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Televise Samoa Corporation Act 1994

LAWS OF WESTERN SAMOA

TELEVISE SAMOA CORPORATION

ANALYSIS

TITLE
1. Short title and Commencement
2. Interpretation

PART I
ESTABLISHMENT OF THE CORPORATION

3. Establishment of the Corporation
4. Corporation to be controlled by the Board
5. The Common Seal
6. Corporation to have regard to Government policy
7. No other Corporation to be formed with similar name

PART II
GENERAL FUNCTIONS, POWERS AND OBLIGATIONS OF CORPORATION

8. General Functions and Powers of the Corporation
9. Power of the Board to call for investments from the General Public
10. Powers of Corporation in relation to property
11. Investment Powers of the Corporation
12. Borrowing powers of Corporation
13. Power to co-opt specialist advice
14. Government Departments may provide services or supplies for Corporation
15. Ownership of recorded and written material

PART III
DIRECTORS AND ADMINISTRATION

16. Board of Directors
17. Membership of the Board
18. Alternate directors
19. Terms of office of appointed members and alternate Directors
20. Remuneration of Directors
21. Responsibilities and liabilities of Directors
22. Meetings of the Board
23. Secretary to the Board
24. Minutes of Meetings
25. Secrecy
26. Disclosure of Interest
27. Delegation of Powers

PART IV
STAFF

28. Chief Executive Officer
29. Power to employ staff
30. By-laws relating to employees and discipline

PART V
ASSETS AND FINANCE

31. Original assets of the Corporation to be provided by Government
32. Method and effect of transfer of assets and liabilities
33. Additional funds and assets may be provided by the Government
34. Special provisions as to interests in land held or to be held or to be held by the Corporation
35. Bank accounts of Corporation
36. Money payable into and out of the General Account
37. Budget
38. Appropriation by Parliament
39. Expenditure not to exceed income
40. Accounts, audit and annual report
41. Regulations

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TELEVISE SAMOA CORPORATION 1994

No. 9 of 1994

AN ACT to establish the Televise Samoa Corporation and provide powers, functions and duties of the Corporation.

(28 July 1994)

1. Short Title and Commencement - (1) This Act may be cited as the Televise Samoa Corporation Act 1994.

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

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

"Board" means the Board established under this Act.

"Controller and Chief Auditor" means the Controller and Chief Auditor appointed under Article 97 of the Constitution.

"Corporation" means the Corporation established under section 3 of this Act.

"Financial Year" means a period of 12 months commencing on the 1st day of July and ending with the 30th day of June.

"Government" means the government of the Independent State of Western Samoa.

"Minister" means the Minister authorised by the Prime Minister to administer this Act.

"Televise Samoa" means the Television station operated under the name Televise Samoa established by Televise Samoa Property Limited.

"Televise Samoa Property Limited" means the private company registered in Western Samoa on the 9th day of July 1993.

PART I
ESTABLISHMENT OF THE CORPORATION

3. Establishment of Corporation - (1) There is hereby established a Corporation to be called the Televise Samoa Corporation.

(2) The Corporation shall be a body corporate with perpetual succession and a common seal, and shall be capable of acquiring, holding, and disposing of real and personal property, of suing and being sued, and of doing and suffering all such acts and things as corporate bodies may do and suffer.

4. Corporation to be Controlled by the Board - The Corporation shall be controlled by the Board constituted under Part III of this Act

5. The Common Seal - The Secretary of the Board shall have the custody of the Common Seal, which shall only be affixed to a document pursuant to a resolution of the Board by the Chairperson or Deputy Chairperson or by some other Director appointed by the Board for that purpose, in the presence of a Director who shall by their signatures attest the affixing of the seal.

6. Corporation to have regard to Government policy - In the exercise of its functions and powers the Corporation shall have regard to the general policy of the Government as communicated to it in writing by the Minister.

7. No other corporation to be formed with similar name - No company or other body shall be incorporated or registered under any Act or otherwise with a name:

(a) That is identical with the name of the Corporation or any television broadcasting station operated by the Corporation, or

(b) That is identical with the call sign of any television broadcasting station operated by the Corporation; or

(c) That so resembles any name or call sign specified in paragraph (a) or paragraph (b) of this section as to be misleading or to be calculated to deceive.

PART II
GENERAL FUNCTIONS, POWERS AND OBLIGATIONS OF CORPORATION

8. General Functions and Powers of Corporation - (1) The general functions of the Corporation shall be:

(a) To take over and assume control and management of Televise Samoa and any or all real or personal property, assets, liabilities, functions and duties of Televise Samoa Property Limited, on the day upon which an Agreement between the Minister of Finance and the Corporation is entered into under this Act;

(b) To carry on, manage, control, develop, extend and improve the operation of Televise Samoa and the television broadcasting services provided by Televise Samoa and ensure that television broadcasting services provided by Televise Samoa covers as far as practicable the whole of Western Samoa;

(c) To advise the Minister in respect of matters relating to television broadcasting services provided by Televise Samoa;

(d) To exercise and perform such functions, powers, and duties in relation to television broadcasting as are conferred or imposed on it by or under this Act or any other enactment;

(e) To ensure that Televise Samoa is operated in accordance with the Televise Samoa Corporation Act 1994.

(2) The Corporation shall have such powers, rights, and authorities as may reasonably be necessary or expedient to carry out its functions.

(3) Without limiting the generality of subsection (2) of this section, the Corporation may, for the purposes of this Act:

(a) Establish, install, erect, alter, reconstruct, operate, and maintain television broadcasting studios, transmitters, relay stations, and any other television broadcasting facilities;

(b) Act in combination or association with any other person or body, whether incorporated or not, and whether in Western Samoa or elsewhere, for carrying out its functions or any of the purposes authorised by this Act;

(c) Carry on, for the benefit of subscribers or other persons, television broadcasting services that can only be received in an intelligible form by subscribers or other persons whose receiving sets are equipped with a decoding device;

(d) Make provisions for the use of its broadcasting studios, transmitters, and any of its facilities by other television broadcasters; including their use by private broadcasters for the transmission, to subscribers or other persons, of television programmes that can only be received in an intelligible form by subscribers or other persons whose receiving sets are equipped with a decoding device;

(e) Set fees and charges for any services provided by the Corporation.

9. Power of the Board to call for investments from the General Public - (1) The Board may with prior approval from Cabinet call for investments by the general public in the corporation by way of subscriptions for the purchase and acquisition of shares in the Corporation.

(2) The Corporation where it seeks Cabinet approval under subsection (1) shall provide Cabinet with an investment plan specifying the number and type of shares available for sale, the price at which such shares would be sold, rule and details relating to the distribution, allocation and registration of shares, the payment of dividends, the amount and intervals at which dividends would be paid on shares and any other details deemed by the Corporation to be appropriate.

(3) Cabinet may in respect of an investment proposal submitted by the corporation:

(a) Approve the Proposal as submitted by the Corporation;

(b) Approve the proposal subject to modifications or amendments directed by Cabinet; or

10. Powers of Corporation in relation to property - Without limiting the generality of section 8(2) of this Act, the Corporation may, for the purposes of this Act:

(a) Construct, alter, or reconstruct any building or structure (including any studio or office building), or any part thereof, for use in connection with television broadcasting, or in connection with the exercise of its functions and powers,

(b) Acquire by way of purchase, lease, sublease, or otherwise any land or interest in land, with or without any building, or any building or structure or any part of any building or structure, or any interest therein;

(c) With the prior approval of the Minister, dispose of by sale, lease, sublease, or otherwise any land or interest in land, or any building or structure or any part of any building or structure, or any interest therein:

PROVIDED THAT the Minister may authorise the Corporation to exercise the powers conferred by this paragraph either generally or in such cases, and subject to such conditions, as the Minister specifies.

(d) Acquire by purchase, bailment, license, franchise, or otherwise any personal property, rights, or privileges that it thinks will benefit the Corporation;

(e) Dispose of by way of sale, bailment, or otherwise, or turn to account, develop, license, franchise, or otherwise deal with, any personal property, rights, or privileges of the Corporation;

(f) Make and dispose any recordings and tapes of any activity taped and recorded by Televise Samoa, either alone or by arrangement with any other person or body.

11. Investment Powers of the Corporation - Without limiting the generality of section 8(2) any money belonging to the Corporation may from time to time be invested:

(a) In Government securities;

(b) On deposit in any bank or banks approved by the Minister of Finance, or with the National Provident Fund Board;

12. Borrowing powers of Corporation - (1) The Corporation may, from time to time, borrow money from its bankers by way of overdraft.

(2) Without prejudice to subsection (1) of this section, the Corporation may, from time to time, with the consent of the Minister of Finance and subject to such terms and conditions as the Minister of Finance specifies borrow money and issue debentures or mortgage or charge any of its real or personal property.

13. Power to co-opt specialist advice - The Corporation may invite any person (including any officer of the Public Service or a representative of any body) who, in the opinion of the Corporation, has expert knowledge concerning any aspect of broadcasting that is likely to be of assistance to the Corporation, to attend, any meeting held under this Act and take part in the proceedings.

14. Government Departments may provide services or supplies for Corporation - The Government acting by and through any Government Department, may from time to time, at the request of the Corporation, enter into contracts or arrangements for the execution or provision by the Department for the Corporation of any work or service, or, for the supply to the Corporation of any goods, stores, or equipment, on or subject to such terms and conditions as may be agreed upon.

15. Ownership of recorded and written material - (1) The ownership of any recorded or written information or other recorded or written material relating to a programme made under a contract with any person or body for the provision by him, her or it of that programme shall vest in the Corporation unless it is otherwise expressly provided in the contract.

(2) Subsection (1) of this section shall not be construed to apply to ownership by the Corporation of written or recorded material for a programme contributed to by any person in the course of his or her employment as an officer or employee of the Corporation.

PART III
DIRECTORS AND ADMINISTRATION

16. Board of Directors - (1) There shall be a Board of Directors of the Corporation.

(2) The powers of the Corporation shall be exercised by the Board.

17. Membership of the Board - (1) The Board shall comprise seven (7) Directors.

(2) The Directors of the Board shall be:

(a) The Minister who shall be the Chairperson of the Board;

(b) The Censor of films under the Film Control Act 1978;

(d) The Director of Education;

(e) Three persons appointed by the Head of State, on the advice of Cabinet;

(f) The Secretary to the Ministry of Women Affairs.

(3) A deputy chairperson shall be elected annually by the Board from the members who hold office under subsection 2(b) to (e) of this section.

18. Alternate Directors - (1) Each of the persons who hold office pursuant to any of paragraphs (a), (b), (c) and (d), shall be entitled to nominate an Alternate Director to act in his or her place in accordance with this Act.

(2) Where a Director is temporarily incapacitated by illness or for other good reason cannot attend a meeting his or her Alternate Director may attend that meeting.

(3) An Alternate Director, while attending a meeting in the place of the person who nominated him or her shall be for all purposes be deemed to be a Director, and shall be entitled at that meeting to exercise all of the rights and powers of a Director.

(4) No act done by an Alternate Director while he or she is deemed to be a Director shall be questioned in any proceedings on the ground that the occasion for his or her being deemed to be a Director had not arisen or had ceased.

(5) An Alternate Director shall be supplied with copies of all papers (including minutes and notices of meetings) which are supplied to directors and may, when not attending a meeting of the Board in the place of the director who appointed him or her attend such meeting as an observer.

(6) When an Alternate Director attends a meeting as an observer, he or she may participate in discussions but not vote, on any matter then before the meeting.

(7) The appointment of an Alternate Director shall be made by notice in writing, delivered to the Chairperson, and any such appointment may in like manner be revoked at any time by the person by whom the appointment was made.

19. Terms of office of appointed Members and Alternate Directors - (1) Every appointed Director shall hold office for a term of two years from the date of his or her appointment, and shall be eligible for reappointment.

(2) Every Alternate Director shall hold office until his or her appointment ceases to be a director, or until his or her appointment is revoked pursuant to subsection (7) of section 18 of this Act, or until he or she resigns, whichever event first occurs.

(3) Every appointed Director and every Alternate Director may at any time resign his or her office by notice in writing given to the Chairperson.

(4) For the purposes of this section "appointed Director" means a person who is appointed to the Board pursuant to paragraph (e) of subsection (2) of section 16 of this Act.

20. Remuneration of Directors - (1) Every Director and Alternate Director shall be paid out of the funds of the Corporation fees, expenses and allowances at a rate or rates determined by Cabinet from time to time.

(2) In fixing the rate or rates of fees, expenses and allowances Cabinet may have regard to the responsibilities of the Directors, the efficiency with which the Corporation is carrying out its functions, and such other matters as may seem to the Cabinet to be relevant.

21. Responsibilities and liabilities of Directors - (1) Every Director and Alternate Director shall devote such time and attention to the affairs of the Corporation as may be necessary to ensure the proper supervision and control of the affairs of the Corporation and shall at all times, except to the extent that section 6 of this Act applies to the contrary, use his or her independent judgement in matters pertaining to those affairs.

(2) No director of the Corporation shall be personally liable for any act done or omitted to be done in good faith in the exercise or performance of the functions, powers and duties of the Corporation, or for any debt or other liability lawfully incurred by the Corporation.

22. Meetings of the Board - (1) Subject to subsection (4) of this section meetings of the Board shall be held at such times and at such places as the Chairperson or in his or her absence the Deputy Chairperson shall from time to time determine.

(2) Every meeting of the Board shall be presided over by the Chairperson or the Deputy Chairperson if the Chairperson is absent.

(3) In the absence of both the Chairperson and the Deputy Chairperson the Directors shall elect one of their fellow Directors to act as Chairperson:

Provided that no Alternate Director shall be elected as Chairperson under this subsection.

(4) Notwithstanding the provisions of subsection (1) of this section the Deputy Chairperson or two Directors, may, at any time convene a special meeting of the Board by three days notice in writing given to each Director stating the business to be transacted at the meeting.

(5) At every meeting four Directors present in person shall constitute a quorum.

(6) A question before the Board shall be resolved by a simple majority of Directors present and voting.

(7) A resolution signed or assented to by letter, telegram, cable, telex or facsimile message, by each of the Directors other than Alternate Directors shall have the same effect as a resolution passed at a meeting of the Corporation.

(8) The Chairperson at any meeting shall have a casting as well as a deliberative vote.

(9) Subject to this Act the Board may regulate its proceedings in such manner as it thinks fit.

23. Secretary to the Board - The Board shall appoint a suitable person employed within the Corporation to act as secretary to the Board.

24. Minutes of Meetings - (1) The Board shall cause minutes to be kept, in a book provided for that purpose, and shall record the names of all persons present, all resolutions, and proceedings of meetings of the Board and all resolutions passed pursuant to subsection (6) of section 22 and all dissenting votes when the dissenter asks that his or her vote be recorded.

(2) The minutes of every meeting shall, if signed as confirmed by a person purporting to be the Chairperson of any meeting, be received in evidence in any Court without further proof and shall be accepted as prima facie evidence of the truth of the facts contained in those minutes.

(3) A copy of the minutes shall be furnished to every Director within 7 days after the completion of every meeting.

25. Secrecy - No Director or Secretary or Chief Executive Officer shall communicate or reveal to any person any matter which becomes known to him or her as a Director or Secretary or Chief Executive Officer except when required to do so by this Act or by any other Act or except with the approval of the Board or as required for the discharge of his or her duties as Director or Secretary or Chief Executive Officer.

26. Disclosure of Interest - (1) A Director who has a direct or indirect interest otherwise than as a Director in a matter being considered or about to be considered by the Board, shall, at the first meeting of the Board which he or she attends after the relevant facts have come to his or her notice, disclose the nature of his or her interest.

(2) A disclosure under subsection (1) of this section shall be recorded in the minutes of the meeting and except as otherwise provided by a resolution of the Board, the Director shall, after the disclosure, leave the meeting during any deliberation or decision relating to that business, but shall be counted as present for the purpose of forming a quorum for the meeting on any such deliberation or decision.

(3) The Chief Executive Officer shall have the same duty of disclosure to the Corporation under this section as an Officer of the Corporation.

27. Delegation of Powers - (1) The Board may, either generally or as otherwise provided by the instrument of delegation under its common seal, delegate to any person any of its powers and the powers of the Corporation under this Act other than this power of delegation.

(2) A power so delegated, when exercised by the delegate, shall for the purposes of this Act, be deemed to have been exercised by the Corporation.

(3) A delegation under this section does not prevent the exercise of any power by the Board.

(4) A delegation under this section is revocable at the will of the Board.

PART IV
STAFF

28. Chief Executive Officer - (1) The Head of State acting on the advice of Cabinet, may from time to time appoint a Chief Executive Officer of the Corporation.

(2) The Head of State shall, where reasonably possible in appointing a Chief Executive Officer appoint a person with knowledge and experience in the area of broadcasting

(3) The Chief Executive Officer shall be responsible to the Board for the efficient control and management of the Corporation.

(4) The Chief Executive Officer shall attend every meeting of the Corporation unless directed or permitted by it not to do so in any particular case.

(5) 'The Chief Executive Officer shall be appointed for a period not exceeding (3) years and on such other terms and conditions as may be specified in the appointment.

(6) The Chief Executive Officer may from time to time be reappointed.

(7) All remuneration and other allowances payable to the Chief Executive Officer shall be paid out of the General Account of the Corporation.

(8) The Chief Executive Officer shall not engage in any business or occupation related to the functions of the Corporation whilst in office.

29. Power to employ staff - (1) The Corporation may employ any officers and employees as it thinks necessary for the efficient performance of the functions of the Corporation.

(2) The Corporation may, where there is no Chief Executive Officer, appoint a person who has suitable management skills, to be an Acting Chief Executive Officer.

(3) A person appointed as an Acting Chief Executive Officer shall have the same powers, for the purposes of this Act, as if he or she were a Chief Executive Officer, until such time as a Chief Executive Officer is appointed.

30. By-laws relating to employees and discipline - Without limiting the generality of any other power granted to it in this Act the Corporation may make by-laws not inconsistent with this or any other Act governing the following matters:

(a) The engaging and dismissal of employees,

(b) Remuneration and conditions on employment of employees;

(d) Disciplinary procedures and penalties to apply in respect of alleged disciplinary offences by employees.

PART V
ASSETS AND FINANCE

31. Original assets of the Corporation to be provided by Televise Samoa and the Government - (1) As soon as practicable after the commencement of this Act there shall be transferred to the Corporation as the original assets of the Corporation to enable it to perform its functions under this Act, such real or personal property vested in or belonging to Televise Samoa Property Limited and such other real and personal property of the Government as Cabinet may agree to transfer to the Corporation.

(2) Upon such transfer, all debts, liabilities and obligations connected with or pertaining to any real and personal property of Televise Samoa or the Government shall be transferred to and vest in the Corporation and shall be deemed to have been incurred by the Corporation:

PROVIDED HOWEVER THAT the Government shall be deemed to be a guarantor for the due satisfaction of every such debt liability or obligation.

(3) The value of any assets and liabilities of Televise Samoa Property Limited or assets or liabilities of the Government transferred to the Corporation shall be determined by agreement between the Government and the Corporation, and if the Government and Corporation are unable to agree upon their valuation, by an independent arbitrator to be appointed by the Controller and Chief Auditor.

(4) The value of the assets so transferred less the value of the liabilities together with the amount of any the working capital paid to the Corporation pursuant to subsection (5) of this section shall constitute a debt due from the Corporation to the Government to be paid to the Government free of interest, upon demand.

(5) The Government may pay to the Corporation upon the commencement of this Act out of monies appropriated by Parliament for the purpose such sum as Cabinet may deem reasonable for the working capital of the Corporation.

(6) 'The Registration of Televise Samoa Property Limited under the Companies Act 1955 on the 9th day of July 1993 shall be revoked under this Act on the day upon which an agreement is entered into under this Act between the Minister of Finance and the Corporation.

(7) The 3 million shares held as shares in Televise Samoa Property Limited shall be transferred and registered in the Corporation as shares of the Government on the day upon which the registration of Televise Samoa Property Limited is revoked by subsection (6) of this section.

32. Method and effect of transfer of assets and liabilities - (1) The transfers referred to in sections 30 and 32 of this Act may be effected by an Agreement between the Corporation and the Minister of Finance.

(2) Any Agreement made under subsection (1) of this section in so far as it affects any interest in land may be registered with the Registrar of Lands in Apia, and shall take effect as if it were a conveyance or grant of that interest in land.

(3) From the day upon which any facilities and equipment are transferred to the Corporation under this Part of this Act, the Corporation shall assume control of and be responsible for the operation of those facilities and equipment and to the extent to which they are used in the provision of television broadcasting services be responsible for the provision of such services.

33. Additional funds and assets may be provided by Government - At any time after the provision of the assets referred to in section 31 of this Act the Government may provide the Corporation with additional funds or assets on such condition as Cabinet may determine.

34. Special provisions as to interests in land held or to be held by the Corporation - (1) Nothing in the Lands, Survey and Environment Act 1989 shall apply to the transfer by the Government to the Corporation of any land or interest in land pursuant to this Act.

(2) The use or occupation of any land by the Corporation in connection with the carrying out of any of the provisions of this Act shall be deemed to be use or occupation for a public purpose.

(3) Any interest in land acquired by the Government under the Taking of Land Act 1964 for the purposes of this Act may be vested in the Corporation.

35. Bank accounts of Corporation - (1) For the purposes of this Act there shall be established by the Corporation at any registered Bank in Western Samoa an account to be known as the General Account.

(2) The Corporation may from time to time open at any registered Bank in Western Samoa such imprest or subsidiary accounts as the Corporation thinks necessary for the exercise of its functions and powers.

(3) Every account under this section shall be operated upon only by cheque or other instrument (not being a promissory note or bill) signed by such person or persons as may from time to time be authorised by the Corporation for that purpose.

36. Money payable into and out of the General Account - (1) There shall from time to time be paid into the General Account:

(a) Money appropriated by Parliament; and

(b) All other money derived and received from the operations of the Corporation.

(2) There shall from time to time be paid out of the General Account:

(a) All money required to be expended for the purposes of the exercise of the functions and powers of the Corporation;

(b) All other money required to be expended from the Account.

37. Budget - (1) At least three months before the end of each financial year the Chief Executive Officer shall prepare a budget showing the proposed expenditure and anticipated income and receipts of the Corporation for the financial year following.

(2) The Corporation may after making such enquiries as it thinks fit approve the budget or reduce the amount of proposed expenditure.

(3) The budget so approved or amended shall be the budget of the Corporation for the financial year to which it applies and expenditure for that financial year shall not exceed the total provided for in the budget except in the case of an unforeseen circumstance which could not reasonably have been anticipated by the Corporation at the time the budget was prepared.

(4) Nothing in subsection (3) of this section shall prevent the Board from applying out of a budgetary item in the general account funds for the purposes of another budgetary item to the extent that the amount provided for in the first mentioned budgetary item is or is likely to be underspent.

38. Appropriation by Parliament - There may be appropriated by Parliament in each financial year to be paid out of the Treasury Fund such amount as Parliament may determine as a contribution towards the Corporation for the services it provides.

39. Expenditure not to exceed income - The Corporation shall take necessary steps to ensure that during the financial year to which the budget applies, income exceeds expenditure and that the profit and loss account does not show a deficit.

40. Accounts, Audit and Annual Report - (1) The Corporation shall at all times keep full and correct records of accounts of money received and expended by the Corporation and of all transactions, assets, liabilities and funds.

(2) Within 4 months after the end of each financial year the Corporation shall prepare a balance sheet, income and expenditure accounts and statement of source and application of funds, and such other statements of account as are necessary to show fully the financial position of the Corporation and the financial results of its operations during that year.

(3) The balance sheet, statement and other accounts shall be audited by the Controller and Chief Auditor or such other auditor approved by the Controller and Chief Auditor. The Controller and Chief Auditor or such other Auditor approved by the Controller and Chief Auditor shall have the same powers as the Controller and Chief Auditor has under the Public Money Act 1964 and any other enactment in respect of an audit carried out under this section.

(4) Within two weeks of the completion of the audit referred to in subsection (3) of this section the Corporation shall cause to be delivered to the Minister a report of the activities of the Corporation during the preceding financial year together with a copy of the accounts and the auditor's report.

(5) The Minister, if Parliament is then in session shall lay the report and audited accounts before the Legislative Assembly. If Parliament is not then in session he or she shall lay such report and audited accounts before the Legislative Assembly as soon as practicable after the commencement of the next sitting of Parliament.

41. Regulations - The Head of State, acting on the advice of Cabinet, may from time to time make such regulations as shall be necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof.

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The Televise Samoa Corporation Act 1994 is administered in the Department of Broadcasting

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