Samoa Broadcast Corporation Act


Published: 2003

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2003, No. 14

AN ACT to establish the Samoa Broadcasting Corporation
and for related purposes. [26th
June 2003]

BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:-
2003, No. 14 Samoa Broadcasting Corporation 15

1. Short title and commencement-(1) This Act may be
cited as the Samoa Broadcasting Corporation Act 2003.
(2) This Act shall come into force on the day nominated by
the Prime Minister.
(3) Notice of commencement of this Act shall be published
in Samoan and English in the Savali and one other newspaper
circulating in Samoa.

2. Interpretation - In this Act, unless the context otherwise
requires:
"Board" means the Board of Directors established under
section 7:
"Chief Executive Officer" means the Chief Executive
Officer established under section 10:
"Corporation" means the Samoa Broadcasting Corporation
established under section 3:
“Department of Broadcasting” means the Department of
Broadcasting established under section 3 of the
Broadcasting Ordinance 1959 and includes the Ministry
of Communications and Information Technology
established under the Ministerial and Departmental
Arrangements Act 2003:
"Director" means a Director of the Board;
"Government" means the Government of the Independent
State of Samoa:
"Responsible Minister" means the Minister responsible for
broadcasting from time to time:
"Samoa" means the Independent State of Samoa.

3. Samoa Broadcasting Corporation-(1) There is
established the Samoa Broadcasting Corporation.
(2) The Corporation is a body corporate with perpetual
succession and a common seal.
(3) The Corporation is capable of -
(a) Acquiring, holding and disposing of real and
personal property;
(b) Suing and being sued; and
16 Samoa Broadcasting Corporation 2003, No. 14

(c) Doing and suffering all such acts and things as
bodies corporate may lawfully do and suffer.

4. Common Seal - The Secretary of the Board shall have
custody of the Corporation's Common Seal, which shall only be
affixed to a document pursuant to a resolution of the Board by
the Chairperson or Deputy Chairperson or one other Director of
the Corporation appointed by the Board in the presence of a
Director of the Corporation who shall both by their signatures
attest the affixing of the seal.

5. Protection of the Corporation's name and certain
other names - Despite the provisions of any other law, no
person or other body shall use, incorporate or register under any
law or otherwise use a name:
(a) That is identical with the names Samoa Broadcasting
Corporation, Televise Samoa and Radio 2AP or
any television or radio broadcasting station
operated by the Corporation; or
(b) That is identical with the call sign of any television
or radio broadcasting station operated by the
Corporation; or
(c) That so resembles any name or call sign specified in
paragraphs (a) or (b) as to be misleading or
calculated to deceive.

6. Functions and Powers of the Corporation-(1) The
functions of the Corporation shall be -
(a) To take over and assume control and management of
Televise Samoa and Radio 2AP and any or all
real or personal property, assets, liabilities,
functions and duties of Televise Samoa and
Radio 2AP;
(b) To carry on, manage, control, develop, extend and
improve the operation of Televise Samoa and
Radio 2AP and such other television and radio
broadcasting services and media services
approved by Cabinet from time to time;
2003, No. 14 Samoa Broadcasting Corporation 17

(c) To undertake such other functions as may be
approved by Cabinet from time to time;
(d) To undertake any Community Service Obligations
in accordance with the provisions of the Public
Bodies (Performance and Accountability) Act
2001;
(e) To advise the Responsible Minister in respect of
matters relating to television and radio
broadcasting services and media services
provided by the Corporation;
(f) To exercise and perform such other functions, powers
and duties as are conferred or imposed on the
Corporation under any law.
(2) The Corporation shall have such powers, rights and
authority as may reasonably be necessary or expedient to carry
out its functions and without limiting the generality of this
subsection the Corporation may:
(a) Establish, install, erect, alter, reconstruct, operate and
maintain television and radio broadcasting
studios, transmitters, relay stations and any other
television or radio broadcasting facilities;
(b) Act in combination or association with any other
person or body whether incorporated or not, and
whether in Samoa or elsewhere, for carrying out
its functions or any of the purposes of this Act;
(c) Provide subscription broadcasting or other specialist
broadcasting or media services as may be
approved by Cabinet on such terms and
conditions as the Corporation determines;
(d) Commission, make or cause to be made programs
and productions for broadcasting by the
Corporation and/or other persons on such terms
and conditions as the Corporation determines;
and
(e) Set fees and charges for any services provided by
the Corporation.
18 Samoa Broadcasting Corporation 2003, No. 14

(3) In the exercise of its functions and powers the
Corporation shall have regard to the general policy of the
Government as communicated to the Board in writing by the
Responsible Minister.

7. Board of Directors-(1) The Corporation shall be
controlled by a Board of Directors.
(2) The Board of Directors shall consist of:
(a) A Chairperson; and
(b) A Deputy Chairperson; and
(c) 7 other Directors.
(3) The Chairperson, Deputy Chairperson and other
directors shall be appointed by the Head of State, acting on the
advice of Cabinet, for a term of up to three years and, subject to
law, are eligible for re-appointment.
(4) In selecting and appointing Directors the Head of State
and Cabinet shall comply with the requirements of the Public
Bodies (Performance and Accountability) Act 2001 and have
regard to the need:
(a) For the Board to have Directors with expertise and
experience in:
(i) business;
(ii) management;
(iii) broadcast media;
(iv) Faa-Samoa; and
(b) To include both women and men and persons from
the islands of Samoa.
(5) All Directors shall comply with the provisions of the
Public Bodies (Performance and Accountability) Act 2001.

8. Meetings of the Board-(1) Subject to subsection (4),
meetings of the Board shall be held at such times and at such
places as the Chairperson or, in the absence of the Chairperson,
the Deputy Chairperson shall determine from time to time.
(2) Every meeting of the Board shall be presided over by the
Chairperson or the Deputy Chairperson if the Chairperson is
absent.
2003, No. 14 Samoa Broadcasting Corporation 19

(3) In the absence of both the Chairperson and the Deputy
Chairperson the Directors shall elect one Director to act as
Chairperson.
(4) Notwithstanding subsection (1), the Deputy Chairperson
or two Directors may, at any time, convene a special meeting of
the Board by giving three days notice in writing to each
Director stating the business to be transacted at the meeting.
(5) At every meeting five Directors present in person shall
constitute a quorum.
(6) A question before the Board shall be resolved by a
simple majority of Directors present and voting.
(7) A resolution signed or assented to by letter, facsimile or
email, by each Director shall have the same effect as a
resolution passed at a Board meeting.
(8) The person chairing a Board meeting shall have a
casting as well as a deliberative vote.
(9) Subject to this Act the Board may regulate its
proceedings in such manner as it thinks fit.
(10) The Board shall appoint a suitable person employed by
the Corporation to act as secretary to the Board.
(11) The Board shall cause proper minutes of its meetings
to be kept, including the recording of the names of all directors
present and voting and all resolutions put to the Board.
(12) Board meeting minutes, if signed as confirmed by the
Director chairing the meeting, shall be received in evidence in
any Court without further proof and shall be accepted as
evidence of the truth of the matters contained in those minutes
unless the contrary is proved.

9. Delegation of Board Powers-(1) The Board may, either
generally or as otherwise provided by the instrument of
delegation under the Corporation's common seal, delegate to
any person any of its powers and the powers of the Corporation
under this Act.
(2) A power delegated under subsection (1) when exercised
by the delegate shall for all purposes be deemed to have been
exercised by the Corporation.
20 Samoa Broadcasting Corporation 2003, No. 14

(3) A delegation under this section does not prevent the
exercise of any power by the Board.
(4) A delegation under this section shall be revocable at the
will of the Board.

10. Chief Executive Officer-(1) The Head of State acting
on the advice of Cabinet shall from time to time appoint a Chief
Executive Officer.
(2) The Chief Executive Officer shall be appointed for a
period not exceeding 3 years on such terms parity with other
Chief Executive Officers as the Board determines.
(3) The Chief Executive Officer may from time to time be
reappointed.
(4) The Chief Executive Officer shall not engage in any
business or occupation.
(5) The Chief Executive Officer may delegate to any person
any of the Chief Executive Officer's powers with the Board’s
approval.

11. Relationship of Chief Executive Officer to the Board
- The Chief Executive Officer shall be responsible to the Board
for the efficient and effective control and management of the
Corporation.

12. Acting Chief Executive Officer-(1) Where there is no
Chief Executive Officer or the Chief Executive Officer is absent
or is unable to perform the functions and duties of Chief
Executive Officer for any reason the Board may appoint an
Acting Chief Executive Officer on terms and conditions as the
Board determines.
(2) A person appointed as Acting Chief Executive Officer
shall have the same powers as the Chief Executive Officer.

13. Staff-(1) The Corporation may employ such staff as it
thinks necessary for the efficient and effective performance of
the functions of the Corporation.
(2) Staff shall be responsible to and under the control of the
Chief Executive Officer.
2003, No. 14 Samoa Broadcasting Corporation 21

14. Transfer of Assets and Liabilities to the Corporation- (1) All assets, liabilities, rights, entitlements and legal
obligations of Televise Samoa Corporation, established under
section 3 of the Televise Samoa Corporation Act 1994, are
transferred to the Corporation.
(2) Such assets, liabilities, rights, entitlements and legal
obligations of the Department of Broadcasting as are concerned
with Radio 2AP as the Chief Executive Officer of the Ministry
of Finance may determine are transferred to the Corporation.
15. Transfer of Staff to the Corporation-(1) All staff
employed by Televise Samoa Corporation are transferred to the
Corporation.
(2) Such staff employed by the Department of Broadcasting
concerned with Radio 2AP as the Responsible Minister, after
consulting with the Public Service Commission, may determine
are transferred to the Corporation.
(3) All staff transferred to the Corporation shall be subject
to the same terms and conditions of employment as they were
entitled to as at the commencement of this Act until the Board
determines otherwise.
(4) Despite any other law, where staff of the Corporation
were employees of the Public Service as at the commencement
of this Act, the Corporation and the Public Service Commission
are authorized to enter into such arrangements as they consider
necessary to resolve any matters concerning:
(a) The rights and entitlements of such staff; and
(b) The liability and responsibility of the Corporation,
the Public Service Commission and the
Government to meet any rights and entitlements
which such staff may have.

16. Expenditure not to exceed income – Subject to the
requirements of the Public Bodies (Performance and
Accountability) Act 2001 and the Public Finance Management
Act 2001, the Corporation shall ensure that in each financial
year expenditure does not exceed income and that the
Corporation's profit and loss account does not have a deficit.
22 Samoa Broadcasting Corporation 2003, No. 14

17. Accounts, Audit and Annual Report-(1) The
Corporation shall keep full and current records and accounts in
accordance with the provisions of the Public Finance
Management Act 2001 and the Public Bodies (Performance and
Accountability) Act 2001.
(2) The Corporation shall prepare annual financial
statements which shall be prepared and audited in accordance
with the provisions of the Public Finance Management Act
2001 and the Public Bodies (Performance and Accountability)
Act 2001.
(3) The Corporation shall prepare and provide to the
Minister the annual financial statements, the audit report on
such statements and an annual report in accordance with the
provisions of the Public Finance Management Act 2001 and the
Public Bodies (Performance and Accountability) Act 2001.
(4) The Minister shall present to Parliament the annual
financial statements, the audit report on such statements and the
annual report in accordance with the provisions of the Public
Finance Management Act 2001 and the Public Bodies
(Performance and Accountability) Act 2001.

18. Secrecy - The Directors, the Chief Executive Officer
and all Corporation employees shall not communicate or reveal
to any person any matter which becomes known to them as a
Director or Chief Executive Officer or employee, except when
required to do so by this Act or by any other Act or except with
the approval of the Board or as required for the discharge of
their duties as a Director or Chief Executive Officer or
employee of the Corporation, as the case may be.

19. Regulations - The Head of State, acting on the advice of
Cabinet, may from time to time make such regulations as shall
be necessary for giving full effect to the provisions of this Act
and for its administration.
2003, No. 14 Samoa Broadcasting Corporation 23

20. Transitional-(1) Upon the commencement of this Act -
(a) All rights and liabilities accruing or accrued to the
Televise Samoa Corporation are vested in the
Corporation and may be enforced by or against
the Corporation accordingly;
(b) All rights and liabilities accruing or accrued to the
Department of Broadcasting and the Government
as are concerned with Radio 2AP and which are
transferred to the Corporation may be enforced
by or against the Corporation accordingly;
(c) All contracts, agreements, undertaking and securities
made by or given to or by the Televise Samoa
Corporation have effect as contracts, agreements
and undertaking by and with the Corporation and
may be enforced by or against the Corporation
accordingly;
(d) All contracts, agreements, undertaking and securities
made by or given to or by the Department of
Broadcasting and the Government as are
concerned with Radio 2AP and which are
transferred to the Corporation may be enforced
by or against the Corporation accordingly;
(e) All debts due and money payable by the Televise
Samoa Corporation and all claims, liquidated
and unliquidated, recoverable against the
Televise Samoa Corporation shall be debts due
and money payable by and claims recoverable
against the Corporation;
(f) All debts due and money payable by the Department
of Broadcasting and the Government as are
concerned with Radio 2AP and which are
transferred to the Corporation under this Act
shall be debts due and money payable by and
claims recoverable against the Corporation;
(g) All legal or other proceedings that might, but for this
section, have been commenced or continued by
or against the Televise Samoa Corporation may
be commenced or continued by or against the
Corporation;
24 Samoa Broadcasting Corporation 2003, No. 14

(h) All legal or other proceedings that might, but for this
section, have been commenced or continued by
or against the Department of Broadcasting and
the Government as are concerned with Radio
2AP and which are transferred to the Corporation
may be commenced or continued by or against
the Corporation;
(i) Any reference to the Televise Samoa Corporation in
any law, act of authority, instrument or
document shall be taken for all purposes as a
reference to the Corporation, unless the context
otherwise requires;
(j) Any reference to the Department of Broadcasting and
the Government in any law, act of authority,
instrument or document as concerns Radio 2AP
shall be taken for all purposes as a reference to
the Corporation, unless the context otherwise
requires.
(2) Despite the provisions of this Act and any law, where
this Act makes insufficient or no provision to ensure an
effective and complete transition from the Televise Samoa
Corporation and the Department of Broadcasting to the
Corporation, the Government, the Responsible Minister, the
Public Service Commission and the Corporation shall have the
power to take all measures and to do all things which they
determine necessary to ensure such transition and to give full
force and effect to this Act.

21. Repeal - The Televise Samoa Corporation Act 1994 is
repealed.



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