Statute Law (Miscellaneous Provisions) Act No. 2 of 2021

1 Amendment ................................................................................................2

2 Repeal of the Act ........................................................................................3

3 Commencement..........................................................................................3

SCHEDULE 4 Statute Law (Miscellaneous Provisions) Act No. 2 of 2021 1 REPUBLIC OF VANUATU Assent: 07/05/2021 Commencement: 12/05/2021 STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT NO. 2 OF 2021 An Act to provide for the amendments to certain Acts. Be it enacted by the President and Parliament as follows- 1 Amendment The following Acts are amended as set out in the Schedule: (a) Business Licence Act [CAP 249]; (b) Decentralization Act [CAP 230]; (c) Foreign Service Act No. 20 of 2013; (d) Geothermal Act No. 40 of 2019; (e) Government Contracts and Tenders Act [CAP 245]; (f) Industrial Development Act No. 19 of 2014; (g) Passport Act No. 20 of 2009; (h) Penal Code Act [CAP 135]; (i) Public Holidays Act [CAP 114]; (j) Public Roads Act No. 35 of 2013; (k) Public Service Act [CAP 246]; (l) Quarantine Act [CAP 1]; (m) Road Traffic (Control) Act [CAP 29]; Statute Law (Miscellaneous Provisions) Act No. 2 of 2021 2 (n) State Law Office Act [CAP 242]; (o) Supply of Electricity (Districts) Act [CAP 96]; (p) Teaching Service Act No. 38 of 2013; (q) Trademarks Act No. 1 of 2003; (r) Water Resources Management Act [CAP 281]. 2 Repeal of the Act (1) This Act is repealed on the day following the day on which all provisions of this Act have commenced. (2) The repeal of this Act does not, because of the operation of section 11 of the Interpretation Act [CAP 132], affect any amendments made by this Act. 3 Commencement (1) Subject to subsection (2), this Act commences on the day on which it is published in the Gazette. (2) Amendments (b) and (c) in item 1 relating to the Business Licence Act [CAP 249], is taken to have commenced on 1 January 2020. (3) Amendments in item 4 relating to the Geothermal Act No. 40 of 2019is to commence on the date on which the Geothermal Act No. 40 of 2019 is published. Statute Law (Miscellaneous Provisions) Act No. 2 of 2021 3 SCHEDULE MINOR AMENDMENTS SCHEDULE MINOR AMENDMENTS 1 BUSINESS LICENCE ACT [CAP 249] (a) After subsection 18(5) Insert “(6) Despite the provisions of this Act or any other Act, all owners of businesses are exempted from paying the business licence fee for the year ending 31 December 2020. (7) If the owner of a business has paid the business licence fee for the year ending 31 December 2020 on or before 31 March 2020: (a) that person is exempted from paying the business licence fee until 31 December 2021; and (b) that person is not entitled to a refund or credit for the amount exempted. (8) To avoid doubt: (a) subsection (6) does not apply to Category F1 of Schedule 1; and (b) subsection (7) applies to a person who has paid the business licence fee in part or in whole.” (b) Section 18A Repeal the section. (c) Schedule 1, Column 2, Class F, Category F1, Commercial Banks Delete “7.00% of turnover for the licencing year subject to a minimum fee of 5,500,000”, substitute “5.00% of turnover for the licensing year subject to a minimum fee of 5,000,000” Statute Law (Miscellaneous Provisions) Act No. 2 of 2021 4 SCHEDULE MINOR AMENDMENTS 2 DECENTRALIZATION ACT [CAP 230] (a) References to Chairman Delete “Chairman” (wherever occurring), substitute “President” (b) References to Deputy Chairmen, Deputy Chairman or Vice Chairman Delete “Deputy Chairmen”, “Deputy Chairman” or “Vice Chairman” (wherever occurring), substitute “Vice President” 3 FOREIGN SERVICE ACT NO. 20 OF 2013 Subsection42B(2) Delete “, the Director General of the Director General,”, substitute “or the Director General” 4 GEOTHERMAL ACT NO. 40 OF 2019 (a) After paragraph 5(1)(g) Insert “(ga) a representative of the Malvatumauri Council of Chiefs nominated by the President of the Malvatumauri Council of Chiefs; and” (b) Subsection 5(2) Delete “(1)(h)”, substitute “(1)(ga), (h)” (c) Subsection 7(4) Delete “4”, substitute “6” (d) After paragraph 28(1)(g) Insert “(ga) a representative of the Malvatumauri Council of Chiefs nominated by the President of the Malvatumauri Council of Chiefs; and” (e) Subsection 28(2) Delete “(1)(h)”, substitute “(1)(ga), (h)” (f) Subsection 30(4) Delete “4”, substitute “6” Statute Law (Miscellaneous Provisions) Act No. 2 of 2021 5 SCHEDULE MINOR AMENDMENTS 5 GOVERNMENT CONTRACTS AND TENDERS ACT [CAP 245] Subsection 11(4) Delete “Public Service Commission”, substitute “Government Remuneration Tribunal” 6 INDUSTRIAL DEVELOPMENT ACT NO. 19 OF 2014 (a) Subsection 4(4) Delete “5 years”, substitute “1 year” Transitional A person who has been issued with a permit before the commencement of this Act, must renew that permit within a period of 6 months from the commencement of this Act. (b) Paragraph 13(3)(e) Delete “indigenous brands for manufactured products”, substitute “brands for products made, grown, produced or designed in Vanuatu” 7 PASSPORT ACT NO. 20 OF 2009 After section 7 Insert “Division 1A -Authorisation to receive Vanuatu Passports 7A. Authorisation to receive Vanuatu passports (1) A person may authorise another person, in writing, to receivehis or her Vanuatu passport. (2) An officer must not give a Vanuatu passport to a person under subsection (1), unless that person gives to the officer the written authorisation to receivethe passport. (3) A person is deemed to have received his or her Vanuatu passport once the authorised person receives the passport from the officer.” 8 PENAL CODE [CAP 135] (a) After section 114 Insert Statute Law (Miscellaneous Provisions) Act No. 2 of 2021 6 SCHEDULE MINOR AMENDMENTS “114A. Threatening language (1) A person must not use threatening: (a) written, spoken or automated words; or (b) gestures, towards another person. (2) A person who fails to comply with subsection (1), commits an offence punishable on conviction to imprisonment for a term not exceeding 3 years.” (b) Sections 120 and 121 Repeal the sections, substitute “120. Criminal Libel (1) A person must not make a false written representation on any public platform that is likely to: (a) expose another person to public hatred, contempt, or ridicule; or (b) injure that person’s profession, reputation, office, business, trade or occupation. (2) In addition to subsection (1), the person must not make a false written representation on any public platform: (a) knowing that the matter is false; or (b) being reckless as to whether or not the matter is false. (3) A person who contravenes subsections (1) and (2) commits an offence, punishable on conviction, by imprisonment for a term not exceeding 3 years. (4) For the purposes of this section: Statute Law (Miscellaneous Provisions) Act No. 2 of 2021 7 SCHEDULE MINOR AMENDMENTS false written representation means any representation that is untrue or misleading made in writing or by use of pictures; public platform includes newspapers, magazines, internet websites, social networking sites, blog sites and any other similar platforms available for public viewing. 121. Criminal Slander (1) A person must not use any false representation on any public platform that is likely to: (a) expose another person to public hatred, contempt, or ridicule; or (b) injure that person’s profession, reputation, office, business, trade or occupation. (2) In addition to subsection (1), the person must not use any false representation on any public platform: (a) knowing that the matter is false; or (b) being reckless as to whether or not the matter is false. (3) A person who contravenes subsections (1) and (2) commits an offence, punishable on conviction, by imprisonment for a term not exceeding 3 years. (4) For the purposes of this section: false representation means any representation that is untrue or misleading made in an oral statement or by reproduced audio or video recordings; public platform includes television, radio, internet websites, social networking sites and blog sites and any other similar platforms available for public viewing.” Statute Law (Miscellaneous Provisions) Act No. 2 of 2021 8 SCHEDULE MINOR AMENDMENTS 9 PUBLIC HOLIDAYS ACT [CAP 114] (a) Paragraph 7(c) Delete “.”, substitute “; (d) any other businesses as may be prescribed.” (b) After section 7 Insert “8. Regulations The President may, on the advice of the Prime Minister, make Regulations: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for the better carrying out or giving effect to the provisions of this Act.” 10 PUBLIC ROADS ACT NO. 35 OF 2013 Subsection 3(4) Repeal the subsection. 11 PUBLIC SERVICE ACT [CAP 246] Paragraph19B(4)(a) Delete “21”, substitute “45” 12 QUARANTINE ACT [CAP 1] Section 1 (Definition of “communicable disease”) Repeal the definition, substitute ““communicable disease” has the same meaning as “notifiable disease” defined in the Public Health Act [CAP 234];” 13 ROAD TRAFFIC (CONTROL) ACT [CAP 29] (a) Section 16 Repeal the section, substitute Statute Law (Miscellaneous Provisions) Act No. 2 of 2021 9 SCHEDULE MINOR AMENDMENTS “16. Driving under influence of alcohol or drugs (1) For the purpose of this section, “breathalyser” means a device used for measuring the amount of alcohol or drugs taken from a sample of that person’s breath. (2) A person must not drive a vehicle on a road while he or she is under the influence of alcohol or drugs. (3) If a police officer suspects that a person is driving a vehicle under the influence of alcohol or drugs, the police officer must: (a) stop the vehicle; and (b) conducta breathalyser test on thatperson. (4) If the person under subsection (3) is tested with alcohol or drugs content level of at least 0.03 percent, the police officer must: (a) detain the vehicle; and (b) arrest the driver without a warrant. (5) The police officer must: (a) release the personfrom custody once the driver’s content level of alcohol or drugs is below 0.03 percent; and (b) release the vehicle if he or she is satisfied that thevehicle documents meet the requirements under this Act.” (b) After subsection 34(2) Insert “(2A) Despite the provisions of this Act or any other Act, all owners of vehicles are exempted from paying annual tax for the year ending 31 December 2020. (2B) If a person has paid annual tax for the year ending 31 December 2020 on or before 31 March 2020: Statute Law (Miscellaneous Provisions) Act No. 2 of 2021 10 SCHEDULE MINOR AMENDMENTS (a) that person is exempted from paying the annual tax until 31 December 2021; and (b) that person is not entitled to a refund or credit for the amount exempted.” (c) Subsection 53(1) Delete “10,000”, substitute “20,000” 14 STATE LAW OFFICE ACT [CAP 242] Subsection 18(1) Delete “and appointed by the Judicial Service Commission” 15 SUPPLY OF ELECTRICITY (DISTRICTS) ACT [CAP 96] (a) Subsections 1(2) and 8(2), and sections 5, 11, 13, 14, 15 and 16 Delete “Public Works” (wherever occurring), substitute “Energy” (b) Subsection 1(1) Repeal the subsection, substitute “(1) In this Act, unless the contrary intention appears: “Authority” means the Utilities Regulatory Authority established under the Utilities Regulatory Authority Act No. 11 of 2007; “subscriber” means the occupant of any property, whether built on or not, which is connected to the public electricity supply.” (c) Subsection 2(1) Delete “shall be those shown in the tariff set forth in the schedule”, substitute “is to be set out by the Authority” (d) Subsection 2(2) Repeal the subsection. (e) Sections 5 and 6 Delete “forth in the Schedule”, substitute “out by the Authority” Statute Law (Miscellaneous Provisions) Act No. 2 of 2021 11 SCHEDULE MINOR AMENDMENTS (f) Subsection 8(3) Repeal the subsection, substitute “(3) Accounts in respect of the amount of electricity consumed must be addressed to subscribers in a monthly period and such accounts must be settled within 15 days of receipt.” (g) Subsection 9(1) Delete “30”, substitute “15” (h) Subsection 9(2) Delete “given in the tariff set forth in the Schedule”, substitute “ to be set out by the Authority” (i) Subsection 10(3) Delete “Public Works Department”, substitute “Department of Energy” (j) Section 11 Delete “Commissioner”, substitute “Engineer” 16 TEACHING SERVICE ACT NO. 38 OF 2013 Section 4 (Definitions of “Education Authority”, “principal”, “Provincial Education Board”, “Provincial Education Officer” and “school”) Delete “Education Act [CAP 272]”, substitute “Education Act No. 9 of 2014” 17 TRADEMARKS ACT NO 1. OF 2003 Section 18 Delete “28”, substitute “90” 18 WATER RESOURCES MANAGEMENT ACT [CAP 281] (a) Subsection 26(1) Delete “Director may in writing”, substitute “Minister may in writing, on the advice of the Director,” (b) Paragraphs 26(2)(d) and (3)(a) and subsection 26(5) Delete “Director”, substitute “Minister” Statute Law (Miscellaneous Provisions) Act No. 2 of 2021 12