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Public Service Act 2004 - Election Candidate Regulations 2006

SAMOA

ELECTION CANDIDATE REGULATIONS 2006
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Pursuant to section 72 of the Public Service Act 2004, I, MALIETOA TANUMAFILI II, Head of State of the Independent State of Samoa, acting on the advice of Cabinet, MAKE the following Regulations:

DATED at Apia this 15^th day of March 2006.

signed:

(Malietoa Tanumafili II)
HEAD OF STATE

REGULATIONS

Arrangement of Provisions

1. Short title and commencement
2. Interpretation
3. CEO contesting an election
4. Contract employee contesting an election

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1. Short title and commencement-(1) These Regulations may be cited as the Election Candidate Regulations 2006.

(2) These Regulations commence on 16^th March 2006.

(3) Notice of commencement of these Regulations shall be published in Samoan and English in the Savali and one other newspaper circulating in Samoa.

2. Interpretation - In these Regulations, unless the contrary intention appears -

"Act" means the Public Service Act 2004;

"nomination day" has the same meaning as in the Electoral Act 1963;

"polling day" has the same meaning as in the Electoral Act 1963.

3. CEO contesting an election-(1) A person who has been appointed as a CEO under section 12 of the Act and who desires to become a candidate for election as a Member of Parliament is required to take, and shall be granted, special leave of absence for the purpose of that candidature.

(2) That special leave shall commence on a day to be nominated by the CEO, being a day not later than nomination day, and continues until the CEO withdraws the nomination before nomination day or, in any other case, the 7^th day after polling day.

(3) During that period of special leave, the CEO shall not be required or permitted to carry out any official duties and is not entitled to receive any salary or other remuneration except in relation to any other paid leave to which the CEO is entitled.

(4) Subject to subregulation (5), during that period of special leave, the CEO is not entitled to use any government property such as a motor vehicle which otherwise would be available to the CEO as part of the terms and conditions of appointment of the CEO.

(5) Subregulation (4) does not apply in relation to any government housing or housing assistance to which the CEO is entitled.

(6) For the purposes of subsection 12(6) of the Act, the terms and conditions of appointment of the CEO under subsection 12(4) of the Act are accordingly varied.

4. Contract employee contesting an election-(1) A contract employee who desires to become a candidate for election as a Member of Parliament is required to take, and shall be granted, special leave of absence for the purpose of that candidature.

(2) That special leave shall commence on a day to be nominated by the employee, being a day not later than nomination day, and continues until the employee withdraws the nomination before nomination day or, in any other case, the 7^th day after polling day.

(3) During that period of special leave, the employee shall not be required or permitted to carry out any official duties and is not entitled to receive any salary or other remuneration except in relation to any other paid leave to which the employee is entitled.

(4) Subject to subregulation (5), during that period of special leave, the employee is not entitled to use any government property such as a motor vehicle which otherwise would be available to the employee as part of the terms and conditions of appointment of the employee.

(5) Subregulation (4) does not apply in relation to any government housing or housing assistance to which the employee is entitled.

(6) For the purposes of subsection 72(2) of the Act, the terms and conditions of appointment of contract employees are accordingly varied.

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Issued under the authority of the Regulations Ordinance 1953.

Date of Commencement: 16^th March 2006

These Regulations are administered in the Office of the Electoral Commissioner.