rangement of Provisions

1. Short title and commencement
2. Section 5 amended
3. Section 6 substituted
4. Consequential amendment and
transitional

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2014, No. 15

AN ACT to amend the Trade, Commerce and Industry Act
1990 (“principal Act”). [7th
April 2014]

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 Trade, Commerce and Industry Amendment Act 2014.
(2) This Act commences on the date assented to by the Head of
State.

2. Section 5 amended - For section 5(1)(q)(1) and (3) to (8) of
the principal Act, substitute:

“5A. Trade, Commerce and Industry Board-(1) The
Trade, Commerce and Industry Board is established
comprising the following members:
(a) the Minister as Chairperson;
(b) the Chief Executive Officer of the Ministry of
Commerce, Industry and Labour;




2 Trade, Commerce and Industry Amendment 2014, No. 15

(c) a member to represent the Ministry of Finance;
(d) a member to represent the Ministry of Foreign
Affairs and Trade;
(e) a member to represent Samoa Tourism Authority;
(f) the President or a representative of the Samoa
Chamber of Commerce;
(g) the President or a representative of Samoa
Association of Manufacturers and Exporters;
(h) a member to represent the Industry Development
and Investment Promotion Division of the
Ministry of Commerce, Industry and Labour,
who shall also act as the Secretary of the Board.
(2) The Head of State, acting on the advice of Cabinet,
appoints an appointed member.
(3) If an appointed member dies, or resigns, or is removed
from office, the Head of State acting on the advice of Cabinet
may appoint another person in place of that member to hold
office for the balance of that member’s term of office.
(4) In this Act:
“appointed member” means a member appointed as a
representative under subsection (1)(b) to (g);
“Board” means the Trade, Commerce and Industry Board
established by subsection (1).

5B. Terms and resignation - A member:
(a) holds office for a term of three (3) years; and
(b) is eligible for reappointment; and
(c) upon expiry of the term under paragraph (a),
continues until reappointed or a successor is
appointed; and
(d) may resign by written notice to the Board.

5C. Removal - Cabinet, may remove an appointed member:
(a) for disability, neglect of duty, misconduct, or
bankruptcy; or
(b) if the appointed member has left Samoa
permanently; or





2014, No. 15 Trade, Commerce and Industry Amendment 3

(c) if the appointed member is absent from three (3)
consecutive meetings without the permission of
the Board.

5D. Meetings-(1) The following rules apply to a meeting of
the Board:
(a) meetings are to be convened by the Board in private
or public;
(b) five (5) members constitute a quorum;
(c) the chairperson or (if the chairperson is absent) a
member appointed by the members present, is to
chair that meeting;
(d) the chair of that meeting has a deliberative vote and
a casting vote;
(e) a decision of the majority is the decision of the
Board;
(f) the Board may regulate its own procedures, subject
to this section.
(2) The Secretary is responsible for the taking of minutes of
meetings of the Board and safe keeping in a Minute Book.

5E. Allowances - A member of the Board is entitled to
allowances and fees determined by Cabinet.”.

3. Section 6 substituted - For section 6 of the principal Act,
substitute:

“6. Chief Executive Officer - The Chief Executive Officer
of the Ministry of Commerce, Industry and Labour appointed
under the Public Service Act 2004 is the Administrative Head
of the Department.”.

4. Consequential amendment and transitional-(1) A
reference in this Act or any other Act to “Secretary” for Trade,
Commerce and Industry wherever it occurs is amended and to be
substituted as “Chief Executive Officer”.





4 Trade, Commerce and Industry Amendment 2014, No. 15

(2) At the commencement of this Act, current appointed
members of the Board continue until their terms expire or offices
become vacant.
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The Trade, Commerce and Industry Amendment Act 2014
is administered by the Ministry of Commerce, Industry and Labour.