rangement of Provisions

PART 1
PRELIMINARY

1. Short title and commencement
2. Application

PART 2
DEFINITIONS AND
INTERPRETATION
OF ACTS

3. Definitions
4. Definitions in Acts apply to
subsidiary legislation
5. Gender, number and
grammatical forms
6. Reference to Gazette includes
Savali
7. Principles of interpretation
8. Interpretation of “shall” and
“may”

PART 3
GENERAL,
COMMENCEMENT
AND CITATION

Division 1 - General matters

9. Judicial notice, divisions and
parts of Acts
10. References in provisions of
Acts
11. English and Samoan versions
of Acts

Division 2 - Assent and
commencement

12. Insertion of date of assent
13. Commencement of Acts
14. Time of commencement
15. Gazetting of Acts unnecessary

Division 3 - Citation

16. Citing Acts
17. Reference to printed copies of
Acts
18. Citation includes amendments
and first and last words

PART 4
AMENDMENTS
AND REPEALS

Division 1 - Amendments

19. Amendments
20. Effect of amendments


2 Acts Interpretation 2015, No. 42
Division 2 - Repeals

21. Repealed Acts not revived
22. Application of repeal
23. Effect of repeal on prior
offences and breaches of
enactments
24. Powers in Acts repealed by
consolidating Acts
25. Effect of repeal
26. Reference to repealed Act in an
Act

PART 5
APPOINTMENTS,
DUTIES AND POWERS

Division 1 - Appointment
and powers

27. Exercise of power before
commencement of Acts
28. Extent of and implied powers
29. Implied powers to regulate
30. Appointment by name or
office
31. Power to appoint
32. Exercise of powers in special
circumstances
33. Exercise of Minister’s powers
34. Appeal may be heard by
qualified person
35. Power of Cabinet
36. Power to correct error
Division 2 - Corporate and
unincorporated bodies
37. Powers and duties of corporate
bodies
38. Alternate and acting members,
resignation and expert advice
39. Chairperson and secretary
40. Signing of documents
41. Meetings and majority
42. Power not affected by vacancy
or irregularity
Division 3 - Delegation
43. Delegation of powers and
duties
44. Extent of delegation
PART 6
TIME AND DISTANCE
45. Standard time
46. Determining time
47. Time not specified
48. Distance
PART 7
SUBSIDIARY LEGISLATION
49. Judicial notice
50. Citation and reference
51. General provisions
52. Fees and charges
53. Rules of court

PART 8
OFFENCES, PENALTIES,
PROCEEDINGS AND
EVIDENCE
Division 1 - Offences
and penalties
54. Maximum and cumulative
penalties
55. Statement of penalties
56. Offences against body
corporate
57. Disposal of fines and penalties
Division 2 - Proceedings
and evidence
58. Proceedings not to abate on
death
59. Imposition of penalty not bar
to civil action
60. Forfeitures


2015, No. 42 Acts Interpretation 3
61. Evidence
62. Administration of oath

PART 9
MISCELLANEOUS

63. Forms
64. Service of documents
65. Power to make corrections in
Acts
66. Examples
67. Acts not binding on
Government
68. Repeal


__________

2015, No. 42

AN ACT to provide the principles and rules for interpretation
of and general definitions for Acts, to shorten Acts, to
promote consistency in the language and form in Acts and
for related purposes. [05th November 2015]

BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:

PART 1
PRELIMINARY

1. Short title and commencement-(1) This Act may be cited as
the Acts Interpretation Act 2015.
(2) This Act commences on the date of assent by the Head of
State.

2. Application-(1) This Act applies to:
(a) all Acts, and the construction of their words or
expressions, enacted before or after this Act; and
(b) this Act and the construction of words or expressions
used in this Act; and
(c) the Government.
(2) This Act does not apply if:
(a) a provision of this Act is inconsistent with the intent,
object of, or a definition or interpretation in an Act;
or


4 Acts Interpretation 2015, No. 42

(b) the interpretation of a provision of this Act and a word,
expression, or section in an Act would be
inconsistent with the context of that Act; or
(c) a contrary provision, context or intention is provided in
an Act.
(3) It is not necessary to state in an Act that a definition in, or a
provision of, or this Act applies to that Act.

PART 2
DEFINITIONS AND
INTERPRETATION OF ACTS

3. Definitions-(1) In an Act:
“act”:
(a) for an offence or civil wrong, includes a series of acts,
and any word (which refers to acts done) extends
to illegal or tortious omissions;
(b) for any other act, includes the causing of the act.
“Act” means an Act of Parliament or Ordinance, and includes
subsidiary legislation made under the Act or Ordinance or a
portion of an Act, Ordinance or subsidiary legislation;
“adult” means a person aged 21 or over;
“affidavit” means a written statement made under oath or
affirmation;
“aircraft” includes any type of craft used in aerial navigation;
“amend” includes vary, add, substitute, replace, omit, repeal,
revoke, rescind or cancel;
“Attorney-General” means the person appointed as the
Attorney-General under Article 41(1) of the Constitution;
“Auditor-General” means the person appointed as the
Controller and Auditor-General under Article 97(1) of the
Constitution;
“barrister and solicitor”, means a person admitted as such to
practise law under the Lawyers and Legal Practice Act
2014;
“boat” has the same meaning as “ship”;
“Cabinet” means the Cabinet of Ministers constituted under
Article 32 of the Constitution;


2015, No. 42 Acts Interpretation 5

“Central Bank” means the Central Bank of Samoa established
by the Central Bank of Samoa Act 1984;
“chartered accountant” has the same meaning as “public
accountant”;
“Chief Executive Officer”, for a Ministry, means the person
appointed as the administrative head of the Ministry, and
includes the head of a constitutional authority;
“Chief Justice” means the person appointed under Article 65(2)
of the Constitution as the Chief Justice of the Supreme
Court;
“citizen” means a citizen of Samoa;
“Clerk” means the person appointed as the Clerk of the
Legislative Assembly;
“coin” means a coin legally current in Samoa;
“commencement”, of an Act, means the date on or from which
the Act comes into force or operation;
“Commissioner of Police” means the person appointed as the
Commissioner of the Samoa Police Service under the Police
Service Act 2009;
“Commissioner of Prisons” means the person appointed as the
Commissioner of Prisons and Corrections under the Prisons
and Corrections Act 2013;
“company”, includes the successors and assigns of the
company;
“Comptroller” means the Comptroller of Customs established
under the Customs Act 1977;
“condition” includes qualification, limitation, control, exception,
restriction or prohibition;
“constable” has the same meaning as “police officer”;
“Constitution” means the Constitution of the Independent State
of Samoa;
“constitutional authority” has the meaning given in the Public
Service Act 2004;
“contravene” includes fail to comply, breach or violate;
“conviction”, relating to an offence, means a finding of guilt
by a court, whether or not the conviction is recorded;
“counsel” has the same meaning as “barrister and solicitor”;
“country”, other than Samoa, includes a state, province,
territory or similar division of a country;


6 Acts Interpretation 2015, No. 42

“court” means a court of competent jurisdiction of Samoa
constituted under the Constitution or an Act;
“Court of Appeal” means the Court of Appeal of Samoa
constituted under Article 75 of the Constitution;
“customary land” has the meaning in Article 101 of the
Constitution;
“customs” means the customs, usages and traditional practices
of the Samoan people existing in relation to the matter in
question at the time when the matter arises, regardless of
whether or not the custom, usage or practice has existed
from time immemorial;
“date of assent” in relation to an Act or subsidiary legislation,
means the date the Act is signed by the Head of State or for
any subsidiary legislation made by the Head of State, the
date the subsidiary legislation is signed by the Head of State;
“definition” means the meaning given to a word or expression
in an Act;
“district” means an administrative district of Samoa;
“District Court” means a District Court constituted under the
District Court Act 1969;
“document” means a record of information, including the
following:
(a) anything on which there is writing;
(b) anything on which there are figures, marks, numbers,
perforations, symbols or anything else having
meaning for persons qualified to interpret them;
(c) anything from which images, sounds, messages or
writing can be produced or reproduced, whether
with or without the aid of anything else;
(d) a drawing, map, photograph or plan.
“doctor” has the same meaning as “medical practitioner”;
“enactment” means a provision of an Act, Ordinance or
subsidiary legislation;
“estate” includes an interest, charge, right, title, claim,
demand, lien or encumbrance in or in respect of land, at
law or in equity;
“exclusive economic zone” has the meaning given in the
Maritime Zones Act 1999;


2015, No. 42 Acts Interpretation 7

“Executive Council” means the Executive Council established
under Article 39 of the Constitution;
“export” means to take out of the territory of Samoa;
“false” means contrary to fact or misleading in a material
particular;
“father”, includes an adoptive father;
“financial year”, means a period of 12 months ending on 30
June;
“freehold land” has the same meaning in Article 101(3) of the
Constitution;
“function” includes power, duty, authority or jurisdiction;
“Gazette” or “Samoa Gazette” means the Gazette published by
or under the authority of the Government, and includes a
publication of the Savali;
“gazetted” means published in the Gazette or Savali;
“Government” means the Executive Government of Samoa, and
includes:
(a) the Cabinet; and
(b) the Prime Minister; and
(c) Ministers; and
(d) all Ministries, departments and other administrative
units of a Ministry or the Government, however
described or established, including its officers and
employees; and
(e) any government statutory body or government
corporation or other government entity.
“Head of State” means the Head of State of Samoa known as O
Le Ao o le Malo elected under Part III of the Constitution;
“healthcare professional” has the meaning in the Healthcare
Professions Registration and Standards Act 2007;
“high water mark” has the meaning given in the Maritime
Zones Act 1999;
“holiday” includes Sundays, Christmas Day, New Year’s Day,
Good Friday, or a day declared to be a public holiday under
an Act;
“immovable property” means:
(a) land, whether covered by water or not; and
(b) any estate, right, interest or easement in or over land;
and


8 Acts Interpretation 2015, No. 42

(c) things attached to land or permanently fastened to
anything attached to land.
“import” means to bring into the territory of Samoa;
“internal waters” has the meaning given in the Maritime
Zones Act 1999;
“Judge” means the Chief Justice or a Judge of the Supreme
Court or a District Court, and includes a person appointed
temporarily to be or to act as a Judge of the Supreme
Court or a District Court;
“judicial proceedings” includes a proceeding at or taken in or
before a tribunal, commission of inquiry, or person, in
which evidence may be taken on oath;
“Judiciary” means the Judiciary established under Part VI of
the Constitution;
“Judge of Appeal” means a Judge of the Court of Appeal, and
includes a person appointed temporarily to be or to act as a
Judge of Appeal;
“Komesina o Sulufaiga” means the person appointed as the
Ombudsman under the Ombudsman (Komesina o
Sulufaiga) Act 2013;
“land” includes one (1) or more of the following:
(a) an estate or interest in land;
(b) a thing growing or matter on land;
(c) a thing permanently fixed to the land, including a
cellar, drain, pipe or culvert in or under the land;
(d) a house, building or similar structure on the land;
(e) land covered by water.
“Land and Titles Court” means the court established as such
under Article 103 of the Constitution and the Land and
Titles Act 1981;
“law” means the Constitution, an Act, common law, equity or
any other law that applies to or is in force in Samoa;
“lawyer” or “legal practitioner” has the same meaning as
“barrister and solicitor”;
“Legislative Assembly” means the Legislative Assembly
constituted under Article 44 of the Constitution;
“limits of Samoa” has the same meaning as “territorial limits of
Samoa”;


2015, No. 42 Acts Interpretation 9

“low water mark” has the meaning given in the Maritime
Zones Act 1999;
“master”, for a ship, means a person (except a pilot or harbour
master) who is in control or charge of the ship;
“medical practitioner” means a person who is qualified and
registered as a medical practitioner under the Healthcare
Professions Registration and Standards Act 2007 or under
any other Act regulating registration or licensing of
medical practitioners;
“Minister” means the Minister who is directed under Article 35
of the Constitution to be responsible for the administration
of a department, subject or an Act or for the Ministry that
administers the department, subject or Act, and includes the
Prime Minister or an acting Minister but does not include an
associate Minister;
“Ministry” means a Ministry specified under the Ministerial and
Departmental Arrangements Act 2003 responsible for the
administration of an Act or a business or service of the
Government, and includes a constitutional authority or a
Ministry established by an Act;
“minor” means a person aged under 21 years;
“month” means a calendar month;
“movable property” means a property, other than immovable or
real property;
“National Revenue Board” means the National Revenue
Board established under the Public Finance Management
Act 2001;
“newspaper” means a paper published and printed in Samoa
containing public news or observations for sale or
distribution to the public;
“oath” includes affirmation or statutory declaration;
“occupy” includes use, inhabit, be in possession of or enjoy
the land or premises to which the word relates, otherwise
than as a mere employee or for the mere purpose of the
care, custody or control of the land or premises;
“offence” means an act or omission for which a person can be
punished under an Act or law;
“Official Assignee” means the person appointed as the Official
Assignee under the bankruptcy legislation;


10 Acts Interpretation 2015, No. 42

“Ombudsman” has the same meaning as Komesina o Sulufaiga
(Ombudsman);
“Parliament” means the Parliament of Samoa constituted under
Article 42 of the Constitution;
“party” has the same meaning as “person”;
“penalty unit” means the penalty unit fixed under the Fines
(Review and Amendment) Act 1998 ;
“person” includes a corporation sole, or a body of persons,
whether corporate or unincorporated;
“personal property” has the same meaning as “movable
property”;
“Police” means the Samoan Police Service established under the
Police Service Act 2009;
“police officer” means a sworn member of any rank of the
Police;
“power” includes a privilege, authority, jurisdiction or
direction;
“prescribed” means prescribed by the Act in which that term is
used, or by regulation made under that Act;
“principal Act”, when used in amending an Act, means the
Act which the amending Act seeks to amend;
“property” includes immovable (or real) or movable (or
personal) property, an estate or interest in an immovable
(or real) or movable (or personal) property, a debt, a thing
in action, or any other right or interest;
“prosecutor”:
(a) means the Attorney General or a barrister and solicitor
acting under the authority of the Attorney General;
and
(b) includes a police prosecutor, or a person authorised
under an Act to undertake prosecution or a private
prosecutor.
“publication” includes one (1) or more of the following:
(a) a written or printed matter;
(b) a record, tape, wire, perforated roll, cinematograph
film or other thing by means of which a word or
idea may be mechanically, electronically or
electrically produced, reproduced, represented or
conveyed;


2015, No. 42 Acts Interpretation 11

(c) anything whether or not of a similar nature to the
matter in paragraph (b), containing any visible
representation, or by its form, shape, or in a
manner, capable of producing, reproducing,
representing or conveying a word or idea;
(d) a copy or reproduction of a matter in paragraph (a),
(b), or (c);
(e) publication on any internet site (including publication
on any linking mobile or portable device or similar
device) that is generally accessible to the public or
some other similar electronic means.
“public accountant” has the meaning under the Samoa Institute
of Accountants Act 2006;
“public notice”, for a matter not specifically required by law to
be published in a particular manner, means a notice
published in the Gazette or Savali, or in a newspaper
circulating in the place to which the act, matter, or thing
required to be publicly notified relates or refers, or in which
it arises;
“public office” means the office of:
(a) a public servant;
(b) a person listed in Articles 83(a) to (m) of the
Constitution;
(c) a person whose office is deemed to be a public office
under an enactment;
(d) a person employed in a public body established by an
enactment.
“public place” includes any road, street, building or place to
which the public have access whether as of right or
otherwise;
“public road” includes a road, highway, market place, square,
street, bridge or other way which is used by the public
whether by lawful right or by usage;
“public servant” means a person employed in the public
service, and includes a person taken to be a public servant
under any enactment;
“public service” has the meaning given in the Public Service
Act 2004;


12 Acts Interpretation 2015, No. 42

“Public Service Commission” means the Public Service
Commission established by Article 84 of the Constitution;
“real property” has the same meaning as “immovable
property”;
“registered” used with reference to a person, document or the
title to an immovable property, means registered under the
Act applying to the registration of the person, document or
title;
“regulation”, when used in an Act, means regulation made
under that Act;
“Remuneration Tribunal” means the Remuneration Tribunal
established under the Remuneration Tribunal Act 2003;
“road” includes a highway, street, bridge, square, court, alley,
lane, bridge-way, footway, parade, thoroughfare, passage
or open space to which the public are entitled or permitted
to have access whether on payment or not;
“Rules Committee” in relation to Rules of the Courts, means
the Rules Committee established under section 40 of the
Judicature Ordinance 1961;
“Samoa” means:
(a) when used in the context of a sovereign state, the
Independent State of Samoa; or
(b) when used in the context of territorial description, the
territory of Samoa comprising the islands of Upolu,
Savaii, Manono, Apolima and any other island
adjacent to it and lying between 13° and 15° south
latitude and 171° and 173° longitude west of
Greenwich; and includes all waters within the
outer limits of the territorial sea of Samoa and the
exclusive economic zone.
“Samoa waters” has the same meaning as “territorial sea of
Samoa”;
“Savali” means the publication published under that name by
the Government containing:
(a) notices required under an Act to be published in the
Savali; or
(b) other notices required by the Government to be
published in the Savali.


2015, No. 42 Acts Interpretation 13

“Secretary to Cabinet” means the person appointed as the
Secretary of Cabinet established by Article 37(2) of the
Constitution;
“sell” includes to barter, exchange, offer or attempt to sell, or
receive for sale, or have in possession for sale, or expose
for sale, or send or deliver for sale, or cause or permit to
be sold, offered, or exposed for sale;
“ship”, includes a vessel, boat or any other type of vessel used
in water navigation;
“sign” in relation to a person who is unable to write, includes
the affixing or making a seal, mark or thumb print by the
person;
“solicitor” means barrister and solicitor who practises law as a
solicitor;
“Speaker” means the member of Parliament elected as the
Speaker of the Legislative Assembly under Article 49 of the
Constitution, and includes the Deputy Speaker;
“State” means the Independent State of Samoa, and includes:
(a) the Head of State; and
(b) the Legislative Assembly and Parliament; and
(c) the Judiciary; and
(d) the Government.
“statutory declaration”, means:
(a) if made in Samoa, a declaration made under an Act or
law authorising a declaration to be made except in
the course of a judicial proceeding; or
(b) if made in another country, means a declaration made
by a person having authority under the law of that
country to take or receive a declaration.
“subsidiary legislation” means a bylaw, order, proclamation,
notice, regulation, rule, rule of court, or other document
authorised to be made under an Act of Parliament or
Ordinance;
“Supreme Court” means the Supreme Court of Samoa
constituted under Article 65 of the Constitution;
“swear” includes affirm or declare for persons authorised by an
Act or law to affirm or declare instead of swearing, or a
voluntary or other declaration authorised by an Act or law;


14 Acts Interpretation 2015, No. 42

“territorial limits of Samoa” means the outer limits of the
territorial sea of Samoa;
“territorial sea of Samoa” or “territorial waters of Samoa” has
the same meaning in the Maritime Zones Act 1999;
“Treasury Fund” means the Fund established by Article 90 of
the Constitution, and includes other public funds established
under an Act; “village Fono”, in relation to a village, means the assembly of
the Alii and Faipule of the village meeting under the custom
of that village;
“will” includes a codicil;
“word” includes a figure or symbol;
“working day” means a day of the week, other than a Saturday,
a Sunday or a public holiday;
“writing”, means representing or reproducing words, figures,
or symbols or drawings in a visible and tangible form and
medium, such as in print;
“year” means a calendar year.
(2) A word or expression defined or interpreted in an Act has the
meaning or interpretation given to it in that Act unless the context
otherwise requires.
(3) If an amending Act inserts a definition in a provision of
the Act being amended but does not specify the position in that
provision where it is to be inserted, the definition is taken to be
inserted in its appropriate alphabetical position.
(4) If a word or expression in a section or other provision of
an Act is placed in parentheses and with or without inverted
commas, the word or expression is to be read as reference to or
the word or expression immediately before it in that section.
(5) A reference in an Act to an office, position or body,
includes the office, position or body that replaces it.

4. Definitions in Acts apply to subsidiary legislation-(1) A
word or expression defined in an Act has the same meaning in
subsidiary legislation made under that Act.
(2) A word or expression defined in subsidiary legislation of an
Act does not apply to the Act.


2015, No. 42 Acts Interpretation 15

(3) A reference in subsidiary legislation to “the Act” is a
reference to the Act providing the power to make subsidiary
legislation.
(4) A reference to an Act in another Act includes a reference
to subsidiary legislation made under the Act to which reference is
made.
(5) An act is taken to be done under an Act if the act is done
under subsidiary legislation made under that Act.

5. Gender, number and grammatical forms - In an Act:
(a) a word in singular includes plural, and plural includes
singular; and
(b) a word that denotes masculine gender to male includes
female; and
(c) a word that denotes feminine gender to female includes
male; and
(d) a defined word or expression includes parts of speech,
the grammatical forms or cognate or related
expressions of the word or expression.

6. Reference to Gazette includes Savali-(1) If an Act makes
reference to the “Gazette” or the “Samoa Gazette” or “the Gazette
and the Savali”, or words to that effect, the reference is taken to
mean the Gazette or the Savali and the publication of a notice in
either the Gazette or the Savali is sufficient publication of the
notice.
(2) If an Act requires anything to be published in the Gazette,
Savali or any other publication, it is presumed, unless the contrary
is proved, that the Gazette, Savali or publication is evidence of the
matters contained in it.
(3) If a subsidiary legislation, notice, document or other
statutory instrument is required to be published in the Gazette,
Savali or a newspaper, the validity of subsidiary legislation,
notice, document or other statutory instrument is not affected if it
is not so published.

7. Principles of interpretation-(1) An Act is considered as
speaking from time to time, and if a matter or thing is expressed in
the present tense, the Act applies to the circumstances as they arise,


16 Acts Interpretation 2015, No. 42

so that effect may be given to the Act according to its spirit, true
intent, and meaning.
(2) An Act must be interpreted in such manner as best
corresponds to the intention of Parliament.
(3) The intention of Parliament is to be derived from the
words of the Act, having regard to:
(a) the plain meaning of ordinary words; and
(b) the technical meaning of technical words; and
(c) the whole of the Act and the specific context in which
the words appear; and
(d) headings and any limitation or expansion of the
meaning of words implied by them; and
(e) grammar, rules of language, conventions of legislative
drafting and punctuation.
(4) If the application of subsection (3) would produce:
(a) an ambiguous result; or
(b) a result which cannot reasonably be supposed to
correspond with the intention of Parliament,
the words are to receive such fair, large and liberal construction
and interpretation as will best ensure the attainment of the object
of the Act according to its true intent, meaning and spirit.
(5) In applying subsection (4), the intention of Parliament may
be ascertained from:
(a) the legislative history of the Act or provision in
question; and
(b) the explanatory memorandum or any other material
that was before Parliament; and
(c) the second reading speech made to Parliament during
the passage of the Bill that became the Act;
(d) any relevant report of a commission, committee
(including a committee of Parliament) or other
similar body that was tabled in Parliament before
the Act was passed;
(e) the official record of proceedings of Parliament; and
(f) treaties and conventions to which Samoa is a party.
(6) This section does not limit the material, rules or principles
of interpretation that may be considered by the courts in
interpreting an Act.


2015, No. 42 Acts Interpretation 17

(7) A reference in an Act to another Act, document, licence,
permit or other authority refers to the Act, document, licence,
permit or other authority that is in force.
(8) If:
(a) a provision of an Act expresses an idea in particular
words; and
(b) either -
(i) a provision of the Act or another Act
enacted later appears to express the same idea
in different words; or
(ii) the provision is replaced by another
provision (whether or not in the same location)
that appears to express the same idea in
different words,
the ideas in the two (2) provisions must not be taken to be
different only because different words are used or the provisions
are structured in different ways.
(9) An Act or law in force immediately before the
commencement of the Constitution is, subject to the Act giving it
force or application in Samoa, to be read with the modifications
necessary for its application in Samoa, without affecting the
substance or effect of the Act or law.

8. Interpretation of “shall” and “may” - The expression
“shall” or “must” is to be construed as imperative and the
expression “may” as permissive.

PART 3
GENERAL, COMMENCEMENT
AND CITATION
Division 1 - General matters
9. Judicial notice, divisions and parts of Acts-(1) An Act is to
be judicially noticed.
(2) An Act is to be numbered in the order in which it was
passed by Parliament.
(3) An Act is to be divided into sections, other units of sections,
parts, divisions or other units of parts, division, including schedules
or appendices of the Act.


18 Acts Interpretation 2015, No. 42

(4) The following are taken to be parts of an Act and have effect
without introductory words:
(a) the long title;
(b) the enacting provision;
(c) any preamble;
(d) subject to subsection (4), all material from the first
section to the last section of an Act or to the last
provision of any schedule or appendix of an Act,
including heading to a section, chapter, part or
division or other units of it (but the heading does not
affect the interpretation of the Act).
(5) A marginal note, arrangement of sections, footnote, endnote
or other note to an Act is not regarded as part of the Act.

10. References in provisions of an Act - In an Act:
(a) a reference to a provision that does not specify the Act,
section, subsection, paragraph, subparagraph or
clause to which the provision belongs is a
reference to the provision of the Act, section,
subsection, paragraph, subparagraph or clause in
which the reference occurs; and
(b) a reference to a Schedule that does not specify the Act
to which that Schedule belongs is a reference to a
Schedule of the Act in which the reference occurs.

11. English and Samoan versions of Acts-(1) The English and
Samoan versions of Acts are equally authoritative.
(2) If there is a difference between the English version and the
Samoan version of an Act, the English version prevails unless the
original draft was in the Samoan language.

Division 2 - Assent and commencement

12. Insertion of date of assent-(1) When an Act is assented to
by the Head of State, the Clerk shall insert the date of assent
immediately after the long title of the Act.
(2) The date of assent is taken to be a part of the Act.


2015, No. 42 Acts Interpretation 19

13. Commencement of Acts-(1) An assented Act without an
express commencement date commences on the date of assent.
(2) An Act that provides that it will commence on a date fixed
in or to be nominated under the Act commences on the fixed or
nominated date.
(3) An Act must not be taken to provide for the Act (or
another Act) to commence retrospectively unless the Act (or the
other Act) clearly indicates that it commences retrospectively.
(4) An Act commences “retrospectively” if it commences
before the date of assent.
(5) The power under an Act to nominate a commencement
date does not authorise nominating a retrospective
commencement date, and the power must only be exercised once
except to correct an error or omission under section 36.

14. Time of commencement-(1) When an Act commences
“on” a particular day, the Act is taken to commence at the beginning
of that particular day.
(2) When an Act commences “from” a particular day, the Act is
taken to commence at the beginning of the following day.

15. Gazetting of Acts unnecessary-(1) It is not necessary to
gazette an Act of Parliament.
(2) A person may purchase a copy of an Act at the office of the
Clerk or at other places authorised by the Clerk.

Division 3 - Citation

16. Citing Acts-(1) An Act having a short title is to be cited by
its short title.
(2) An Act that does not have a short title is to be cited by the
year in which the Act was made and the number of the Act.
(3) The year in which an Act is made is the year in which the
Act is passed by the Legislative Assembly.

17. Reference to printed copies of Acts - The reference to an
Act is, in all cases, to be made, according to the copy of the Act
published by the Government Printer, the Legislative Assembly or
the Speaker.


20 Acts Interpretation 2015, No. 42

18. Citation includes amendments and first and last words-
(1) A reference to or citation of an Act includes all subsequent
provisions passed in amendment or substitution of the Act so
referred to or cited.
(2) The citation of an Act or a portion of the Act includes
everything from the first to last words, including any section, part,
schedule of the Act or a portion of the Act.

PART 4
AMENDMENTS AND REPEALS

Division 1 - Amendments

19. Amendments-(1) An Act (“first Act”) passed in amendment
or extension of another Act (“second Act”) is to be read and
construed according to the definitions and interpretations contained
in the second Act.
(2) The second Act (except so far as it is altered by or
inconsistent with the first Act ) extends and applies to cases
provided for by the first Act, in the same way as if the first Act had
been incorporated with and formed part of the second Act.
(3) An Act may be amended in the same session or meeting of
Parliament in which it is passed, even if it has not commenced.

20. Effect of amendments-(1) An Act and any amendment to
it are to be read as one.
(2) Citing the short title of an Act includes the citation of the
short title to any amendment to the Act.
(3) An amending Act, which amends a principal Act or
provision of another principal Act, becomes spent on the
commencement of the amending Act (except any transitional or
saving provision) and the amendment becomes part of the principal
Act or the provision of that other principal Act on the
commencement of the amending Act.

Division 2 - Repeals

21. Repealed Act not revived - The repeal of an Act (“repealed
Act”) does not:


2015, No. 42 Acts Interpretation 21

(a) affect a transitional or saving provision in the repealed
Act; and
(b) revive an Act previously repealed or a rule of law
previously abolished by the repealed Act;
(c) revive a thing that is not in force or existing at the time
the repealed Act commences.

22. Application of repeal-(1) The repeal of a provision of an
Act does not affect an Act in which that provision has been applied,
incorporated, or referred to.
(2) As an exception to the repeal provision of an Act, the
repealed provision continues and shall be in force for the purpose of
continuing and perfecting under the repealed provision an act,
matter, or thing, or any proceedings commenced or in progress
under it, if there is no substituted provision adapted to the
completion of the act, matter, or thing, or proceedings commenced
or in progress under the repealed provision.

23. Effect of repeal on prior offences and breaches of
enactments-(1) The repeal of an enactment does not affect a
liability to a penalty for an offence or for a breach of an enactment
committed before the repeal.
(2) A repealed enactment continues to have effect as if it had not
been repealed for the purpose of:
(a) investigating the offence or breach; or
(b) commencing or completing proceedings for the offence
or breach; or
(c) imposing a penalty for the offence or breach.

24. Powers in Acts repealed by consolidating Act - If an Act
consolidating the law on a subject repeals any Act relating to the
subject, and contains provisions substantially corresponding to those
of the repealed Act for:
(a) the constitution of an office; or
(b) the appointment of persons; or
(c) the making of subsidiary legislation; or
(d) other similar exercise of powers,


22 Acts Interpretation 2015, No. 42

any power exercised under the repealed Act and in force at the time
of the repeal, in so far as the power is not inconsistent with the
consolidating Act, continues with the like operation and effect as if
the power had been exercised under the corresponding provision of
the consolidating Act.

25. Effect of repeal-(1) The repeal or expiry of an Act does not
affect:
(a) the validity, invalidity, effect, or consequences of
anything already done or suffered; or
(b) an existing status or capacity; or
(c) a right, interest, or title already acquired, accrued, or
established, or any remedy or proceeding in respect
of the right, interest, or title; or
(d) a release or discharge of or from a debt, penalty, claim,
or demand; or
(e) an indemnity; or
(f) the proof of a past act or thing; or
(g) a right to government revenues or charges on revenues,
or duties, taxes, fees, fines, penalties, or forfeitures,
or to prevent the Act from being put in force for the
collection or recovery of revenues, charges, duties,
taxes, fees, fines, penalties, or forfeitures, or
otherwise in relation thereto; or
(h) a penalty, forfeiture or punishment incurred in respect of
any offence under the Act;
(i) an investigation, legal proceeding or remedy in respect of
any right, privilege, obligation, liability, penalty,
forfeiture or punishment, and the investigation, legal
proceeding or remedy may be instituted, continued
or enforced, and the penalty, forfeiture or
punishment may be imposed, as if the Act had not
been repealed or not expired.
(2) As an exception to the repeal or expiry of a provision of an
Act:
(a) a power or act which may be necessary to complete,
carry out, or compel the performance of a subsisting
contract or agreement lawfully made, entered into,


2015, No. 42 Acts Interpretation 23

or commenced under that provision may be
exercised and performed in all respects as if that
provision continued in force; and
(b) an offence committed, or penalty or forfeiture incurred,
before the repeal or expiry may be prosecuted,
punished, and enforced as if that provision had not
been repealed or had not expired.

26. Reference to repealed Act in an Act-(1) A reference in an
Act (“the Act”) to a repealed Act or provision is to be construed as
referring to a subsequent Act or provision of an Act (“the Act”)
enacted in substitution for the repealed Act or provision.
(2) A provision of a subsequent Act, and of a provision of an
Act amending the same, is, as regards a subsequent transaction,
matter, or thing, taken to have been applied, incorporated, or
referred to in the Act.
PART 5
APPOINTMENTS, DUTIES AND POWERS
Division 1 - Appointment and powers
27. Exercise of power before commencement of Acts-(1)
The following powers may be exercised before the
commencement of an Act:
(a) to make subsidiary legislation; or
(b) to make appointment; or
(c) to establish an office; or
(d) to prescribe or determine fees or forms; or
(e) to give direction; or
(f) to do any other thing for the purposes of the Act.
(2) A matter done under subsection (1) does not take effect
until the commencement of the Act.

28. Extent of and implied powers-(1) A power under an Act
may be exercised:
(a) from time to time as the occasion requires; or
(b) in whole or in part; or
(c) subject to any condition specified in the document
evidencing the exercise of the power; or


24 Acts Interpretation 2015, No. 42

(d) to make different provision in relation to different
matters or classes of matter; or
(e) to apply differently by reference to exceptions or
factors specified in the document evidencing the
exercise of power.
(2) A power under an Act includes the power to do anything
that is:
(a) necessary or convenient to be done for the exercise of
the power; and
(b) reasonable in the circumstances; and
(c) not a power given to another person under an Act.

29. Implied power to regulate-(1) A power provided by an
Act:
(a) to provide for, regulate or otherwise control an act or
thing, includes a power to do so by the grant of a
licence; and
(b) to grant a licence or an exemption or to give an
approval or a direction, includes a power to amend
the licence, exemption, approval or direction; and
(c) to grant a licence or an exemption or to give an
approval, includes a power to impose, vary,
suspend or cancel conditions; and
(d) to give directions with respect to, or regulate, a matter
or thing, includes a power to prohibit that matter or
thing; and
(e) to approve a person, matter or thing, includes a power
to withdraw that approval.
(2) If subsection (1)(a) applies to a power under an Act,
subsection (1)(b) and (c) also applies.
(3) In this section, “licence” includes authorisation, certificate
or permit.
30. Appointment by name or office-(1) A power in an Act to
appoint a person includes the power to appoint a person by name
or by office.
(2) The appointment by office is to be construed as the
appointment of the person holding, acting in or performing the
functions of that office.


2015, No. 42 Acts Interpretation 25

(3) A reference in an Act to the holder of an office includes the
person acting in or performing the functions of the office.
31. Power to appoint-(1) A power in an Act to appoint a
person, (subject to any condition which affect the power of
appointment) includes the power to suspend, remove, re-appoint
or re-instate.
(2) Subject to subsection (3), the power to appoint a person to
an office includes the power, to appoint another person to act in
that office if:
(a) there is a vacancy; or
(b) the holder of the office is suspended; or
(c) the holder of the office is -
(i) on leave of absence; or
(ii) absent from Samoa; or
(iii) unable to perform or is not readily
available to perform the duties of the office.
(3) The power in subsection (2) is subject to any condition in
the original power.
(4) An acting appointment may be made in anticipation of any
circumstance specified in subsection (2) and, unless it expires or
is revoked, the acting appointment continues to operate in
accordance with its terms.
(5) In subsection (2) “office” includes position.

32. Exercise of powers in special circumstances-(1) If an
Act provides a power or duty on the holder of an office and:
(a) that office has been abolished; or
(b) no person has been appointed to discharge the
functions of that office,
the power or duty may be exercised or performed -
(i) for subsidiary legislation, by the Head of
State acting on the advice of Cabinet; and
(ii) for any other case, by the holder of
another office as the Head of State may by
order direct.


26 Acts Interpretation 2015, No. 42

(2) In an Act, words directing or empowering the holder of an
office to do any act or thing, or applying to the holder by the name
of office, include the successor in that office, the deputy or person
acting in that office.

33. Exercise of Minister’s power - If a power is given to a
Minister under an Act:
(a) the exercise of the power may be signified by the
signature of another Minister; and
(b) the Minister who signifies the exercise of the power is
taken to be the Minister authorised to exercise the
power.

34. Appeals may be heard by qualified person - If, under an
Act, an appeal is made to a person to hear and determine the
appeal, the person may appoint a qualified person or a panel
consisting of two (2) or three (3) qualified persons for the
purposes of hearing the appeal and of advising or recommending
as to the decision that should be made.
35. Power of Cabinet - If an Act provides power or duty to
the Cabinet, the exercise of the power or duty by Cabinet may be
signed by the Secretary to Cabinet.
36. Power to correct error - A power given to do an act or
thing, or to make an appointment, may be exercised to correct an
error or omission in a previous exercise of the power, even though
the power is not in general capable of being exercised from time to
time.

Division 2 - Corporate
and unincorporated bodies

37. Powers and duties of corporate bodies-(1) A body
corporate established by an Act may:
(a) sue and be sued in its corporate name; and
(b) enter into contracts or other arrangements; and
(c) acquire, hold and dispose of movable and immovable
property; and
(d) do any other thing a legal entity may do in law.


2015, No. 42 Acts Interpretation 27

(2) The body corporate shall:
(a) have a seal of a design determined by it; and
(b) keep its seal in such custody as it directs; and
(c) ensure that the seal is not used except as authorised by
it.
(3) A seal affixed to a document is to be:
(a) judicially noticed; and
(b) presumed to be affixed by the body corporate.
(4) A provision of an Act requiring a document to be signed is
complied with by a body corporate if the document is sealed by
the body corporate.

38. Alternate and acting members, resignation and expert
advice-(1) The power under an Act to appoint a member of a
body corporate or unincorporated includes a power:
(a) to appoint an alternate for the member; or
(b) to appoint a person to act when a member is for any
reason unable to carry out the member’s function.
(2) If an Act provides for an ex-officio member of body
corporate or unincorporated established by an Act:
(a) the appointing authority may appoint an alternate for
the ex-officio member; or
(b) the ex-officio member may, in writing, nominate a
person to act when the member is for any reason
unable to carry out the member’s function.
(3) The alternate or acting member is taken to be a member of
the body when he or she attends a meeting of the body.
(4) A member of a body corporate or unincorporated
established by an Act may resign by writing signed by the
member and delivered to the appointing authority.
(5) A body corporate or unincorporated may invite any person
to provide any expert advice to it but the person does not have a
right to vote on any matter before the body.

39. Chairperson and secretary - The power under an Act to
appoint the members of a body corporate or unincorporated,
includes a power:


28 Acts Interpretation 2015, No. 42

(a) to appoint from amongst the members a chairperson,
president, deputy chairperson or vice president of
the body; and
(b) to appoint a member or other person to the office of
secretary of the body,
and may stipulate the terms on which the member or person is to
hold the office to which the member or person is appointed.

40. Signing of documents - A document, statutory instrument
or subsidiary legislation that is required to be made by a board or
body corporate or unincorporated established by an Act, may be
signed by the chairperson or deputy or if the both are unable to
sign, by a member.

41. Meetings and majority-(1) The following rules apply at a
meeting of a body corporate or unincorporated established by an
Act:
(a) the chairperson, or if he or she is absent, the deputy (if
any), or if both of them are absent, a member
elected by the members present, is to preside;
(b) the quorum is the majority of the members;
(c) a member who has an interest in any matter for
deliberation must disclose that interest and must
not take part in the deliberation without affecting
the number required for the quorum;
(d) a question is to be determined by a majority of the
members present, with the chair of the meeting
having a deliberative vote, and for equality of
votes, a casting vote;
(e) the minutes are to be kept and approved at the next
meeting and signed by the chair of that meeting.
(2) If, by an Act, an act or thing may be or is required to be
done by more than two (2) persons, a majority of them may do it.

42. Power not affected by vacancy or irregularity-(1) A
body corporate or unincorporated established by an Act may act
even if there is a vacancy in its membership.
(2) The meeting of a body corporate or unincorporated is not
invalidated by:


2015, No. 42 Acts Interpretation 29

(a) the presence or participation of a person not entitled to
be present at or to participate in the meeting; or
(b) an irregularity in the appointment, nomination or
election of a member; or
(c) a minor irregularity in the convening or conduct of a
meeting.
(3) Subsection (2)(a) does not apply if the meeting is affected
by the number of persons not entitled to be present or participate
at the meeting.
(4) Subsection (2)(b) does not apply if the irregularity affects
majority of the members present at the meeting.

Division 3 - Delegation

43. Delegation of powers and duties-(1) If, by an Act, a
function, power or duty is given to the Head of State or the
Cabinet, the Head of State or the Cabinet may delegate the
function, power or duty to a Minister.
(2) If, by an Act, a function, power or duty is given or
delegated to a Minister, the Minister may delegate or sub-delegate
the function, power or duty to an Associate Minister or public
officer.
(3) If, by an Act, a function, power or duty is given to a
person, the person may delegate the function, power or duty to a
suitably qualified person.
(4) A delegation under this section may be published in the
Gazette or Savali and may be made subject to conditions, but the
non-publication does not affect the validity of the delegation.
(5) Nothing in this section authorises the Head of State or the
Cabinet to delegate:
(a) a power to make subsidiary legislation; or
(b) a function, duty or power, the delegation of which is
expressly prohibited by an Act or law.
(6) Nothing in this section authorises a Minister or person to
delegate:
(a) a power to make subsidiary legislation; or
(b) a power to decide any appeal; or
(c) a judicial or quasi-judicial function; or


30 Acts Interpretation 2015, No. 42

(d) a function or duty, the delegation of which is expressly
prohibited by the delegation or by law.

44. Extent of delegation-(1) If an Act provides power to a
person to delegate a function, duty or power:
(a) the delegation may be made specifically or generally
and with or without conditions; and
(b) the power that may be delegated does not include the
power to delegate or to sub-delegate any delegated
function, duty or power; and
(c) a function or power so delegated, when performed or
exercised by the delegate, is, for the purposes of
the Act, to be taken as having been performed or
exercised by the person; and
(d) a delegation by the person does not prevent the
carrying out of the delegated function, duty or
power by the person delegating it; and
(e) the delegation may be made to one (1) or more persons
by name, by reference to the office, position or
designation held or occupied by the person or to a
person holding, acting in or performing the duties
of a named office, designation or position; and
(f) if the person is not an individual, subsection (2) applies
as if the person were an individual.
(2) If, by an Act, the carrying out of a function, duty or power
by a person is dependent upon the opinion, belief or state of mind
of the person in relation to a matter and the function, duty or
power has been delegated in pursuance of that Act, the function,
duty or power may be performed or exercised by the delegate
upon the opinion, belief or state of mind of the delegate in relation
to that matter.

PART 6
TIME AND DISTANCE

45. Standard time - The standard time throughout Samoa is the
standard time set out in section 4 of the International Date Line Act
2011.


2015, No. 42 Acts Interpretation 31

46. Determining time-(1) This section applies to:
(a) a period of time mentioned in an Act; and
(b) things required or allowed to be done on a particular
day or within a particular period of time under an
Act.
(2) A period of time described as beginning at, on or with a
stated day, act or event includes the stated day or the day of the
stated act or event.
(3) A period of time described as beginning from or after a
stated day, act or event excludes the stated day or the day of the
stated act or event.
(4) A period of time described as ending at, by, on or with, or
as continuing to or until, a stated day, act or event includes the
stated day or the day of the stated act or event.
(5) A period of time described as ending before a stated day,
act or event excludes the stated day or the day of the stated act or
event.
(6) A reference to a number of days between two (2) events
excludes the days when the events happen.
(7) If something must or may be done on a particular day or
within a particular period of time and the day, or the last day of
the period, is not a working day, the thing must or may be done on
the next day that is a working day.

47. Time not specified-(1) If something must or may be done
and no time is provided for doing the thing, the thing must or may
be done as soon as possible or practicable and as often as needed.
(2) If something is required to be done, the obligation to do
the thing continues until the thing is done even if:
(a) the thing is required to be done within a particular
period or before a particular time, and the period
has ended or the time has passed; or
(b) a person has been convicted of an offence for failing to
do the thing.
(3) If a court or a person is empowered by an Act to extend
the period of time within which an act or thing is required or
permitted to be done or taken, the power may be exercised by the
court or person even if the period of time has expired when the
power is so exercised.


32 Acts Interpretation 2015, No. 42

48. Distance - A distance in an Act is to be measured in a
straight line on a horizontal or vertical plane.

PART 7
SUBSIDIARY LEGISLATION

49. Judicial notice - Subsidiary legislation is to be judicially
noticed.

50. Citation and references-(1) Reference to subsidiary
legislation cited by its citation or name includes references to any
subsequent subsidiary legislation made in amendment to or
substitution of the subsidiary legislation.
(2) Subsidiary legislation is to be cited by its citation or name.
(3) If subsidiary legislation does not have a citation or name, it
is to be cited or named in reference to the year in which it was made
and the number of its publication.
(4) If a person is empowered under an Act to make subsidiary
legislation:
(a) it is sufficient to cite in the subsidiary legislation the
particular Act authorising the making or issuing of
the subsidiary legislation; and
(b) it is not necessary to state any fact or circumstance or the
performance of a condition precedent upon which
the power depends or may be exercised.
(5) In a subsidiary legislation:
(a) a reference to a provision that does not specify the
subsidiary legislation or a provision of it to which
that provision belongs is a reference to the
provision of the subsidiary legislation or a
provision of it in which the reference occurs; and
(b) a reference to a Schedule that does not specify the
subsidiary legislation that the Schedule belongs is
a reference to the Schedule of the subsidiary
legislation in which the reference occurs.

51. General provisions-(1) The following provisions apply to
the power to make subsidiary legislation:


2015, No. 42 Acts Interpretation 33

(a) when subsidiary legislation provides a particular
power, the particular power is taken also to be
made in exercise of any other power that enables
the making of subsidiary legislation;
(b) subsidiary legislation must not be inconsistent with the
Act;
(c) subsidiary legislation may be amended;
(d) if the power to make subsidiary legislation includes a
power for general purpose, and also for a special
purpose or particular matter, the listing of the
special purposes or particular matters does not
limit the power for general purpose;
(e) the subsidiary legislation may create offences and
prescribe penalties for fines not exceeding 50
penalty units or to imprisonment for a term not
exceeding three (3) months;
(f) if the Act authorises any matter to be regulated or
controlled by subsidiary legislation, the subsidiary
legislation may prohibit the matter or any aspect of
the matter;
(g) subsidiary legislation may provide for the review of, or
appeal against, a decision made under the
subsidiary legislation;
(h) subsidiary legislation may provide discretionary
authority;
(i) the subsidiary legislation may provide for -
(i) infringement notices for the payment of
a prescribed amount instead of a penalty that
may otherwise be imposed for an offence under
the Act or subsidiary legislation; and
(ii) the service of an infringement notice
relating to payment of a fixed amount by a
person alleged to have committed the offence;
and
(iii) the fixing of the penalties in the
subsidiary legislation which must not exceed
one-fifth of the fine prescribed in the Act or
subsidiary legislation; and


34 Acts Interpretation 2015, No. 42

(iv) the details that must be included in the
notice, including the right to have the matter
determined by the court.
(2) If an Act provides for making subsidiary legislation but no
person or authority is empowered in the Act to make the
subsidiary legislation, the subsidiary legislation is to be made by
the Head of State acting on the advice of Cabinet.

52. Fees and charges-(1) If an Act provides power to
prescribe or determine fees and charges, the power includes the
following matters:
(a) specific, maximum or minimum fees or charges;
(b) the payment of fees or charges either generally or
under specified conditions or in specified
circumstances;
(c) the reduction, waiver or refund, in whole or in part, of
any such fees or charges, either upon the
happening of a certain event or in the discretion of
a specified person.
(2) If a reduction, waiver or refund in whole or in part, of any
fees or charges is provided for, the reduction, waiver or refund
may be expressed to apply or be applicable either generally or
specifically:
(a) to certain matters or transactions or classes of matters
or transactions; or
(b) to certain documents or classes of documents; or
(c) when an event happens or ceases to happen; or
(d) to certain persons or classes of persons; or
(e) to a combination of matters, transactions, documents,
events or persons or authorities,
and may be expressed to apply or be applicable subject to such
conditions as may be specified in the subsidiary legislation,
determination or in the discretion of any person specified in it.

53. Rules of court-(1) In an Act, “rules of court”, when used in
relation to a court, means rules made by the person who has the
power to make rules or orders regulating the practice and procedure
of that court.


2015, No. 42 Acts Interpretation 35

(2) The power to make rules of court includes a power to make
rules of court for the purpose of an Act which directs or authorises
anything to be done by rules of court.

PART 8
OFFENCES, PENALTIES,
PROCEEDINGS AND EVIDENCE

Division 1 - Offences and penalties

54. Maximum and cumulative penalties-(1) If a penalty is
prescribed for an offence, the offence is to be punishable by a
penalty not exceeding the penalty prescribed in the Act.
(2) If more than 1 penalty is prescribed for an offence, the use
of the word “and” means that the penalties may be imposed
alternatively or cumulatively.

55. Statement of penalties - A penalty (pecuniary or
otherwise) set out:
(a) at the foot of a section of an Act; or
(b) at the foot of a subsection or other provision of a
section,
indicates that a contravention of the section, subsection or
provision is an offence against the Act, punishable upon
conviction by a penalty not exceeding the penalty so set out.

56. Offences against body corporate-(1) If a body corporate
commits an offence with the consent or connivance of, or because
of neglect by, an individual, the individual commits the same
offence if at the time of commission of the offence:
(a) the individual is a director, manager, secretary of
similar officer of the body corporate; or
(b) the individual is purporting to act as an officer of the
body corporate; or
(c) the body corporate is managed by its members of
whom the individual is one.
(2) If a body corporate commits an offence for which the only
penalty prescribed is a term of imprisonment, the body corporate
is liable to a fine which:


36 Acts Interpretation 2015, No. 42

(a) if the penalty so prescribed is a term of six (6) months
or under, not exceeding 20 penalty units; and
(b) if the penalty so prescribed is over a term of six (6)
months but not over a term of two (2) years, not
exceeding 50 penalty units; and
(c) if the penalty so prescribed is over a term of two (2)
years, not exceeding 100 penalty units.
(3) If a body corporate commits an offence for which no
provision is expressed to apply to penalty for a body corporate,
the body corporate is liable to five (5) times the penalty
prescribed.

57. Disposal of fines and penalties - A fine or penalty
imposed under an Act is to be paid into the Treasury Fund.

Division 2 - Proceedings and evidence

58. Proceedings not to abate on death - A criminal or civil
proceeding taken by or against the holder of an office in relation
to the exercise of the functions and powers of the office is not
discontinued or abated when the holder resigns or dies or is absent
or removed from office, but may be carried on by or against the
current holder of the office.

59. Imposition of penalty no bar to civil action - A penalty
or fine imposed under an Act does not relieve a person from
liability to answer for damages to the affected person.

60. Forfeitures-(1) An animal or thing, declared under an Act
or adjudged by a court or other person under an Act to be
forfeited, is to be forfeited to the State.
(2) If the animal or thing is sold, the proceeds are to be paid
into the Treasury Fund.
(3) This section does not affect a provision in an Act that
provides for a portion of a fine or forfeiture or of the proceeds of
forfeiture to be recovered by or granted to a person.


2015, No. 42 Acts Interpretation 37

61. Evidence-(1) If an Act provides that a document is
evidence of a fact without anything in the context to indicate that
the document is conclusive evidence of the fact then, in any legal
proceedings, the document is admissible in evidence and the fact
is taken to be established in the absence of evidence to the
contrary.
(2) If the consent of a person is necessary and proceedings,
whether civil or criminal, are commenced, a document giving the
consent and purporting to be signed by the person is evidence that
the consent has been given, without proof that the signature to the
document is that of the person.
(3) Subject to subsection (4), a form of words appearing in the
Gazette, Savali or other publication that appears to reproduce an
Act or a subsidiary legislation is presumed, until the contrary is
shown, to correspond exactly with the words of the Act or
subsidiary legislation.
(4) If a correction is published in Gazette, Savali or other
publication in relation to words appearing to reproduce an Act or
subsidiary legislation, the corrected words are presumed, until the
contrary is shown, to correspond exactly with the words of the
Act or subsidiary legislation.

62. Administration of oath - A court or person authorised by
an Act or law or by the consent of the parties to hear and
determine a matter or thing has authority to administer an oath to
a person required to attend before the court or person.

PART 9
MISCELLANEOUS

63. Forms-(1) Substantial compliance with a form required
under an Act is sufficient.
(2) A form required under an Act is not invalid because of a
minor change that does not affect the substance of the form or
which is not calculated to mislead.

64. Service of documents-(1) A document or notice required
or permitted to be served on, or given to, a person under or for the
purposes of an Act, may be served or given:


38 Acts Interpretation 2015, No. 42

(a) for an individual (except where paragraph (b) or (c)
applies), by serving the document personally upon
the individual or by sending it by post to the
individual at his or her usual or last known place of
residence or business or by facsimile (fax) number
or electronic mail (email) address of the individual;
or
(b) for a public officer, by serving the document
personally on the officer or by leaving it at or
sending the document by post to the officer at the
principal office where the officer exercises and
performs his or her functions as a public officer; or
(c) for a partnership -
(i) by serving the document personally
upon a partner or the person having the control
or management of the partnership or by
sending the document by post to him or her at
his or her at usual or last known place of
residence or business or by fax or email of the
partner or person; or
(ii) by leaving the document at or sending it
by post, fax or email to the principal office of
the partnership; or
(d) for a body corporate, by leaving the document at or
sending it by post to the registered or principal
office of the body corporate or by fax or email
address of the body corporate; or
(e) for any other body constituted or established by an Act,
by leaving the document at or sending it by post to
or by fax or email of the principal office of the
body or any other office specified by the body as
one at which it will accept service of documents or
notices of the same kind as that document or
notice.
(2) For the purposes of subsection (1)(c) or (d), the principal
office of a company registered outside Samoa or of a partnership
carrying on business outside Samoa is its principal office in
Samoa.


2015, No. 42 Acts Interpretation 39

(3) If a document or notice is required or permitted under or
for the purposes of an Act to be served on, or given to, a person as
being the person having an interest in land and it is not practicable
after reasonable inquiry to ascertain that person’s name or
address, the document or notice may be served or given:
(a) by addressing the document to that person by the
description of the person having that interest in the
land (and naming it); or
(b) by delivering the document or notice to a person, aged
over 18 years, living on the land or by affixing the
document or a copy of it, in a conspicuous position
on the land.
(4) A document served by post is taken to be served when it
would have been delivered in the ordinary course of post.
(5) A document served by fax or email is presumed to be
served when it is sent unless:
(a) on the day the document was sent or the next working
day, the equipment used to send it indicates that -
(i) the equipment did not send the
document when the equipment was used to
send the document; or
(ii) for a fax - the number to which the fax
was sent was not a fax number of the intended
recipient; or
(iii) for an email - the email address to
which the email was sent was not an email
address of the intended recipient; or
(b) evidence sufficient to raise doubt about the
presumption is given.
(6) A document served by leaving it at an address or with a
person is taken to be served when it is left.

65. Power to make corrections in Acts - The Head of State
may, acting on the advice of Cabinet, by order published in the
Gazette or Savali, rectify or correct any printing error, cross
reference, punctuation or grammatical, typographical or similar
error in an Act.


40 Acts Interpretation 2015, No. 42

66. Examples - If a provision of an Act includes an example:
(a) the example is not exhaustive; and
(b) the example does not limit or extend the meaning of
the provision; and
(c) if the example is inconsistent with the provision, the
provision prevails to the extent of the
inconsistency.

67. Acts not binding on the Government-(1) An Act does not
adversely affect the right of or bind the Government unless the Act
expressly or impliedly affects the right of the Government or
expressly or impliedly binds the Government.
(2) In this section, “Government” includes State.

68. Repeal - The Acts Interpretation Act 1974 is repealed.

__________
The Acts Interpretation Act 2015 is administered
by the Office of the Attorney General.