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Agriculture Store Corporation Repeal Act 2013

SAMOA

AGRICULTURE STORE CORPORATION REPEAL ACT 2013

Arrangement of Provisions

1. Short title and commencement
2. Dissolution of the Corporation
3. Validation of incorporation
4. Transfer and vesting of assets, etc.
5. Monopolisation
6. Transitional and saving
7. Conditions
8. Repeal
   

Schedule

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2013 No. 20

AN ACT to repeal the Agriculture Store Corporation Act 1975 and for related purposes.

[Assent date: 9^th August 2013]

[Commencement date: 1^st February 2016]

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 Agriculture Store Corporation Repeal Act 2013.
(2) This Act commences on a date nominated by the Minister of Finance.

2. Dissolution of the Corporation - The Agriculture Store Corporation established under the Agriculture Store Corporation Act 1975 is dissolved.

3. Validation of incorporation - The incorporation of the Agriculture Store Corporation Limited is regarded as validly registered and made and, despite the provisions of any other law to the contrary, no right of action shall exist to challenge its incorporation under that name.

4. Transfer and vesting of assets, etc.-(1) Subject to subsection (2), any assets, property, funds, rights and liabilities of the Agriculture Store Corporation that existed at the commencement of this Act are transferred to and vested in the Agriculture Store Corporation Limited.
(2) The assets and property of the Agriculture Store Corporation set out in the Schedule are transferred to and vested in the Government at the commencement of this Act.
(3) For the purpose of this section, “land” listed as Asset No. 2, in the Schedule includes any building on it.

5. Monopolisation-(1) A person, who may be, or is, in a position to substantially control the market as a result of the privatisation of Agriculture Store Corporation Limited, shall not be eligible for consideration in such privatisation process.
(2) For the purpose of this section “market” means the market in which the Agriculture Store Corporation formerly traded, and that in which the Agriculture Store Corporation Limited shall trade.

6. Transitional and saving - At the commencement of this Act:

(a) all actions, suits, proceedings and acts of authority lawfully taken by or on behalf of the Agriculture Store Corporation continue under the name of and as if made by the Agriculture Store Corporation Limited;

(b) contracts, agreement or other business arrangement of the old Corporation continue under the name of and as if made by the Agriculture Store Corporation Limited;

(c) staff or persons engaged by the Agriculture Store Corporation continue as staff or persons regarded as engaged by the Agriculture Store Corporation Limited;

(d) borrowing, debenture, mortgage, charge or investment of the Agriculture Store Corporation continue under the name of and as if made by the Agriculture Store Corporation Limited.

7. Conditions - Cabinet may approve conditions necessary for giving full effect to the tender process and due administration of such process.

8. Repeal - The Agriculture Store Corporation Act 1975 is repealed, including any regulations or other statutory instruments made under it.

SCHEDULE
(Section 4)

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REVISION NOTES 2016

This is the official version of this Act as at 31 December 2016.

This Act has been revised by the Legislative Drafting Division in 2016 respectively under the authority of the Attorney General given under the Revision and Publication of Laws Act 2008.

The only general revision made was the insertion of the assent and commencement date.

This Act is administered by

the Ministry of Finance