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Consolidated Acts of Samoa 2013 |
SAMOA
MISCELLANEOUS FEES AMENDMENT ACT 1998
Arrangement of Provisions
MISCELLANEOUS FEES AMENDMENT ACT 1998
1998 No. 16
AN ACT to amend the fees payable to government in various Acts of Parliament.
[Assent and commencement date: 19 June 1998]
BE IT ENACTED by the Legislative Assembly of Samoa in Parliament assembled as follows—
1. Short title and commencement – (1) This Act may be cited as the Miscellaneous Fees Amendment Act 1998 and shall form part of and be read with the respective enactments that are amended by it.
(2) This Act comes into force on the date that it is assented to by the Head of State.
2. Credit Union Ordinance 1960 – Section 67 of the Credit Union Ordinance 1960 is amended by prescribing the following amended fees:
“For filing a Memorandum of Association $45.00
Fee for Certificate of Incorporation $45.00
Fee for filing Annual Return $30.00”
3. Incorporated Societies Ordinance 1952 – The Second Schedule to the Incorporated Societies Ordinance is repealed and replaced with the following:
“SECOND SCHEDULE
(Section 6(B))
TABLE OF FEES PAYABLE TO THE REGISTER
Fee on application for registration $45.00
Fee for certificate of incorporation $45.00
Fee for alteration of rules $24.00
Fee for certified copy of extract $24.00
(if the copy of extract exceeds 3
folios of 72words each an additional
fee for each additional folio or part
thereof) $3.00
Fee for any other document
required to be registered $24.00
Fee for inspection of Register $12.00
Fee for inspection of any document $12.00.”
4. Industrial Designs Act 1972 – The Schedule to the Industrial Designs Act 1972 is repealed and replaced with the following:
“SCHEDULE
(Section )9
FEES
Item No. Subject Amount
1 On application for
registration of an
industrial design
to be applied
to a single article $45.00
2 On application to
register one design
to be applied to
a set of articles $69.00
3 On first application
for renewal $45.00
4 On second application
for renewal $69.00
5 On request to record
assignment, transmission,
or licence contract - In
respect of one design $24.00
For each additional
design $ 6.00
6 On alteration of address,
or address for service –
In respect of one design $ 9.00
For each additional
design $ 3.00
7 On application
for cancellation $ 9.00
8 Duplicate certificate
of registration $ 9.00
9 On application
for annulment $69.00
10 On appeal to the
Supreme Court
against decision of
the Registrar $45.00
11 For typewritten
or photographic
copy of design or
document Reasonable cost.”
5. Land and Titles Act 1981 – The First Schedule to the Land and Titles Act 1981 is repealed and replaced with the following:
“ FIRST SCHEDULE
(Sections 9(2), 15, 17, 68, and 91)
ITEM ACTION FOR WHICH FEE PAYBLE AMOUNT
1 Filing petition, to include of summons
and services $40.00
2 Hearing (including sealed copy of decision
to each party) $20.00
4 Application for leave to appeal, to include
order thereon and service of notice
to parties $200.00
5 Each single search, per file $5.00
6 Each general search, per file $20.00
7 Survey as ordered by the Court
8 Application for pulefaamau, or intention to
appoint, to include publication in Savaii and
petition to confirm $100.00
9 Hearing on confirmation of pulefaamau (no
objection having been lodged) $60.00
10 Survey unless certified for greater or lesser
amount by the President $150.00
11 Objection to Pulefaamau $70.00
proceedings,per file $20.00 plus
60 sene per page
13 Priority Hearing Fee (in addition
to item 2) $300.00
14 Adjournment Fee $500.00
15 Registration and Publication
of Matai Titles $40.00
16 Certificate of confirmation of
Matai Title $20.00
17 Interim Orders by Registrar
and President $50.00”
6. Patents Act 1972 – The Sixth Schedule to the Patents Act 1972 is repealed and replaced with the following:
“SIXTH SCHEDULE
(Section 15)
On filing application and specification for
patent or registration of overseas patent $180.00
Fee to the Attorney-General for provisional
certificate of protection $450.00
On obtaining letter patent $225.00
On lodging objections $90.00
Every search and inspection $27.00
Registration of assignments
of letters of patent $135.00
Certificate of registration
issued under section 9 $225.00
Copy of extract of documents
and drawings Reasonable cost fixed by Registrar
On filing application and specification
forregistration of a New Zealand patent
issuedprior to 1 January 1962 and for
certificateof registration thereon issued
under section 9in lieu of the filing
and certificate fees above $45.00
On filing application and specification
for registration of a New Zealand patent
issuedprior to the commencement of this
Act andsubsequent to 1 January 1962 and
forcertificate of registration thereon issued
undersection 9 in lieu of the filing and
certificate feesabove $225.00”
7. Trademarks Act 1972 – The Second Schedule to the Trademarks Act 1972 is repealed and replaced with the following:
“SECOND SCHEDULE
(Section 24: Proviso)
LIST OF FEES PAYABLE
On application to register a
trade mark or renewal of a
trade mark $180.00
On application to register a
series of trade marks under
section 12 of this Act or a
renewal thereof:
For the first trade mark $180.00
For every other trade mark
in the series $60.00
On application for a certificate
of registration under section 16 of
this Act $180.00
On application for a certificate
of registration under section 16
of this Act of any New Zealand
trade mark registered prior to
1 January 1962 provided application
is made within one year of the
commencement of this Act $45.00
On renewal of registration of
an overseas trade mark $90.00
On filing an appeal under
section 17 of this Act $90.00
On application to register an
assignment or transmission $45.00
For a search under section 4 (3) $18.00
For a certified copy of
any entry in the register $18.00
For typed or photographic
copy of documents Reasonable Cost fixed
by Registrar”.
8. Companies Act 1955 – The First Schedule to the Companies Act 1955 is repealed and replaced with the following:
“FIRST SCHEDULE
(Sections 8, 379, 470)
TABLE OF FEES TO BE PAID TO THE REGISTRAR OF COMPANIES
(i) Fees Payable on Registration or on Increase of Capital by a Company Having a Share Capital:
For registration of a company
whose nominal share capital
does exceed $4,000 $126.00
For registration of a company
whose nominal share capital
exceeds $4,000:
The above fee of $126.00 with the following
additional fees, regulated according to the amount
of nominal share capital, that is to say:
For every $2,000 of nominal
Share capital, or part of
$2,000 after the first
$4,000 up to $10,000 $18.00
For every $2,000 of nominal
Share capital, or part of
$2,000 after the first
$10,000 up to $200,000.00 $4.50
For every $2,000 of nominal
Share capital, or part of
$2,000 after the first
$10,000 up to $200,000.00 $0.90
For registration of any increase of share made after the first registration of the company: The same fees per $2,000, or part of $2,000, as would have been payable if the increased share capital had formed part of the original capital as the time of registration:
Provided that no company shall be liable to pay in respect of nominal share capital, on registration or afterwards, any greater amount of fees than $900.00, taking into account, in the case of fees payable on an increase of share capital after registration, the fees paid on registration.
For registration of any existing company, except such companies as are by this Act exempted from payment of fees in respect of registration under this Act. The same fee as is charged for registering a new company.
(ii) Fees Payable on Registration or on Increase of Members by a Company not having a Share Capital:
For registration of a company
whose number of members
as stated in the articles does
not exceed 20 $126.00
For registration of a company
whose number of members as
stated in the articles exceeds
20, but does not exceeds 100 $216.00
For registration of a company
whose number of members as
stated in the articles exceeds
100 but is note stated to be
unlimited. The above fee of
$216.00 with an additional
$4.50 for every additional
50 members or less after the
first 100
For registration of a company
in which the number of members
is stated in the articles to be
unlimited $396.00
For registration of any
increase in the number of
members made after the
registration of the company,
in respect of every 50 members,
or less than 50 members, of
that increase $4.50
Provided that no company shall be liable to pay in the aggregate a greater fee than $500.00 in respect of its number of members, taking into account the fee paid on the first registration of the company.
For registration of any existing company, exceed such companies as are by this Act exempted from payment of fees in respect of registration under this Act. The same fee as in charged for registering a new company.
(iii) Miscellaneous Fees
For the first certificate of incorporation:
Where the company has a
nominal share capital
exceeding $10,000.00 $180.00
In every other case $108.00
For any certificate of
incorporation after the first $4.50
For recording any
alteration of the objects
of a company $18.00
For registering under
Part IV of this Act the
instrument creating or
evidencing any charge
required to be registered
thereunder to be registered
thereunder (to be computed
in the case of a series of
debentures as on one charge
for the total amount secured
by the whole series):
Where the amount of the
charge does not
exceed $400.00 $9.00
Where the amount
exceeds $400.00 or is
not specified $18.00
Where two or more
instruments create or
evidence a charge or
charges securing the
same moneys, for every
such instrument after the
first. $4.50
For a certificate of the
registration of any charge
under Part IV of this Act $4.50
For registering any
satisfaction or partial
satisfaction of a charge
or release or partial
release of property from
a charge under Part IV
of this Act $4.50
For a certificate of
the satisfaction or partial
satisfaction or release or
partial release of a charge
under Part IV of this Act $4.50
For re-registration of
a public company as a
private company $90.00
For re-registration of
a private company as a
public company $90.00
For registering any
document by this Act
required or authorised
to be registered or
required to be
delivered, sent, or
forwarded to the Registrar
and not otherwise charged,
delivered to the Registrar
by a receiver or manager
or the statement required
to be sent to the Registrar
by a liquidator $4.50
For making a record of
any fact by this Act
required or authorised to
be recorded by the
Registrar and not otherwise
Charged $4.50
For a certified copy of
or extract from any
document $4.50
For a copy or extract
from any document, over
and above the fee for
certifying the same, for
each folio of seventy-two
words, not exceeding $0.50
For every inspection
of any document $1.00
For every inspection of
five or more documents
relating to a single company $4.50”.
9. Business Licences Ordinance 1960 – The Business Licences Ordinance 1960 is amended as follows -
(a) by deleting from section 4(1) the words “of $200.00” and replacing them with the words “as prescribed”; and
(b) by deleting from section 14(2) the words “an amount of $15” and adding the words “the amount prescribed for late payment”, after words “in respect of each licence”; and
(c) by adding to section 22(2) the following sub-paragraph;
“(g) the fees payable for business licences issued under this Act”; and
(d) by deleting from paragraph (f) of section 22(2) the figure “$100” and replacing it with the figure “$2,000”; and
(e) by deleting from section 15(4) the words “in the Third Schedule”; and
(f) by deleting from the Third Schedule all references to the amounts of fees.”.
10. Road Traffic Ordinance 1960 – The First Schedule to the Road Traffic Ordinance 1960 is repealed and replaced with the following:
“FIRST SCHEDULE
ITEM NO. DESCRIPTION OF TYPE OF LICENCE
1 Vehicle Licence issued pursuant to section 9:
(a) for each goods vehicle, tractor, other than for tractors used exclusively in connection with the cultivation or farming of the owner’s plantation or farm and used on the road only in proceeding to or from a garage in connection with the servicing or repair of such tractor) and trailer.
Tare weight (tons) Registration Fee
less than 1 $300
exceeding 1 but not
exceeding 3 $300 plus $7.50 per cwt in excess of 1
ton
exceeding 3 but not
exceeding 5 $600 plus $15 per cwtin excess of 3 tons
exceeding 5 but not
exceeding 8 $1,200 plus $22.50 per cwt in excess of 5 tons
exceeding 8 $2,550 plus $30 per cwt in excess of8 tons
(b) an additional fee in relation to a vehicle referred to in item (1)(a) for every 5 cwt net weight of the vehicle or part of every 5 cwt where the vehicles in total:
(i) 3 tons or less tare weight:
having an engine capacity up to
and including1500 cc $50 plus $21 per 5 cwt.
- having an engine capacity
from 1500 cc up to and
including 2000 cc $55 plus $23 per 5 cwt.
- having an engine capacity
from 2,000 cc up to and
including 3,000 cc $72 plus $28 per 5 cwt.
- having an engine capacity
over 3,000 cc $80 plus $32 per 5 cwt.
(ii) over 3 tons tare weight $80 + $35 (per 5cwt or part thereof)
(c) Public Service vehicles other than taxis:
The fee shall be the
same as is payable under
item (1)(a) and (b) plus
for each passenger the
vehicle is licensed to carry $6.00
(d) Taxi and rental vehicles:
(i) having an engine capacity
of up to and including
1500 cubic centimetres. $175.00
(ii) having an engine capacity from
1501cubic centimetres up to
and including 2000 cubic
centimetres. $195.00
(iii) having an engine capacity from
2001 cubic centimetres up to
and including 3000 cubic
centimetres. $240.00
(iv) having an engine capacity of
over 3000 cubic centimetres $260.00
(e) Private motor vehicles (other than motor cycles and rental vehicles):
(i) having an engine capacity
of up to and including
1500 cubic centimetres. $175.00
(ii) having an engine capacity
from 1501 cubic centimetres
up to and including 2000 cubic
centimetres. $195.00
(iii) having an engine capacity from
2001 cubic centimetres up to
and including 3000 cubic
centimetres. $240.00
(iv) having an engine capacity of
over 3000 cubic centimetres. $260.00
(f) Motor cycle (with or
without side car) $70.00
(g) Dealer’s licence issued
under section 19 $240.00
Where any licence mentioned in Item 1 (f) is issued for a number of months less than 12, the licence fee shall be the proportion of the appropriate fee above which the number of months covered by the licence bears to 12 months.
2. Driving Licence:
(a) on issue of driving
licence under section 29. $40.00
(b) on renewal of driving
licence for1 year under
section 32 $40.00
(c) on endorsement of an
international driving
licence under section 27 $12.00
(d) for practical driving
test under section 30 $20.00
3. Vehicle licence on first
registration issued under
section 13 $80.00
4. Transfer of vehicle licence
under section 17 $80.00
5. Duplicate vehicle licence
liable under section 12 $20.00
6. Road service licences -
(a) application under section 59 in respect
of one route for a road service -
Heavy Public Service
Vehicle: $150.00
Light Public
Service Vehicle: $120.00
(b) road service licence issued under section
60 for each 6 monthly period -
Heavy Public Service
Vehicle: $150.00
Light Public Service
Vehicle: $120.00
(c) application fee under
section 66for transfer
of road service licence $50.00
(d) application fee under
section 68for temporary
road service licence for
every day for which the
licence is applied for $40.00
(e) application fee for variation
of road service licence $40.00
(f) rental fees for public stands,
bus stops parking places for
every vehicle under
section 73 $25.00
7. Learner’s permit issued under
section 28 $50.00
8. Duplicate driving licence issued
under section 32 $30.00
9. New driving licence without
endorsement issued under
section 35 $40.00
10. Registration plates issued
under section 13 for motor
cycles, other motor vehicles
or trailer $120.00
11. For the issue of an
international driving
licence $40.00”.
11. Arms Ordinance 1960 – The First Schedule to the Arms Ordinance is repealed and replaced with the following:
“FIRST SCHEDULE
(Sections 7(3), 9(2) and 12(2))
FEES FOR PERMITS, LICENCES AND CERTIFICATES etc
On the issue to any person other than a
dealer of a permit to bring a firearm
and ammunition therefor into Samoa for
each importation $50.00
On the issue of a permit to a dealer to
bring firearms and ammunition into
Samoa for multiple imports for each
year or part of a year $200.00
On the issue of a dealer’s licence under
section 3 of the Ordinance - in respect
of both firearms and ammunition for
each year or part of a year $200.00
In respect of ammunition only (for each
year or part of a year) $50.00
On the issue of a certificate of
registration (for each year or part of
a year) $20.00
On the renewal for one year of a
certificate of registration $20.00
On the issue of a permit for possession
under section 7 of the Ordinance for
each such permit $20.00
On the issue of a new certificate of
registration on the destruction, defacement,
or loss of a certificate $10.00
On the issue of a licence to retain an
unlawful weapon $20.00”
12. Gaming Act 1978 – The Gaming Act 1978 is amended by inserting section 27 as follows:
“27. Fees for Lottery and Bingo Permits– (1) The fee for a lottery or bingo permit issued under this Act shall be $200 per annum.
(2) The fee payable under this section shall be paid before the lottery or bingo is conducted or played.
(3) Despite sub-section (1), fees for particular lotteries or bingo operations may be prescribed by Regulation under this Act and such fees shall be paid in substitution of the fee payable under subsection (1)”.
13. Police Offences Ordinance 1961 – Section 18(3) of the Police Offences Ordinance 1961 is amended by deleting the figure “$10” and replacing it with the figure “$50”.
14. Customs Act 1977 – The Customs Act 1977 is amended as follows:
(a) by deleting the Second Schedule and replacing it with the following:
“SECOND SCHEDULE
(Section 87)
PART I
Annual licence fees for warehouses licensed for the warehousing of dutiable goods other than oils in vessels capable of containing 100 gallons or more:
CUBIC CONTENTS OF ANNUAL
WAREHOUSE FEE
Less than 200 tons $1000
more than 200 tons and less
than 300 tons $1250
more than 300 tons and less
than 400 tons $1500
more than 400 tons and less
than 500 tons $1750
more than 500 tons and less
than 600 tons $2000
more than 600 tons and less
than 700 tons $2250
more than 700 tons and less
than 800 tons $2500
more than 800 tons and less
than 900 tons $2750
more than 900 tons and less
than 1000 tons $3000
more than 1000 tons $3250
PART II
Annual licence fees for warehouses licensed for the warehousing of oils in vessels capable of containing 100 gallons or more:
CUBIC CONTENTS OF ANNUAL
WAREHOUSE FEE
Less than 200 tons $1000
more than 200 tons and less
than 300 tons $1250
more than 300 tons and less
than 400 tons $1500
more than 400 tons and less
than 500 tons $1750
more than 500 tons and less
than 600 tons $2000
more than 600 tons and less
than 700 tons $2250
more than 700 tons and less
than 800 tons $2500
more than 800 tons and less
than 900 tons $2750
more than 900 tons and less
than 1000 tons $3000
more than 1000 tons $3250
1. When any warehouse requires the entire services of an officer or officers of Customs, the annual licence fee for that warehouse shall, in lieu of the above amounts, be $1000 for each officer so required, and all questions as to the number of officers required and the time for which their services are required shall be determined from time to time by the Comptroller, whose determination shall be final.
2. When any warehouse is used for the storage of goods during a portion only of the year, of the services of an officer of Customs are required at what warehouse during a portion only of the year, the Comptroller may remit or refund a proportionate part of the licence fee otherwise payable, calculated in respect of the period during which the warehouse is not used or the services of that officer are not required”; and
(b) by deleting from section 87(2) (b) the amount “$900” and replacing it with “$1000”;
(c) by adding paragraph (i) to section 279 as follows:
“(i) prescribing fees to be paid in respect of the exercise of any power or function under this Act or consistent with this Act, including application fees applicable to requests made for the exercise of any such power or functions”.
15. Lands and Titles Investigation Act 1966 – The Schedule to the Land and Titles Investigation Act 1966 is repealed and replaced by the following:
“SCHEDULE
(Section 25)
Item Transaction Amount of
fee
1. Giving notice of
claim to Secretary
(to cover the cost
of public notice) $100.00
2 Hearing before
Commission (to
cover sealed copy
of Commission’s
order for each party) $15.00
3 Each additional
copy of order $5.00
4 Giving notice of
Objection to Secretary $50.00”
REVISION NOTES 2008 – 2013
This is the official version of this Act as at 31 December 2013.
This Act has been revised by the Legislative Drafting Division in 2008, 2009, 2010, 2011, 2012 and 2013 under the authority of the Attorney General given under 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) Amendments have been made to up-date references to offices, officers and statutes.
(c) Insertion of the commencement date
(d) Other minor editing has been done in accordance with the lawful powers of the Attorney General.
- (i) “Every” and “any” changed to “a”
- (ii) “shall be” changed to “is” and “shall be deemed” changed to “is taken”
- (iii) “shall have” changed to “has”
- (iv) “shall be guilty” changed to “commits”
- (v) “notwithstanding” changed to despite”
- (vi) “pursuant to” changed to “under”
- (vii) “it shall be lawful” changed to “may”
- (viii) “it shall be the duty” changed to shall”
- (ix) Numbers in words changed to figures
- (x) “hereby” and “from time to time” (or “at any time” or “at all times”) removed
- (xi) “under the hand of” changed to “signed by”
There were no amendments made to this Act since the publication of the Consolidated and Revised Statutes of Samoa 2007.
This Act is administered by
the Ministry of Finance.
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