2002, No. 20 2007 South Pacific Games Authority 19

2002, No. 20

AN ACT to establish the South Pacific Games Authority to
conduct the 2007 South Pacific Games in Samoa and for
related purposes. [22nd
August 2002]

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

PART I
PRELIMINARY

1. Short title and commencement-(1) This Act may be
cited as the 2007 South Pacific Games Authority Act 2002.
(2) This Act shall come into force on the day it is assented
to by the Head of State.

2. Interpretation - In this Act unless the context otherwise
requires:
“Act” means the 2007 South Pacific Games Authority Act
2002:
“Authority” means the South Pacific Games Authority
established by section 3 of the Act:
“Court” means the Supreme Court of Samoa:
“Games” means the 2007 South Pacific Games:
“Intellectual Property Rights” means the complete range
of intangible property rights, including but not
limited to patents, trademarks, design rights and
copyright, in the names, titles, items, matters and
events listed in the Schedule to the Act. The
Minister, with the consent of Cabinet, may amend
the Schedule from time to time provided that a
public notice of any amendment is published in
Samoan and English in two newspapers circulating
in Samoa:

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“Media Rights” means the right to report, broadcast, film,
photograph, record, publish, televise, or distribute
any report, photograph, film, recording, publication
or broadcast of any event or activity of the 2007
South Pacific Games in Samoa through any publicly
accessible media, including, but not limited to,
newspapers, radio, television, cinema, internet,
books, magazines, recordings and any computer
based technology:
“member” means a member of the Authority as listed in
section 4 of the Act:
“Minister” means the Minister responsible for Sport:
“SASNOC” means the Samoa Association of Sports and
National Olympic Committee or its successor,
however styled, and in the event that SASNOC
ceases to exist such organization or body
representing sports organizations in Samoa as may
be nominated by the Minister:
“Secretary” means the Head of the Department
responsible for Sport.


PART II
SOUTH PACIFIC GAMES AUTHORITY

3. South Pacific Games Authority-(1) There is established
a body called the South Pacific Games Authority.
(2) The Authority is a body corporate with perpetual
succession, a common seal and is capable of -
(a) Acquiring, holding and disposing of real and
personal property;
(b) Suing and being sued; and
(c) Doing and suffering all such acts and things as
bodies corporate may lawfully do and suffer.
(3) The common seal may be affixed only:
(a) In the presence of a member of the Authority or other
person authorized in writing by the Authority;
and
2002, No. 20 2007 South Pacific Games Authority 21

(b) With an attestation by the signature of the member of
the Authority or other person authorized in
writing by the Authority.

4. Membership of the Authority-(1) The Authority
consists of the following persons:
(a) The Minister, who shall be the Chairman;
(b) The Secretary, who shall be the Deputy Chairman;
(c) The President of SASNOC;
(d) A representative of SASNOC;
(e) The Manager, Samoa Land Corporation;
(f) The Attorney General;
(g) The Director General of Works;
(h) The Financial Secretary;
(i) Two persons representing business, nominated by the
Minister; and
(j) One person representing the community, nominated
by the Minister.
(2) The Authority may co-opt other persons from time to
time to attend and participate in its deliberations but such
persons shall not have the power to vote on any matter.

5. Purpose and function of the Authority - The
Authority’s purpose and function is the preparation,
management and conduct of the 2007 South Pacific Games in
Samoa.

6. Powers of the Authority-(1) Subject to this Act and the
laws of Samoa, the Authority may do all things necessary to
prepare for, manage and conduct the Games, including but not
limited to:
(a) Acquiring expending and using funds and other
resources, including grants, loans and any other
resources required by the Authority;
(b) Borrowing, mortgaging or entering into any financial
arrangement deemed necessary by the Authority
and approved by the Financial Secretary and the
Attorney General;

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(c) Entering into any commercial arrangements deemed
necessary by the Authority for the financing and
sponsorship of the Games and approved by the
Financial Secretary and the Attorney General;
(d) Constructing or causing to be constructed facilities
required by the Authority;
(e) Acquiring property, both real and personal, by way
of purchase, lease or any other arrangement, by
agreement or compulsorily, in accordance with
the Constitution and the Taking of Land Act
1964. The purpose and function of the Authority
under section 3 shall be a Public Purpose under
the Taking of Land Act 1964;
(f) Entering into contractual and other arrangements
with Government departments and agencies and
other bodies, private companies and individuals
and other bodies, organizations, groups and
individuals to enable the Games to be conducted;
(g) Employing staff and contracting the services of
persons, companies organizations and groups
required by the Authority to conduct the Games;
and
(h) Upon completion of the Games, at the direction of
Cabinet and with the approval of the Financial
Secretary and the Attorney General, transferring
assets acquired by or under the control of the
Authority to Government departments or
agencies or bodies or to other organizations,
groups or persons.

7. Vacancies and Procedures of the Authority-(1) Any
member of the Authority may be removed from office by the
Head of State, acting upon the advice of Cabinet for disability,
inefficiency, bankruptcy, neglect of duty, misconduct or
permanent departure from Samoa, or may resign his or her
office by written notice addressed to the Chairman.
(2) The office of any member of the Authority shall become
vacant if he or she dies or resigns or is removed from office,

2002, No. 20 2007 South Pacific Games Authority 23

and thereupon the vacancy shall be filled in the manner in
which the original appointment was made.
(3) Meetings of the Authority shall be called by the
Chairman or on a requisition in writing from at least three (3)
members of the Authority.
(4) The quorum for any meeting of the Authority shall be
six (6) members.
(5) Every question before a meeting of the Authority shall
be determined by a majority of the votes of members present at
the meeting but the chairperson of that meeting shall have a
deliberative vote and, in the case of an equality of votes, shall
also have a casting vote.
(6) Except as otherwise provided in this Act or in any
regulations, the Authority may regulate its procedure as it thinks
fit.

8. Remuneration of Authority Members – The members
of the Authority may be paid such fees and allowances as
approved by Cabinet.

9. Corporate Plan–(1) Subject to subsection (3), the
Authority is required to prepare and provide to Cabinet, at least
three (3) months before the beginning of each financial year, a
draft corporate plan for the financial year.
(2) The Authority:
(a) Must consider any comments on the draft corporate
plan that are made by Cabinet within two (2)
months after the draft plan is delivered to
Cabinet; and
(b) Must deliver the completed corporate plan to Cabinet
before the beginning of the financial year
concerned.
(3) In its first year of operation the Authority must prepare
a draft corporate plan and submit it to Cabinet within three (3)
months of the commencement of the Act and the provisions of
subsection (2) shall apply, with such adaptions as may be
required.


24 2007 South Pacific Games Authority 2002, No. 20

(4) The Authority is, as far as practicable, to exercise its
function and powers in accordance with the relevant corporate
plan.
(5) A corporate plan must specify:
(a) The objectives of the activities of the Authority for
the financial year concerned and for such future
financial years as Cabinet directs;
(b) The strategies, policies and budgets for achieving
those objectives; and
(c) Targets and criteria for assessing the performance of
the Authority.
(6) The financial year of the Authority is the year
commencing on 1 July.

10. Liability – A matter or thing done or omitted by:
(a) The Authority; or
(b) Members of the Authority; or
(c) Staff of the Authority; or
(d) Any person acting under the direction of the
Authority,
does not subject the Authority, member or person so acting to
any action, liability claim or demand, if the matter or thing was
done or omitted in good faith for the purposes of executing this
or any other Act.

11. Staff and other personnel-(1) The Authority may
employ such staff as it deems necessary on such terms and
conditions as the Authority determines with the approval of the
Secretary of the Public Service Commission.
(2) Staff employed by the Authority shall not be regarded as
public servants.
(3) The Authority may arrange for the use of the services of
any staff (by secondment or otherwise) or facilities of a
Government department agency or body. For the purposes of
the Act a person whose services are made use of under this
subsection is a member of the staff of the Authority.
(4) The Authority may engage consultants or other persons
to undertake any task or work for or on behalf of the Authority.

2002, No. 20 2007 South Pacific Games Authority 25

PART III
FINANCES, ANNUAL REPORT AND AUDIT

12. Funds of the Authority - The funds available for the
purpose of enabling the Authority to perform its function under
the Act consist of –
(a) All moneys from time to time appropriated by
Parliament for the purpose;
(b) All moneys received by the Authority for goods or
services or under any contract or agreement;
(c) All moneys received by the Authority by way of
grant;
(d) All moneys borrowed by the Authority; and
(e) Any other moneys received by, or made available to
the Authority under or for the purpose of the Act.

13. Accounts and Annual Report of the Authority-(1)
The Authority shall cause to be kept proper accounts and
records of the transactions and affairs of the Authority and shall
do all things necessary to ensure that all funds received are
brought to account, all payments out of its funds are correctly
made and properly authorized and that adequate control is
maintained over its property and over the incurring of liabilities
of the Authority.
(2) The Authority shall cause to be prepared and submitted
to the Minister, within two (2) months of the end of the
financial year of the Authority, an annual report containing –
(a) Financial statements for the financial year;
(b) Performance indicators and such information as may
be directed by the Minister of Finance;
(c) A report on the operations of the Authority during
the preceeding financial year;
(d) A summary of the corporate plan; and
(e) Such other information as Cabinet may require.
(3) The financial statements referred to in subsection (2)(a)
shall be prepared on an accrual accounting basis and shall
consist of –
(a) A statement of financial transactions of the Authority
for the financial year;
26 2007 South Pacific Games Authority 2002, No. 20

(b) A statement of the financial position of the Authority
at the end of the financial year; and
(c) Proper and adequate notes to the financial
statements.
(4) The financial statements referred to in subsection (2)(a)
shall –
(a) Present fairly the financial transactions of the
Authority during the financial year to which they
relate; and
(b) Present fairly the financial position of the Authority
at the end of the financial year.
(5) The Authority shall, within two (2) months after the end
of the financial year of the Authority, cause to be submitted to
the Controller and Chief Auditor for audit the financial
statements and other information referred to in subsection (2)
together with a copy of the corporate plan for that financial
year.
(6) The Minister shall cause copies of each annual report of
the Authority, together with the Controller and the Chief
Auditor’s audit report, to be laid before Parliament within 14
sitting days of receiving the Controller and Chief Auditor’s
audit report.


PART IV
PROTECTION OF MEDIA RIGHTS

14. Media Rights held by the Authority-(1) Despite the
provisions of any law, the Authority holds the media rights to
the Games.
(2) The Authority may grant a licence or other right, in
writing, to a part or the whole of the media rights held by the
Authority to any person on such terms as the Authority, in its
absolute discretion, may determine.

15. Breach of Media Rights-(1) Any person who
knowingly infringes the media rights of the Authority commits
an offence.

2002, No. 20 2007 South Pacific Games Authority 27

(2) Any person who knowingly aids or abets another person
or counsels or procures another person to commit an offence
under subsection (1) commits an offence.
(3) Any person convicted of an offence under subsections
(1) or (2) shall be liable to a fine of up to 1000 penalty units or
imprisonment for one (1) year or both a fine and imprisonment.

16. Seizure of unlawful media materials-(1) Despite the
provisions of any law, a police officer, acting on a written
request from the Authority, may –
(a) Seize any document, photograph, recording,
electronic record, film or other material from any
person where such document, photograph,
recording, electronic record, film or other
material is believed on reasonable grounds to
have been created or brought into existence as
part of or as a consequence of a person
committing an offence under section 15; or
(b) Seize any camera, recording device, computer,
microphone or any piece of equipment from any
person where such camera, recording device,
computer, microphone or piece of equipment is
believed on reasonable grounds to have been
used or involved with the commission of an
offence under section 15.
(2) Any item or object seized under this section shall be held
in safe keeping by the Commissioner of Police Service and shall
be disposed of in accordance with subsection (4).
(3) Any item or object seized under this section may be used
in connection with a prosecution for an offence under section
15.
(4) Any item or object seized under this section which is
found by the Court to have been used or involved with the
commission of an offence under section 15 or to have been
created or brought into existence as part of or as a consequence
of a person committing on offence under section 15 shall be
forfeited to the Independent State of Samoa and in all other
cases such item or object shall be made available by the
Commissioner of Police Service for collection by the person
28 2007 South Pacific Games Authority 2002, No. 20

from whom the item or object was seized and in the event that
no person claims such item or object within one month after any
court proceedings have been concluded or within one month
after determination by the Attorney General that no charge shall
be laid or prosecuted under section 15, whichever event applies,
such item or object shall be forfeited to the Independent State of
Samoa.

PART V
PROTECTION OF INTELLECTUAL PROPERTY

17. Intellectual Property Rights held by the Authority-
(1) Despite the provisions of any other law, the Authority holds
the intellectual property rights to the Games.
(2) The Authority may grant a licence or other right, in
writing, to a part or the whole of the intellectual property rights
held by the Authority to any person on such terms as the
Authority, in its absolute discretion, may determine.

18. Breach of Intellectual Property Rights-(1) Any person
who knowingly infringes the intellectual property rights of the
Authority commits an offence.
(2) Any person who knowingly aids or abets or counsels or
procures another person to commit an offence under subsection
(1) commits an offence.
(3) Any person convicted of an offence under subsections
(1) or (2) shall be liable a fine of up to 1000 penalty units or
imprisonment for one (1) year or both a fine and imprisonment.

19. Seizure of material produced in breach of the
Authority’s Intellectual Property Rights-(1) Despite the
provisions of any law, a police officer, acting on a written
request from the Authority, may seize any item or object or
other material where such item or object or other material is
believed on reasonable grounds to have been created or brought
into existence as part of or as a consequence of a person
committing an offence under section 18.
(2) Any item or object or material seized under this section
shall be held in safe keeping by the Commissioner of Police
2002, No. 20 2007 South Pacific Games Authority 29

Service and shall be disposed of in accordance with subsection
(4).
(3) Any item or object or material seized under this section
may be used in connection with the prosecution for an offence
under section 18.
(4) Any item or object or material seized under this section
which is found by the Court to have been created or brought
into existence as part of or as a consequence of a person
committing an offence under section 15 shall be forfeited to the
Independent State of Samoa and in all other cases such item or
object or material shall be made available by the Commissioner
of Police Service for collection by the person from whom the
item or object or material was seized and in the event that no
person claims such item or object or material within one month
after any court proceedings have been concluded or within one
month after determination by the Attorney General that no
charge shall be laid or prosecuted under section 18, whichever
event applies, such item or object or material shall be forfeited
to the Independent State of Samoa.

20. Protection from liability - A matter or thing done or
omitted by:
(a) The Authority, its servants or agents, or
(b) The Commissioner of Police Service, or
(c) Any police officer, or
(d) Any person acting in an official capacity in
connection with Parts IV and V of the Act,
does not subject the Authority, its servants and agents or any
person referred to in (b) or (c) or (d) to any action, liability,
claim or demand, if the matter or thing was done or omitted in
good faith for the purpose of executing Parts IV or V of the Act.


PART VI
MISCELLANEOUS
21. Power to delegate-(1) The Authority may delegate to
any person any function or power of the Authority, other than
this power of delegation.
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(2) A delegate may sub-delegate to any person any function
or power delegated by the Authority if the delegate is
authorized in writing to do so by the Authority.

22. Disclosure and misuse of information-(1) A person
must not disclose any information obtained in connection with
the administration or execution of this Act unless the disclosure
is made:
(a) With the consent of the person from whom the
information was obtained; or
(b) In connection with the administration or execution of
this Act; or
(c) For the purpose of any legal proceedings arising out
of this Act or of any report of any such
proceedings; or
(d) In accordance with a requirement of the Komesina o
Sulufaiga (Ombudsman) Act 1988 or the Public
Finance Management Act 2001; or
(e) With lawful excuse.
(2) Any person who breaches subsection (1) commits an
offence and upon conviction is liable to a penalty of up to 100
penalty units.
(3) A person must not use, either directly or indirectly,
commercial information acquired by the person in the
administration or execution of this Act for the purpose of
gaining either directly or indirectly any financial advantage for
the person, the person’s spouse or de facto partner, a relative of
the person or any other associate of the person.
(4) Any person who breaches subsection (3) commits an
offence and upon conviction is liable to a penalty of up to 1000
penalty units.
(5) For the purposes of subsection (3) commercial
information is information that is not generally known but if
generally known might reasonably be expected to affect the
market value of any land or to influence materially any contract
with or tender for a contract with the Authority.



2002, No. 20 2007 South Pacific Games Authority 31

23. Regulations-(1) The Head of State, acting on the advice
of Cabinet, may make regulations, not inconsistent with this
Act, for or with respect to any matter that by this Act is required
or permitted to be prescribed or that is necessary or convenient
to be prescribed for carrying out or giving effect to this Act
including, but not limited to, the prescribing of offences for
which the penalty may include a fine of up to 100 penalty units
or imprisonment for up to one (1) year or both a fine and
imprisonment.

24. Expiry of the Act - This Act shall expire on the 30th
June 2008.


SCHEDULE
(see section 2)

INTELLECTUAL PROPERTY RIGHTS

1. 2007 South Pacific Games
2. South Pacific Games 2007
3. 2007 Samoa – South Pacific Games
4. South Pacific Games – Samoa 2007
5. South Pacific Games
6. South Pacific Games – Samoa
7. Samoa – South Pacific Games


__________


The 2007 South Pacific Games Authority Act 2002 is
administered by the 2007 South Pacific Games Authority.