2003, No. 3

AN ACT to provide for Ministerial portfolios and Departmental arrangements and for related purposes.
[29 January 2003]

BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:-
2003, No. 3 Ministerial and Departmental 9
Arrangements

1. Short title and commencement–(1) This Act may be
cited as the Ministerial and Departmental Arrangements Act
2003.
(2) This Act shall come into force, in whole or part, on a
date or dates nominated by the Prime Minister.
(3) Notice of commencement of the Act, or parts of the Act,
shall be published in Samoan and English in the Savali and one
other newspaper circulating in Samoa.
(4) As part of the procedure for the commencement of this
Act the Prime Minister may, from time to time by notice,
determine:
(a) That one or more of the Ministries and Departments
existing at the date of the commencement of this
Act be subject to this Act; and
(b) That one or more Ministries in the Schedule shall
commence in accordance with the provisions of
this Act,
and the provisions of this Act shall be interpreted and applied,
with such amendments and adjustments as necessary, to allow
for a transition in stages from such Ministries and Departments
existing at the date of the commencement of this Act to the
Ministries in the Schedule as the Prime Minister so determines.

2. Interpretation – In this Act unless the context otherwise
requires:
“Head of Department” and “Permanent Head” for the
purposes of section 9 includes Secretary, Director,
Director- General, Commissioner and any other title
or term used to name or describe a Head of
Department.

3. Application of Act–(1) Except so far as the contrary
intention appears, this Act applies to all Acts, including this
Act.
(2) This Act shall bind the Government.

4. Ministries–(1) There shall be the Ministries designated
in the Schedule.
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(2) Each Ministry shall be a Department of the Government.
(3) Save for the Ministries in the Schedule there shall be no
other Ministries or Departments and, despite the provisions of
any other law, all other Ministries and Departments, howsoever
called, are abolished.
(4) Where the Schedule is amended under section 6, the
amendment shall have the effect of abolishing any Ministry or
Department deleted from the Schedule.

5. Chief Executive Officers–(1) Subject to subsection 3,
each Ministry shall have a Head of Department who shall be
called the Chief Executive Officer.
(2) Save for the Chief Executive Officers of the Ministries
listed in the Schedule, there shall be no other Heads of
Departments or Permanent Heads and, despite the provisions of
any other law, the positions of all other Heads of Departments
and Permanent Heads, howsoever called, are abolished.
(3)(a) The Chief Executive Officer of the Ministry
responsible for Police (howsoever the Ministry is
called) may also be called the Commissioner of
Police;
(b) The Chief Executive Officer of the Ministry
responsible for Customs (howsoever the
Ministry is called) may also be called the
Comptroller of Customs; and
(c) The Chief Executive Officer of the Ministry
responsible for Inland Revenue (howsoever the
Ministry is called) may also be called the
Commissioner for Inland Revenue.

6. Amendment of Schedule–(1) The Schedule may be
amended from time to time by Order of the Head of State acting
on the advice of the Prime Minister.
(2) Notice of any order made under subsection (1) shall be
published in Samoan and English in the Savali and one other
newspaper circulating in Samoa.

2003, No. 3 Ministerial and Departmental 11
Arrangements

7. Assignment of responsibilities to Ministers–(1) The
Prime Minister may, by direction in writing under his hand -
(a) Charge any Minister with the responsibility for any
department or subject; and
(b) Revoke or vary any direction given under the
provisions of this clause.
(2) The Prime Minister may retain in his charge any
department or subject.

8. References to Ministers of abolished Ministries and
Departments – A reference in any Act, Ordinance, Regulation,
Rule, Proclamation, Order, Notice, Bylaw or other act of
authority to a Minister of a Ministry or Department abolished
under this Act or by operation of an amendment to the Schedule
shall be read for all purposes as referring to the Minister
assigned responsibility for the activities or functions of the
abolished Ministry or Department.

9. References to Heads of Departments of abolished
Ministries and Departments – A reference in any Act,
Ordinance, Regulation, Rule, Proclamation, Order, Notice,
Bylaw or other act of authority to a Head of Department or
Permanent Head (howsoever called) of a Ministry or
Department abolished under this Act or by operation of an
amendment to the Schedule shall be read for all purposes as
referring to the Chief Executive Officer of such Ministry listed
in the Schedule which has responsibility for the activities or
functions of the abolished Ministry or Department.

10. Order clarifying Ministerial and Chief Executive
Officer responsibilities-(1) Where there is uncertainty or doubt
as to which Ministry listed in the Schedule has responsibility for
the activities or functions of an abolished Ministry or
Department, the Head of State, acting on the advice of the
Prime Minister, may make such Order as is deemed necessary
to assign such responsibility.
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(2) For all purposes an Order made under this section shall
be regarded as final and conclusive and no Court or person shall
have cause to inquire into or question such Order.

11. Saving – The abolition of any Ministry or Department
or the office of any Head of Department or Permanent Head by
this Act or by operation of an amendment of the Schedule shall
not -
(a) Affect the previous operation of any Ministry or
Department so abolished or any Act affected by
any such abolition or anything duly done or
suffered by any such Ministry or Department
under any Act so affected;
(b) Affect any right, privilege, obligation or liability
acquired, accrued or incurred by such Ministry
or Department, under any Act so affected;
(c) Affect any penalty, forfeiture or punishment incurred
in respect of any offence committed against any
Act so affected; or
(d) Affect any investigation, legal proceeding or remedy
in respect of any such right, privilege, obligation,
liability, penalty, forfeiture or punishment under
any Act so affected.

12. Special Posts – The First Schedule of the Public Service
(Special Posts) Act 1989 is amended by deleting the list of
positions in the schedule and substituting the following:
“Chief Executive Officer, Ministry of the Prime Minister
Chief Executive Officer, Ministry of Finance
Chief Executive Officer, Ministry of Agriculture
Chief Executive Officer, Ministry of Commerce,
Industry and Labour
Chief Executive Officer, Ministry of Communications
and Information Technology
Chief Executive Officer, Ministry of Education, Sports
and Culture
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Chief Executive Officer, Ministry of Foreign Affairs and
Trade
Chief Executive Officer, Ministry of Health
Chief Executive Officer, Ministry of Justice and Courts
Administration
Chief Executive Officer, Ministry of Natural Resources
and Environment
Chief Executive Officer, Ministry of Police, Prison and
Fire Service
Chief Executive Officer, Ministry for Revenue
Chief Executive Officer, Ministry of Works, Transport
and Infrastructure
Chief Executive Officer, Ministry of Women,
Community and Social Development
The Public Trustee
The Secretary, Public Service Commission”

13. Repeal of Ministerial Portfolios Act 1976 – The
Ministerial Portfolios Act 1976 is repealed.


SCHEDULE

MINISTRIES (Section 3)

1. Ministry of the Prime Minister 2. Ministry of Finance 3. Ministry of Agriculture 4. Ministry of Commerce, Industry and Labour 5. Ministry of Communications and Information
Technology
6. Ministry of Education, Sports and Culture 7. Ministry of Foreign Affairs and Trade 8. Ministry of Health 9. Ministry of Justice and Courts Administration 10. Ministry of Natural Resources and Environment
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Arrangements

11. Ministry of Police, Prison and Fire Service 12. Ministry for Revenue 13. Ministry of Works, Transport and Infrastructure 14. Ministry of Women, Community and Social
Development





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The Act is administered in the Ministry of the Prime Minister


















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