rangement of Provisions

1. Short title and commencement
2. Titles of the principal Act
3. Interpretation
4. Establishment of the
Organisation
5. Deletion of the word
“Institute”
6. Objectives of the Organisation
7. Functions of the Organisation
8. Scope of Organisation’s
activities
9. Board of Directors
10. Insertion of new section
11. Chief Executive Officer of
the Organisation
12. Insertion of new sections
13. Staff and other personnel
14. Intellectual Property Rights
held by the Organisation
15. Insertion of new sections
16. Format of principal Act

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2008, No. 33

AN ACT to amend the name of the Research and
Development Institute of Samoa, and for related
purposes. [20th
November 2008]
BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:
1. Short title and commencement-(1) This Act may be
cited as the Scientific Research Organisation of Samoa Act
2008 and shall be read with and form part of the Research and
Development Institute of Samoa Act 2006 (“the principal Act”).
(2) This Act commences on the date of assent by the Head
of State.

2 Scientific Research Organisation of Samoa 2008, No.33

2. Titles of the principal Act-(1) The long title of the
principal Act is amended by deleting the words “Research and
Development Institute of Samoa” and substituting them with the
words “Scientific Research Organisation of Samoa and for
related purposes”.
(2) The short title in section 1(1) of the principal Act is
amended by deleting the words “Research and Development
Institute” and substituting them with the words “Scientific
Research Organisation”.
3. Interpretation-(1) Section 2 of the principal Act is
amended as follows:
(a) by inserting the following definitions in correct
alphabetical order:

““Chairperson” means the Chairperson of the
Board;
“eligible person” means any of the following:
(a) an officer;
(b) a director or employee of another
research organisation where –
(i) the Organisation and other
research organisation are partners in a
partnership; or
(ii) the Organisation holds a
controlling interest in another research
organisation;
(c) any person engaged by the Organisation
to carry out work for or on behalf of
the Organisation.
“ex-officio member” means a member who holds
office on the Board by reason of being the
holder of the designated office, and who does
not have any power to vote as a member of
the Board;
“member” means a member of the Board and
includes the Chairperson and the Chief
Executive Officer;
“officer” means an officer of the Organisation;

2008, No.33 Scientific Research Organisation of Samoa 3

“Organisation” means the Scientific Research
Organisation of Samoa;
“scientific research” includes technology and
industry development.”; and

(b) by deleting the word “Institute” and its
interpretation.

4. Establishment of the Organisation-(1) Section 3(1) of
the principal Act is amended by deleting the words “Research
and Development Institute” and substituting them with the
words “Scientific Research Organisation”.
(2) Section 3(2) of the principal Act is amended by deleting
the word “is”, which comes before the words “a body
corporate”, and substituting it with the words “shall consist of
the members of the Board, and of the officers of the
Organisation and shall be”.

5. Deletion of the word “Institute” – The principal Act is
amended by replacing the word “Institute”, wherever it appears,
with the word “Organisation”.

6. Objectives of the Organisation – Section 4(e) of the
principal Act is amended by deleting the words “support the
teaching of science and technology” and substituting them with
the words “ensure effective training for researchers and
professionals engaged in scientific and technical research”.

7. Functions of the Organisation-(1) The principal Act is
amended by deleting paragraphs (a) to (e) of section 5(1) and
substituting them with the following:

“(a) to carry out scientific research and develop
technologies for any of the following
purposes -
(i) contributing to the achievement of
national goals in the Strategy for the
Development of Samoa or any other national
plan of Samoa;

4 Scientific Research Organisation of Samoa 2008, No.33

(ii) assisting industries, Government
Ministries, corporations and agencies;
(iii) furthering the interests of the
community; and
(iv) any other purpose determined by the
Board;
(b) to encourage or facilitate the application or
utilisation of the results of any other
scientific research;
(c) to act as a means of liaison between Samoa and
other countries in matters connected with
scientific research and development;
(d) to train, and to assist in the training of research
and workers in the field of science and to
cooperate with tertiary education institutions,
both local and overseas, in relation to
education in any field of science;
(e) to establish and award fellowships and
studentships for research, and to make grants
in aid of research, for a purpose referred to in
paragraph (a);
(f) to collect, interpret and disseminate information
relating to scientific and technical matters;
and
(g) to publish scientific and technical reports,
periodicals and papers.”

(2) The principal Act is amended by inserting the following
after section 5(2):

“(3) The Organisation shall:
(a) treat the functions referred to in subsection (1)(a)
and (b) as its primary functions; and
(b) treat the other functions referred to in subsection
(1)(c) to (g) as its secondary functions.”

2008, No.33 Scientific Research Organisation of Samoa 5

8. Scope of Organisation’s activities-(1) Section 6 of the
principal Act is amended by inserting the figure “(1)” before the
words “The Organisation’s activities” so that it becomes
subsection (1).
(2) Section 6(1)(a) of the principal Act is amended by
deleting the words “applied research in” and substituting them
with the words “research in applied”.
(3) Section 6(1)(b) of the principal Act is amended by
deleting the word “innovations” and substituting it with the
words “introduce new ideas and implement technology transfer
to commercial realities”.
(4) Section 6(1)(c) of the principal Act is amended by
deleting the words “development of products based on” and
substituting them with the words “commercialisation of”.
(5) Section 6 of the principal Act is amended by inserting
the following after subsection (1):

“(2) The Organisation shall, as far as possible, cooperate
with other organisations and authorities in the co-ordination
of scientific research, with a view to:
(a) identifying clear and specific functions; and
(b) making use of available facilities, staff and
resources most effectively.”

9. Board of Directors-(1) Section 8(1) of the principal Act
is amended by deleting the words “be responsible for the policy,
control and governance of the Institute.” and substituting them
with:

“have the following functions:
(a) to ensure the proper and efficient performance of
the functions of the Organisation;
(b) to determine the policy of the Organisation with
respect to any matter;
(c) to give directions relating to the administration of
this Act to the Chief Executive Officer; and
(d) such other functions as are conferred on it by this
Act.”

6 Scientific Research Organisation of Samoa 2008, No.33

(2) Section 8(2) of the principal Act is amended by
deleting the figure “13” in brackets and substituting it with
the figure “1”.
(3) Section 8(2)(b) of the principal Act is amended by
inserting after the word “Officer” the words “, who shall be
an ex-officio member”.
(4) Section 8(2)(c) of the principal Act is amended by
deleting the word “seven” and substituting it with the words
“not fewer than seven (7) and not more than nine (9)”.
(5) Section 8(7) of the principal Act is amended by:
(a) inserting before the words “or, in the absence”
the words “who shall preside at all meetings
at which he or she is present”; and
(b) inserting before the words “from at least” the
words “to the secretary of the Board”.
(6) The principal Act is amended by deleting section 8(9)
and substituting it with the following:

“(9) At a meeting, a quorum is constituted:
(a) by six (6) members, where the total number of
Board members is 11 (including Chairperson
and Chief Executive Officer); or
(b) by five (5) members, where the total number of
Board members is nine (9).”

10. Insertion of new section – The principal Act is
amended by inserting the following after section 9:

“9A. Advisory committees-(1) The Board may establish
advisory committees, consisting of such persons as the
Board appoints, to give advice to the Board on particular
matters or classes of matters relating to the functions of the
Organisation.
(2) The Board shall appoint one of the members of each
advisory committee to be the Chairperson of that committee.
(3) The Board may determine:
(a) the manner in which an advisory committee is to
perform its functions;

2008, No.33 Scientific Research Organisation of Samoa 7

(b) the procedure to be followed in relation to
meetings of an advisory committee,
including matters relating to -
(i) the convening of meetings of the advisory
committee;
(ii) the number of members of the advisory
committee who are to constitute a quorum;
(iii) the selection of a member of the
advisory committee to preside at meetings of the
advisory committee at which the Chairperson of
the advisory committee is not present; and
(iv) the manner in which questions arising at
a meeting of the advisory committee are to be
decided.
(4) If the Board decides that the members of an advisory
committee should be remunerated, those members shall be
paid by the Organisation such remuneration as is approved
by the Board in line with approved Government policies.”

11. Chief Executive Officer of the Organisation-(1)
Section 10(1) of the principal Act is amended by inserting after
the words “section 9” the following words:

“and, subject to this Act, hold office on a full-time basis
for a term of three (3) years, and may be reappointed under
section 9(a)”.

(2) The principal Act is amended by inserting the following
after section 10(2):

“(3) The Chief Executive Officer has such leave
entitlements as determined by the Board.
(4) The Minister may grant the Chief Executive Officer
leave of absence, other than local leave, on such terms and
conditions as he or she sees fit.
(5) The Chief Executive Officer may resign the office of
Chief Executive Officer in writing signed by the Chief
Executive Officer and delivered to the Chairperson of the
Board.

8 Scientific Research Organisation of Samoa 2008, No.33

(6) The Chief Executive Officer shall give written notice
to the Board of all direct or indirect pecuniary interests that
the Chief Executive Officer has or may have in any business
or in any body corporate carrying on a business.
(7) The Board may terminate the appointment of the
Chief Executive Officer on medical grounds, or if the Chief
Executive Officer:
(a) becomes bankrupt;
(b) fails, without reasonable excuse, to comply with
section 10(6);
(c) repeated absence from Board meetings without a
valid explanation; or
(d) engages in paid employment outside the duties of
the office of the Chief Executive Officer
without the Board’s approval.”

12. Insertion of new sections – The principal Act is
amended by inserting the following sections after section 10:

“10A. Acting Chief Executive Officer of the
Organisation-(1) The Board may, by letter of appointment,
appoint a person to act in the office of the Chief Executive
Officer:
(a) during a vacancy in that office, whether or not an
appointment has previously been made to
that office; or
(b) during any period, or during all periods, when
the Chief Executive Officer is absent from
duty or from Samoa or is, for any other
reason, unable to perform the functions of
that office.
(2) The Acting Chief Executive Officer:
(a) may be expressed to have effect only in such
circumstances as are specified in the letter of
appointment; and
(b) shall not continue so to act for more than 36
months.

2008, No.33 Scientific Research Organisation of Samoa 9

(3) The Acting Chief Executive Officer:
(a) may exercise all powers, and shall perform all
the functions of a Chief Executive Officer;
and
(b) is entitled to a Higher Duty Allowance, which will
be based on terms and conditions as specified by
the Board in line with approved Government
policies, if he or she has acted for 10 or more
working days.
(4) An Acting Chief Executive Officer may resign the
appointment in writing signed by the Acting Chief
Executive Officer and delivered to the Chairperson.

10B. Delegation-(1) Subject to the Board’s approval,
the Chief Executive Officer may, in writing, delegate to an
eligible person, or to a committee or group of eligible
persons, all or any of the Chief Executive Officer’s powers
under this Act, other than this power of delegation.
(2) A delegation may be:
(a) made subject to conditions, qualifications and
exceptions; and
(b) revoked or varied at will.
(3) A delegate, under this section, in the exercise of a
power so delegated, is subject to the directions of the Chief
Executive Officer.
(4) Where the Chief Executive Officer delegates a
power to a committee or group of persons, the Chief
Executive Officer:
(a) may appoint one of the members of the
committee to be Chairperson of the
committee; and
(b) may determine the procedure to be followed in
relation to meetings of the committee,
including matters with respect to -
(i) the convening of meetings of the
committee;
(ii) the number of members of the
committee who are to constitute a quorum;

10 Scientific Research Organisation of Samoa 2008, No.33

(iii) the selection of a member of the
committee to preside at meetings of the
committee at which the Chairperson of the
committee is not present; and
(iv) the manner in which questions
arising at a meeting of the committee are to
be decided.
(5) A delegation under this section does not prevent the
exercise of the powers of the Chief Executive Officer by the
Chief Executive Officer.”

13. Staff and other personnel – Section 12(1) of the
principal Act is deleted and substituted with the following:

“(1) Subject to the Board’s approval the Chief Executive
Officer may appoint such persons to be officers of the
Organisation as the Chief Executive Officer determines are
necessary for the purpose of this Act.”

14. Intellectual Property Rights held by the
Organisation-(1) Section 14 of the principal Act is amended by
deleting the section in its entirety and substituting it with the
following:

“14. Intellectual Property Rights held by the
Organisation-(1) A discovery, invention or improvement of
or in any process, apparatus or machine made by an officer
of the Organisation or eligible person in the course of their
official duties is the property of the Organisation.
(2) Under subsection (1), the Organisation holds the
intellectual property rights to all research and innovations
conducted by or that resulted from any operation of research
and innovations conducted under the authority of the
Organisation.
(3) An officer of the Organisation or eligible person
shall not, except with the consent in writing of the Chief
Executive Officer, make application for a patent for an
invention that is made by the officer or eligible person in the

2008, No.33 Scientific Research Organisation of Samoa 11

course of their official duties or that relates to any matter or
work connected with their official duties.
(4) The Organisation may grant a licence or other right,
in writing, to a part or the whole of the intellectual property
rights held by the Organisation to any person on such terms
as the Organisation, in its absolute discretion, may
determine.”

15. Insertion of new sections – The principal Act is
amended as follows:
(a) by inserting after section 16 the following:

“16A. Corporate Plans-(1) In this section, “planning
period” means a period not exceeding three (3) years and
which the Board declares to be a planning period for the
purposes of this section.
(2) The Chief Executive Officer shall:
(a) before the commencement of each planning
period, formulate a corporate plan, for the
planning period concerned, setting out -
(i) the broad mandate of the Organisation
in performing its functions during the
planning period;
(ii) the broad outline of the objectives,
strategies and performance measures to be
pursued by the Organisation to achieve those
objectives; and
(b) from time to time, review and revise the
corporate plan.
(3) A corporate plan, or a revision of a corporate plan,
shall be approved by the Board as soon as practicable after it
is formulated and before it comes into effect.

16B. Annual Operational Plans-(1) The Chief
Executive Officer shall:
(a) before the commencement of each financial year
that is included in the corporate plan,
formulate an annual operational plan, for the

12 Scientific Research Organisation of Samoa 2008, No.33

financial year concerned, setting out the
details of -
(i) the strategies the Organisation
proposed to pursue;
(ii) the activities the Organisation
proposes to carry out; and
(iii) the resources the Organisation
proposed to allocate to each such activity;
and
(b) from time to time, review and revise the annual
operational plan.
(2) An annual operational plan, or a revision of an
annual operational plan:
(a) shall be submitted to the Board by the Chief
Executive Officer as soon as practicable after
it is formulated; and
(b) has no effect until approved by the Board.”;

(b) by inserting after section 17 the following:

“17A. Moneys payable to Organisation-(1) There are
payable to the Organisation such moneys as are
appropriated by the Parliament for the purposes of this Act.
(2) The Minister of Finance may give directions as to
the amounts in which, and the times at which, moneys
referred to in subsection (1) are to be paid to the
Organisation.”; and

(c) by inserting after section 18 the following:

“18A. Reference to other Acts – The provisions of this
Act shall be administered in accordance with the
requirements of the Public Finance Management Act 2001
and the Public Bodies (Performance and Accountability)
Act 2001.”

2008, No.33 Scientific Research Organisation of Samoa 13

16. Format of principal Act – The principal Act is
amended by dividing it in Parts as follows:

(a) inserting the heading “Part I – PRELIMINARY” before
section 1;
(b) inserting the heading “Part II – THE
ORGANISATION” before section 3;
(c) inserting the heading “Part III – INTELLECTUAL
PROPERTY RIGHTS” before section 14;
(d) inserting the heading “Part IV – FINANCIAL
ACCOUNTS” before section 17; and
(e) inserting the heading “Part V – MISCELLANEOUS”
before section 18.


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The Scientific Research Organisation of Samoa Act 2008 is
administered by the Scientific Research Organisation of Samoa.