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Samoa Red Cross Act 1993

SAMOA

SAMOA RED CROSS ACT 1993

Arrangement of Provisions

1. Short title and commencement
2. Interpretation
3. Protection of “Red Cross” and emblem
4. Offence for use of “Red Cross” or its emblem

5. Offence against Officers of a body
6. Penalties
   

SAMOA RED CROSS ACT 1993

1993 No. 13

AN ACT to grant statutory protection against the use within Samoa of the name Red Cross and the distinctive emblem of the Red Cross by any person or body not authorised by the Red Cross Society.
[Assent and commencement date: 23 December 1993]

1. Short title and commencement– (1) This Act may be cited as the Red Cross Act 1993.
(2) This Act comes into force on the date upon which it is assented to by the Head of State.

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

“body” means any legally constituted entity;

“distinctive emblem” means the sign of the Red Cross with vertical and horizontal arms of the same length on and completely surrounded by a white ground;

“Red Cross Society” means the Samoa Red Cross Society.

3. Protection of “Red Cross” and emblem– (1) Upon the commencement of this Act, no person or body other than the Red Cross Society may use the term “Red Cross” or its distinctive emblem for any purpose or activity.
(2) The Red Cross Society may under its statutes rules and regulations authorise any other person or body to use the term Red Cross or its distinctive emblem. The person or body so authorised by the Society shall use the term “Red Cross” or its distinctive emblem in accordance with any condition or conditions specified by the Society.

4. Offence for use of “Red Cross” or its emblem – (1) A person or body who uses the term “Red Cross” or its distinctive emblem in contravention of section 3 commits an offence.
(2) A person or body that makes a written or oral representation to the effect that they have been authorised by the Red Cross Society to use the term Red Cross or use its distinctive emblem without being so authorised commits an offence.
(3) A person or body who uses any word or design which constitutes an imitation or close resemblance that is capable of being mistaken for or understood to be referring to or confused with the term Red Cross or its distinctive emblem for any purpose or activity commits an offence.

5. Offence against officers of a body–If an offence has been committed under section 4 by a body, then any officer, director, manager, secretary, partner, trustee or other servant or any person purporting to act under such capacity, for the body who authorised or permitted the contravention mentioned in section 4 commits, in addition to the body, an offence and is liable upon conviction to the penalties imposed under section (6).

6. Penalties– A person or body convicted under section 4 or 5 is liable to a fine not exceeding 100 penalty units or to imprisonment for a period not exceeding one year, or both.

REVISION NOTES 2008– 2012

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) Insertion of the commencement date

(b) 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” or “each”
(ii) Offence provisions

• “shall be guilty” changed to “commits”
• “Any person or body charged with an offence under section [] shall be liable to a fine...” changed to “a person or body convicted under section [] is liable to a fine...”

(iii) Use of plain language

• “in accordance with” changed to under”
• “where” changed to “if”

(iv) Removal of superfluous terms

• “under this Act”
• “the term”
  

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

This Act has been revised in 2008, 2009, 2010, 2011 and 2012 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 2012. 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 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).

Revised in 2012 by the Legislative Drafting Division.

The Samoa Red Cross Act 1993

is administered by the Ministry of Health.