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Acts Interpretation Act 1974

CONSOLIDATED ACTS OF SAMOA 2010

ACTS INTERPRETATION ACT 1974

Arrangement of Provisions

1. Short title
2. Act to apply to all Acts of Parliament
3. Declaration that Act applies unnecessary
4. General interpretation of terms
5. General rules of construction
6. Application of penal Acts to bodies corporate
7. Act to apply to Ordinance, regulations, etc.
8. Acts assented to, when to come into operation
9. Clerk of the Legislative Assembly to insert in Acts day of assent, etc.
10. Time of commencement
11. Exercise of statutory powers between passing and commencement of an Act
12. Gazetting of Acts unnecessary
13. Acts may be cited by short titles
14. Citation of Acts not having short title
15. Reference to be made to copies printed by authority
16. Citation of Act includes citation of amendments
17. Citation of regulations includes citation of amendments
18. Citation of portion of Act includes first and last words
19. General provisions as to repeals
20. Reference to repealed Act in unrepealed Act
21 Pending judicial proceedings not affected by expiration of Act
22. Citation of authority under which Orders, etc., made
23. Provisions as to time, distances, appointments, powers, etc.
24. Regulations not invalid because of discretionary authority
25. Rules of Court
26. Foregoing rules to apply to this Act
27. Repeal

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ACTS INTERPRETATION ACT 1974

1974 No. 9

AN ACT to consolidate the law relating to the interpretation of legislative enactments.

(3 September 1974)
(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 every provision hereof, shall extend and apply to every Act of the Parliament of Samoa heretofore or that may hereafter be passed, except in so far as any provision hereof is inconsistent with the intent and object of any such Act, or the interpretation that any provision hereof would give to any word, expression, or section in any such Act is inconsistent with the context, and except in so far as any provision hereof is inconsistent with any particular definition or interpretation contained in any such Act.

3. Declaration that Act applies unnecessary - It shall not be necessary to insert in any Act a declaration that this Act applies thereto in order to make it so apply.

4. General interpretation of terms – (1) In every 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 thereunder.

"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 Police 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" and "Samoa Gazette" mean the Gazette published by or under the authority of the Government of Samoa, and shall include any publication of the Savali.

"Gazetted" means published in the aforesaid Gazette.

"Holiday" includes Sundays, Christmas Day, New Year's Day, Good Friday, and any day declared by or under any Act to be a public holiday.

"Legislative Assembly" means the Legislative Assembly constituted under Article 44 of the Constitution.

"Minor" means any 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 unincorporate.

"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 any matter not specifically required by law to be published in a particular manner, means a notice published in the Gazette, or in one 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 pursuant to an authority contained in any Act.

"Savali" means the publication published under that name and under the authority of the Government containing such notices as are required by any law to be published therein, or as directed by the Government to be inserted therein.

"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 of Samoa".

"Samoa" means the Independent State of Samoa.

"Writing", "written", or any term of like import, includes words printed, typewritten, painted, engraved, lithographed, or otherwise traced or copied.

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.

Words referring to any country, locality, district, place, body, corporation, society, officer, office, functionary, person, party, or thing to whom or to which the provision is applicable.

The name commonly applied to any 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 any provision of any Act makes reference to the "Gazette" or the "Samoa Gazette" or "the Gazette and the Savali", or words to that effect, then such reference shall be deemed to mean the Gazette or the Savali and the publication of any notice in either the Gazette or the Savali shall, for all purposes, be sufficient publication of the notice.

5. General rules of construction - The following provisions shall have effect in relation to every Act, except in cases where it is otherwise specially provided:

(a) Every Act shall be divided into sections if there are more enactments than one, which sections shall be deemed to be substantive enactments, without any introductory words;

(b) Every Act passed in amendment or extension of a former Act shall be read and construed according to the definitions and interpretations contained in such former Act; and the provisions of the said former Act (except so far as the same are altered by or inconsistent with the amending Act or Acts) shall extend and apply 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 any 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 each Act and every part thereof according to its spirit, true intent, and meaning;

(d) The preamble of every Act shall be deemed to be part thereof, intended to assist in explaining the purport and object of the Act;

(e) The division of any Act into parts, titles, divisions, or subdivisions, and the headings of any such parts, titles, divisions, or subdivisions, shall be deemed for the purpose of reference to be part of the Act, but the said headings shall not affect the interpretation of the Act;

(f) Marginal notes to an Act shall not be deemed to be part of such Act;

(g) Every Schedule or Appendix to an Act shall be deemed to be part of such Act;

(h) Wherever forms are prescribed, slight deviations therefrom, but to the same effect and not calculated to mislead, shall not vitiate them;

(i) Every Act, and every provision or enactment thereof, shall be 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 any Act shall in any manner affect the rights of the Government of Samoa, unless it is expressly stated therein that the Government shall be bound thereby;

(k) Every 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 every 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, etc. - (1) This Act and every provision thereof shall apply in the same way as they apply to Acts of Parliament, to all Ordinances, rules, regulations, proclamations, orders, notices, bylaws, and other acts of authority which for the time being 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 - Every Act assented to by the Head of State that does not prescribe the time from which it is to take effect shall come into operation on the day on which it is assented to.

9. Clerk of the Legislative Assembly to insert in Acts day of assent, etc. - The Clerk of the Legislative Assembly shall insert in every Act, immediately after the title thereof, the day, month, and year when the same is assented to by the Head of State, and every such date shall be taken to be a part of the Act, and to be the date of commencement where no other commencement is therein provided.

10. Time of commencement - (1) Where in an Act it is expressly provided that the same shall come into operation on a particular day, then the same shall be deemed to come into operation immediately on the expiration of the previous day.

(2) When any Act or any provision of an Act is expressed to take effect "from" a certain day, it shall, unless a contrary intention appears, take 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 thereof confers power to make any appointment, to make or issue any instrument (that is to say, any 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 thereof, subject to this restriction: that any 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 shall not be necessary to gazette the Acts of Parliament, but copies of all such Acts shall be procurable by purchase at the office of the Clerk of the Legislative Assembly.

13. Acts may be cited by short titles - Every Act and every Ordinance having a short title may for all purposes be cited by such short title.

14. Citation of Acts not having short title - In citing or making reference to any Act not having a short title it shall not be necessary to recite the title of the Act, nor the provision of any section referred to, but it shall be 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 any 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 Samoa Legislative Assembly or of the Speaker of the Assembly.

16. Citation of Act includes citation of amendments - A reference to or citation of any Act includes therein 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 thereof or in substitution therefore 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 Acts 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 shall not prevent the effect of any saving clause therein, and shall not revive any enactment previously repealed, unless words be added reviving such last-mentioned enactment;

(b) The repeal of any enactment shall not affect any 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 any 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 shall not affect,-

(i) The validity, invalidity, effect, or consequences of anything already done or suffered; or

(ii) Any existing status or capacity; or

(iii) Any right, interest, or title already acquired, accrued, or established, or any remedy or proceeding in respect thereof; or

(iv) Any release or discharge of or from any debt, penalty, claim, or demand; or

(v) Any indemnity; or

(iv) The proof of any past act or thing; or

(vii) Any 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) Any enactment, notwithstanding the repeal thereof, shall continue and be in force for the purpose of continuing and perfecting under such repealed enactment any act, matter, or thing, or any proceedings commenced or in progress thereunder, if there be no substituted enactments adapted to the completion thereof;

(h) Notwithstanding the repeal or expiry of any enactment, every power and act which may be necessary to complete, carry out, or compel the performance of any subsisting contract or agreement lawfully made, entered into, or commenced under such enactment may be exercised and performed in all respects as if the said 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 every unrepealed Act in which references is made to any repealed Act such reference shall be construed as referring to any 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 any enactment amending the same, shall, as regards any subsequent transaction, matter, or thing, be deemed 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 shall not affect any judicial proceedings previously commenced under that Act, but all such proceedings may be continued and everything in relation thereto be done in all respects as if the Act continued in force.

22. Citation of authority under which orders, etc., made - Where by any Act the Head of State or any officer or person named therein, is empowered to make or issue any proclamation, order, warrant, or other instrument, it shall be sufficient to cite therein the particular Act authorising the making or issuing of the same; and it shall not be 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, etc. - In every Act, unless the context otherwise requires:

(a) If the time limited by any 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 any Act any period of time dating from a given day, act, or event is prescribed or allowed for any 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 any distance for the purposes of any 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 any act or thing, or otherwise applying to the Minister by his or her title of office, include any 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 any 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 any public officer or functionary, or any 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 any deceased, absent, or otherwise incapacitated holder of such appointment;

(f) Power given to do any act or thing, or submit to any matter or thing, or to make any appointment, is capable of being exercised from time to time, 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 from time to time 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 one, the offender shall be liable to be prosecuted and punished under any one of those Acts or sections, but shall not be liable to be punished twice for the same offence;

(i) Power given to do any act or thing, or to make any appointment, is capable of being exercised as often as is necessary to correct any error or omission in any previous exercise of the power, notwithstanding that the power is not in general capable of being exercised from time to time.

24. Regulations not invalid because of discretionary authority - No regulation shall be deemed to be invalid on the ground that it delegates to or confers on the Head of State or on any Minister of Cabinet or on any other person or body any discretionary authority.

25. Rules of Court - (1) In any Act the expression "rules of Court", when used in relation to any Court, means, unless a contrary intention appears, rules made by the authority having for the time being power to make rules or orders regulating the practice and procedure of that Court.

(2) The power of the said authority to make rules of Court shall, unless the contrary intention appears, include a power to make rules of Court for the purpose of any Act which directs or authorises anything to be done by rules of Court.

26. Foregoing rules to apply to this Act - The provisions of this Act shall apply to the construction hereof, and to the words and expressions used herein.

27. Repeal - The Acts Interpretation Act 1924 (N.Z.) is hereby repealed as part of the law of Samoa.

REVISION NOTES 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) All references to the male gender have been made gender neutral.

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

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

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

The following amendments have been made to specific sections of the Act to incorporate amendments made by Act of Parliament passed since the publication of the Western Samoa Statutes Reprint 1978-1996 –

"Section 4 The definition of "Gazette" and "Samoan Gazette" was amended by the Acts Interpretation Amendment Act 1998. A new subsection was added as section 4(2)."

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2007. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Revised and consolidated by Graham Bruce Powell

Under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel)

REVISION NOTES 2008 No. 2

The general powers of the Attorney General under section 4 of the Revision and Publication of Laws Act 2008 is used to insert the commencement date. By virtue of section 8 of the Acts Interpretation Act 1974, in the absence of an expressed commencement date, the date of assent is the commencement date.

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

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

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

REVISION NOTES 2009

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

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

Revised and consolidated by the Legislative Drafting Division under the supervision of Papalii Malietau Malietoa (Parliamentary Counsel).

REVISION NOTES 2010

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

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

Revised by the Legislative Drafting Division under the supervision of Papalii Malietau Malietoa (Parliamentary Counsel).

The Acts Interpretation Act 1974 is administered in the Office of the Attorney General.