Composition of Boards of Public Bodies Act – 2012

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rangement of Provisions

1. Short title and commencement
2. Accident Compensation Act 1989
3. Agriculture Store Corporation Act 1975
4. Development Bank of Samoa Act 2010
5. Electric Power Corporation Act 1980
6. Fire and Emergency Service Act 2007
7. Land Transport Authority Act 2007
8. Life Assurance Corporation Act 1976
9. National Kidney Foundation of Samoa Act
2005
10. National Provident Fund Act 1972
11. National University of Samoa Act 2006
12. Ports Authority Act 1998 13. Public Trust Office Act
1975
14. Samoa Sports Facilities Authority Act 2007
15. Samoa Trust Estates Corporation Act 1977
16. Samoa Water Authority Act 2003
17. Scientific Research Organisation of Samoa Act
2008
18. Revocation of appointments
19. Repeal

__________

2012, No. 15

AN ACT to amend the composition of boards of public
bodies in various Acts of Parliament, and for related
purposes. [16th
March 2012]



2 Composition of Boards of Public Bodies 2012, No. 15

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 Composition of Boards of Public Bodies Act 2012
and shall be read together and form part of the respective Acts
that are amended by it.
(2) This Act commences on a date or dates to be nominated
by the Minister.

2. Accident Compensation Act 1989 - The Accident
Compensation Act 1989 is amended as follows:
(a) in section 2, by inserting after the definition of
“Injury” the following:

““Member” or “Member of the Corporation” means a
member of the board of the Corporation;”; and

(b) in section 4, for subsections (2) and (2A), substitute:

“(2) The board of the Corporation shall be comprised of
seven (7) members who shall be selected in accordance with
applicable law relating to the management of public bodies.
(2A) The members of the Corporation shall be appointed
by the Head of State, acting on the advice of Cabinet, and
may be removed from office by Cabinet.
(2B) One person appointed under subsection (2) shall be
a legal practitioner who is qualified to be a Judge of the
Supreme Court.
(2C) One person appointed under subsection (2) shall be
a registered medical practitioner.
(2D) Cabinet shall appoint one of the directors to be
Chairperson, and may appoint a Deputy Chairperson.
(2E) No person may be appointed or continue to hold
office as a member, while that person is a full-time officer or
employee of the Corporation.
(2F) Unless the board decides otherwise, the Chief
Executive Officer must attend all board meetings but shall
have no voting rights.”; and



2012, No. 15 Composition of Boards of Public Bodies 3

(c) in section 5 -
(i) in subsection (1), for “section 4(2)(f)”
substitute “section 4”; and
(ii) repeal subsection (3); and
(d) in section 6(3), for “5” substitute “four (4)”; and
(e) by repealing section 7(1) and (2).

3. Agriculture Store Corporation Act 1975 - The
Agriculture Store Corporation Act 1975 is amended as follows:
(a) in section 2 -
(i) the definition of “Appointed member”
is repealed; and
(ii) inserting after the definition of
“Corporation” the following:

““Member” or “member of the Corporation’ means a
member of the board of the Corporation;”; and

(b) in section 3, for subsection (2), substitute:

“(2) The board of the Corporation shall be comprised of
seven (7) members who shall be selected in accordance with
applicable law relating to the management of public bodies.
(2A) The members of the Corporation shall be appointed
by the Head of State, acting on the advice of Cabinet, and
may be removed from office by Cabinet.
(2B) Cabinet shall appoint one of the members to be
Chairperson, and may appoint a Deputy Chairperson.
(2C) A person who is a full-time salaried employee of the
Corporation may not be a member.
(2D) Unless the board decides otherwise, the Chief
Executive Officer must attend all board meetings but shall
have no voting rights.”; and

(c) in section 7(3), for “(5)’ substitute “four (4)”.

4. Development Bank of Samoa Act 2010 - The
Development Bank of Samoa Act 2010 is amended as follows:
(a) in section 3, for subsection (2) substitute:



4 Composition of Boards of Public Bodies 2012, No. 15

“(2) The Board of the Bank shall be comprised of not
more than seven (7) directors who shall be elected in
accordance with applicable law relating to the management
of public bodies except for the following:
(a) the Chief Executive Officer of the Ministry of
Finance who shall be an ex-officio director;
and
(b) a representative of a joint venture partner of the
Bank if appointed under section 9(4).
(2A) Other than the ex-officio director under subsection
(2)(a), directors of the Bank shall be appointed by the Head
of State, acting on the advice of Cabinet, and may be
removed from office by Cabinet.
(2B) The ex-officio director under subsection (2)(a) shall
not receive remuneration or other benefits from the Bank for
services as a director.
(2C) Cabinet shall appoint one of the directors to be
Chairperson, and may appoint a Deputy Chairperson.
(2D) Unless the Board decides otherwise, the Chief
Executive Officer must attend all Board meetings but shall
have no voting rights.”;

(b) in section 9 -
(i) subsections (1) (2) and (3) are
repealed; and
(ii) in subsection (5), for “subsection (1)”
substitute “section 3(2)”; and
(c) in section 12(3), for “six (6)” substitute “four (4)”.

5. Electric Power Corporation Act 1980 - The Electric
Power Corporation Act 1980 is amended as follows:
(a) in section 3, for the definition of “Director”
substitute:

““Director” or “director of the Corporation” means a
director of the board of the Corporation;”; and



2012, No. 15 Composition of Boards of Public Bodies 5

(b) in section 5, for subsection (1) substitute:

“(1) The board of the Corporation shall be comprised of
seven (7) directors who shall be selected in accordance with
applicable law relating to the management of public bodies.
(1A) The directors of the Corporation shall be appointed
by the Head of State, acting on the advice of Cabinet, and
may be removed from office by Cabinet.
(1B) Cabinet shall appoint one of the directors to be
Chairperson, and may appoint a Deputy Chairperson.
(1C) No person may be appointed or continue to hold
office as a director, while that person is a full-time salaried
officer or employee of the Corporation.
(1D) Unless the board decides otherwise, the General
Manager must attend all board meetings but shall have no
voting rights.”; and

(c) in section 7 -
(i) in subsection (1), for “at any time be
removed from office by the Head of State
acting on the advice of” substitute “be
removed by”; and
(ii) in subsection (4) for “5(1)(e)”
substitute “5(1)”; and
(d) section 8(1) and (2) are repealed.

6. Fire and Emergency Services Act 2007 - The Fire and
Emergency Services Act 2007 is amended as follows:
(a) in section 5, for subsection (1) substitute:

“(1) The Board shall be comprised of seven (7) directors
who shall be selected in accordance with applicable law
relating to the management of public bodies except for the
following who shall be ex-officio directors:
(a) the Commissioner of Police and Prisons; and
(b) the General Manager of Samoa Water Authority;
and
(c) the General Manager of Electric Power
Corporation.



6 Composition of Boards of Public Bodies 2012, No. 15

(1A) Other than the ex-officio director under subsection
(1)(a), the directors of the Board shall be appointed by the
Head of State, acting on the advice of Cabinet, and may be
removed from office by the Cabinet.
(1B) An ex-officio director under subsection (1) shall not
receive remuneration or other benefits from the Authority for
services as a director.
(1C) Cabinet shall appoint one of the directors to be
Chairperson, and may appoint a Deputy Chairperson.
(1D) No person may be appointed or continue to hold
office as a director, while that person is a full-time salaried
officer or employee of the Authority.
(1E) Unless the Board decides otherwise, the
Commissioner for Fire and Emergency Service must attend
all Board meetings but shall have no voting rights.”; and

(b) section 6(3) is repealed.

7. Land Transport Authority Act 2007 - The Land
Transport Authority Act 2007 is amended as follows:
(a) for section 2, inserting after the definition of “Board”
the following:

““Chief Executive Officer” means the Chief Executive
Officer of the Authority;”; and

(b) for section 8, substitute -

“8. The Board of Directors of the Authority-(1) The
Board shall be comprised of seven (7) directors who shall be
selected in accordance with applicable law relating to the
management of public bodies except for the Chief Executive
Officer who shall be an ex-officio director.
(2) Other than an ex-officio director, the directors of the
Board shall be appointed by the Head of State, acting on the
advice of Cabinet, for a period not exceeding three (3) years,
and may be removed from office by the Cabinet.



2012, No. 15 Composition of Boards of Public Bodies 7

(3) An ex-officio director shall not receive remuneration
or other benefits from the Authority for services as a
director.
(4) Cabinet shall appoint one of the directors to be
Chairperson, and may appoint a Deputy Chairperson.
(5) No person may be appointed or continue to hold
office as a director, while that person is a full-time salaried
officer or employee of the Authority.
(6) Unless the Board decides otherwise, the Chief
Executive Officer must attend all Board meetings but shall
have no voting rights.”; and

(c) in section 9, for subsection (1), substitute -

“(1) The Chairperson shall preside at all meetings of the
Board at which he or she is present and in his or her absence
from any meeting of the Board the Deputy Chairperson if
any, shall preside at the meeting and if there is no Deputy
Chairperson appointed, or the Deputy Chairperson is absent
from the meeting, the members shall appoint one of their
members to preside at the meeting.”; and

(d) in section 10, for “A director” substitute “Except for
the Chief Executive Officer, the directors”; and
(e) in section 11, for subsection (1), substitute -

“(1) The Cabinet may revoke the appointment of the
Chairperson of the Authority or of any director other than
the Chief Executive Officer, if the Cabinet is satisfied that
the Chairperson or any director:”.

8. Life Assurance Corporation Act 1976 - The Life
Assurance Corporation Act 1976 is amended as follows:
(a) in section 2 -
(i) omit the term and definition of
“Appointed member”; and
(ii) after the definition of “Imprest
account”, insert:



8 Composition of Boards of Public Bodies 2012, No. 15

““Member” or “member of the Corporation” means a
member of the board of the Corporation;”; and

(b) in section 3, for subsection (2) substitute:

“(2) The board of the Corporation shall be comprised of
five (5) members who shall be selected in accordance with
applicable law relating to the management of public bodies.
(2A) The members of the Corporation shall be appointed
by the Head of State, acting on the advice of Cabinet, and
may be removed from office by Cabinet.
(2B) Cabinet shall appoint one of the members to be
Chairperson, and may appoint a Deputy Chairperson.
(2C) No person may be appointed or continue to hold
office as a member, while that person is a full-time salaried
officer of the Corporation.
(2D) Unless the board decides otherwise, the Chief
Executive Officer must attend all board meetings but shall
have no voting rights.”.

9. National Kidney Foundation of Samoa Act 2005 -
Section 7 of the National Kidney Foundation of Samoa Act 2005
is amended as follows:
(a) for subsection (2) substitute:

“(2) Subject to subsection (13), the Board shall be
comprised of seven (7) directors who shall be selected in
accordance with applicable law relating to the management
of public bodies.
(2A) One person appointed under subsection (2) shall be
a registered medical practitioner.
(2B) The directors of the Foundation shall be appointed
by the Head of State acting on the advice of Cabinet.
(2C) If the registered medical practitioner appointed as a
director under subsection (2A) is a public servant, then that
person shall not be entitled to remuneration or benefits from
the Foundation for services as a director.
(2D) Cabinet shall appoint one of the directors to be
Chairperson, and may appoint a Deputy Chairperson.



2012, No. 15 Composition of Boards of Public Bodies 9

(2E) No person may be appointed or continue to hold
office as a director while that person is a full-time member
of staff of the Foundation.
(2F) Unless the Board decides otherwise, the Chief
Executive Officer must attend all Board meetings but shall
have no voting rights.”; and

(b) in subsections (3), (4) and (5), for “subsection (2)(c)”
substitute “subsection (2)”; and
(c) in subsection (9), for “six”, substitute “four (4)”.

10. National Provident Fund Act 1972 – Section 4(1) of
the National Provident Fund Act 1972 is omitted and substituted
with the following:

“4. Board of Directors - This section establishes the
Board of Directors of the Samoa National Provident Fund
consisting of:
(a) the Chief Executive Officer of the Ministry of
Finance who is to be Chairperson; and,
at least three (3) and no more than eight (8) from the
following:
(b) two (2) persons nominated by the Samoa
Chamber of Commerce and Industry
(Incorporated) and appointed by the Head of
State, acting on the advice of Cabinet, to
represent the employers of Samoa;
(c) a person nominated by the Public Service
Association of Samoa (Incorporated) and
appointed by the Head of State, acting on the
advice of Cabinet, to represent the public
servants of Samoa;
(d) a person appointed by the Head of State, acting
on the advice of Cabinet, to represent the
private-sector employees of Samoa;
(e) a person appointed by the Head of State, acting on
the advice of Cabinet, to represent the
interests of all the churches in Samoa;



10 Composition of Boards of Public Bodies 2012, No. 15

(f) a person appointed by the Head of State, acting on
the advice of Cabinet, to represent the
interests of farmers;
(g) a person nominated by the Samoan Association of
Manufacturers and Exporters (Incorporated)
and appointed by the Head of State, acting on
the advice of Cabinet, to represent the
interests of manufacturers; and
(h) such other persons appointed by the Head of
State, acting on the advice of Cabinet, as
Cabinet may nominate.”.

11. National University of Samoa Act 2006 – After section
14(1) of the National University of Samoa Act 2006 insert:

“(1A) Any Member of Parliament or public servant or
full-time salaried officer of the University appointed or re-
appointed as a member of the Council shall not be entitled to
remuneration or other benefits for services as a member of
the Council.”.

12. Ports Authority Act 1998 – The Ports Authority Act
1998 is amended as follows:
(a) in section 2, for the definition of “Member”
substitute:

““Member” or “member of the Authority” means a
member of the board of the Authority;”; and

(b) in section 5, for subsection (1) substitute:

“(1) The board of the Authority shall be comprised of
seven (7) members who shall be selected in accordance with
applicable law relating to the management of public bodies.
(1A) The members of the board of the Authority shall be
appointed by the Head of State, acting on the advice of
Cabinet, and may be removed from office by Cabinet.
(1B) Cabinet shall appoint one of the directors to be
Chairperson, and may appoint a Deputy Chairperson.



2012, No. 15 Composition of Boards of Public Bodies 11

(1C) No person may be appointed or continue to hold
office as a member, while that person is a full-time salaried
employee of the Authority.
(1D) Unless the board decides otherwise, the General
Manager must attend all board meetings but shall have no
voting rights.”; and

(c) in section 6 -
(i) in subsection (3), omit “The Head of
State, acting on the advice of”; and
(ii) in subsection (4), for “the Head of
State, acting on the advice of Cabinet,”
substitute “Cabinet”; and
(d) in section 7(a) omit “or of the Authority”.
(e) in section 11 -
(i) for subsections (2) and (6), after
“meeting of” insert “members of”; and
(ii) in subsection (4), for “three” substitute
“four (4)”; and
(f) in sections 12(1) and 14, for “Authority” substitute
“members of the Authority”; and
(g) in section 13, for “of the Authority” substitute “and
members”.

13. Public Trust Office Act 1975 - Section 9 of the Public
Trust Office Act 1975 is amended as follows:
(a) for subsection (2), substitute:

“(2) The Investment Board shall be comprised of five (5)
members who shall be selected in accordance with
applicable law relating to the management of public bodies.
(2A) The members of the Investment Board shall be
appointed by the Head of State, acting on the advice of
Cabinet, and may be removed from office by Cabinet.
(2B) Cabinet shall appoint one of the members to be
Chairperson, and may appoint a Deputy Chairperson.



12 Composition of Boards of Public Bodies 2012, No. 15

(2C) No person may be appointed or continue to hold
office as a member of the Investment Board, while that
person is a full-time salaried officer or employee of the
Public Trust Office.
(2D) Unless the Investment Board decides otherwise, the
Public Trustee must attend all Board meetings but shall have
no voting rights.”; and

(b) in subsection (5), for “5” substitute “three (3)”; and
(c) for subsection (6), substitute:

“(6) The Chairperson shall preside at all meetings of the
Board at which he or she is present and in his or her absence
from any meeting of the Board the Deputy Chairperson if
any, shall preside at the meeting and if there is no Deputy
Chairperson appointed, or the Deputy Chairperson is absent
from the meeting, the members shall appoint one of their
members to preside at the meeting.”; and

(d) by repealing subsection (8)(a).

14. Samoa Sports Facilities Authority Act 2007 - The
Samoa Sports Facility Authority Act 2008 is amended as
follows:
(a) in section 4 -
(i) subsection (1) is repealed; and
(ii) for subsection (2) substitute:

“(2) The Board of Directors shall be comprised of seven
(7) directors who shall be selected in accordance with
applicable law relating to the management of public bodies
except for the following:
(a) the Chief Executive Officer of the Ministry of
Education, Sports and Culture, who shall be
an ex-officio director; and
(b) a representative nominated by the National
Olympic Committee being the National
Federation Amateur Sports in Samoa
(SASNOC).



2012, No. 15 Composition of Boards of Public Bodies 13

(2A) Other than the ex-officio director under subsection
(2)(a), the directors of the Board shall be appointed by the
Head of State acting on the advice of Cabinet.
(2B) The ex-officio director under subsection (2)(a) shall
not receive remuneration or other benefits from the
Authority for services as a director.
(2C) Cabinet shall appoint one of the directors to be
Chairperson, and may appoint a Deputy Chairperson.
(2D) No person may be appointed or continue to hold
office as a director, while that person is a full-time salaried
officer or employee of the Board.
(2E) Unless the Board decides otherwise, the Chief
Executive Officer must attend all Board meetings but shall
have no voting rights.”; and

(b) by repealing section 5; and
(c) in section 8(3)(a), for “at least six (6)” substitute
“four (4)”.

15. Samoa Trust Estates Corporation Act 1977 –The
Samoa Trust Estates Corporation Act 1977 is amended as
follows:
(a) in section 3, for subsection (2) substitute:

“(2) The Board of the Corporation shall be comprised of
seven (7) directors who shall be selected in accordance with
applicable law relating to the management of public bodies.
(2A) Cabinet shall appoint one of the directors to be
Chairperson, and may appoint a Deputy Chairperson.
(2B) No person may be appointed or continue to hold
office as a director, while that person is a full-time salaried
officer or employee of the Corporation.
(2C) Unless the Board decides otherwise, the General
Manager must attend all Board meetings but shall have no
voting rights.”; and

(b) in section 5 -
(i) for subsection (1), substitute:



14 Composition of Boards of Public Bodies 2012, No. 15

“(1) The directors shall be appointed by the Head of State,
acting on the advice of Cabinet, and may be removed from
office by Cabinet.”; and

(ii) repeal subsection (2); and
(c) section 6(1) and (2) and section 8 are repealed.

16. Samoa Water Authority Act 2003 - Section 4 of the
Samoa Water Authority Act 2003 is amended as follows:
(a) for subsection (1) substitute:

“(1) The Board of the Authority shall be comprised of
seven (7) directors who shall be selected in accordance with
applicable law relating to the management of public bodies.
(1A) The directors of the Authority shall be appointed by
the Head of State, acting on the advice of Cabinet, and may
be removed from office by Cabinet.
(1B) Cabinet shall appoint one of the directors to be
Chairperson, and may appoint a Deputy Chairperson.
(1C) No person may be appointed or continue to hold
office as a director, while that person is holding a full-time
office or is an officer, of the Authority.
(1D) Unless the Board decides otherwise, the Managing
Director must attend all Board meetings but shall have no
voting rights.”; and

(b) subsections (2), (4), (5) and (7)(b) and (d) are
repealed.

17. Scientific Research Organisation of Samoa Act 2008 -
The Scientific Research Organisation of Samoa Act 2008 is
amended as follows:
(a) in section 2 -
(i) the definition of “ex officio member”
is repealed; and
(ii) in the definition of “member”, omit
“and the Chief Executive Officer”; and



2012, No. 15 Composition of Boards of Public Bodies 15

(b) in section 8 -
(i) for subsection (2), substitute:

“(2) Subject to subsection (1), the Board shall be
comprised of seven (7) directors who shall be selected in
accordance with applicable law relating to the management
of public bodies.
(2A) The directors of the Organisation shall be appointed
by the Head of State, acting on the advice of Cabinet, and
may be removed from office by Cabinet.
(2B) Cabinet shall appoint one of the directors to be
Chairperson, and may appoint a Deputy Chairperson.
(2C) No person may be appointed or continue to hold
office as a director, while that person is a full-time salaried
officer of the Organisation.
(2D) Unless the Board decides otherwise, the Chief
Executive Officer must attend all Board meetings but shall
have no voting rights.”; and

(ii) in subsection (3) for “subsection (2)(c)
the Minister and” substitute “subsections (2)
and (2A) the Head of State and”; and
(iii) in subsections (4) and (5), for
“subsection (2)(c)” substitute “subsections (2)
and (2A)”; and
(c) for subsection (9), substitute:

“(9) At every meeting four (4) members of the Board
shall constitute a quorum.”.

18. Revocation of appointments - All appointments to the
following, held immediately prior to the commencement of this
Act, are revoked:
(a) Accident Compensation Corporation; and
(b) Agricultural Store Corporation; and
(c) Board of the Airport Authority; and
(d) Board of the Development Bank of Samoa; and
(e) Electric Power Corporation; and



16 Composition of Boards of Public Bodies 2012, No. 15

(f) Board of Directors of the Samoan Fire and
Emergency Service Authority; and
(g) Board of the Samoa Housing Corporation; and
(h) Board of Directors of the Land Transport Authority;
and
(i) Samoa Life Assurance Corporation; and
(j) Board of the National Health Service; and
(k) Board of Directors for the National Kidney
Foundation; and
(l) Board of Directors of the Samoa National Provident
Fund; and
(m) Board of Directors of the Samoa Tourism Authority;
and
(n) Ports Authority; and
(o) Public Trust Office Investment Board; and
(p) Board of Directors of the Samoa Sports Facilities
Authority; and
(q) Board of the Samoa Qualifications Authority;
(r) Board of Directors of the Samoa Trust Estates
Corporation; and
(s) Board of Directors of the Samoa Water Authority;
and
(t) Board of Directors for the Scientific Research
Organisation of Samoa.

19. Repeal - Clause 38, 38.1 and 38.2 of Schedule 7 to the
Public Bodies (Performance and Accountability) Act 2001 is
repealed.

__________
The Composition of Boards of Public Bodies Act 2012
is administered by the Ministry of Finance.

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