2007 South Pacific Games Authority Amendment Act

Link to law: http://www.palemene.ws/new/wp-content/uploads/01.Acts/Acts%202005/2007_South_Pacific_Games_Authority_Amendment_Act_2005_-_Eng.pdf
Published: 2005

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2005, No.21

AN ACT to amend the 2007 South Pacific Games Authority
Act 2002. [22nd
November 2005]

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 2007 South Pacific Games Authority Amendment

2005, No.21 2007 South Pacific Games Authority 17
Amendment 2005

Act 2005 and shall be read with and form part of the 2007 South
Pacific Games Authority Act 2002 (the Principal Act).
(2) This Act shall commence on the date of assent by the
Head of State.
(3) Notice of commencement of this Act shall be published
in Samoan and English in the Savali and one other newspaper
circulating in Samoa.

2. Interpretation – Section 2 of the Principal Act is
amended by:

(1) Inserting in alphabetical order the following definitions:
““Games Event” means an event or activity conducted as
part of the Games and includes but is not limited to:
(a) a sporting event; and
(b) the opening and closing ceremonies; and
(c) the torch relay; and
(d) a cultural event associated with the Games;
“Games Indicia” means:
(a) the words, numbers, names and marks listed in
Schedule 2; and
(b) the logos, or any part of the logos, in Schedule 3;
and
(c) any other indicia or image that refers to or represents
the South Pacific Games or any part of such an
indicia or image;
“SPGC indicia” means:
(a) the words, numbers, names, marks and logos listed
in Schedule 4; and
(b) any other indicia or image that refers to or represents
the South Pacific Games Council or any part of
such an indicia or image;
“SPGC” means the South Pacific Games Council created
under the South Pacific Games Charter.”
(2) Amending the Interpretation of “Intellectual Property
Rights” as follows:

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Amendment 2005

(a) where the word “Schedule” first appears, omit the
word “the” appearing immediately before and
insert numeral “1” immediately after.
(b) omit the word “Schedule” appearing after the words
“may amend the” and before the words “from
time to time” and substitute the word
“Schedules”.

3. Membership of the Authority – Section 4 of the
Principal Act is amended as follows:
(1) Deleting the words “Two persons” in subsection (1)(f)
and substituting the expression “Three members of the
executive board of SASNOC”.

4. Alternates of Members – The Principal Act is amended
by inserting immediately after section 4:

“4A. Alternates of Members – The Chief Executive
Officer of the Ministry of Works, Transport and
Infrastructure, the Chief Executive Officer of the Ministry
of Education, Sports and Culture, the Chief Executive
Officer of the Ministry of Finance and the Attorney General
may appoint as their alternate a senior officer of their
Ministry or Office to attend a meeting of the Authority on
their behalf where such officeholder is unable to do so
because of illness or other good reason.”

5. Purpose and function of the Authority – Section 5 of
the Principal Act is deleted and the following substituted:

“5. Purpose and functions of the Authority–(1) The
Authority’s purpose and functions are:
(a) The preparation, management and conduct of the
2007 South Pacific Games in Samoa; and
(b) Developing and providing facilities for and
allocating funds for the training and development

2005, No.21 2007 South Pacific Games Authority 19
Amendment 2005

of sports and athletes representing Samoa in the
Games.”

6. Vacancies and procedures of the Authority – Section
7 of the Principal Act is amended by:
(1) Deleting subsection (1) and substituting the
following:
“(1) A member of the Authority may be removed from
office by the Head of State, acting upon the advice of
Cabinet for:
(a) disability;
(b) inefficiency;
(c) bankruptcy;
(d) neglect of duty;
(e) misconduct;
(f) permanent departure from Samoa; or
(g) resignation from office by written notice addressed
to the Chairman.
(1a) A member of the Authority appointed under section
4(1)(f) who ceases to be a member of the executive board of
SASNOC ceases to be a member of the Authority.
(1b) A member of the Authority appointed under section
4(1)(i) who ceases to be a member of the Apia Park and
Sports Facilities Board ceases to be a member of the
Authority.”
(2) Deleting from subsection 4 the expression “six (6)” and
substituting the expression “seven (7)”.
(3) Inserting after subsection (5) the following:

“(5a) All resolutions must be proposed, seconded and
put to a vote.
(5b) The Authority may only exercise powers through
resolutions and delegations made by the Authority.”


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Amendment 2005

7. Minutes of the Authority – The Principal Act is
amended by inserting the following after section 7:

“7A. Minutes of the Authority–(1) The secretary of
the Authority shall be the Executive Secretary to the
Minister.
(2) The Authority shall ensure that the secretary
maintains accurate minutes of its meeting which shall
accurately and faithfully record all resolutions of the
Authority (including a notation of dissent by any member if
that member requests that such dissent be recorded).
(3) A copy of the minutes of each meeting shall be
furnished to each member not later than seven days after the
completion of the meeting to which the minutes relate.”

8. Part IV - Protection of media rights amended – Part
IV of the Principal Act is amended by inserting after the word
“RIGHTS” in the heading to Part IV the words “AND
GAMES INDICIA”.

9. Authority may authorise use of Games Indicia -
Section 14 of the Principal Act is deleted and the following
substituted:

“14. Authority may authorise use of Games
Indicia–(1) The Authority may authorise a person to use the
Games Indicia and SPGC Indicia subject to any terms and
conditions the Authority deems fit.
(2) An authorisation under this section must be in writing.

14A. Uses of Games Indicia which are deemed to be
authorized-(1) Subject to subsection (2), the following
persons may use Games Indicia and will be deemed to be
authorised to do so under this Part:

2005, No.21 2007 South Pacific Games Authority 21
Amendment 2005

(a) Athletes and sports teams competing in the Games
and their coaches;
(b) SASNOC;
(c) Any person, if the use is incidental to the reporting
of news and the presentation of current affairs;
(d) Any person, if the use is solely for:
(i) study, research, review or criticism;
or
(ii) educational purposes.
(2) A person is not authorised under subsection (1) if
the use of the Games Indicia:
(a) is for a commercial purpose; or
(b) is for a promotional, advertising or marketing
purpose, whether or not for commercial gain; or
(c) would otherwise be in contravention of section 15B.

14B. Authority may authorise broadcasting or
recording-(1) The Authority may authorise a person to:
(a) Broadcast, telecast or transmit by any means
whatsoever any sound or image of any part of a
Games Event; or
(b) Make any sound recording or any film, television,
video or digital recording of moving images of a
Games Event.
(2) An authorisation under this section must be in
writing and may be subject to any terms and conditions the
Authority deems fit.”

10. Part IVA - Offences and enforcement – The Principal
Act is amended by inserting the following after section 14B.

“PART IVA - OFFENCES AND ENFORCEMENT”

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Amendment 2005

11. Offence to use Games Indicia without authorisation – Section 15 of the Principal Act is deleted and the following
substituted:

“15. Offence to use a Games Indicia without
authorisation–(1) A person commits an offence if that
person uses a Games Indicia, or anything deceptively
similar to a Games Indicia, for:
(a) a commercial purpose; or
(b) promotional, advertising or marketing purposes,
whether or not for commercial gain,
unless the person is authorised under section 14 or section
14A.
(2) Any person convicted of an offence under subsection
(1) shall be liable to a fine of up to 1000 penalty units or
imprisonment for one (1) year or both a fine and
imprisonment.
(3) Any body corporate convicted of an offence under
subsection (1) shall be liable to a fine of up to 5000 penalty
units or imprisonment for two (2) years or both a fine and
imprisonment.

15A. Offence to broadcast or record a Games Event
without authorisation-(1) A person who broadcasts,
telecasts or transmits by any means whatever any sound or
image of a Games Event for profit or gain, or for a purpose
that includes profit or gain, commits an offence unless the
person is authorised under section 14B.
(2) A person who makes any sound recording or any
film, television, video or digital recording of moving images
of a Games Event commits an offence unless the person has
a broadcasting authorization under section 14B.
(3) Any person convicted of an offence under
subsection (1) or (2) shall be liable to a fine of up to 1000

2005, No.21 2007 South Pacific Games Authority 23
Amendment 2005

penalty units or imprisonment for one (1) year or both a fine
and imprisonment.
(4) Any body corporate convicted of an offence under
subsection (1) shall be liable to a fine of up to 5000 penalty
units or imprisonment for two (2) years or both a fine and
imprisonment.

15B. Offence to engage in conduct that suggests
sponsorship, approval or affiliation-(1) A person who
engages in conduct which would suggest to a reasonable
person:
(a) That goods or services have a sponsorship, approval
or affiliation that they do not have with:
(i) the Games; or
(ii) a Games Event; or
(iii) the Authority; or
(iv) the SPGC, commits an offence.
(b) That any person has a sponsorship, approval or
affiliation that they do not have with:
(i) the Games; or
(ii) a Games Event; or
(iii) the Authority; or
(iv) the SPGC, commits an offence.
(2) Any person convicted of an offence under subsection
(1) shall be liable to a fine of up to 1000 penalty units or
imprisonment for one (1) year or both a fine and
imprisonment.
(3) Any body corporate convicted of an offence under
subsection (1) shall be liable to a fine of up to 5000 penalty
units or imprisonment for two (2) years or both a fine and
imprisonment.

15C. Attempts, aiding, abetting, etc.-(1) A person
commits an offence if that person engages in conduct that

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constitutes:
(a) aiding, abetting, counseling or procuring a person to
contravene section 15, 15A or 15B; or
(b) attempting or conspiring to contravene section 15,
15A or 15B; or
(c) inducing or attempting to induce a person, whether
by threats, promises or otherwise, to contravene
section 15, 15A or 15B; or
(d) being in any way, directly or indirectly, knowingly
concerned with the contravention by a person of
section 15, 15A or 15B.

15D. Offences by body corporate-(1) This section
applies to any person, officer or employee, by whatever
name called, who is concerned with or takes part in the
management of a body corporate.
(2) If a body corporate is convicted of an offence under
this Part, any person, officer or employee of the body
corporate who was in any way, by act or omission, directly
or indirectly, knowingly concerned with or party to the
commission of the offence is also guilty of that offence and
liable to the penalty for that offence as if the person, officer
or employee were a body corporate.

15E. Injunctions-(1) The Authority, or any person
authorised by the Authority under section 14 or 14B, may
apply to the Supreme Court for the grant of an injunction
restraining a person from engaging in conduct that
constitutes a contravention of sections 15, 15A, 15B or 15C.
(2) The Supreme Court may grant an injunction
restraining a person from engaging in the conduct referred
to in sections 15, 15A, 15B or 15C if the Court:
(a) is satisfied on the balance of probabilities that the
person is engaging or has been engaging in
conduct of that kind, whether or not it appears to
the Court that:



2005, No.21 2007 South Pacific Games Authority 25
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(i) the person intends to continue to
engage in, or engage again, in such conduct;
or
(ii) there is any imminent danger of
substantial damage to the applicant; or
(b) determines it to be appropriate in all of the
circumstances.

15F. Action for damages or account of profits-(1) If
the Authority, or any person authorised by the Authority
under section 14 or 14B, suffers any loss or damage by a
contravention of section 15, 15A or 15B, the Authority or
any person authorised by the Authority may recover the
amount of the loss or damage by proceeding in the Supreme
Court against any person involved in the contravention.
(2) The Authority or any person authorised by the
Authority under section 14 or 14B may apply for an account
of profits in respect of a contravention of section 15, 15A or
15B by proceeding in the Supreme Court against any person
involved in the contravention.
(3) The Authority or any person authorised by the
Authority under section 14 or 14B is not entitled to bring
proceedings for both damages and an account of profits in
respect of the same contravention of section 15, 15A or
15B.”

12. Seizure of unlawful materials – Section 16 of the
Principal Act is amended by:
(1) Deleting from the title of the section the word “media”.
(2) Inserting after the number 15 in section 16(1)(a) the
following:
“15A, 15B or 15C.”
(3) Deleting subsection (3) and substituting the following:
“(3) Any item or object seized under this section may be
used in connection with a prosecution for an offence

26 2007 South Pacific Games Authority 2005, No.21
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under section 15, 15A, 15B or 15C or any proceedings
brought under section 15E or 15F.”
(4) Deleting subsection (4) and substituting the following:
“(4) Any item, object or material seized under this
section shall be forfeited to the Independent State of Samoa
if it:
(a) Is found to have been used or involved with the
commission of an offence under, or a
contravention of, section 15, 15A, 15B or 15C; or
(b) Is found to have been created or brought into
existence as part of or as a consequence of a
person committing an offence under, or a
contravention of, section 15, 15A, 15B or 15C; or
(c) Remains seized at 30 June 2008 and has not been
forfeited under this section or returned to the
person from whom it was seized under
subsection (6).”
(5) Inserting immediately after subsection 16(4) the
following:
“(5) Before proceedings are commenced for an offence
under section 15, 15A, 15B or 15C in relation to any seized
item, object or material, the person from whom it was seized
may voluntarily forfeit that item, object or material to the
Independent State of Samoa by written notice given to the
Authority.
(6) If any item, object or material seized under this section
has not been voluntarily forfeited under section 16(4) and:
(a) Proceedings are not instituted for an offence against
section 15, 15A, 15B or 15C in relation to the
seized item, object or material within 12 months
of seizure; or
(b) After proceedings have been instituted and
completed, the defendant is found not guilty,
the person from whom such item, object or material was
seized is entitled to recover the seized item, object or
material upon written request to the Authority.”


2005, No.21 2007 South Pacific Games Authority 27
Amendment 2005

13. Section 19 repealed – The Principal Act is amended by
repealing section 19.

14. Part VA-Protection Of Games Events – The Principal
Act is amended by:
(1) Inserting immediately after section 20 the following:

“PART VA–PROTECTION OF GAMES EVENTS

20A. Offence to obstruct or hinder a Games Event–
(1) A person who intentionally or recklessly engages in
conduct that obstructs or hinders a Games Event is guilty of
an offence.
(2) Any person convicted of an offence under subsection
(1) shall be liable to a fine of up to 1000 penalty units or
imprisonment for one (1) year or both a fine and
imprisonment.
(3) Any body corporate convicted of an offence under
subsection (1) shall be liable to a fine of up to 5000 penalty
units or imprisonment for two (2) years or both a fine and
imprisonment.”

15. Extraterritoriality - The Principal Act is amended by
inserting immediately after section 24 the following:

“25. Extraterritoriality–(1) It is intended by Parliament
that this Act operates in relation to all acts, omissions,
transactions and things done or not done, entered into or
occurring inside and outside Samoa.
(2) The Supreme Court of Samoa shall have
extraterritorial jurisdiction in any proceedings brought under
this Act.”

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Amendment 2005

16. Schedules – The Principal Act is amended by:
(1) Inserting the number “1” immediately after the word
“SCHEDULE”. (2) Inserting the following after Schedule 1:


SCHEDULE 2 – GAMES INDICIA
(words, numbers, names and marks)


SCHEDULE 3 – GAMES INDICIA
(logos)


SCHEDULE 4 – SPGC INDICIA
(words, numbers, names, marks and logos)