBIC
CONTENTS OF WAREHOUSE
|
ANNUAL
FEE
|
|
Less than 200
tons
|
$1000
|
|
more than 200 tons and
less
than 300 tons |
$1250
|
|
more than 300 tons and
less
than 400 tons |
$1500
|
|
more than 400 tons and
less
than 500 tons |
$1750
|
|
more than 500 tons and
less
than 600 tons |
$2000
|
|
more than 600 tons and
less
than 700 tons |
$2250
|
|
more than 700 tons and
less
than 800 tons |
$2500
|
|
more than 800 tons and
less
than 900 tons |
$2750
|
|
more than 900 tons and
less
than 1000 tons |
$3000
|
|
more than 1000
tons
|
$3250
|
PART II
Annual licence fees for
warehouses licenses for the warehousing of oils in vessels capable of containing
100 gallons or more:
|
CUBIS
CONTENTS OF WAREHOUSE
|
ANNUAL
FEE
|
|
Less than 200
tons
|
$1000
|
|
more than 200 tons and
less
than 300 tons |
$1250
|
|
more than 300 tons and
less
than 400 tons |
$1500
|
|
more than 400 tons and
less
than 500 tons |
$1750
|
|
more than 500 tons and
less
than 600 tons |
$2000
|
|
more than 600 tons and
less
than 700 tons |
$2250
|
|
more than 700 tons and
less
than 800tons |
$2500
|
|
more than 800 tons and
less
than 900 tons |
$2750
|
|
more than 900 tons and
less
than 1000 tons |
$3000
|
|
more than 1000
tons
|
$3250
|
1. When any warehouse
requires the entire services of an officer or officers of Customs, the annual
licence fee for that warehouse
shall, in lieu of the above amounts, shall be
$1000 for each officer so required, and all questions as to the number of
officers
required and the time for which their services are required shall be
determined from time to time by the Comptroller, whose determination
shall be
final.
2. When any warehouse is
used for the storage of goods during a portion only of the year, of the services
of an officer of Customs
are required at what warehouse during a portion only of
the year, the Comptroller may remit or refund a proportionate part of the
licence fee otherwise payable, calculated in respect of the period during which
the warehouse is not used or the services of that
officer are not required";
and
(b) By deleting from section 87(2) (b) the amount "$900" and replacing it with "$1000";
(c) By adding paragraph (i) to section 279 as follows:
"(i) prescribing fees to be paid in respect of the exercise of any power or function under this Act or consistent with this Act, including application fees applicable to requests made for the exercise of any such power or functions".
15.
Lands and Titles Investigation Act 1966 -
The Schedule to the Land and Titles Investigation Act 1966 is repealed and
replaced by the following:
"SCHEDULE
Section 25
|
Item
|
Transaction
|
Amount
of fee
|
|
1
|
Giving notice of claim
to
Secretary (to cover the cost Of public notice) |
$100.00 |
|
2
|
Hearing before
Commission
(to cover sealed copy of Commission’s order for each party) |
$15.00 |
|
3
|
Each additional copy of
order
|
$5.00
|
|
4
|
Giving notice of
objection
To Secretary |
$50.00 |
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