Miscellaneous Amendments (Name of Government Ministries) Act 2012
Act No. 5 of 2012
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MISCELLANEOUS AMENDMENTS (NAME
OF GOVERNMENT MINISTRIES) ACT
2012
Miscellaneous Amendments (Name of
Government Ministries) Act 2012 Arrangement of Sections
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Act No. 5 of 2012 Page 3
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MISCELLANEOUS AMENDMENTS (NAME OF
GOVERNMENT MINISTRIES) ACT 2012
Arrangement of Sections
Section
1 Short Title .............................................................................................................. 5
2 Schedule 1 - Acts amended .................................................................................... 5
SCHEDULE 6
Miscellaneous Amendments (Name of Government
Ministries) Act 2012 Section 1
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Act No. 5 of 2012 Page 5
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MISCELLANEOUS AMENDMENTS (NAME OF
GOVERNMENT MINISTRIES) ACT 2012
Act No. 5 of 2012
AN ACT TO AMEND THE NAME OF GOVERNMENT MINISTRIES IN
VARIOUS ACTS
I assent,
GEORGE TUPOU VI,
20
th
July 2012.
BE IT ENACTED by the King and the Legislative Assembly of Tonga in the Legislature
of the Kingdom as follows:
1 Short Title
This Act may be cited as the Miscellaneous Amendments (Name of Government
Ministries) Act 2012.
2 Schedule 1 - Acts amended
The various Acts listed in column 1 of the Schedule shall be amended as set out in
the relevant entry in column 2 of the Schedule.
Passed by the Legislative Assembly on this 25
th
day of June 2012.
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Column 1
Act
Column 2
How amended
Ministry of Agriculture, Food, Forests and Fisheries
Markets Act In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
agriculture”.
Aquaculture Management Act In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
fisheries”.
In section 2, replace the word “Secretary” and its definition
with ““Chief Executive Officer” means the Government
chief executive officer responsible for fisheries”.
Throughout the Act, replace “Secretary” with “Chief
Executive Officer”.
Fisheries Management Act In section 2, replace the word “Secretary” and its definition
with ““Chief Executive Officer” means the Government
chief executive officer responsible for fisheries”.
Agricultural Commodities Export
Act
In section 2, delete the definition of “Director”.
In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
agriculture”.
In section 2, where appropriate insert the definition of
““Chief Executive Officer” means the Government chief
executive officer responsible for agriculture”.
Throughout the Act, replace “Director” with “Chief
Executive Officer”.
Forests Act In section 2, in the definition of “forest produce”, delete the
words “of Forests”.
In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
forests”.
In section 2, replace the definition of “Ministry” with
““Ministry” means the Ministry responsible for forests”.
In section 2, replace the word “Secretary” and its definition
with ““Chief Executive Officer” means the Government
chief executive officer responsible for forests”.
Throughout the Act, replace “Secretary” with “Chief
Executive Officer”.
Noxious Weeds Act In section 2, in the definition of “noxious weed”, delete the
words “of Forests”.
In section 2, insert the definition of ““Minister” means the
Minister responsible for forests”.
In section 3, delete the words “of Forests”.
Pesticides Act In section 2 delete the definition of “Director”
In section 2, where appropriate insert a definition of “
“Chief Executive Officer” means the Government chief
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executive officer responsible for agriculture”
In section 2, replace the definition of “Minister” with
““Minister” means the Minister responsible for
agriculture”.
Throughout the Act, replace “Director” with “Chief
Executive Officer”.
Plant Quarantine Act In section 2, delete the definition of “Director”.
In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
agriculture”.
In section 2, where appropriate insert the definition of
““Chief Executive Officer” means the Government chief
executive officer responsible for agriculture”.
Throughout the Act, replace “Director” with “Chief
Executive Officer”.
Throughout the Act, replace the word “Secretary for Marine
and Ports” with “Chief Executive Officer”.
Rhinoceros Beetle Act In section 2, replace “Prime Minister” with “Minister
responsible for agriculture”
In the proviso to section 4(1), replace “Director of
Agriculture, Forests and Fisheries” with “Chief Executive
Officer responsible for agriculture”.
Ministry of Commerce, Tourism and Labour
Business Licences Act In section 3, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
commerce”.
In section 3, replace the word “Ministry” and its definition
with ““Ministry” means the Ministry responsible for
commerce”.
In section 3, replace the word “Secretary” and its definition
with ““Chief Executive Officer” means the Government
chief executive officer responsible for commerce”.
Throughout the Act, replace “Secretary” with “Chief
Executive Officer”.
Charitable Trusts Act In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
commerce”.
Companies Act In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
commerce”.
Consumer Protection Act In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
commerce”.
Cooperative Societies Act In section 3, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
commerce”.
Copyright Act In section 34, delete the word “copyright” and replace it
with “commerce”.
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Credit Unions Act In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
commerce”.
Foreign Investment Act In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
commerce”.
In section 2, replace the word “Ministry” and its definition
with ““Ministry” means the Ministry responsible for
commerce”.
In section 2, replace the word “Secretary” and its definition
with ““Chief Executive Officer” means the Government
chief executive officer responsible for commerce”.
Throughout the Act, replace “Secretary” with “Chief
Executive Officer”.
Incorporated Societies Act In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
commerce”.
Industrial Property Act In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
commerce”.
Metrication Act In section 5, delete the words “of Labour, Commerce and
Industries”.
Personal Property Securities Act In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
commerce;
In section 2, replace the word “Ministry” and its definition
with ““Ministry” means the Ministry responsible for
commerce”.
Protection of Geographical
Indications Act
In section 3, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
commerce”.
Protection of Layout Designs
(Topographies) of Integrated Circuits
Act
In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
commerce”.
Registration of Business Names Act In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
commerce”.
Tonga Trade and Investment Board
Act
In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
commerce”.
Tourist Act In section 2, delete the word “Director” and its definition
and replace it with ““Chief Executive Officer” means the
Government chief executive officer responsible for
tourism”.
In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
tourism”.
In sections 4(1)(c), 4(2) and 27, replace “Director” with
“Chief Executive Officer”.
Trade Unions Act In section 2, insert a definition of ““Minister” means the
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Minister responsible for commerce”.
In section 6, replace “Prime Minister” with “Minister”.
In section 16, replace “Prime Minister” wherever they
appear with “Minister”.
Weights and Measures Act In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
commerce”.
Whale Watching and Swimming Act In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
tourism”.
In section 2, replace the word “Ministry” and its definition
with ““Ministry” means the Ministry responsible for
tourism”.
Ministry of Education and Training
Education Act In section 2, delete the definition of “Director”.
In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
education and training”.
In section 2, replace the word “Ministry” and its definition
with “Ministry” means the Ministry responsible for
education and training”.
In section 2, insert where appropriate the definition “Chief
Executive Officer” means the Government chief executive
officer responsible for education and training”.
In section 11(1), replace “Director of Education” with
“Chief Executive Officer”.
Throughout the Act, replace “Director” with “Chief
Executive Officer”.
Tonga National Qualifications and
Accreditation Board Act
In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
education and training”.
In section 6(e), replace “Director of Health” with “Chief
Executive Officer for Health”
Ministry of Finance and National Planning
Asian Development Bank Act In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
finance”.
Bretton Woods Agreements Act In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
finance”.
National Reserve Bank of Tonga Act In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
finance”.
National Retirement Benefits
Scheme Act
In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
finance”.
Public Finance Management Act In section 2, replace the word of “Minister” and its
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definition with ““Minister” means the Minister responsible
for finance”.
In section 2, replace the word “Secretary of a Ministry” and
its definition with ““Chief Executive Officer” means the
Government chief executive responsible for a Ministry.
Throughout the Act, replace “Secretary of a Ministry” with
“Chief Executive Officer”.
Remuneration Authority Act In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
finance”.
In section 2, replace the word “Ministry” and its definition
with ““Ministry” means the Ministry responsible for
finance”.
Tonga Development Bank Act In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
finance”.
Ministry of Health
Health Practitioners Review Act In section 5(a), replace “Director of Health” with “Chief
“Executive Officer for Health”
Health Services Act In section 8, replace the marginal note with “Chief
Executive Officer for Health”, and throughout the section,
replace “Director” with “Chief Executive Officer”.
Medical and Dental Practice Act In section 25, replace “Director of Health” with “Chief
Executive Officer for Health”.
Mental Health Act In section 118 and 122:
(a) in the English version only, replace “Director of Health”
with “Chief Executive Officer for Health”;
(b) in the Tongan version only, replace “Talekita ‘o e
Mo’ui” and “Talekita Mo’ui” with “ “Ofisa Pule Ngaue ki
he Mo’ui”.
Nurses Act In section 25, replace “Director of Health” with “Chief
Executive Officer for Health”.
Pharmacy Act In section 25, replace “Director of Health” with “Chief
Executive Officer for Health”.
Public Health Act In section 2 delete the definition of “director”.
In section 2, where appropriate insert the definition ““Chief
Executive Officer” means the Government chief executive
officer responsible for health.
Throughout the Act, replace “Director of Health” with
“Chief Executive Officer for Health”, and replace
“Director” with “Chief Executive Officer”.
Therapeutic Goods Act Throughout the Act, replace “Director of Health” with
“Chief Executive Officer for Health”, and replace
“Director” with “Chief Executive Officer”.
Vaccinations Act Throughout the Act, replace “Prime Minister” with
“Minister of Health”, and replace “Director of Health” with
“Chief Executive Officer for Health”
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Ministry of Infrastructure
Aircraft Offences Act In section 2, insert the definition ““Minister” means the
“Minister” responsible for civil aviation”.
Building Control and Standards Act In section 2, replace “Ministry of Works” in the definition
of “Division” with the words “Ministry responsible for
works”
In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
works”.
Civil Aviation Act In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
transport”.
In section 2, replace the word “Ministry” and its definition
with ““Ministry” means the Ministry responsible for
transport”.
In section 3, replace the marginal note with “Minister
responsible for civil aviation”, and in the section delete the
words “for Transport”.
Dock Regulation Act In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
marine and ports”.
Emergency Fund Act In section 2, replace the word “Minister” and it definition
with ““Minister” means the Minister responsible for
finance”.
Emergency Management Act In section 2, replace the word “Director” and its definition
with ““Chief Executive Officer” means the Government
chief executive officer responsible for works”.
Throughout the Act, replace “Director” with “Chief
Executive Officer”.
Harbours Act In section 1A, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
marine and ports”.
Marine Pollution Prevention Act In section 2, replace the word “Administration” and its
definition with ““Administration” means the Ministry
responsible for maritime transport”.
In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
marine and ports”.
In section 2, replace the word “Secretary” and its definition
with ““Chief Executive Officer” means the Government
chief executive officer responsible for marine and ports.”
Throughout the Act, replace “Secretary” with “Chief
Executive Officer”.
Petroleum Act In section 2, replace the word “Minister” and its definition
with ‘“Minister” means the Minister responsible for
transport”.
Ports Authority Act In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
marine and ports”.
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In section 2, replace the word “Ministry” and its definition
with ““Ministry” means the Ministry responsible for
marine and ports”.
In section 2, replace the word “Secretary” and its definition
with ““Chief Executive Officer” means the Government
chief executive officer responsible for marine and ports”.
Throughout the Act, replace “Secretary” with “Chief
Executive Officer”.
Ports Management Act In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
marine and ports”.
In section 2, replace the word “Secretary” and its definition
with ““Chief Executive Officer” means the Government
chief executive officer responsible for marine and ports”.
Throughout the Act, replace “Secretary” with “Chief
Executive Officer”.
Shipping Act In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
transport”.
In section 2, replace the word “Ministry” and its definition
with ““Ministry” means the Ministry responsible for
transport”.
Transport Services Act In section 2, replace the word “Minister” and its definition
with ‘“Minister” means the Minister responsible for
transport;”
In section 2, replace the word “Ministry” and its definition
with ““Ministry” means the Ministry responsible for
transport;”
In section 2, replace the word “Secretary” and its definition
with ““Chief Executive Officer” means the Government
chief executive officer responsible for transport”
In section 3, replace the marginal note with “Minister
responsible for transport”, and in the section replace
“Minister for Transport” with “Minister responsible for
transport”.
In section 4, replace the marginal note with “Ministry
responsible for transport”, and in the section replace
“Ministry of Transport” with “Ministry responsible for
transport”
In section 7, replace the marginal note with “Chief
Executive Officer”, and in the section replace “Secretary
for Transport” with “Chief Executive Officer”.
Throughout the Act, replace “Secretary” with “Chief
Executive Officer”.
Wharves Act In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
marine and ports”.
Ministry of Internal Affairs
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District and Town Officers Act Throughout the Act, wherever “Prime Minister” appears,
replace it with “Minister responsible for internal affairs”
Fonos Act In section 14 and 15, replace “Prime Minister” with
“Minister responsible for internal affairs”
Town Regulations Act In section 10, replace “Minister of Police” wherever it
appears with “Minister responsible for internal affairs”.
In the Schedule, replace “Superintendent of Police” with
“Chief Executive Officer of the Ministry of Internal
Affairs”.
Ministry of Lands, Environment, Climate Change and Natural Resources
Biosafety Act In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
environment”.
In section 2, replace the word “Ministry” and its definition
with ““Ministry” means the Ministry responsible for the
environment”.
In section 2, replace the word “Secretary” and its definition
with ““Chief Executive Officer” means the Government
chief executive officer who is responsible for the
environment”.
In section 5(2), replace paragraph “(c)” with “(c) the
Ministry responsible for commerce”, and replace paragraph
(d) with “(d) the Customs Division of the Ministry
responsible for revenue”.
Throughout the Act, replace “Secretary” with “Chief
Executive Officer”.
Birds Preservation Act In section 2, insert a definition ““Minister” means the
Minister responsible for environment”.
Throughout the Act, wherever “Prime Minister” appears,
replace it with “Minister”.
In section 3, replace “Minister of Agriculture and Forests”
with “Minister responsible for forests”.
Environmental Impact Assessment
Act
In section 2, delete the definition of “Director”
In section 2, delete the definition of “Department”
In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for the
environment”.
In section 2, insert a definition of ““Ministry” means the
Ministry responsible for the environment”.
In section 2, insert where appropriate a definition of
““Chief Executive Officer” means the Government chief
executive officer responsible for the environment”.
In section 5, replace “Director” with “Chief Executive
Officer”.
In section 13(1)(a), replace “Director of Environment” with
“Chief Executive Officer”.
In section 13(1)(c) replace “Director of Health” with “Chief
Executive Officer for Health”.
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In section 13(1)(d) replace “Director of Planning” with
“Chief Executive Officer for Finance and National
Planning”.
In section 13(2), in the English version only, replace
“Department” with “Ministry”.
Environment Management Act In section 2, delete the definition of “Director”.
In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
environment”.
In section 2, replace the word “Ministry” and its definition
with ““Ministry” means the Ministry responsible for the
environment”.
In section 2, insert where appropriate a definition of
““Chief Executive Officer” means the Government chief
executive officer responsible for the environment”.
In section 7, replace “Director” with “Chief Executive
Officer” in the marginal note, and replace “Director for
Environment and Climate Change” with “Chief Executive
Officer”.
Throughout the Act, wherever “Director” appears, replace it
with “Chief Executive Officer”.
Hazardous Wastes and Chemicals
Act
In section 2, delete the definition of “Director”
In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
environment”.
In section 2, replace the word “Ministry” and its definition
with ““Ministry” means the Ministry responsible for the
environment”.
In section 2, insert where appropriate a definition of
““Chief Executive Officer” means the Government chief
executive officer responsible for the environment”.
Throughout the Act, wherever “Director” appears, replace it
with “Chief Executive Officer”.
Ozone Layer Protection Act In section 2, delete the definition of “Director”
In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
environment”.
In section 2, replace the word “Ministry” and its definition
with ““Ministry” means the Ministry responsible for the
environment”.
In section 2, insert where appropriate a definition of
““Chief Executive Officer” means the Government chief
executive officer responsible for the environment”.
Throughout the Act, wherever “Director” appears, replace it
with “Chief Executive Officer”.
In section 4(2)(c), replace “Ministry of Revenue” with
“Ministry responsible for revenue”.
In section 4(2)(d), replace “Ministry of Labour, Commerce
and Industries” with “Ministry responsible for commerce”.
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In section 4(2)(e), replace “Ministry of Agriculture and
Forestry, Food and Fisheries” with “Ministry responsible
for agriculture”.
In section 4(2)(f), replace “Ministry of Transport” with
“Ministry responsible for transport”.
In section 4(2)(i), replace “Ministry of Education” with
“Ministry responsible for education”.
In section 13(2), replace “Minister for Agriculture and
Forestry, Food and Fisheries” with “Minister responsible
for agriculture”.
Petroleum Mining Act In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for
lands”.
Renewable Energy Act In section 2, replace the word “Minister” and its definition
with ““Minister” means the Minister responsible for the
environment”.
In section 2, replace the word “Ministry” and its definition
with ““Ministry” means the Ministry responsible for the
environment”.
Ministry of Police, Prisons and Fire Services
Police Act In section 2, in the definition of “Commissioner” replace
“Commissioner of Tonga Police”, with “Commissioner of
Police”.
Prisons Act In section 2, insert the definition ““Ministry” means the
Ministry responsible for prisons”.
Throughout the Act:
(a) in the English version only, replace “Prisons
Department” with “Ministry”;
(b) in the Tongan version only, replace “Potungaue ki he
Ngaahi ‘Api Popula” and “Potungaue ‘o e Ngaahi ‘Api
Popula” with “Potungaue”.
Prime Minister’s Office
Official Secrets Act In section 6, replace “Head of Department” with “Chief
Executive Officer”.
Communications Act In section 2, delete the word and definition of “Department”
In section 2, wherever appropriate insert a new definition of
““Ministry” means the Ministry responsible for
communications”.
In section 2, replace the word “Secretary” and its definition
with ““Chief Executive Officer” means the Government
chief executive officer responsible for information and
communications”.
Throughout the Act, in the English version only, replace
“Department” with “Ministry”.
Throughout the Act, replace “Secretary” with “Chief
Executive Officer”.
Ministry of Revenue Services
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Consumption Tax Act In section 2, delete the definition of “Chief Commissioner”
In section 2, wherever appropriate insert the definition
““Minister” means the Minister responsible for revenue
services.
Throughout the Act, replace “Chief Commissioner” with
“Minister”.
Customs Act In section 2, delete the definition of “Chief Commissioner”
In section 2, wherever appropriate insert the definition
““Minister” means the Minister responsible for revenue
services.
Throughout the Act, replace “Chief Commissioner” with
“Minister”.
Customs and Excise Management
Act
In section 2, delete the definition of “Chief Commissioner”
In section 2, wherever appropriate insert the definition
““Minister” means the Minister responsible for revenue
services.
Throughout the Act, replace “Chief Commissioner” with
“Minister”.
Excise Act In section 2, delete the definition of “Chief Commissioner”
In section 2, wherever appropriate insert the definition
““Minister” means the Minister responsible for revenue
services.
Throughout the Act, replace “Chief Commissioner” with
“Minister”.
Income Tax Act In section 2, delete the definition of “Chief Commissioner”
In section 2, wherever appropriate insert the definition
““Minister” means the Minister responsible for revenue
services.
In section 2, delete the definition of “Commissioner”.
In section 2, wherever appropriate, insert the definition
““Chief Executive Officer”” means the Government chief
executive officer responsible for revenue services”.
Throughout the Act, replace “Chief Commissioner” with
“Minister”.
Throughout the Act, replace “Commissioner” with “Chief
Executive Officer”.
Revenue Administration Act In section 2, delete the definition of “Chief Commissioner
of Revenue”
In section 2, delete the definition of “Commissioner”
In section 2, wherever appropriate insert the definition
““Minister” means the Minister responsible for revenue
services.
In section 2, wherever appropriate, insert the definition
““Chief Executive Officer”” means the Government chief
executive officer responsible for revenue services”.
Throughout the Act, replace “Chief Commissioner” with
“Minister”.
Throughout the Act, replace “Commissioner” with “Chief
Executive Officer”.
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Revenue Services Administration
Act
In section 2, delete the definition of “Chief Commissioner
of Revenue”.
In section 2, delete the definition of “Commissioner”
In section 2, wherever appropriate insert the definition
““Minister” means the Minister responsible for revenue
services”.
In section 2, wherever appropriate, insert the definition
““Chief Executive Officer”” means the Government chief
executive officer responsible for revenue services”.
Throughout the Act, replace “”Chief Commissioner” with
“Minister”.
Throughout the Act, replace “Commissioner” with “Chief
Executive Officer”.