MiscellaneousAmendments_General_Bill2010v11


Act No. 46 of 2010




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MISCELLANEOUS AMENDMENTS
(GENERAL) ACT 2010

Miscellaneous Amendments (General) Act 2010 Arrangement of Sections





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Act No. 46 of 2010 Page 3




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MISCELLANEOUS AMENDMENTS (GENERAL) ACT
2010

Arrangement of Sections
Section

1 Short title, commencement ............................................................................... 5
2 Various Acts amended ...................................................................................... 5





Miscellaneous Amendments (General) Act 2010 Section 1





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MISCELLANEOUS AMENDMENTS (GENERAL) ACT
2010

Act No. 46 of 2010

AN ACT TO AMEND VARIOUS ACTS TO MAKE THEM CONFORM
WITH CHANGES IN CONSTITUTIONAL AND ELECTORAL

AMENDMENT ACTS

I assent,
GEORGE TUPOU V,

1st October 2010.


BE IT ENACTED by the King and the Legislative Assembly of Tonga in the Legislature
of the Kingdom as follows:
____________________________________________________________________

1 Short title, commencement

(1) This Act may be cited as the Miscellaneous Amendments (General) Act 2010.

(2) This Act shall come into force immediately after the Constitution
(Amendment) (No. 2) Act 2010 comes into force, except for the amendments
to the Electoral Act which are deemed to come into force on 29 September
2010.

2 Various Acts amended

The Acts and Regulations specified in Column 1 of the following table, regarding
the provision specified in Column 2, are amended as provided in Column 3.





Section 2 Miscellaneous Amendments (General) Act 2010





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Column 1
Legislation

Column 2
Provision

Column 3
Amendment

Interpretation Act section 2(1), in the
definition “Act”

Repeal “an Ordinance passed by the
King and Privy Council,”

Interpretation Act section 2, in the
definition of
“Minister”

Insert the following before the
semicolon “and in an Act “the
Minister” means the Minister
having responsibility for the
administration of that Act”

Interpretation Act section 4 Repeal section 4
Interpretation Act section 6 Repeal “Ordinance,” and

“Ordinances,”
Interpretation Act section 7 Repeal “Ordinance,”
Westpac Bank of Tonga Act section 7(1)(ii) Repeal “or Ordinance”
Postal Regulations regulation 89 Repeal “Ordinance or”;
Postal Regulations regulation 102 Repeal “or Ordinance”
Tonga Defence Services Act section 145(1) Repeal “an Ordinance passed by

King and Privy Council” and
replace with “regulations made
under this Act”

Metrication Act section 2, in the
definition of “Act”

Repeal “, ordinance”

Fonos Act section 12 Repeal “or Ordinance of the Privy
Council”

Births Deaths and Marriages
Registration Act

section 21 Repeal “, ordinance”

Births Deaths and Marriages
Registration Ac

section 22(b) Repeal “, ordinance”

Civil Law Act section 4 Repeal “or Ordinance”
Shipping Act section 2(3) Repeal “, ordinance”
Shipping Act section 206(1) and

207(5)
Repeal “, ordinance”

Electoral Act section 4(2)(c), 4(8),
5(5), 5A, 11(1),
12(1), 17(2),

Repeal “district” and replace with
“constituency” wherever the word
occurs

Electoral Act section 4(9), 5(2)(c),
9(2), 19(1)(b)

Repeal “district” and replace with
“constituency” wherever the word
occurs

Electoral Act section 4(2)(a) Repeal “districts” and replace with
“constituencies”

Electoral Act section 3(2) Insert “and constituency” after
“district”

Electoral Act Forms 3, 4, 7, and 8;
in all places

Repeal “district” and replace with
“constituency” wherever the word
occurs

Electoral Act Form 5 Repeal “Vahefonua” and replace
with “Vahenga Fili”

Electoral Act section 12(4) In the English version only, repeal
“names” and replace with “name”;
and

Miscellaneous Amendments (General) Act 2010 Section 2





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Column 1
Legislation

Column 2
Provision

Column 3
Amendment
Repeal “or candidates” in both
places

Electoral Act section 15 Insert “or constituency” after
“district”

Electoral Act section 16(1) Repeal “posted publicly on the post
office of the electoral district and
similar declarations shall be posted
to the Supervisor by registered
mail” and replace with “sent to the
Supervisor of Elections, who shall
publish the result”

Electoral Act section 23(f) Insert “, with intent to mislead or
defraud electors,” after “At any
time”

Electoral Act (Tongan
version only)

section 9(3) Repeal “$1,000” and replace with
“$400”

Electoral Act (Tongan
version only)

section 19 Repeal subsection (2)

Electoral Act (English
version only)

Form 1 Repeal “Distinguishing mark(s): …”

Electoral Act (Tongan
version only)

Form 1 Repeal “Vahefonua fili” and replace
with “Vahenga Fili”

Electoral Act Form 5, in the
“Tokanga”

Repeal “(ngaahi)” and “(kau)”; and
Repeal the space after the word
“toko” and replace it with “taha”

Electoral Commission Act
2010

section 4(2) Repeal “section 13” and replace
with “section 12”

Electoral Commission Act
2010

section 5 Repeal “section 6(3) or section13”
and replace with “section 12”

Electoral Boundaries
Commission Act 2010
(Tongan version only)

section 21(1) Repeal “lolotonga ‘a e 2011.”

Magistrate’s Court Act section 2(1), 2(2), and
4

Repeal “Prime Minister with the
consent of Cabinet” and replace
with “King, after receiving advice
from the Judicial Appointments and
Discipline Panel

Magistrate’s Court Act section 3 Repeal section 3(1) and replace with
“The King, after receiving advice
from the Judicial Appointments and
Discipline Panel may, subject to
clause 83C of the Constitution,
appoint, discipline and dismiss
Magistrates and establish the terms
of their appointment.”

Magistrate’s Court Act section 5 Repeal “Cabinet” and replace with
“King, after receiving advice from
the Judicial Appointments and
Discipline Panel”

Section 2 Miscellaneous Amendments (General) Act 2010





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Column 1
Legislation

Column 2
Provision

Column 3
Amendment

Magistrate’s Court Act section 8(l) Repeal “His Majesty in Council”
and replace it with “Cabinet”

Magistrate’s Court Act section 85 Repeal “Cabinet” and “Prime
Minister” wherever it occurs and
replace with “Lord Chancellor”

Court of Appeal Act sections 5(a), 6(1), 7,
8, 9, 15(3), 15(5),
24(1), 24(2) and
27(2)

Repeal “Chief Justice” and replace
with “President”

Court of Appeal Act section 18(4) Repeal “Privy Council, and the
President of the Court shall
forthwith report the decision of the
Court to the Prime Minister who
shall submit the matter to the Privy
Council for decision as to the place
and mode of detention of the
appellant” and replace it with
“Supreme Court”

Court of Appeal Act section 25, 26(6) Repeal “King Council” and
replace it with “Cabinet”

All Acts and subordinate
legislation (Tongan version
only)

wherever the
expression occurs

Repeal the expression “Tu’i
Fakamaau Lahi” wherever it occurs
and replace it with “‘Eiki Fakamaau
Lahi”

All Acts and subordinate
legislation (English version
only)

wherever the
expression occurs

Repeal the expression “Chief
Justice” wherever it occurs and
replace it with “Lord Chief Justice”

All Acts and subordinate
legislation

wherever the
expression occurs

Repeal the expression “President of
the Court of Appeal” wherever it
occurs and replace it with “Lord
President of the Court of Appeal”

All Acts and subordinate
legislation

wherever the
expression occurs

repeal the expression “President of
the Land Court” wherever it occurs
and replace it with “Lord President
of the Land Court”





Passed by the Legislative Assembly this 22nd day of September 2010.