Protected Industries Act

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Published: 1970-12-15

Protected Industries Act


2008 Revised Edition

CAP. 40.44






PROTECTED INDUSTRIES ACT

Protected Industries Act CAP. 40.44 Arrangement of Sections





2008 Revised Edition


Page 3



PROTECTED INDUSTRIES ACT

Arrangement of Sections
Section
1 Short title................................................................................................................ 5
2 Interpretation.......................................................................................................... 5
3 Minister may declare protected industries ............................................................. 5
4 Extent of order ....................................................................................................... 5
5 Review of order ..................................................................................................... 6
6 Offence to carry on protected industry without a licence ...................................... 6
7 Issue of licence....................................................................................................... 6
8 Notification of application for licences to be advertised ....................................... 6
9 Objections .............................................................................................................. 6
10 Conditions.............................................................................................................. 6
11 Additional conditions may be attached to certain licences .................................... 7
12 Maximum prices for sale of products .................................................................... 7
13 Revocation of licence............................................................................................. 7
14 Transfer of licence ................................................................................................. 7
15 Period of validity of licence................................................................................... 8
16 Licence holder not exempt from other licensing provisions.................................. 8
17 Regulations ............................................................................................................ 8

Supporting Documents

ENDNOTES 9

Protected Industries Act CAP. 40.44 Section 1





2008 Revised Edition


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PROTECTED INDUSTRIES ACT

AN ACT TO MAKE PROVISION FOR THE PROTECTION OF CERTAIN
INDUSTRIES1

Commencement [15th December 1970]

1 Short title
This Act may be cited as the Protected Industries Act.

2 Interpretation
In this Act, unless the context otherwise requires —

"industry" includes any activity of trade or commerce and includes also any
operation or process connected with or forming part of an industry.

3 Minister may declare protected industries
Where the Minister is satisfied that the development of any industry or proposed
industry in Tuvalu is in the public interest and that such industry cannot be
developed or undertaken unless offered protection from competition, he may by
order declare such industry to be a protected industry for the purposes of this Act.

4 Extent of order
An order made under section 3 may apply to an industry generally or to such
operations and processes connected with or forming part of an industry as may be
specified or defined in the order, and may have application throughout Tuvalu or in
any specified district or area thereof.

Section 5 CAP. 40.44 Protected Industries Act





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5 Review of order
Every order made under section 3 shall be reviewed by the Minister after a lapse of
5 years from the date of such order and thereafter at intervals of not more than 2
years, and if, upon such review, the Minister is satisfied that it is not in the public
interest that the industry should continue to be protected the order shall be revoked
and notwithstanding any other provisions of this Act all licences issued in pursuance
of such order shall cease to have effect.

6 Offence to carry on protected industry without a licence
Any person who carries on a protected industry except under the authority of a
licence issued under this Act is liable to a fine of $200, and in the case of a
continuing offence to a fine of $20 for each day during which the offence continues:

Provided that nothing in this section contained shall apply to the carrying on of any
protected industry during the period of 3 months commencing on the date of its
declaration as a protected industry, by a person who has applied for a licence under
this Act to carry on that industry.

7 Issue of licence
The Minister may upon application in writing and upon payment of such fee, if any,
as may be prescribed, issue to any person a licence to carryon a protected industry.

8 Notification of application for licences to be advertised
For not less than 1 month before an application for a licence is considered by the
Minister a notification that such application will be so considered shall be kept
publicly advertised within Tuvalu in such manner as the Minister shall direct.

9 Objections
Objections to the issue of a licence may be made in writing to the Minister to reach
him at least 3 days before the date advertised under section 8 and such objections
shall be duly considered by the Minister before a decision is reached upon
application.

10 Conditions
Every licence issued under this Act shall be subject to the following conditions —

(a) that the licensee shall submit to the Minister such accounts in
connection with the licensed industry, at such intervals and in such
form as the Minister may require;

Protected Industries Act CAP. 40.44 Section 11





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(b) that the accounts shall be subjected to periodic audit by an auditor
approved by the Minister;

(c) that the licensee shall begin the operations covered by the licence
within a specified time and shall diligently carryon the same during the
period of the licence;

(d) such other conditions as the Minister may deem fit to impose.

11 Additional conditions may be attached to certain licences
Where a licence includes the purchase of raw materials in Tuvalu, the following
additional conditions may be imposed either upon the issue of a licence
or subsequently —

(a) a condition specifying the maximum or minimum prices to be paid by
the licensee for the purchase or collection of such raw materials and
providing for a periodical review of such prices at not less frequent
intervals than once annually;

(b) a condition that the licensee will accept all such raw materials offered
to him which conform to a specified standard and such other conditions
relating to the purchase of such materials as may be fair and reasonable.

12 Maximum prices for sale of products
The maximum price at which the products of a licensed industry may be sold in
Tuvalu may be fixed in a manner to be prescribed by regulations and if so fixed the
sale of such products at not more than the maximum price shall be deemed to be a
condition of the licence.

13 Revocation of licence
The Minister may at any time revoke a licence issued under this Act —

(a) if he is satisfied after due inquiry and after giving the licensee an
opportunity of making representations against the revocation, that the
licensee has failed to observe or has contravened any of the conditions
of the licence; or

(b) if the licensee has been found guilty of any breach of law relating to the
conduct of the licensed industry.

14 Transfer of licence
A licence issued under this Act shall not be transferred without the prior consent of
the Minister; and any such licence which a licensee may transfer or purport to
transfer without such consent as aforesaid shall forthwith become void and of
no effect.

Section 15 CAP. 40.44 Protected Industries Act





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15 Period of validity of licence
A licence issued under this Act shall, subject to the other provisions thereof, be valid
for so long as the order protecting the industry remains in force or for such lesser
period as may be specified in the licence.

16 Licence holder not exempt from other licensing provisions
A licence issued under this Act shall not exempt the licensee from the licensing
provisions of any other law for the time being in force relating to licences
or otherwise.

17 Regulations
The Minister may make regulations for all or any of the following purposes —

(a) prescribing anything that may be prescribed under this Act; and
(b) generally, for the carrying into effect of the purposes of this Act.



Protected Industries Act CAP. 40.44 ENDNOTES





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ENDNOTES


1 1990 Revised Edition, Cap. 67 – Act 8 of 1970
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