Tuvalu Telecommunications Corporation Act
2008 Revised Edition
CAP. 35.05
TUVALU TELECOMMUNICATIONS
CORPORATION ACT
Tuvalu Telecommunications Corporation Act CAP. 35.05 Arrangement of Sections
2008 Revised Edition
Page 3
TUVALU TELECOMMUNICATIONS CORPORATION
ACT
Arrangement of Sections
Section
PART I - PRELIMINARY 5
1 Short title................................................................................................................ 5
2 Interpretation.......................................................................................................... 5
3 Application............................................................................................................. 7
PART II - ESTABLISHMENT, FUNCTIONS AND POWERS OF THE
CORPORATION 7
4 Establishment of Corporation ................................................................................ 7
5 Functions of Corporation ....................................................................................... 8
6 Corporation’s sole right to supply telecommunication services systems............... 8
7 Powers of Corporation relating to land.................................................................. 8
8 Corporation's liability for compensation................................................................ 9
9 Additional Powers................................................................................................ 10
10 Ministerial directions ........................................................................................... 10
PART III - BOARD, MANAGEMENT AND EMPLOYEES OF THE
CORPORATION 10
11 Board.................................................................................................................... 10
12 Constitution of Board and eligibility as Directors ............................................... 11
13 Acting Directors................................................................................................... 12
14 Chairman and Deputy Chairman ......................................................................... 12
15 Meetings of Board ............................................................................................... 12
16 Disclosure of interest ........................................................................................... 13
17 General Manager.................................................................................................. 13
18 Functions, duties and responsibilities of General Manager ................................. 13
19 Acting General Manager...................................................................................... 14
20 Authority to act on behalf of Corporation............................................................ 14
Arrangement of Sections CAP. 35.05 Tuvalu Telecommunications Corporation Act
2008 Revised Edition Page 4
21 Appointment of employees of the Corporation ....................................................14
PART IV - FINANCIAL PROVISIONS 14
22 Funds and resources of the Corporation...............................................................14
23 Vesting of Government assets etc in Corporation................................................15
24 Conduct of business on commercial principles ....................................................15
25 Profits ...................................................................................................................15
26 Reserve fund.........................................................................................................16
27 Financial year .......................................................................................................16
28 Estimates ..............................................................................................................16
29 Annual reports and accounts etc...........................................................................16
29A Corporate Plans ....................................................................................................17
29B Contents of Corporate Plans.................................................................................17
29C Presentation of Corporate Plans to Minister.........................................................17
29D Notification of certain matters..............................................................................17
30 Audit.....................................................................................................................18
31 Grants, loans, subsidy...........................................................................................18
32 Difficulties and uncertainties in operation ...........................................................19
PART V - OFFENCES AND PENALTIES 19
33 Offences and penalties .........................................................................................19
34 Compensation.......................................................................................................20
PART VI - MISCELLANEOUS 20
35 Repeal of Cap 100 ................................................................................................20
36 Public emergency .................................................................................................20
37 Corporation not liable...........................................................................................21
38 Regulations...........................................................................................................21
Supporting Documents
ENDNOTES 23
Tuvalu Telecommunications Corporation Act CAP. 35.05 Section 1
2008 Revised Edition
Page 5
TUVALU TELECOMMUNICATIONS CORPORATION
ACT
AN ACT TO PROVIDE FOR THE ESTABLISHMENT, INCORPORATION
AND MANAGEMENT OF THE TUVALU TELECOMMUNICATIONS
CORPORATION AND FOR CONNECTED PURPOSES1
Commencement [1st February 1994]2
PART I - PRELIMINARY
1 Short title
This Act may be cited as the Tuvalu Telecommunications Corporation Act.
2 Interpretation
In this Act, unless the context otherwise requires —
“Board” means the Board of Directors of the Tuvalu Telecommunications
Corporation established under subsection (1) of section 11 of this Act;
“Chairman” means the Chairman of the Board appointed under subsection
(1) of section 12 of this Act;
“Corporation” means the Tuvalu Telecommunications Corporation
established under subsection (1) of section 4 of this Act;
“Deputy Chairman” means the Deputy Chairman of the Board appointed
under subsection (1) of section 14 of this Act;
“Director” means a Director of the Board;
Section 2 CAP. 35.05 Tuvalu Telecommunications Corporation Act
2008 Revised Edition Page 6
“General Manager” means the General Manager of the Corporation
appointed under subsection (2) of section 17 of this Act;
“message” means any communication sent, received, or made by
telecommunication or given to a telecommunication operator to be sent by
telecommunication apparatus;
“radio communication” means any telecommunication by means of
radio waves;
“radio communication station” means any telecommunication station
capable of being used or being adapted for radio communication;
“telecommunication apparatus” or “apparatus” means apparatus
constructed or adapted for use —
(a) in transmitting or receiving —
(i) speech, music and other sounds;
(ii) visual images;
(iii) signals serving for the impartation of any matter otherwise than
in the form of sounds or visual images; or
(iv) signals serving for the actuation or control of machinery or
apparatus, which is to be or has been conveyed by a
telecommunication system; or
(b) in conveying for the purposes of a telecommunication system, anything
falling within items (i) to (iv) of paragraph (a) above;
“telecommunication installation” means —
(i) a line; or
(ii) any equipment, apparatus, structure, tower, antenna, tunnel,
manhole, pit or pole intended for use, in connection with a
telecommunication service;
“telecommunication line” means any wire, cable, tube or pipe or other
similar thing which is designed or adapted for use in connection with the
running of a telecommunication system, with any casing, coating, tube or pipe
enclosing the same and any appliances and apparatus connected therein for
the same; and includes any structure, post or other thing in, or, by or from
which any telecommunication apparatus is or may be installed, supported,
carried or suspended;
“telecommunication operator” means any person licensed under sub-section
(2) of section 6 of this Act to run a telecommunication system within Tuvalu;
“telecommunication service” means —
(a) a service consisting in the conveyance by means of a
telecommunication system of —
(i) speech, music and other sounds;
Tuvalu Telecommunications Corporation Act CAP. 35.05 Section 3
2008 Revised Edition
Page 7
(ii) visual images;
(iii) signals serving for the impartation of any matter otherwise than
in the form of sounds or visual images; or
(iv) signals serving for the actuation or control of machinery or
apparatus,
which is to be or has been conveyed by a telecommunication system;
(b) a service consisting in the installation, maintenance, adjustment, repair,
alteration, moving, removal or replacement of apparatus which is or is
to be connected to a telecommunication system; and
(c) a directory information service, that is to say, a service consisting in the
provision by means of a telecommunication system of directory
information for the purposes of facilitating the use of a service falling
within paragraph (a) above and provided by means of that system;
“telecommunication system” means a system for the conveyance through the
agency of electric, magnetic, electro-magnetic, electro-chemical or electro-
mechanical energy, or by means of fibre optic technology of —
(i) speech, music and other sounds;
(ii) visual images;
(iii) signals serving for the impartation of any matter otherwise than
in the form of sounds or images; or
(iv) signals serving for the actuation or control of machinery or
apparatus; and
“vessel” means a vessel of any description used in navigation.
3 Application
(1) This Act binds the Crown.
(2) This Act shall not apply to members of Her Majesty's Forces for Tuvalu in the
lawful conduct of their duties and to any other body so specified by an order
of the Minister.3
PART II - ESTABLISHMENT, FUNCTIONS AND POWERS OF
THE CORPORATION
4 Establishment of Corporation
(1) There is established a Corporation to be called the Tuvalu
Telecommunications Corporation.
Section 5 CAP. 35.05 Tuvalu Telecommunications Corporation Act
2008 Revised Edition Page 8
(2) The Corporation is a body corporate with perpetual succession and a common
seal and is capable of —
(a) subject to section 5 (restriction on alienation of native land) of the
Native Lands Act, acquiring, holding and disposing of property of
every description;
(b) suing and being sued in its corporate name; and
(c) doing and suffering all such acts and things as bodies corporate may
lawfully do and suffer.
5 Functions of Corporation
(1) The Corporation shall carry on the business of supplying telecommunication
services and establishing and developing telecommunication systems.
(2) Without in any way limiting the generality of subsection (1) of this section,
the Corporation shall establish, develop, conduct, work, operate and maintain
telecommunication services and telecommunication systems in Tuvalu as a
business and to that end to provide those services to such point within and
outside Tuvalu as the Corporation shall see fit.
6 Corporation’s sole right to supply telecommunication services systems
(1) Subject to subsection (2) of section 3 of this Act and subsection (2) of this
section the Corporation shall have the sole and exclusive right to supply
telecommunication services and to establish and develop telecommunication
systems in Tuvalu in accordance with its functions and powers under this Act.
(2) Where the Corporation is for any reasons unable to supply or provide a
telecommunication service to any person in any part of Tuvalu or to establish
and develop an appropriate telecommunication system for that person, it may
in accordance with the regulations made by the Minister under this Act,
licence a person as it may consider fit and suitable to supply or provide the
service at a cost to be paid for by the person requiring the service and upon
such other conditions as may be prescribed by regulations and contained in
the licence.
7 Powers of Corporation relating to land
(1) In carrying out its functions and in the exercise of its powers under this Act,
the Corporation and any person acting under its power and direction may do
all or any of the following —
(a) enter upon and survey and take levels of any land or any part of that
land and may do anything on that land for any purpose in connection
with the supply of telecommunication services, the establishment of
telecommunication systems and the placement of telecommunication
Tuvalu Telecommunications Corporation Act CAP. 35.05 Section 8
2008 Revised Edition
Page 9
installations or for the purpose of ascertaining whether the land would
be suitable for use by the Corporation or any person acting under its
power and direction for, or in connection with the establishment or
running of the Corporation's telecommunication system; and
(b) place telecommunication installations or other matter under, over, along
or across, and posts in or upon, any land or any part of the land and in
that connection may do all such works as may be considered necessary
to facilitate such placement or maintenance or to ensure the proper
working of telecommunication lines and connected matters.
(2) The Corporation or any person acting under its powers and direction shall not
exercise the powers specified in paragraphs (a) and (b) of subsection (1) of
this section, except for the telecommunication system established and
maintained by the Government which now vests with the Corporation under
section 23 of this Act and the telecommunication system established and
maintained by the Corporation after the coming into operation of this Act.
(3) The Corporation shall not by virtue only of the exercise of any power granted
by this section, obtain any right other than that of user only in any property.
(4) Before doing any act in the exercise of the powers conferred by paragraphs (a)
and (b) of subsection (1) of this section the Corporation shall, except in cases
of emergency or urgency which involve risk of injury or damage to persons or
property, give seven days' prior notice to the owner or occupier of the land
which is, or is likely to be affected, stating as fully and as accurately as
possible the nature and extent of the acts intended to be done, and such notice
shall also be copied to the Kaupule responsible for the area the land subject of
the notice is located.
(5) The owner or occupier of the land to which a notice is being served under
subsection (4) of this section may within seven days from the receipt of the
notice appeal against the intended acts of the Corporation to the Minister
whose decision on the matter shall be final.
8 Corporation's liability for compensation
(1) In exercise of its power under subsection (1) of section 7 of this Act, the
Corporation shall do as little damage as may be and shall, subject to
subsections (2) and (3) of this section, make full compensation for any
damage or loss sustained by reason or in consequence of the exercise of such
powers.
(2) No compensation shall be payable for any act done in maintaining or
repairing telecommunication installations and lines and connected matters and
the system essential to the supply of telecommunication services, if
compensation with respect to such acts has already been agreed and paid at
the time the land was first used for such purpose.
Section 9 CAP. 35.05 Tuvalu Telecommunications Corporation Act
2008 Revised Edition Page 10
(3) Any dispute concerning the amount or application of compensation may be
referred to a court of competent jurisdiction in accordance with the rules of
that court for determination.
9 Additional Powers
In addition to any other powers conferred on it by this Act the Corporation shall
have power —
(a) to do in Tuvalu either alone or jointly with any other organization or
person, all things necessary or convenient to be done for or in
connection with or consequential on any of its powers or functions;
(b) to make such charges for its services under this Act as the Minister, on
the advice of the Board, may approve; and
(c) to undertake such other activities in furtherance of its functions as the
Minister, may, after consultation with the Board, allow by order.
10 Ministerial directions
(1) In carrying out its functions and in exercising its powers under this Act the
Corporation shall act in accordance with any policy directions (not
inconsistent with this Act) in the national interest given to it from time to time
in writing by the Minister.
(2) The Minister in issuing such policy direction may take into account the views
of the Board.
PART III - BOARD, MANAGEMENT AND EMPLOYEES OF
THE CORPORATION
11 Board
(1) There shall be a Board of Directors for the Corporation which —
(a) is the governing body of the Corporation with authority in the name of
the Corporation, to perform and exercise the functions and powers of
the Corporation under this Act; and
(b) shall, subject to this Act, be responsible for the policy, control and
management of the Corporation.
(2) It shall be the duty of the Board to ensure that the policy of the Corporation is
directed towards the national interest.
Tuvalu Telecommunications Corporation Act CAP. 35.05 Section 12
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Page 11
12 Constitution of Board and eligibility as Directors
(1) The Board shall comprise five members appointed by the Board and Minister,
of whom —
(a) three shall be officers of the Government, as Government
representatives, one of whom shall be appointed as Chairman of the
Board; and
(b) two shall be persons from outside of Government appointed amongst
persons appearing to the Minister to have the experience or special
knowledge, profession or skill that will be beneficial to the
Corporation.
(2) Directors shall be appointed for a period to be determined by the Minister but
shall be eligible for reappointment.
(3) No person shall be eligible for appointment as a Director, who —
(a) is a member of Parliament;
(b) is an officer or employee of the Corporation;
(c) has been declared bankrupt or insolvent by a court in Tuvalu or
elsewhere and has not received his discharge;
(d) is insane or of unsound mind; or
(e) has been convicted anywhere of an offence involving dishonesty.
(4) A Director may resign by giving notice in writing to the Minister.
(5) The Minister shall by notice terminate the appointment of a Director if —
(a) the Director is without the prior written permission of the Chairman
absent from three consecutive meetings of the Board;
(b) in relation to the Director any circumstances arise which, if the person
were not Director, would make the person ineligible for appointment
under subsection (3) of this section.
(6)
(a) Except for the Directors appointed under paragraph (a) of subsection
(1) of this section the Minister, after consultation with the Board, may
for any reason other than those specified in paragraphs (a) and (b) of
subsection (5) of this section by notice terminate the appointment of
any Director but shall inform the Director of the reasons for so doing;
(b) A Director shall not be compensated for loss of office.
(7) Directors shall be paid by the Corporation such fees and allowances as may be
determined by the Board and approved by the Minister.4
Section 13 CAP. 35.05 Tuvalu Telecommunications Corporation Act
2008 Revised Edition Page 12
13 Acting Directors
(1) If the Minister is satisfied that a Director of the Corporation is incapacitated
by illness, absence, or other sufficient cause from performing the duties of
Director, the Minister may appoint a person to act for that Director during that
period of incapacity.
(2) An acting Director appointed under subsection (1) of this section is, while
acting as such, deemed for all purposes to be a Director of the Corporation.
14 Chairman and Deputy Chairman
(1) The Minister shall appoint a Deputy Chairman of the Board Deputy Chairman
to assist the Chairman appointed under paragraph (a) of subsection (1) of
section 12 of this Act and both appointments shall be for such periods as the
Minister determines but the appointments shall cease immediately on the
Chairman or Deputy Chairman ceasing to be a Director.
(2) The Chairman or Deputy Chairman may resign that appointment by giving
notice in writing to the Minister.
(3) The Minister may by notice terminate the appointment of the Chairman or
Deputy Chairman but shall disclose the reasons for so doing.
15 Meetings of Board
(1) The Board shall meet as often as the business of the Board Corporation may
require but not less frequently than once in every 2 months.5
(2) Board meetings shall be at such times and places as the Board shall determine
or as the Chairman, or, if the Chairman is absent the Deputy Chairman, shall
direct.
(3) The Chairman or if the Chairman is absent the Deputy Chairman, shall be
chairman at meetings of the Board and in the absence of both from any
meeting or any part of a meeting one of the Directors shall be appointed by
the Board at or during the meeting to be chairman of that meeting or part of a
meeting.
(4) Three Directors shall form a quorum at a meeting of the Board.
(5) Each Director shall have one vote.
(6) Questions arising at a Board meeting shall be resolved by a simple majority of
the votes of the Directors present and voting except that in the event of an
equality of votes, the Chairman of the meeting or part of a meeting shall have
a second or casting vote.
Tuvalu Telecommunications Corporation Act CAP. 35.05 Section 16
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16 Disclosure of interest
(1) Where a Director has any interest, direct or indirect, in interest any matter
before the Board that Director shall fully disclose that interest to the Board —
(a) at any meeting during the course of which that Director becomes aware
of the relevant facts; or
(b) at the first meeting after that Director becomes aware of the relevant
fact.
(2) A Director who has disclosed an interest in any matter before the Board in
accordance with subsection (1) of this section, shall not take part in any
further deliberation or in any decision of the Board on that matter:
Provided that the holding of any such interest by a Director shall not
disqualify the Director for the purpose of constituting the quorum at any
meeting or part of a meeting.
17 General Manager
(1) The Chief Executive of the Corporation shall be the General Manager.
(2) The General Manager shall be appointed by the Board with the approval of
the Minister.
(3) The General Manager shall hold office for a period not to exceed three years
on such terms and conditions as may be determined by the Board, subject to
the approval of the Minister.
(4) The General Manager is eligible for reappointment on such terms and
conditions as the Board may decide, subject to the approval of the Minister.
(5) The General Manager shall be paid by the Corporation such salary and
allowances as are determined by the Board and approved by the Minister.
18 Functions, duties and responsibilities of General Manager
(1) The General Manager shall be responsible to the Board for the effective
operation of the day to day activities of the Corporation including supervision
and direction of the employees of the Corporation.
(2) In exercise of the functions of the General Manager under this Act the
General Manager shall act in accordance with such directions from time to
time, received from the Board.
(3) The whole of the General Manager's services shall be devoted to the
Corporation and the General Manager shall not while holding office, without
the approval of the Minister —
(a) receive any remuneration from any office or any employment other
than with the Corporation; or
Section 19 CAP. 35.05 Tuvalu Telecommunications Corporation Act
2008 Revised Edition Page 14
(b) hold any other office or employment, whether for remuneration or not,
except as a nominee of the Corporation.
19 Acting General Manager
Where the General Manager is prevented by illness, absence from Tuvalu or any
other cause from carrying out the functions of General Manager, the Board with the
approval of the Minister may appoint an Acting General Manager who shall act and
perform the functions of the General Manager until the General Manager is able to
resume the office or a new General Manager is appointed in the event that the
General Manager is for any reason permanently not able to resume that office.
20 Authority to act on behalf of Corporation
The Board may by written resolution authorise a Director, the General Manager or
another officer of the Corporation to act, enter into contracts and to sign instruments
and documents for and on behalf of the Corporation.
21 Appointment of employees of the Corporation
(1) The Board shall appoint, employ or dismiss such permanent employees of the
Corporation as may be reasonably necessary for the purposes of or in
connection with the business of the Corporation on such terms and conditions
as the Board may determine.
(2) The General Manager, shall appoint, employ or dismiss such temporary and
casual employees of the Corporation as may be reasonably necessary for the
purposes of or in connection with the business of the Corporation on such
terms and conditions as the General Manager may determine.
(3) All employees of the Corporation appointed in accordance with subsections
(1) and (2) of this section shall be under the administrative control of the
General Manager subject to any directions given by the Board.
(4) The Board may provide for the training, career development and discipline of
the employees of the Corporation.
PART IV - FINANCIAL PROVISIONS
22 Funds and resources of the Corporation
The funds and resources available for the purpose of resources of the enabling the
Corporation to perform its functions under this Corporation Act shall consist of —
Tuvalu Telecommunications Corporation Act CAP. 35.05 Section 23
2008 Revised Edition
Page 15
(a) moneys appropriated from time to time by Parliament for the purpose
and paid to the Corporation;
(b) rights, interests, and assets of the Government vested in the Corporation
by section 23 of this Act;
(c) all moneys received by the Corporation for goods or services provided
under this Act;
(d) moneys derived from the sale of, or dealing with property vested in or
acquired by the Corporation;
(e) moneys derived as income from investment by the Corporation;
(f) all moneys borrowed by the Corporation under this Act;
(g) moneys paid to the Corporation by way of grants, subsidies, donations,
loan, rent and repayment of principal or interest;
(h) accumulations of income derived from any money or property of the
Corporation; and
(i) any other moneys and any property lawfully received by, or made
available to, the Corporation under, and for the purposes of this Act.
23 Vesting of Government assets etc in Corporation
At the commencement of this Act, the rights, interests, assets and liabilities of the
Government formerly managed by the Telecommunications Authority shall be
transferred to and vested in the Corporation.
24 Conduct of business on commercial principles
The Corporation shall conduct its business in accordance with prudent commercial
principles and shall ensure as far as possible that its revenue is sufficient both to
meet its expenditure properly chargeable to revenue and to derive a profit.
25 Profits
(1) The net profits of the Corporation in any financial year shall be determined by
the Board after allowing for the expenses of operation during that year and
making such provisions for depreciation, repayment of any advances, a credit
to the reserve fund under subsection (1) of section 26 of this Act, and such
contingencies and other purposes as are usually made by telecommunication
authorities.
(2) The net profits of the Corporation in any financial year shall be allocated as
the Board, with the approval of the Minister, determines.
Section 26 CAP. 35.05 Tuvalu Telecommunications Corporation Act
2008 Revised Edition Page 16
26 Reserve fund
(1) The Corporation shall have a reserve fund which shall consist of such sums as
are placed to the credit of the reserve fund as the Board, with the approval of
the Minister, determines.
(2) There may be transferred from time to time from the reserve fund to the
working capital of the Corporation such sums as the Board, with the approval
of the Minister, determines.
27 Financial year
(1) The financial year of the Corporation shall end on 31st December in
each year.
(2) The Minister may amend subsection (1) of this section by order.
28 Estimates
(1) For each financial year the Board shall prepare and submit to the Minister for
approval, not later than the end of November of that year or by such other
date as the Minister directs, estimates of the income and expenditure of the
Corporation, including its capital budget, for the coming financial year and for
any longer period required by the Minister.
(2) The Board shall cause to be kept all proper books and records of account of
income, expenditure, assets and liabilities of the Corporation.
29 Annual reports and accounts etc6
(1) The Board shall as soon as practicable after the end of each financial year and
in any event not later than six months from the end of the financial year,
prepare —
(a) a report on the operations of the Corporation during that year; and
(b) accounts and financial statements, in the appropriate forms, in respect
of that year.
(2) The report prepared under subsection (1) shall —
(a) include details of the financial performance and effectiveness of the
Corporation as judged by performance measures that are relevant to the
telecommunications industry in Tuvalu and are prescribed by the
Minister by notice; and
(b) be submitted to the Minister as soon as practicable after it is prepared.
(3) The initial performance measures referred to in paragraph (2)(a) shall be
prescribed by the Minister by notice no later than 31 August, 1996.
Tuvalu Telecommunications Corporation Act CAP. 35.05 Section 29
2008 Revised Edition
Page 17
29A Corporate Plans7
(1) The Board shall prepare corporate plans.
(2) The first corporate plan —
(a) shall be for a period of not less than 3 years and not more than 5 years;
and
(b) shall be prepared and submitted to the Minister no later than 30
September, 1996.
(3) Each subsequent corporate plan shall be for a period of not less than 3 years
and not more than 5 years, beginning immediately after the period of the
previous corporate plan.
(4) The Board may review and revise a corporate plan at any time.
29B Contents of Corporate Plans8
Each corporate plan prepared under section 29A shall —
(a) set out the objectives of the Corporation;
(b) outline the overall strategies and policies that the Corporation will follow to
achieve its objectives and discharge its functions;
(c) include a forecast of the revenue and expenditure of the Corporation,
including capital expenditure;
(d) include such performance indicators and targets as the Board considers
appropriate;
(e) summarise aid-funded assistance received and planned; and
(f) include such other matters as may be prescribed by the Minister.
29C Presentation of Corporate Plans to Minister9
(1) As soon as practicable after the Board prepares or revises a corporate plan it
shall submit a copy of the corporate plan to the Minister.
(2) Not later than 90 days after receipt of a corporate plan the Minister may direct
the Board to review and revise the corporate plan in accordance with
government policies and priorities as communicated by the Minister to the
Board.
29D Notification of certain matters10
If the Board forms the opinion that matters have arisen which may —
(a) prevent, or significantly affect, the achievement of the objectives in a
corporate plan;
Section 30 CAP. 35.05 Tuvalu Telecommunications Corporation Act
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(b) significantly affect the strategies and policies that are to be followed
under the corporate plan; or
(c) prevent or significantly affect the forecasts of revenue and expenditure
under a corporate plan,
the Board must immediately notify the Minister of its opinion and of the reasons for
that opinion.
30 Audit
(1) The Auditor-General shall inspect and audit and report at least once in every
financial year to Parliament on the accounts finances and property of the
Corporation.
(2) The Auditor-General shall satisfy himself that —
(a) the accounts of the Corporation have been properly prepared in
accordance with generally accepted international accounting principles
taking into consideration the requirement for good stewardship and
developing practices with respect to the reporting of public finances;
and
(b) that expenditure has been incurred with due regard to economy and the
avoidance of waste.
(3) The Auditor-General, in his report as required by subsection (1) of this
section, shall state —
(a) whether the accounts and statements have been properly prepared in
accordance with the books and records of the Corporation and give a
true view of the financial operations and the current financial position
of the Corporation;
(b) whether the books and records of the Corporation have been properly
kept and contain information adequate for the purposes of the audit;
(c) whether the financial affairs of the Corporation have been properly
conducted; and
(d) all other matters arising out of the accounts and statements which he
considers should be made known to Parliament.
31 Grants, loans, subsidy
The Corporation may request the Government to make subsidy grants, loans or to
agree to a subsidy scheme for the purposes of —
(a) establishing, developing, working and maintaining any
telecommunication systems in the outer islands of Tuvalu and in areas
where the provision of such service would be uneconomical; and
Tuvalu Telecommunications Corporation Act CAP. 35.05 Section 32
2008 Revised Edition
Page 19
(b) defraying or contributing towards any expenses or losses incurred by
the Corporation in matters covered under the preceding paragraph.
32 Difficulties and uncertainties in operation
(1) If it appears to the Minister expedient for the purpose of removing any
difficulties or uncertainties arising out of the operation of the Corporation, the
Minister may —
(a) request the Government to take suitable measures including the
appropriation of funds by Parliament for the purposes of the
Corporation to enable the Corporation resolve its difficulties or
uncertainties; or
(b) by order, direct that all of the Corporation's property of whatever
description and kind as may be specified in the order shall from an
appointed day vest, or as the case may be, be deemed to have vested in
the Government and the Government shall from the appointed day be
responsible for the carrying out of the functions of the Corporation and
exercise its powers as specified in this Act.
(2) The vesting of the property of the Corporation in the Government under
paragraph (b) of subsection (1) of this section shall not extinguish any claims,
rights and liabilities of the Corporation against or to any person or of any
person against or to the Corporation.
PART V - OFFENCES AND PENALTIES
33 Offences and penalties
Any person who —
(a) dishonestly obtains a service provided by a means of a
telecommunication system with intent to avoid payment of any charge
applicable to the provision of that service;
(b) sends by means of a telecommunication system, a message or other
matter that is grossly offensive or of an indecent, obscene or menacing
character;
(c) sends by means of a telecommunication system, a message that that
person knows to be false, for the purpose of causing annoyance,
inconvenience or needless anxiety to another;
(d) intentionally modifies or interferes with the content of a message sent
by means of a telecommunication system;
(e) intentionally intercepts a message sent by means of a
telecommunication system;
Section 34 CAP. 35.05 Tuvalu Telecommunications Corporation Act
2008 Revised Edition Page 20
(f) intentionally discloses the content of a message intercepted in
accordance with paragraph (e) above;
(g) for whatever purpose, damages, removes, tampers with, touches or
interferes with any telecommunication apparatus or telecommunication
line being part of or used in or about any telecommunication system;
(h) wilfully obstructs a telecommunication operator and other employees of
the Corporation in the performance of their duties;
(i) alters any message received by that person for transmission or delivery;
(j) impedes or delays the correct transmission or the delivery of any
message through drunkenness, carelessness or other misconduct;
(k) fraudulently retains or detains a message which ought to have been
delivered to some other person or neglects or refuses to deliver up any
such message;
(l) with intent to deceive forges or alters a message;
(m) assists the working of an unlicensed radio communication station or
telecommunication system;
(n) contravenes the provision of subsection (1) of section 6 of this Act,
shall be guilty of an offence and shall be liable to imprisonment for two years or to a
fine of $1,000.
34 Compensation
Where a person is convicted of an offence under the preceding section the court
may, in addition to any penalty which may be imposed, order that person to pay full
compensation for any damage that the person had done, and that order may be
enforced as if it were a judgment in a civil action or suit.
PART VI - MISCELLANEOUS
35 Repeal of Cap 100
(1) The Telecommunications Act is repealed.
(2) Regulations made under the Telecommunications Act now repealed shall
continue to be in force as if they were made under this Act, until substituted
by new Regulations made by the Minister under section 38 of this Act.
36 Public emergency
If at any time a period of public emergency is declared by the Head of State under
subsection (1) of section 35 of the Constitution and it appears to the Minister that the
Tuvalu Telecommunications Corporation Act CAP. 35.05 Section 37
2008 Revised Edition
Page 21
Government should have control over the transmission and reception of messages,
the Minister may, during the continuance of the emergency, make such orders as
may appear desirable with respect to the possession, sale, purchase, construction and
use of any telecommunication installation in Tuvalu.
37 Corporation not liable
(1) No liability shall be incurred by the Corporation in respect of any action or
demand which may be brought or made by any person in consequence of any
damage arising from anything done by the holder of any licence granted under
subsection (2) of section 6 of this Act or by the licensee's agent.
(2) No claim or demand shall arise by reason of anything lawfully done by the
Corporation and the Minister or any person authorised in their behalf in
carrying out the provisions of this Act.
(3) No claim or demand against the Corporation shall arise by reason of any error
in or omission from any message, or delay in the transmission of any message
or for any delay in the delivery or for the non-delivery of any message or
omission to send or receive any message from whatever cause the error,
omission, delay or non-delivery shall arise:
Provided that the omission, delay or non-delivery was caused by factors
beyond the control of the Corporation or that the Corporation through its
employees had taken all reasonable steps under the circumstances or that the
Corporation and any person acting under its power and direction is not guilty
of carelessness or other misconduct.
38 Regulations
(1) The Minister may make regulations, not inconsistent with this Act,
prescribing all matters, whether general or to meet particular cases, which are
required or permitted to be prescribed, or which are necessary or convenient
for carrying out or giving effect to this Act.
(2) Without limiting the generality of subsection (1) of this section, regulations
may be made for or in respect of all or any of the following purposes, matters
and things —
(a) the running of telecommunication systems;
(b) the secrecy of telecommunications;
(c) the provision of telecommunication services, in particular the manner in
which such services shall be offered and performed, and the payment of
necessary fees;
(d) the period during which and the conditions subject to which messages
and papers relating thereto, shall be preserved;
Section 38 CAP. 35.05 Tuvalu Telecommunications Corporation Act
2008 Revised Edition Page 22
(e) the licensing and fees of dealers in telecommunication apparatus and
the sale, transfer or use of telecommunication apparatus;
(f) the conduct of examinations for telecommunication operators, the
content thereof and the issue of certificates of competence;
(g) the issue, variation and withdrawal of approvals in respect of radio
communication stations and apparatus for connection to any
telecommunication system licensed under this Act;
(h) the issue, variation and withdrawal of approvals in respect of
contractors for relevant operations in connection with any
telecommunication system;
(i) the issue, suspension and revocation of authorities to fill positions in
respect of radio communications;
(j) fees and other charges for any matter permitted or matters required to
be done by the Minister or by a person acting on the Minister's behalf;
(k) the form of any licence, notice, approval, certificate, authority or other
written document required or permitted to be issued by or to the
Minister or any person acting on the Minister's behalf under this Act;
(l) the conditions under which telecommunication apparatus may be
worked in Tuvalu and in vessels and aircrafts;
(m) the periods during which telecommunication apparatus may not be
worked;
(n) the control of electrical interference in relation to the working of
apparatus;
(o) the fees to be paid for licences;
(p) the duties of a radio operator;
(q) the control, management and conditions to govern the supply of
telephone services;
(r) the fees payable for the supply of telephone services to the consumers;
and
(s) generally for matters related or connected with matters and things
specified in paragraphs (a) to (r) of this subsection.
Tuvalu Telecommunications Corporation Act CAP. 35.05 ENDNOTES
2008 Revised Edition
Page 23
ENDNOTES
1 Act 4 of 1993
Amended by Act 2 of 1996, commencement 15 April 1996, (by Act 4 of 2009)
Amended by Act 4 of 2008 in force 26 August 2008 vide LN 8/2008
2 LN 2/1994
3 By LN 6/2003 the Tuvalu Media Corporation was excluded from the application of the Act for the
purposes of providing television services
4 Substituted by Act 4 of 2008
5 Amended by Act 2 of 1996
6 Amended by Act 2 of 1996
7 Inserted by Act 2 of 1996
8 Inserted by Act 2 of 1996
9 Inserted by Act 2 of 1996
10 Inserted by Act 2 of 1996
