Miscellaneous Amendments (Name of Government Ministries) Act 2012

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Miscellaneous Amendments (Name of Government Ministries) Act 2012


Act No. 5 of 2012





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T

MISCELLANEOUS AMENDMENTS (NAME

OF GOVERNMENT MINISTRIES) ACT

2012





Miscellaneous Amendments (Name of
Government Ministries) Act 2012 Arrangement of Sections





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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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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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SCHEDULE

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”.

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