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International Date Line Act 2011

SAMOA

INTERNATIONAL DATE LINE ACT 2011

Arrangement of Provisions

1. Short title and commencement
2. Act binds the Government
3. Interpretation
4. Samoa standard time
5. International Date Line
6. Deeming provisions

7. Calculation of interest
8. Effect on pay and allowances
9. Offence and penalty
10. Maps, charts and atlases
11. Non-liability of Government
12. Consequential amendments
    

Schedule

INTERNATIONAL DATE LINE ACT
2011 No. 6

AN ACT to provide for the change to standard time in Samoa and to make consequential amendments to the position of the International Date Line, and for related purposes.

[Assent date:28 June 2011]

[Commencement date for whole Act: 29 December 2011]

Commencement for section 5(3): 28 June 2011]

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 International Date Line Act 2011.
(2) Except for section 5(3), this Act commences at 12 o’clock midnight, on Thursday 29 December 2011.
(3) Section 5(3) commences on the date of assent by the Head of State.

2. Act binds the Government – This Act binds the Government of Samoa.

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

“instrument” includes:

(a) a form of enactment, order, notice or rule made under delegated power conferred by statute or regulation; and

(b) a contract taking effect in Samoa or having affecting parties in Samoa regardless of where the contract is to be performed or enforced;

“International Date Line” means meridian (in red colour) depicted in the map in the Schedule;

“Samoa standard time” in this Act and any other statute of Samoa which refers to ‘Samoa standard time’ means the time 13 hours in advance of Co-ordinated Universal Time.

4. Samoa standard time – (1) Upon the commencement of this Act, Samoa standard time shall be set at 13 hours in advance of Co-ordinated Universal Time for the whole of Samoa.
(2) All references to Samoa’s time zone and to Samoa standard time in Samoa in all legislation and instruments after the commencement of this Act shall be references to Samoa standard time as provided for in this Act.
(3) Nothing in this Act affects the provisions of the Daylight Saving Act 2009, except that it defines Samoa standard time.

5. International Date Line – (1) Upon the commencement of this Act, the International Date Line within Samoa territorial waters and for all other lawful purposes is moved from the west of Samoa to the east of Samoa to reflect Samoa standard time.
(2) For all purposes in and affecting Samoa the precise position of all International Date Line shall be the 171o longitude west of Greenwich and as is depicted (in blue colour) in the map in the Schedule.
(3) The Government of Samoa shall consult with relevant mapping and charting authorities regarding the change in Samoa standard time and the consequential moving of the International Date Line.
6. Deeming provisions – (1) For the purposes of a deadline or time limit in a statute based on a number of days which falls on the day which is lost due to the change in Samoa standard time, the next consecutive day shall be counted as the day lost.
(2) Where a statute, regulation, decision of the Court or other instrument specifies a period of time within which an action must be taken, time must be served or notice must be given, the period shall expire on the next day or the next business day whichever is relevant.

7. Calculation of interest – Where under an instrument of loan it is required to calculate interest on a daily basis, the calculation of interest shall be made so as to reflect that there is no interest calculated for the day lost consequent upon the commencement of this Act.

8. Effect on pay and allowances – Where, by reason of the change in Samoa standard time upon the commencement date of this Act, the normal or usual hours worked by an employee on that day are lost, the applicable pay and allowance of that employee for that day must be an amount equal to the amount of pay and allowances for the day lost if that employee would normally have worked on the day lost.

9. Offence and penalty – (1) An employer commits an offence if he or she does not pay an employee for the normal or usual hours (inclusive of contributions paid under the National Provident Fund Act 1972 and the Accident Compensation Act 1989 and other like benefits or contributions) that the employee would have earned or been paid on the day lost due to the change in Samoa standard time.
(2) An employer who contravenes subsection (1):

(a) is liable upon conviction to a fine not exceeding 50 penalty units or a term of imprisonment not exceeding 3 months; and

(b) with or without conviction must make the payment as required under subsection (1).

10. Maps, charts and atlases – (1) This Act applies to any maps, charts and atlases which reflect the International Date Line and a document mentioning or referring to a point of time in connection with the International Date Line.
(2) After the commencement of this Act all maps, charts and atlases prepared in Samoa or for the Government of Samoa must accurately depict the International Date Line in the position reflected in the map in the Schedule (in blue colour).

11. Non-liability of Government – The Government is not liable by reason of a provision for a damage, injury or loss that may be suffered by a person as a result of the change in Samoa standard time or arising from or incidental to a matter arising from the change in Samoa standard time, or the International Date Line change in accordance with this Act.

12. Consequential amendments – (1) The Measures Ordinance 1960 is amended by:

(a) omitting “Samoa standard time” and its definition in section 2; and

(b) repealing sections 6 and 7.
(2) Section 2 of the Daylight Saving Act 2009 is amended by substituting the definition of “standard time” with the following:

“means the time 13 hours in advance of Co-ordinated Universal Time.”.

SCHEDULE
(Sections 3, 5(2), 10(2))

REVISION NOTES 2011 – 2019

This is the official version of this Act as at 31 December 2019.

This Act has been revised by the Legislative Drafting Division in 2011 – 2019 respectively 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) Insertion of the commencement date.
(c) the words “contrary intention appears” has been substituted with “context otherwise requires” under section 3.

There were no amendments made to this Act since its enactment.

This Act is administered by
the Ministry of Commerce, Industry and Labour.