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Official Flag and National Anthem of Samoa Act 1994

CONSOLIDATED ACTS OF SAMOA 2008

OFFICIAL FLAG AND NATIONAL ANTHEM OF SAMOA ACT 1994

Arrangement of Provisions

TITLE
1. Short title and commencement
2. Interpretation
3. The Flag of Samoa
4. The National Anthem of Samoa
5. Persons to respect the raising and lowering of the Flag
6. Persons to respect the National Anthem
7. Offences and Penalty
8. Repeal
Schedule

_____________________________

THE OFFICIAL FLAG AND NATIONAL ANTHEM
OF SAMOA ACT 1994

1994 No.10

AN ACT to provide for the Flag and National Anthem of Samoa

(28 July 1994)
(Commencement date: 28 July 1994)

1. Short title and commencement - (1) This Act may be cited as the Official Flag and National Anthem of Samoa 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:

"Anthem" means the National Anthem specified in section 4.

"Driver" means the driver of a vehicle and includes the following:

(a) the rider of a bicycle

(b) the rider of a motor cycle

(c) the rider of a horse

(d) the rider of a donkey

(e) the person in control of a motor vehicle

(f) the person in control of a motor vehicle that is being towed

(g) a separate person who acts as steersman or engaged in the driving of any vehicle.

"Flag" means the official flag of Samoa referred to in section 3 and described in the Schedule.

"Vehicle" means a motor vehicle of any type propelled by mechanical power and constructed for use on roads and not rails or specially prepared ways and includes any motor cycle or bicycle.

3. The Flag of Samoa - There shall be an official Flag of Samoa which shall be the Flag more particularly described in the Schedule.

4. The National Anthem of Samoa - There shall be a national anthem of Samoa which shall be "Samoa Tula'i".

5. Persons to respect the raising and lowering of the Flag - (1) Every person who is within or comes upon a public place or an area where the Flag of Samoa is being raised or lowered shall go into a stand still position and remain in that position until the raising or lowering of the flag has been completed.

(2) Every driver of any vehicle:

(a) that is within a public place or an area where the flag is being raised or lowered shall refrain from driving the vehicle and ensure that the vehicle remains motionless until the raising and lowering of the flag is completed.

(b) that enters a public place or an area where the flag is being raised or lowered shall ensure that the vehicle is stopped and kept motionless until the raising or lowering of the flag is completed.

6. Persons to respect the national anthem - (1) Every person who is within or comes upon a public place or an area at which the national anthem is being sung or played shall come to a standstill position and remain in that position until the playing or singing of the national anthem is completed.

(2) Every driver of any vehicle:

(a) That is within a public place or an area where the national anthem is being sung or played shall refrain from driving the vehicle and ensure that the vehicle is kept motionless until the playing or singing of the national anthem is completed;

(b) That enters a public place or an area where the national anthem is being sung or played shall ensure that the vehicle is stopped and kept motionless until the playing or singing of the national anthem is completed.

7. Offences and Penalty - (1) Every person who defaces the Flag of Samoa or wilfully causes such Flag to be torn, destroyed or so defaced shall be liable upon conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding 10 penalty units or to both such imprisonment and fine.

(2) Every person who by act, word or conduct wilfully offers an insult to the Flag of Samoa shall be liable upon conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding 10 penalty units or to both such imprisonment and fine.

(3) Every person who by act, word or conduct wilfully offers an insult to the national anthem or by act, word or conduct is disrespectful while the national anthem is being sung or played in any place referred to in sections 5 and 6 of this Act shall be liable upon conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding 10 penalty units or to both such fine and imprisonment.

8. Repeal - The Flag of Samoa Act 1973 is hereby repealed.

SCHEDULE

THE OFFICIAL FLAG OF SAMOA

Red, the first quarter blue and bearing thereon 5 white regular five-rayed stars representing the Southern Cross the size and disposition of the stars being as follows:

1. In this prescription the hoist of the flag from top to bottom is regarded as 144 vertical units, and its breadth from side to side as 288 horizontal units.

2. Each star has its uppermost point on a vertical line through its centres.

3. Two of the stars are disposed with their centres on a vertical line bisecting the blue quarter. The top point of the upper star and bottom points of the lower star are distant 3 vertical units from the upper and lower edges of the blue quarter respectively.

4. The star nearest the staff has its top point distant 21 vertical units from the upper edge of the flag, and its nearest point distant 42 horizontal units from the edge nearest the staff.

5. The star nearest the fly has its top point distant 18 vertical units from the upper edge of the flag, and its nearest point distant 42 horizontal units from the fly edge of the blue quarter.

6. The fifth star has its bottom points distant 26 vertical units from the lower edge of the blue quarter and its nearest point distant 56 horizontal units from the fly edge of the blue quarter.

7. The star nearest the fly edge measures 15, the topmost star and the star nearest the staff 16, the lowest star 20, and the fifth star 10 vertical units measured from the point of any ray to the point of the next ray but one.

REVISION NOTE 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) Amendments have been made to conform to modern drafting styles and to use modern language as applied in the laws of Samoa.

There were no amendments made to this law since the publication of the Western Samoa Statutes Reprint 1978-1996.

Revised and consolidated by Fetogi R. Vaai
Under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel).

REVISION NOTES 2008 No. 2

This law has been generally edited as provided for by section 5 of theRevision and Publication of Laws Act 2008. The commencement date(being the date of assent), is inserted under the date of assent and longtitle of the Act. No amendment has been made to this law since thepublication of the Consolidated and Revised Statutes of Samoa 2007.

Revised and consolidated under the supervision of Teleiai.Lalotoa S Mulitalo
(Parliamentary Counsel)

The Official Flag and National Anthem of Samoa Act 1994
is administered in the Ministry of Justice and Courts Administration.