rangement of Provisions

PART 1
PRELIMINARY
1. Short title and
commencement
2. Interpretation
3. Delegation by Minister
4. Act binds Government
PART 2
SAMOAN PASSPORTS
5. Issue of passports
6. Life of passport
7. Renewal of passport
8. Endorsement of passport
9. Cancellation of passport
where holder ceases to be
entitled to passport
10. Cancellation of passport on
other grounds
11. Retention of passport by
Minister on other grounds
12. Delivery of passport required
to be returned
PART 3
SURRENDER OF
PASSPORTS
13. Surrender of passport where
proceedings for deprivation
of citizenship commenced
14. Extension of time to hold
surrendered passport
15. Return of surrendered
passport if person not
deprived of citizenship
PART 4
CERTIFICATE OF
IDENTITY
16. Issue of certificate of identity
17. Life of certificate of identity
18. Cancellation of certificate of
identity
PART 5
DOCUMENT OF IDENTITY
19. Issue of document of identity
20. Life, renewal and
replacement
21. Endorsement of document of
identity
22. Cancellation of document of
identity
23. Retention of document of
identity by Minister on other
grounds
24. Delivery of recalled
document of identity
PART 6
APPEALS
25. Appeals

2 Passports 2008, No.29
PART 7
MISCELLANEOUS

26. Landing without passport
27. Passports may be required
to be delivered
28. Minister may authorise issue
of passports by overseas
representatives
29. Notice of decision
30. Notification of loss or theft
of passports
31. Attorney General to file suit
32. Travel documents are
property of Samoan
Government
PART 8
OFFENCES AND PENALTIES

33. Forged and false Samoan
travel documents
34. Falsifying foreign passports
35. Offences relating to passport
information and material
36. Improper issue of Samoan
travel document
37. Other offences
38. False representations
39. Regulations
40. Repeal and consequential
amendments
41. Savings
42. Transitional Provisions

__________

2008, No. 29


AN ACT to give proper recognition to Samoan passports
and to the right of Samoan citizens to such passports,
and to consolidate and amend the law relating to
passports and documents of identity and certificates of
identity. [1st September 2008]

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 Passports Act 2008.
(2) This Act commences on the day it is assented to by the
Head of State.

2008, No.29 Passports 3

2. Interpretation - In this Act, unless the context otherwise
requires -
“applicant” means any person applying for the issue of any
travel document under this Act whether such person
does so in a personal capacity or through a legal
representative;
“authorised” means authorised by the Minister;
“approved fee” means fees approved by the Minister by
notice issued to that effect;
“approved form” means a form approved by the Chief
Executive Officer;
“certificate of identity” means the certificate of identity
issued under Part IV;
“citizen” means any person determined to be a citizen of
Samoa in accordance with the Citizenship Act 2004;
“Court” means the Supreme Court of Samoa, unless
otherwise stated;
“document of identity” is the document of identity issued
under Part V;
“holder”, in relation to a passport, a certificate of identity or
a document of identity, means the person in whose name
the document has been issued;
“Minister” means the Minister responsible for Immigration
from time to time;
“Ministry” means the Ministry responsible for Immigration
from time to time;
“officer” means an officer employed in the Immigration
Division of the Ministry responsible for immigration
matters and includes any other person authorised by the
Minister to exercise any power or powers conferred on
officers by this Act to the extent of such authority;
“overseas representative” includes any overseas
representative or agent of the Government of Samoa, or
of any country, which has been requested to act for
Samoa in passports and immigration matters, and
includes an Ambassador, High Commissioner or Head
of Mission;
4 Passports 2008, No.29

“passport” includes an ordinary passport, official passport
and diplomatic passport, and a document which is issued
by or on behalf of the Government of any country, and
which purports to establish the personal identity and
national identity of the holder, but does not include such
document that has expired and is incapable of being
renewed, or that has been cancelled;
“passport database’’ means a file, register, or device in or on
which information is or is to be recorded by officers for
the purposes of this Act;
“prohibited immigrant” has the same meaning as is given to
it in the Immigration Act 2004;
“recall” means to return to the Ministry or Minister, as the
case may be, such travel documents where required
under the provisions of this Act;
“ship” means any navigable vessel capable of being used to
transport people from one country to another and
includes airplane, aircraft, yacht, ferry or dinghy;
“travel document” means any Samoan passport, document
of identity or certificate of identity issued under the
provisions of this Act.

3. Delegation by Minister-(1) The Minister may from time
to time, by writing under the Minister’s hand, either generally
or particularly, delegate to such officer or officers of the
Ministry as the Minister thinks fit, all or any of the powers and
functions exercisable by the Minister under this Act or under
any regulations made under this Act, other than the power of
delegation conferred by this subsection.
(2) Every person purporting to act pursuant to any
delegation under this section shall be presumed to be acting in
accordance with its terms, in the absence of evidence to the
contrary.
(3) Any delegation under this section may be made to a
specified officer or to officers of a specified class, or may be
made to the holder for the time being of a specified office or
class of office.
2008, No.29 Passports 5

(4) Any delegation under this section shall be revocable at
will, and no such delegation shall prevent the exercise of any
power or function by the Minister.
(5) Any such delegation shall, until revoked, continue in
force according to its tenor, notwithstanding the fact that the
Minister by whom it was made may have ceased to hold office,
and shall continue to have effect as if made by the successor in
office of that Minister.

4. Act binds Government - This Act binds the
Government.

PART 2
SAMOAN PASSPORTS

5. Issue of passports-(1) Subject to the provisions of this
Act, the Minister shall issue a Samoan passport to every
Samoan citizen who makes an application for a Samoan
passport, or on whose behalf an application for a passport is
made for a lawful purpose.
(2) Every such application shall be made to the Minister in
an approved form and accompanied by the approved fee.
(3) The Minister may refuse to issue a Samoan passport:
(a) if the applicant has not attained the age of 16 years
and has not produced the written consent of one
of the person’s parents or guardians to the issue
of a Samoan passport; or
(b) where -
(i) there is in force a warrant issued in
Samoa for the arrest of the applicant; or
(ii) the applicant is on bail, probation or
parole; or
(iii) the applicant is required by an order
made by any Court to remain in Samoa or to
surrender a passport; or
(c) where the applicant already holds a Samoan passport
and there is no sufficient reason why another
Samoan passport should be issued to the
applicant; or
6 Passports 2008, No.29

(d) if the applicant holds a Samoan document of identity
and refuses to surrender it.

6. Life of passport-(1) Subject to subsection (2), every
Samoan passport shall be valid for 10 years from the date of
issue unless it is sooner cancelled under this Act.
(2) Notwithstanding subsection (1), the Minister may, in any
particular case, if satisfied that good reasons exist and that it
would be in the interests of the proper administration of this Act
to do so, determine that any Samoan passport shall be issued for
a period shorter than 10 years.

7. Renewal of passport-(1) Save for where it is provided
for by this Act, or if the Minister is satisfied that exceptional
circumstances exist, a Samoan passport will not be renewed
during the period of 10 years that the passport is still valid.
(2) On the application of the holder of a Samoan passport
that was issued for a term of less than 10 years, the Minister
may from time to time renew that passport upon payment of the
approved fee, but so that the original period for which the
passport was issued plus the renewed period does not exceed 10
years.
(3) Subject to section 5 (3), in any case where the Minister
refuses to renew a Samoan passport under subsection (2), the
Minister shall, on the application of the holder of that passport,
issue another Samoan passport to replace that passport.

8. Endorsement of passport-(1) Where the Minister is
satisfied that the particulars recorded in a Samoan passport do
not accurately state the identity or status of the holder, the
Minister may endorse on the passport such alterations or
additions as may be necessary to correct the particulars upon
payment of an approved fee.
(2) Without limiting subsection (1), the Minister may
require or permit the addition to a Samoan passport of a more
recent photograph of the holder.
2008, No.29 Passports 7

9. Cancellation of passport where holder ceases to be
entitled to passport-(1) The Minister may, by notice in writing,
require that any Samoan passport be returned, and cancel the
passport or retain possession of it, if:
(a) the holder has not attained the age of 16 years and
the parent or guardian who gave consent to the
issue of the Samoan passport has written to the
Minister withdrawing that consent; or
(b) the Samoan passport was issued to the holder in the
mistaken belief that the holder was, at the time of
issue, a Samoan citizen; or
(c) the Samoan citizenship of the holder has lapsed
under section 15 of the Citizenship Act 2004; or
(d) the holder has renounced Samoan citizenship under
section 14 of the Citizenship Act 2004; or
(e) the holder has been deprived of Samoan citizenship
under section 16 or section 17 of the Citizenship
Act 2004; or
(f) two (2) or more valid Samoan passports are in
existence in respect of the holder and there is no
longer any sufficient reason why that should
continue to be the case.
(2) Where the Minister cancels a Samoan passport under
this section, the Minister shall not issue another Samoan
passport to replace that passport.

10. Cancellation of passport on other grounds-(1) The
Minister may, by notice in writing, require that any Samoan
passport be returned to the Ministry, and cancel the passport or
retain possession of it, where:
(a) it is produced in support of an application for the
issue of another Samoan passport in substitution
for the first one; or
(b) it has expired and is incapable of being renewed; or
(c) it has been so damaged or defaced as to render it, in
the opinion of the Minister, unsuitable for use; or
(d) there is reasonable cause to believe that the Samoan
passport, or any renewal or endorsement of
the passport, has been obtained by means of any
8 Passports 2008, No.29

false representation or any statement that is false
in a material particular; or
(e) there is reasonable cause to believe that particulars
recorded in it are incorrect and, in the opinion of
the Minister, it would not be appropriate to
correct them by way of endorsement in
accordance with section 8.
(2) Subject to section 5, where the Minister retains or
cancels a Samoan passport under this section, the Minister shall,
on the application of the holder of that passport, issue, as soon
as practicable, another Samoan passport to replace that passport.

11. Retention of passport by Minister on other
grounds-(1) The Minister may, by notice in writing, require
that any Samoan passport be returned for retention by the
Ministry if:
(a) there is in force a warrant issued in Samoa for the
arrest of the holder;
(b) there is reasonable cause to believe that the Samoan
passport is in the wrongful possession of any
person other than the holder; or
(c) the holder of an official or diplomatic Samoan
passport ceases to hold the post or employment
for which the official or diplomatic Samoan
passport was issued.
(2) Where the Minister has required that a Samoan passport
be returned to the Ministry under subsection (1) (a), the
Minister shall return that passport to the holder as soon as
practicable after the warrant is executed or withdrawn.
(3) Where the Minister has required that a Samoan passport
be returned to the Ministry under subsection (1) (b), the
Minister shall, unless the holder has been issued with a new
passport, forthwith return that Samoan passport to the holder.

12. Delivery of passport required to be returned-(1)
Where the Minister requires the return of any Samoan passport
under any of sections 9, 10 and 11, the holder or other person
who has the Samoan passport in their possession or under their
2008, No.29 Passports 9

control shall, on demand by an officer, deliver the Samoan
passport to the officer.
(2) Every person commits an offence against this Act who
knowingly fails without lawful excuse to comply with the
provisions of this section.

PART 3
SURRENDER OF PASSPORTS

13. Surrender of passport where proceedings for
deprivation of citizenship commenced-(1) Where the Minister
gives a notice pursuant to section 18 of the Citizenship Act
2004 to the holder of a Samoan passport of the Minister’s
intention to make an order under section 16 or section 17 of that
Act depriving that person of Samoan citizenship, the Minister
may give a notice to that person requiring the surrender of any
Samoan passport which that person holds.
(2) The Minister shall be entitled to retain possession of any
such surrendered Samoan passport until:
(a) the expiry of 12 months from the date on which the
Samoan passport is surrendered, or the expiry of
any extension of that time in which the notice
was issued; or
(b) the conclusion of the proceedings for deprivation of
Samoan citizenship,
whichever occurs first.
(3) Every such notice shall inform the person on whom it is
served of the effect of subsection (2).
(4) Where the Minister requires the surrender of a Samoan
passport under this section, the holder or other person in
possession of the Samoan passport shall, on demand by an
officer, surrender the Samoan passport to the officer.
(5) Every person commits an offence against this Act who
knowingly fails without lawful excuse to comply with
subsection (4).

14. Extension of time to hold surrendered passport-(1)
Where the Minister has required the surrender of a Samoan
passport under section 13, the Minister may, at any time before
10 Passports 2008, No.29

the expiry of 12 months from the date on which the Samoan
passport was surrendered, apply to the Court for an order
extending the time during which the Minister may retain the
surrendered passport.
(2) Any such extension granted by the Court shall be for a
period of 6 (six) months.
(3) The Minister may reapply for another extension at any
time before the current extension expires.
(4) The Court shall decline any application for a second or
subsequent extension unless satisfied that there is good reason
why the Samoan passport has not been returned by the time of
the application.
(5) Where an application for an extension has been made by
the Minister, but has not been determined by the date on which
the Minister is required to return the passport due to lapse of
time, an extension shall be deemed to have been granted until
such time as the Court determines the application.

15. Return of surrendered passport if person not
deprived of citizenship - The Minister shall return a
surrendered Samoan passport to the holder as soon as:
(a) a declaration is made under section 19 of the
Citizenship Act 2004 that there are insufficient
grounds to justify the making of an order under
section 16 or section 17 of that Act to deprive the
person by whom the passport was surrendered of
Samoan citizenship; or
(b) the Minister is no longer entitled to retain possession
of the passport pursuant to section 14 (2),
whichever first occurs.

PART 4
CERTIFICATE OF IDENTITY

16. Issue of certificate of identity - The Minister may,
upon payment of the approved fee, issue a certificate of identity:
(a) to any person who is not a citizen of Samoa to
facilitate that person’s travel back to the person’s
2008, No.29 Passports 11

country of origin or to a country where that
person may obtain proper travel documents;
(b) to a Samoan citizen to facilitate travel back to
Samoa; or
(c) for any other purpose as the Minister considers
appropriate.

17. Life of certificate of identity-(1) The validity of a
certificate of identity issued under section 16 (a) ceases upon
the holder’s arrival at the country of origin or to a country
where the holder obtains proper travel documents.
(2) The validity of a certificate of identity issued under
section 16 (b) ceases upon the Samoan citizen’s arrival in
Samoa.
(3) The validity of a certificate of identity issued under
section 16 (c) ceases as determined by the Minister.

18. Cancellation of certificate of identity - The Minister
may cancel a certificate of identity as the Minister deems fit.

PART 5
DOCUMENT OF IDENTITY

19. Issue of document of identity-(1) The Minister may,
upon payment of the approved fee, issue a document of identity
to a Samoan citizen:
(a) to facilitate travel between American Samoa and
Samoa; or
(b) for any other purpose as the Minister deems fit.
(2) The Minister may refuse to issue a document of identity
if:
(a) the applicant has not attained the age of 16 years and
has not produced the written consent of one of
the person’s parents or guardians to the issue of a
document of identity to such person;
(b) there is in force a warrant issued in Samoa for the
arrest of the applicant; or
(c) the applicant is on bail, probation or parole;
12 Passports 2008, No.29

(d) the applicant is required by an order made by any
Court to remain in Samoa, or to surrender a
passport;
(e) the applicant already holds a document of identity
and there is no sufficient reason why another
document of identity should be issued to the
person; or
(f) the applicant holds a Samoan passport and refuses to
surrender it.

20. Life, renewal and replacement-(1) A document of
identity shall be valid for two (2) years or such shorter time as
the Minister may determine in any particular case.
(2) On the application by a holder for renewal of a
document of identity, the Minister may renew that document of
identity for another two (2) years, or other period determined by
the Minister, upon payment of an approved fee.
(3) Subject to section 16, in any case where the Minister
refuses to renew a document under subsection (2), the Minister
may, on the application of the holder of that document, issue
another document of identity to replace that document.

21. Endorsement of document of identity - Where the
Minister is satisfied that the particulars recorded in a document
of identity do not accurately state the identity or status of the
holder or dependants of the holder, the Minister may endorse on
the document such alterations or additions as may be necessary
to render the particulars accurate, upon payment of an approved
fee.

22. Cancellation of document of identity-(1) The Minister
may, in writing, recall any document of identity issued to any
person by or on behalf of the Government, and cancel it or
retain possession of it:
(a) where two (2) or more valid documents of identity
are in existence in respect of the holder and there
is no longer any sufficient reason why that
should continue to be the case; or
2008, No.29 Passports 13

(b) where a Samoan passport has been issued to the
person.
(2) The provisions relating to the cancellation of Samoan
passports in section 10 (1) (a) to (d) shall apply to documents of
identity with respective differences taken into consideration.
(3) Subject to section 16, where the Minister retains or
cancels a document of identity under section 10 (1) (a) to (d),
the Minister may, on the application of the holder of the
document, issue another document of identity to replace that
document.

23. Retention of document of identity by Minister on
other grounds-(1) The Minister may, by notice in writing,
recall any document of identity issued to any person by or on
behalf of the Government, and retain possession of it:
(a) where there is in force a warrant issued in Samoa for
the arrest of the holder; or
(b) where there is reasonable cause to believe that the
document of identity is in the possession of a
person who is not the holder.
(2) Where the Minister has recalled a document of identity
under subsection (1) (a), the Minister shall return that document
to the holder as soon as practicable after the warrant is executed
or withdrawn.
(3) Where the Minister has recalled a document of identity
under subsection (1) (b), the Minister shall, unless the holder
has been issued with a new document, forthwith return that
document to the holder.

24. Delivery of recalled document of identity-(1) Where
the Minister recalls any document of identity under section 22
or section 23, the holder or other person who has the document
in their possession or under their control shall, on demand by an
officer, deliver the document to the officer.
(2) Every person commits an offence against this Act who
knowingly fails without reasonable excuse to comply with
subsection (1).

14 Passports 2008, No.29

PART 6
APPEALS

25. Appeals-(1) A person who, being:
(a) the applicant for the issue, renewal, or endorsement
of a Samoan passport; or
(b) the applicant for the issue, renewal, or endorsement
of a document of identity,
is dissatisfied with any decision of the Minister made in relation
to the application of a passport or document of identity under
this Act may appeal to the Supreme Court against that decision.
(2) Every appeal under this section shall be filed within 28
days after the date on which notice of the decision that is the
subject of the appeal has been received by the person seeking to
bring the appeal, or within such extended time as the Court may
allow.
(3) On any appeal under this section, the Court may
confirm, modify, or quash the decision that is the subject of the
appeal, and may give all such directions to the Minister or any
other person concerned as may be necessary to give effect to the
Court’s decision.
(4) Where the appeal relates to a matter within the discretion
of the Minister, the Court may substitute its own discretion for
that of the Minister.
(5) Subject to the foregoing provisions of this section, the
procedure in respect of any appeal under this section shall be in
accordance with rules of Court.
(6) A party to an appeal before the Supreme Court under
this section who is dissatisfied with any decision of the
Supreme Court may appeal to the Court of Appeal.

PART 7
MISCELLANEOUS

26. Landing without passport-(1) Subject to subsection
(3), no person shall land in Samoa, unless such person produces
on arrival a valid and current passport which establishes to the
satisfaction of an Officer the nationality and identity of that
person.
2008, No.29 Passports 15

(2) Notwithstanding subsection (1), no passport shall be
required in the case of any child under the age of 16 years
accompanied by a parent, if the name of the child is included in
the passport or other travel document of that parent.
(3) Notwithstanding subsections (1) and (2), the Minister, or
any authorised Officer may grant to any person or class of
persons permission to land in Samoa without being in
possession of a passport, subject to such conditions as the
Minister or authorised Officer deems fit to impose.
(4) Any person who lands in Samoa without complying with
this section commits an offence against this Act and where
convicted shall be deemed for all purposes to be a prohibited
immigrant and shall be handled accordingly.

27. Passports may be required to be delivered-(1) Any
person required under this Act to produce a passport upon
arrival in Samoa, shall, where required, deliver such passport to
an Officer before leaving the ship on which such person enters
the country.
(2) Any passport delivered to an Officer in accordance with
the provisions of this section may, subject to any direction of
the Minister, be retained by the Officer or be returned to the
person who delivered it, as the Officer deems fit.
(3) Any person who fails without reasonable excuse to
deliver such person’s passport as and when required in
accordance with the provisions of this section commits an
offence against this Act and is liable upon conviction to
imprisonment for a term not exceeding one (1) year or a fine not
exceeding 10 penalty units, or to both.

28. Minister may authorise issue of passports by
overseas representatives-(1) The Minister may from time to
time, issue in writing, such authorisation to any overseas
representative of Samoa in any other country to exercise in that
country all or any of the powers and functions that the Minister
is authorised by this Act to exercise in Samoa, and in every such
case the provisions of this Act shall, so far as they are
applicable and with the necessary modifications, apply
accordingly.
16 Passports 2008, No.29

(2) In the exercise of any such powers or functions, every
overseas representative shall act in accordance with any general
or special directions issued in writing by the Minister.

29. Notice of decision-(1) Where the Minister makes a
decision pursuant to any power given under this Act, and gives
to the person or persons whose interests are affected by the
decision notice in writing of the making of the decision, that
notice shall include a statement to the effect that such person
may make an application to the Court for review of the decision
to which the notice relates by or on behalf of the person or
persons whose interests are affected by the decision.
(2) Any failure to comply with the requirements of
subsection (1) in relation to a decision does not affect the
validity of the decision.

30. Notification of loss or theft of passports - Where a
Samoan travel document is lost or stolen, the person to whom
the travel document was issued shall, as soon as practicable
after the person becomes aware of the loss or theft:
(a) where the passport is lost or stolen within Samoa,
report the loss or theft to an Officer or the Police
Service; or
(b) if the passport is lost or stolen outside Samoa, report
the loss or theft to an Officer of, or a person
employed at, a Samoan diplomatic or consular
mission, overseas representative or the Police
Service within the country in which the passport
is lost or stolen.

31. Attorney General to file suit - Every person who
commits an offence under this Act or who aids and abets the
commission of an offence under this Act, shall be liable at the
suit of the Attorney General to repay to the Government any
expenses incurred by the Government as a result of the
commission of such offence.

32. Travel documents are property of Samoan
Government-(1) All Samoan travel documents issued by or on
2008, No.29 Passports 17

behalf of the Government under this Act, whether before or
after the commencement of this Act, shall be the property of the
Government.
(2) The right in a travel document conferred on the
Government by subsection (1) shall not be defeated or affected
by any security, pledge, deposit, or encumbrance given, made or
accepted in respect of the travel document by the holder or by
any other person.
(3) No holder or any other person shall give, make, or
accept as a security, pledge, or deposit, or otherwise encumber,
a Samoan travel document issued by or on behalf of the
Government, and any term of an agreement which would
otherwise have that effect shall be void.

PART 8
OFFENCES AND PENALTIES

33. Forged and false Samoan travel documents-(1) Every
person commits an offence who:
(a) forges a Samoan travel document; or
(b) knowing a document to be a forged or false Samoan
travel document, without reasonable excuse -
(i) uses, deals with, or acts upon it as if it
were genuine; or
(ii) causes another person to use, deal
with, or act upon it as if it were genuine; or
(c) without reasonable excuse -
(i) has in the person’s possession or
under the person’s control a document that
the person knows or has reason to suspect is
a forged or false Samoan travel document; or
(ii) sells, hires, lends, gives, or otherwise
disposes of a document that the person
knows or has reason to suspect is a forged or
false Samoan travel document to another
person.
(2) Every person who commits an offence against
subsection (1) is liable upon conviction to imprisonment for a
18 Passports 2008, No.29

term not exceeding three (3) years, or a fine not exceeding 50
penalty units, or both.

34. Falsifying foreign passports-(1) Every person is guilty
of an offence if the person within Samoa:
(a) falsifies a passport issued by or on behalf of the
government of a foreign country; or
(b) makes a document that is false with the intent that
the false document may be used, acted on or
accepted as if it were a passport issued by or on
behalf of the government of a foreign country.
(2) Every person who commits an offence against
subsection (1) is liable upon conviction to imprisonment for a
term not exceeding three (3) years or a fine not exceeding 50
penalty units, or both.

35. Offences relating to passport information and
material-(1) Every person commits an offence who knowingly,
and without lawful authority or reasonable excuse:
(a) deletes, alters, or copies any information recorded in
or on a passport database; or
(b) allows any information recorded in or on a passport
database to be deleted, altered, or copied; or
(c) records any information in or on a passport database;
or
(d) allows any information to be recorded in or on a
passport database; or
(e) takes from where it is officially kept -
(i) a Samoan travel document or a blank
or incomplete Samoan travel document; or
(ii) a seal, stamp, or other authenticating
device or thing, that the person knows is
specially used by the proper authorities for a
purpose relating to Samoan travel
documents; or
(iii) any paper or other material that the
person knows is specially provided by the
proper authorities for a purpose relating to
Samoan travel documents; or
2008, No.29 Passports 19

(f) takes from where it is officially kept a file or register
in or on which information is or is to be recorded
by officers for the purposes of this Act; or
(g) attempts to access or access a passport database; or
(h) attempts to disclose or alter or disclose or alter any
information held in a passport database.
(2) Every person who commits an offence against
subsection (1) is liable upon conviction to imprisonment for a
term not exceeding three (3) years or a fine not exceeding 50
penalty units, or both.

36. Improper issue of Samoan travel document-(1) Every
person commits an offence who, without lawful authority or
reasonable excuse, issues a Samoan travel document knowing
that the person to whom it relates is not entitled to be issued it.
(2) Every person who commits an offence against
subsection (1) is liable upon conviction to imprisonment for a
term not exceeding three (3) years or a fine not exceeding 50
penalty units, or both.

37. Other offences-(1) A person commits an offence who:
(a) for purposes of travel or identification and without
reasonable excuse, uses a Samoan travel
document that the person knows or has
reasonable cause to suspect was issued to or in
respect of another person; or
(b) being the holder of a Samoan travel document,
without reasonable excuse permits another
person to have possession of that document
where the holder knows or has reasonable cause
to suspect that that person intends to use it for his
or her purposes; or
(c) without lawful authority or reasonable excuse, takes
or retains in the person’s possession or under the
person’s control a Samoan travel document
against the will of the holder; or
(d) without reasonable excuse, has in the person’s
possession or under the person’s control within
Samoa -
20 Passports 2008, No.29

(i) a passport issued by or on behalf of
the Government of any country other
than Samoa, being a passport that the person
knows or has reason to suspect has been
falsified or has been obtained by false
representation; or
(ii) a document purporting to be a
passport issued by or on behalf of the
Government of any country other than
Samoa that the person knows or has reason to
suspect is not such a passport.
(2) Every person who commits an offence against
subsection (1) is liable upon conviction to imprisonment for a
term not exceeding three (3) years or a fine not exceeding 50
penalty units, or both.
(3) Every person who intentionally defaces or destroys a
Samoan travel document commits an offence and is liable upon
conviction to imprisonment for a term not exceeding one (1)
year, or a fine not exceeding 10 penalty units, or both.
(4) Every person who fails to comply with a provision of
this Act for which a penalty is not provided commits an offence
and shall be liable upon conviction to imprisonment for a term
not exceeding one (1) year or to a fine not exceeding 20 penalty
units or to both such fine and imprisonment.

38. False representations-(1) Every person commits an
offence who, for the purpose of procuring a Samoan travel
document, or a renewal or endorsement of a Samoan travel
document, whether for the person’s benefit or for the benefit of
any other person:
(a) makes a written or oral statement that the person
knows to be false or misleading in a material
particular; or
(b) recklessly makes a written or oral statement that is
false or misleading in a material particular; or
(c) certifies an application form for a travel document
knowing the certification to be false.
2008, No.29 Passports 21

(2) Every person who commits an offence against
subsection (1) is liable upon conviction to imprisonment for a
term not exceeding three (3) years or a fine not exceeding 50
penalty units, or both.

39. Regulations-(1) The Head of State, acting on the advice
of Cabinet, may make regulations providing for such matters as
are contemplated by or necessary for giving full effect to the
provisions of this Act and for its due administration.
(2) Without limiting the general power conferred by
subsection (1), regulations may be made for all or any of the
following purposes:
(a) requiring the payment of fees, and prescribing the
amount of such fees, in respect of -
(i) applications for and the issue of travel
documents; and
(ii) applications for the renewal or
endorsement of any such document; and
(iii) any other fees as determined by the
Minister;
(b) empowering the Minister to grant exemptions from
the payment of fees; and
(c) prescribing penalties not exceeding 10 penalty units,
or imprisonment for a term not exceeding three
(3) months, for a breach of a regulation; and
(d) prescribing forms to be used for the purposes of this
Act.

40. Repeal and consequential amendments-(1) The
Permits and Passports Act 1978 is repealed.
(2) Any reference to any provision or matter under or
concerning the Permits and Passports Act 1978 in any
enactment shall be taken for all purposes to be a reference to the
corresponding provision or matter in this Act, unless the
Minister by Notice determines otherwise.

41. Savings-(1) All passports and renewals, endorsements,
certificates of identity and any other travel documents, issued,
made or granted in Samoa or by any overseas representative
22 Passports 2008, No.29

before the commencement of this Act, and generally all acts of
authority in relation to any such passports, renewals,
endorsements, certificates of identity, or other travel documents,
which are subsisting or in force at the commencement of this
Act, shall endure for the purposes of this Act as fully and
effectually as if they had originated under the provisions of this
Act, and accordingly shall, where necessary be deemed to have
so originated.
(2) The Permits and Passports (Fees) Regulations 2007
made under the Permits and Passports Act 1978 shall continue
in force as if made under this Act, until such time as they are
amended or repealed.
(3) All criminal proceedings undertaken by or on behalf of
the Ministry or arising out of or under the Permits and Passports
Act 1978 as at the commencement of this Act shall be deemed
to have been instituted and continued under the corresponding
provisions of this Act.

42. Transitional - All applications submitted to the
Minister before the commencement of this Act arising out of or
under the provisions of the Permits and Passports Act 1978
shall be determined in accordance with the provisions of the
Permits and Passports Act 1978 as if this Act had not
commenced, and all other matters shall be dealt with in
accordance with the provisions of this Act.


__________

The Passports Act 2008 is administered by
the Ministry of the Prime Minister.





Printed by the Clerk of the Legislative Assembly
by authority of the Legislative Assembly.