Land (Amendment) Act 2013

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Land (Amendment) Bill 2013


Act No. 1 of 2013







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LAND (AMENDMENT) ACT 2013

Land (Amendment) Act 2013 Arrangement of Sections





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LAND (AMENDMENT) ACT 2013

Arrangement of Sections

Section

1 Short title.......................................................................................................... 4
2 Sections 30, 37, 38(1), 40 and 41 amended ..................................................... 4
3 Section 37 further amended ............................................................................. 5
4 Section 38 further amended ............................................................................. 5
5 Section 41(h) amended .................................................................................... 6







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LAND (AMENDMENT) ACT 2013

Act No. 1 of 2013

AN ACT TO AMEND THE LAND ACT TO PROVIDE DIFFERENTLY

FOR CERTAIN EFFECTS OF CONVICTIONS OF NOBLES

I assent,

TUPOU VI,

23
rd

April 2013.



BE IT ENACTED by the King and Legislative Assembly of Tonga in the Legislature

of the Kingdom as follows:

______________________________________________________________________

1 Short title

This Act may be cited as the Land (Amendment) Act 2013.

2 Sections 30, 37, 38(1), 40 and 41 amended

(1) In the English version only sections 30, 37, 38(1), 40(1) and 41(b) of

the Land Act are amended by repealing “convicted of an indictable

offence” and replacing those words with “convicted of a criminal

offence and sentenced to imprisonment for more than two years”.

(2) In the Tongan version only:

Land (Amendment) Act 2013





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(a) section 30 of the Land Act is amended by repealing “mo‟ua

„i ha hiamatea” and replacing those words with “fakahalaia‟i

ki he hia pea tautea ke nofo popula „o laka hake „i he ta‟u „e

ua”;

(b) section 37 of the Land Act is amended by repealing “mo‟ua

ha ma‟u tofi‟a tukufakaholo „i ha hiamatea” and replacing

those words with “fakahalaia‟i ha ma‟u tofi‟a tukufakaholo ki

ke hia pea tautea ke nofo popula „o laka hake „i he ta‟u „e

ua”;

(c) section 38(1) of the Land Act is amended by repealing

“mo‟ua ai „i he hiamatea” and replacing those words with

“fakahalaia‟i ki he hia pea tautea ke nofo popula „o laka hake

„i he ta‟u „e ua”;

(d) section 40 of the Land Act is amended by repealing “mo‟ua

„i ha hiamatea” and replacing those words with “fakahalaia‟i

ki he hia pea tautea ke nofo popula „o laka hake „i he ta‟u „e

ua”; and

(e) section 41 of the Land Act is amended by repealing “mo‟ua

„i he hiamatea” and replacing those words with “fakahalaia‟i

ki he hia pea tautea ke nofo popula „o laka hake „i he ta‟u „e

ua”.

3 Section 37 further amended

Section 37 of the Land Act is further amended by inserting the following Proviso

at the end –

“Provided that the operation of this section and sections 30, 38(1), 40, and 41(b)

and (h) shall be suspended in any case until the expiration of 42 days after the

date of sentencing; and in cases where notice of appeal or leave to appeal is

given within 42 days after the date of sentencing, until the determination of the

appeal; and if the conviction is quashed on appeal or the sentence reduced to no

more than 2 years imprisonment then the relevant provisions of those sections

shall not have effect.”.

4 Section 38 further amended

Section 38(1) of the Land Act is further amended by repealing “a conviction of

an indictable offence” and replacing those words with “being convicted of a

criminal offence and sentenced to imprisonment for more than two years”.

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5 Section 41(h) amended

Section 41(h) of the Land Act is amended by repealing “conviction for an

indictable offence” and replacing those words with “conviction of a criminal

offence and sentenced to imprisonment for more than two years”.





Passed by the Legislative Assembly this 11
th
day of March 2013.