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Samoan Antiquities Ordinance 1954

SAMOA

SAMOAN ANTIQUITIES ORDINANCE 1954

Arrangement of Provisions

1. Short title
2. Interpretation
3. Head of State may acquire Samoan antiquities
4. Samoan antiquities to be offered for sale before export except fine mats to American Samoa
5. Power to detain Samoan antiquities attempted to be exported

6. Exporting Samoan antiquities without permission
7. Power to remove antiquities under certain conditions
8. Right to copy of antiquities intended to be exported
9. Head of State to decide what articles come under Ordinance
10. Regulation

SAMOAN ANTIQUITIES ORDINANCE 1954

1954 No. 4

AN ORDINANCE to make provision for the protection and preservation of Samoa Antiquities, Relics, Curios and Articles of Anthropological interest and scientific value.

[Assent and commencement date: 23 September 1954]

1. Short title - This Ordinance may be cited as the Samoan Antiquities Ordinance 1954.

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

“Samoan antiquities” includes Samoan relics, articles manufactured with ancient Samoan tools and according to Samoa customs and methods and all other articles or things of historic, anthropological, or scientific value or interest and relating to Samoa including Samoan fine mats, orators staffs, orators fly whisks, ceremonial headdress and other artefacts but does not include any botanical or mineral collections or specimens.

3. Head of State may acquire Samoan antiquities - The Head of State may acquire on behalf of the Government of Samoa such Samoan antiquities as the Head of State deems expedient and may provide for the safe custody of the same.

4. Samoan antiquities to be offered for sale before export except fine mats to American Samoa -(1) Subject to subsection (2), it shall not be lawful to remove from Samoa Samoan antiquities without first offering the same for sale to some person authorised in that behalf by the Head of State for the benefit of Samoa.
(2) Despite the preceding provisions, where it is shown to the satisfaction of the Collector or other proper office of Customs that any person is desirous of transporting out of Samoa to American Samoa any fine mat or mats for presentation as a ceremonial gift or gifts, the Collector or other proper officer may grant permission in writing to such person under this subsection for the export of such mat or mats from Samoa.

5. Power to detain Samoan antiquities attempted to be exported - It shall be the duty of all constables and officers of Customs to seize and detain any Samoan antiquities attempted to be removed from Samoa contrary to this Ordinance.

6. Exporting Samoan antiquities without permission -(1) A person who without the express permission in writing of the Head of State or otherwise than in pursuance of section 4(2) exports or attempts to export from Samoa any Samoan antiquities is liable to a fine not exceeding 2 penalty units.
(2) Notice of the intention to export any Samoan antiquities shall be given by the exporter to the Collector or other proper officer of Customs at least 7 days before shipment.

(3) Any Samoan antiquities entered for export contrary to this Ordinance shall be forfeited and shall be vested in the Government of Samoa for the use of the people of Samoa provided that the Head of State may after enquiry cancel the forfeiture if he or she thinks fit.

7. Power to remove antiquities under certain conditions - Nothing in this Ordinance is taken to prevent any person who has offered any Samoan antiquities as provided by section 4 removing such Samoan antiquities from Samoa provided that the person has obtained the permission in writing of the Head of State.

8. Right to copy of antiquities intended to be exported - (1) On any application for permission to export any Samoan antiquities the Head of State may, if he or she thinks fit, make it a condition to the granting of the application that the owner thereof allows them to be copied by photography, cast, or otherwise, in such manner and by such person as the Head of State directs.
(2) Every such copy shall be the property of the Government of Samoa for the use of the people of Samoa.

9. Head of State to decide what articles come under Ordinance - In case any dispute arises as to whether any article or thing comes within the scope of this Ordinance such dispute shall be determined by the Head of State.

10. Regulations -(1) The Head of State, acting on the advice of Cabinet, may by notice published in the Samoa Gazette make all such regulations as may be required for the purpose of this Ordinance.
(2) Without limiting subsection (1), regulations, not inconsistent with any Ordinance or other enactment, may be made under this section for all or any of the following purposes:

(a) prescribing the duties and powers of constables and officers of Customs in enforcing the provisions of this Ordinance;

(b) prescribing for the breach of any such regulations;

(c) prescribing the forms required for the purpose of this Ordinance, the records to be kept and the returns to be provided.

REVISION NOTES 2008-2011

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) Insertion of the commencement date

(c) Other minor editing has been done in accordance with the lawful powers of the Attorney General, where appropriate:

(i) “Every” and “any” changed to “a/an”
(ii) Present tense drafting style:

• “shall be” changed to “is/are”
• “shall be deemed” changed to “is/are taken”
• “from time to time” removed

(iii) Removal/replacement of obsolete and archaic terms with plain language:

• “notwithstanding” changed to “despite”
• “furnish” changed to “provide”

(iv) “the foregoing provisions of this section”, “the preceding subsection” and similar wording changed to the actual section/subsections

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

This Act has been consolidated and revised in 2008, 2009, 2010 and 2011 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 2011. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Aumua Ming Leung Wai
Attorney General of Samoa

Revised and consolidated in 2008 by the Legislative Drafting Division under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel)

Revised in 2009, 2010 and 2011 by the Legislative Drafting Division under the supervision of Papalii Malietau Malietoa (Parliamentary Counsel).

The Samoan Antiquities Ordinance 1954 is
administered by the Ministry of the Prime Minister.