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Licences Act


Published: 1917-12-31

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Licences Act


2008 Revised Edition

CAP. 26.24






LICENCES ACT

Licences Act CAP. 26.24 Arrangement of Sections





2008 Revised Edition


Page 3



LICENCES ACT

Arrangement of Sections
Section
1 Short title and application ...................................................................................... 5
2 Interpretation.......................................................................................................... 5
3 Licences, fees, exemptions and transfers ............................................................... 5
4 Issue of licences ..................................................................................................... 6
5 Duration of licences ............................................................................................... 6
6 Licences personal................................................................................................... 6
7 Auctioneer’s licence .............................................................................................. 7
8 Commission agent’s licence .................................................................................. 7
9 Hawker’s licence.................................................................................................... 7
10 Store licence........................................................................................................... 8
11 Limitation of privileges under licence ................................................................... 8
12 Licences subject to any law for specific regulation of profession, etc................... 8
13 Penalty for breach of Act ....................................................................................... 8
14 Accused must prove licence................................................................................... 9
15 Powers of police and revenue officers ................................................................... 9
16 Assisting, etc., commission of offence ................................................................ 10
17 Disposal of fees, fines and penalties .................................................................... 10
18 Forms ................................................................................................................... 10
19 Regulations .......................................................................................................... 10


SCHEDULE 1 11
SCHEDULE 2 11

Supporting Documents

ENDNOTES 13

Licences Act CAP. 26.24 Section 1





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LICENCES ACT

AN ACT RELATING TO LICENCES1

Commencement [31st December 1917]

1 Short title and application
This Act may be cited as the Licences Act and shall apply to all places where the
Kaupule is either not empowered to make, or has not made, provision for the
licensing of any of the professions, trades, callings or acts specified in Schedules 1
and 2.

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

“insurance company” does not mean or include life assurance company;

“trading” includes the doing of any act with a view to or for the purpose of
gain or profit other than recruiting.

3 Licences, fees, exemptions and transfers
(1) Every person following or exercising any of the professions, trades or callings

or doing any of the acts specified in Schedules 1 and 2, whether in
conjunction with any other profession, trade or calling or act so specified or
otherwise, shall take out a licence and pay a licence fee at the rate set forth in
the area of authority of each Kaupule in which any such profession, trade or
calling is carried on or where any such act is carried out:

Provided that the Minister may exempt from the payment in whole or in part
of any fee or fees prescribed by this Act any person or persons or class of
persons, and similarly at any time may withdraw or revoke any or all such
exemption or exemptions, and may authorise the refund in whole or in part to

Section 4 CAP. 26.24 Licences Act





2008 Revised Edition Page 6




any person or persons or class of persons of the amount of any fee or fees paid
under the provisions of this Act, but in no case shall refund be allowed unless
the application therefor shall have been made during the currency of the
period covered by the licence in respect of which a refund is applied for.

(2) The Minister may, on cause being shown to his satisfaction, direct the transfer
of any licence under Schedule 2 from any one person to any other person on
payment of a fee of $2:

Provided that such transfer shall not involve a change of place or building and
shall be subject to any law or regulation that may at the time be in force for
the specific regulation of the trade or calling on account of which a transfer is
sought.

(3) The Minister may by order amend Schedule 1 or 2.

4 Issue of licences
The licences specified in the Schedules shall be issued by the licensing officer who
shall be the executive officer for the area of authority of the Kaupule to which he is
appointed.

5 Duration of licences
(1) Licences issued under this Act shall be issued for half-yearly or

yearly periods.

(2) A yearly licence shall expire on the 31st day of December of the year in
which it is issued, and a half-yearly licence shall expire on the 30th day of
June or 31st day of December whichever day follows next after the date
of issue.

(3) The fee for a half-yearly licence shall be half the fee for a yearly licence plus
10 per centum of such half fee.

(4) A Falekaupule may by resolution reduce the fees specified in the Schedules
but such reduced fees shall only have effect in respect of licences issued for
the area of authority of that Falekaupule.

Provided that such amended fees shall only come into effect as and when the
Minister by notice approves such resolution and that notice is published at the
office of the council.

6 Licences personal
(1) Every license issued under this Act in respect of any profession, trade, calling

or act specified in Schedule 1, shall enable the person named in such licence
to follow or exercise the said profession, trade or calling or to do said act in
any part of Tuvalu to which this Act applies.

Licences Act CAP. 26.24 Section 7





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Licences to be in respect of stated premises, etc.

(2) Every licence issued under this Act in respect of any profession, trade, calling
or act specified in Schedule 2 shall state the premises or building in respect of
which the said licence has been issued, and shall be valid only for the
premises indicated therein, and no such licence shall allow the person or firm
named therein to follow, exercise or do in or upon any premises or building,
save those or that described as aforesaid, the profession, trade, calling or act
specified in the licence.

7 Auctioneer’s licence
(1) An auctioneer’s licence shall entitle the licensee to sell real and personal

property by public auction and shall include a commission agent’s licence.

(2) Notwithstanding anything in this Act, an auctioneer may sell by public
auction wines, spirits and beers or firearms, ammunition and explosives —
(a) when the auction is held by direction of the Minister or of the court;
(b) on the occasion of the sale of the personal effects of any person such

wines, spirits, beers, firearms, ammunition or explosives being the
private property of the owner of such personal effects:
Provided that in such last mentioned case the auctioneer shall first
obtain from the Minister a written permit which shall specify
particularly —
(i) the name of the owner of such wines, spirits, beers, firearms,

ammunition or explosives;
(ii) the quantity and kind to be sold;
(iii) the premises on which the sale is to take place:

And provided further that before such permit is granted the auctioneer shall
make a statutory declaration that to the best of his knowledge and belief such
wines, spirits, beers, firearms, ammunition or explosives are the private
property of the person whose personal effects are about to be sold.

8 Commission agent’s licence
A commission agent’s licence shall entitle the licensee to dispose of real or personal
estate or of goods in bulk on commission only and otherwise than by public auction,
and to act as forwarding or receiving agent on commission only, but shall not entitle
the licensee to act as agent for any insurance company.

9 Hawker’s licence
A hawker’s licence shall entitle the licensee to sell in any quantity all goods or
articles in respect of which specific licences are not issued, except that it shall not

Section 10 CAP. 26.24 Licences Act





2008 Revised Edition Page 8




permit the licensee to sell goods in any store or building occupied either
permanently or temporarily by the licensee but only in a boat or cart or from a
basket, pack or container carried by the licensee, or carried by hand:

Provided that a hawker’s licence shall not be necessary under this Act for the
hawking by a native of native curios or articles of native food or produce made,
grown or produced in Tuvalu:

And provided further that nothing herein contained shall entitle any person to hawk
any birds whether alive or dead other than poultry.

10 Store licence
A store licence shall entitle the licensee to sell on premises specified in the licence
goods in any quantity but shall not permit the hawking of such goods.

11 Limitation of privileges under licence
No licence issued under this Act in respect of any profession, trade, calling or act
shall entitle the holder to follow, exercise or do any other profession, trade, calling
or act in respect of which the issue of specific licences is provided for under this
Act.

12 Licences subject to any law for specific regulation of profession, etc.
The provisions of this Act shall be additional to the provisions of any other law
which may be in force upon the coming into operation of this Act, or may thereafter
come into force, for the specific regulation or control of any profession, trade,
calling or act in respect of which any licence is hereunder required to be taken out.

13 Penalty for breach of Act
(1) Any person following or exercising any of the professions, trades or callings

or doing any of the acts specified in the Schedules without a licence granted
in respect of the following or exercising of such professions, trades or callings
or the doing of any such acts in the area of authority of the Kaupule where
such profession, trade or calling was followed or exercised or such act was
done or otherwise committing a breach of the provisions of this Act, shall on
conviction forfeit a sum not exceeding twice the amount of the proper licence
fee for one year, and in default of payment may be imprisoned for 3 months:

Provided that no conviction under this section shall be recorded against any
person who, having held a licence which expired on the 30th day of June or
the 31st day of December, shall have renewed such licence on or before the
last day of the next immediately succeeding month.

Licences Act CAP. 26.24 Section 14





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(2) Upon any conviction the court may, in addition to any penalty or other
punishment which it may inflict, order the convicted party to pay into court
such a sum, not exceeding the proper licence fee for one year payable in
respect of the profession, trade or calling on account of which the conviction
was obtained, as it may think the public revenue should have received from
the convicted party in respect of unpaid licence fees, and in default of
payment of such sum within such time (if any) as may be specified in the
order such convicted party shall be liable to be imprisoned for 3 months.

14 Accused must prove licence
In any prosecution under this Act charging any person with following or exercising
any profession, trade or calling, or doing any act without a licence, the charge shall
be held to be proved if it is shown to the satisfaction of the court that the accused did
actually follow or exercise the said profession, trade or calling or do the said act,
unless he can produce his licence in court or can show to the satisfaction of the court
that such licence was duly taken out.

15 Powers of police and revenue officers
(1) Any police officer or revenue officer may at all reasonable times —

(i) demand the production of any licence or certificate of
registration for inspection;

(ii) make any inquiries that he thinks fit to ascertain whether any
breach of the provisions of this Act has been committed;

(iii) on the authority of a search warrant issued by a justice of the
peace, enter into or upon any premises, building or vessel where
or in connection with which he has reason to believe that any
profession, trade or calling is being followed or exercised, or any
act is being done, in respect of which a licence is required to be
taken out, and search any such premises, building or vessel, and
demand the production of and inspect, and take copies of or
extracts from, any books or documents relating thereto.

(2) If any person obstructs or impedes any police officer or revenue officer in the
execution of his duty or refuses to answer any question reasonably put to him
by, or makes any false statement to, any police officer or revenue officer, or
refuses or fails without lawful excuse to produce any book, document or
licence which he is duly required to produce, he shall be liable to a penalty of
$20.

Section 16 CAP. 26.24 Licences Act





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16 Assisting, etc., commission of offence
If any person assists in, or procures the commission of, any offence against the
provisions of this Act, he shall be liable to be dealt with in the same manner as a
principal offender.

17 Disposal of fees, fines and penalties
(1) All licence fees due and payable under this Act within the area of authority of

a Kaupule shall be paid to and form part of the revenues of that Kaupule.

(2) All fines and penalties collected or paid under this Act shall be paid into the
Consolidated Fund.

18 Forms
All licences, certificates, returns and other documents of like nature to be issued or
furnished under this Act shall be in such form as the Minister may prescribe.

19 Regulations
The Minister may make regulations generally for the better carrying out of the
objects and purposes of this Act.



Licences Act CAP. 26.24 SCHEDULE 1





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SCHEDULE 12

NON-TRANSFERABLE LICENCES

(Section 3)

Annual fee

$

Auctioneer 20

Bicycle Owner 1.50

Commercial fisherman 20

Commission Agent 20

Hairdresser 2

Hawker 30

Insurance agent or company 30

Keeping entertainment premises (not required for traditional
entertainment)

20

Music or band hire 20

SCHEDULE 23

(Section 3)

TRANSFERABLE LICENCE

Annual fee

$

Bakery 10

Boarding house 30

Bus operator 30

Commercial confectionary and tobacconist 5

Commercial industry 100

SCHEDULE 2 CAP. 26.24 Licences Act





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Commercial piggery 20

Commercial poultry farm 20

Entertainment promoter (not required for traditional
entertainment)

25

Hotel 50

Keeping a shop or store 100

Keeping scales commercially 3

Providing refreshment commercially (teashop, milkbar,
snackbar, café, restaurant, selling icecream or ice-blocks)

15

Vehicle hire (including taxis and trailers) 20



1. The fee for any activity in Schedule 1 and 2 is the maximum that may be imposed.

2. Any such fee may be reduced for the area of a Kaupule (section 5(4).

3. Any person, persons or class of persons may be exempted from the payment in
whole or in part of any such fee (proviso to s. 3(1)).

The exemption may be made by the Minister in response to representations from
Kaupules or any other person as to which person or persons should be exempted.
As examples, payment might be partially exempted on grounds of old age, or on
the grounds that a business was mainly a family concern.



Licences Act CAP. 26.24 ENDNOTES





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ENDNOTES


11990 Revised Edition, Cap. 56 - Acts 15 of 1917, 4 of 1920, 6 of 1926, 1 of 1927, 7 of 1927, 3 of

1936, 1 of 1939, 8 of 1939, 4 of 1945, 1 of 1949 (Cap. 57 of 1952), 2 of 1952, 6 of 1957, 8 of
1957, 2 of 1960, 2 of 1961, 6 of 1964, 14 of 1964, 8 of 1968, 2 of 1969, 8 of 1971, 9 of 1971, 3
of 1972 (Cap. 56 of 1973), L.N. 16/74, 14 of 1974, L.N.42/75, 5 of 1982, Pt II

Amended by LN 4/1992
2 Amended by LN 4/1992
3 Amended by LN 4/1992