CustomsandExciseTaskForceOrdinance2010v2-1







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CUSTOMS AND EXCISE TASK FORCE
ORDINANCE 2010





Customs and Excise Task Force Ordinance 2010 Arrangement of Sections





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CUSTOMS AND EXCISE TASK FORCE ORDINANCE
2010

Arrangement of Sections
Ordinance

1 Title and Commencement .......................................................................... 5
2 Interpretation ................................................................................................ 5
3 Custom Task Force ........................................................................................... 6
4 Administration ............................................................................................. 6
5 Finance ........................................................................................................ 7
6 The Crown ........................................................................................................ 7


Customs and Excise Task Force Ordinance 2010 Ordinance 1





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CUSTOMS AND EXCISE TASK FORCE ORDINANCE
2010



GOVERNMENT ACT

IN EXERCISE of Our Prerogative, and the powers conferred by Section 7(a)
of the Government Act, His Majesty in Privy Council hereby Ordains as

shown hereafter:



1 Title and Commencement

(1) This Ordinance may be cited as the Customs and Excise Task Force
Ordinance 2010.

(2) This Ordinance shall come into force on the day it is made and shall remain in
force thereafter until it is ratified, amended or rescinded by the Legislative
Assembly of Tonga.

2 Interpretation

(1) In this Ordinance, unless the context requires otherwise the following terms,
namely:-

“Chief Commissioner”;

“Customs”;

“Customs Laws”; and

“Customers Officer”;

Ordinance 3 Customs and Excise Task Force Ordinance 2010





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shall have the meaning ascribed to them in section 2 of the Customs and
Excise Management Act 2007.

(2) Any reference is this Ordinance to “the Act” is a reference to the Customs
and Excise Management Act, 2007: and to “the Task Force” is a reference to
the Customs and Excise Task Force constituted by this Ordinance.

3 Custom Task Force

(1) To assist the Chief Commissioner in the performance of his duties, powers
and functions under the Act there is constituted by this Ordinance a Customs
and Excise Task Force comprising: -

(a) Mr Hugh Clark, as Chairman;

(b) Ex officio, the Deputy Commissioner of Revenue – Custom Division;

(c) Ex officio, the Secretary of the Ministry of Labour, Commerce and
Industries;

(d) Ex officio, the Director of Immigration at the Ministry of Foreign
Affairs;

(e) Ex officio, the President of the Tonga Chamber of Commerce and
Industry Inc.; and,

(f) The Chairman may co-opt any other members.

(2) The remit of the Task Force is to investigate th commission of any customs
offence and to report thereon to the Chief Commissioner and to His Majesty
in Council, with recommendations for prosecution, or otherwise whatsoever
including, without prejudice to the foregoing generality, whether or not
anyone who appears to have committed a customs offence should continue to
hold or obtain:-

(a) A Tongan Business or Tourist Licence;

(b) a Visa to reside, take up employment or engage in business in the
Kingdom of Tonga.

(3) The said remit to the Task Force is deemed to be a delegate to each member
of the Task Force under and in terms of section 4 of the Act.

4 Administration

(1) If called upon to do so by the Task Force, all customs officers shall provide
expeditiously and diligently such assistance as maybe required by the Task
Force.

(2) The members of the Task Force are deemed to be customs officers and, in the
performance of their duties, may exercise the powers conferred by section
127(1) of the Act to seek assistance from Police or Tonga Defence Service
officers.

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(3) Police and Tonga Defence Service Officers assisting the Task Force are
deemed to have been authorised by the Chief Commissioner under section
127(2) of the Act, and to have the same powers and authority as Customs
Officers.

(4) The Task Force shall appoint their own Secretary.

5 Finance

The Task Force shall be funded out of monies available to Customs as if in fact the
Task Force was part of Customs.

6 The Crown

The Crown is bound by this Ordinance.







Made at Nuku’alofa on this 19th day of November 2010.




Hon Teisina Fuko

Minister for Revenue Services