Miscellaneous Amendments (Privy Council) Act 2010 (No. 42 of 2010)

2010 Arrangement of Sections MISCELLANEOUS AMENDMENTS (PRIVY C T COUNCIL) ACT 2010 Arrangement of Sections Section

1 Short title, commencement .................................................................................... 5

2 Schedule 1 – Acts amended ................................................................................... 5

3 Schedule 2 – Subsidiary legislation amended ........................................................ 6

4 Similar consequential changes ............................................................................... 6 SCHEDULE 1 7 ACTS AMENDED 7 SCHEDULE 2 18 SUBSIDIARY LEGISLATION AMENDED 18 to Act No. 42 of 2010 Page 3 Miscellaneous Amendments (Privy Council) Act 2010 Section 1 C MISCELLANEOUS AMENDMENTS (PRIVY T COUNCIL) ACT 2010 Act No. 42 of 2010 AN ACT TO AMEND VARIOUS ACTS AND SUBSIDIARY LEGISLATION TO REFLECT THE CHANGED ROLE OF THE PRIVY COUNCIL IN THE CONSTITUTIONAL REFORMS OF 2010 I assent, GEORGE TUPOU V, 1st October 2010. BE IT ENACTED by the King and the Legislative Assembly of Tonga in the Legislature of the Kingdom as follows:

1 Short title, commencement (1) This Act may be cited as the Miscellaneous Amendments (Privy Council) Act 2010. (2) This Act shall come into force immediately after the commencement of the Act of Constitution of Tonga (Amendment) (No. 2) Act 2010.

2 Schedule 1 – Acts amended The various Acts listed in column 1 of Schedule 1 shall be amended as set out in the relevant entry in column 2 of Schedule 1. to Act No. 42 of 2010 Page 5 Section 3 Miscellaneous Amendments (Privy Council) Act 2010

3 Schedule 2 – Subsidiary legislation amended The subsidiary legislation listed in column 1 of Schedule 2 shall be amended as set out in the relevant entry in column 2 of Schedule 2.

4 Similar consequential changes If, beyond the amendments in this Act, any Act or subsidiary legislation or document contains a reference or role to or for the Privy Council that is no longer appropriate with the changed role of the Privy Council effected by the amendments to the Constitution and the Government Act made during 2010, then the King in Privy Council may, during the period of 12 months from the commencement of this Act make regulations having like effect, mutatis mutandis, to the amendments effected by this Act, for the purpose of amending any such Act or subsidiary legislation or document: Provided that regulations made under this section shall expire 6 months after they are made, and shall have no effect after that time unless replaced by the provisions of an Act. to Page 6 Act No. 42 of 2010 Miscellaneous Amendments (Privy Council) Act 2010 SCHEDULE 1 SCHEDULE 1 ACTS AMENDED Column 1 Column 2 Act How amended Animal Diseases Act In section 2, definition of “Minister” repeal “His Majesty in Council may appoint” and replace with “may be appointed” Animal Diseases Act In section 7(1) repeal “His Majesty's” Arms and Ammunition In section 2 definition of “prohibited area” repeal “Privy Act Council” and replace it with “Cabinet” Arms and Ammunition In section 48 repeal “Privy Council” and replace it with Act “Cabinet” Asian Development In section 12 repeal “Privy Council” and replace it with Bank Act “Cabinet” wherever it occurs Bills of Exchange Act In section 2 definition of “Non-business day” repeal “King in Council” and replace it with “Cabinet” Birds Preservation Act In section 4, 6 repeal “Privy Council” and replace it with “Cabinet” wherever it occurs Business Licences Act In section 21 repeal “His Majesty may by Order in Council,” and replace it with “Cabinet may by Order” Carriage by Air Act In section 3(2) repeal “His Majesty may by Order in Council” and replace it with “Cabinet may by Order” Carriage by Air Act In section 6 repeal “His Majesty may by Order in Council” and replace it with “Cabinet may by Order” Carriage by Air Act In section 7 repeal “His Majesty in Council” and replace it with “Cabinet”; repeal “in Council” Charitable Trusts Act Repeal section 11(3) and replace it with - “(3) No Board shall be registered with a name which contains the word “Royal”, or any other word which, in the opinion of the Registrar, is calculated to lead to the belief that the Board is under the ownership, control or patronage of – (a) His Majesty, without the consent of the King; (b) the Royal Family, without the consent of the King; and (c) the Government, without the consent of the Cabinet.” Civil Aviation Act In section 7(2)(k) repeal “His Majesty in Council” and replace it with “Cabinet” Civil Aviation Act In 9(1) repeal “His Majesty in Council” and replace it with to Act No. 42 of 2010 Page 7 SCHEDULE 1 Miscellaneous Amendments (Privy Council) Act 2010 Column 1 Column 2 Act How amended “Cabinet” Commissioner for In sections 3(1) and (2), repeal “His Majesty in Council” Public Relations Act wherever they appear, and replace it with “Cabinet” Commissioner for In sections 6 and 8(1) repeal “His Majesty in Council”, and Public Relations Act replace it with “Cabinet” Communications Act In section 20, 21, 22, 24, 25, 27, 28, 29(1), 84 repeal “His Majesty in Council” and replace it with “Cabinet” wherever it occurs Companies Act In section 286(1) and 399 repeal “His Majesty may by Order in Council,” and replace it with “Cabinet may by Order” Companies Act In section376(1) repeal “His Majesty may by Order in Council,” and replace it with “Cabinet may by Order” Companies Act In section 376(3) repeal “in Council” Consular Conventions In section 6 repeal “The King in Council” and replace it with Act “Cabinet” Consular Relations Act In section 1(2) repeal “in Council” Consular Relations Act In section 2(10) repeal “His Majesty in Council” and replace with “Cabinet by Order” Consular Relations Act In sections 3, 13(2), 13(4) and 14(3) repeal “His Majesty may by Order in Council” and replace it with “Cabinet may by Order” Consular Relations Act In sections 4(1), 4(2), 5, 6(1), 7, 11(2) and 13(1), repeal “His Majesty may by Order in Council” and replace it with “Cabinet may by Order” Consular Relations Act In section14(3) repeal “His Majesty may by Order in Council” and replace it with “Cabinet may by Order” Consular Relations Act In section 15 repeal “in Council” in the marginal note Consumption Tax Act In section 5(3)(a) repeal “Privy Council” and replace it with “Cabinet” Co-operative Societies In section 3 definition of “Minister” repeal “by His Majesty in Act Council” Copra Act In section 10 repeal “Privy Council” and replace it with “Cabinet” Criminal Offences Act In section 35, 38, 39, 91 repeal “Privy Council” and replace it with “Cabinet” wherever it occurs Criminal Offences Act In section 20, – Repeal “pending the decision of the Privy Council” and replace with “in such manner and place as it determines”; and Repeal subsection (2) to Page 8 Act No. 42 of 2010 Miscellaneous Amendments (Privy Council) Act 2010 SCHEDULE 1 Column 1 Column 2 Act How amended Criminal Offences Act In section 34 repeal “Prime Minister for submission to the” and replace with “King in” Criminal Offences Act In section 67(2) repeal “King in Council by Order in Council” and replace with “Cabinet by Order” Criminal Offences Act In section 72 repeal “King in Council” and replace it with “Cabinet” where it appears in the heading and in the section Customs Act In section 3(1) repeal “His Majesty in Council” and replace it with “Cabinet” Customs and Excise In section 45 repeal “His Majesty in Council” and replace it with Management Act “Cabinet” Defamation Act In section 9 insert “King in,” before “Privy Council,” Diplomatic Relations In sections 4(6)(a), 6 and 7 repeal “His Majesty may by Order in Act Council” and replace them with “Cabinet may by Order” District and Town In section 11 repeal “His Majesty in Council” and replace it with Officers Act “Cabinet” in both places it appears Education Act In section 6 repeal “His Majesty” and replace it with “the Legislative Assembly” Education Act In section 17, 29(5), 32(4), 40(3), 59 repeal “Privy Council” and replace it with “Cabinet” wherever it occurs Educational Films Act In section 3(6) repeal “Privy Council” and replace it with “Cabinet” Extradition Act In section 4(1) repeal “His Majesty” and replace it with “Cabinet”, and repeal “He may by Order in Council” and replace it with “Cabinet may by Order”. Extradition Act In sections 4(1) and 4(2) repeal “in Council” Extradition Act In section 7(2) repeal “in Council” Extradition Act In section 19 repeal “in council or order” in three places they occur Electricity Act 2007 In section 2 definition of “Minister” repeal “by His Majesty in Council” Electricity Act 2007 In section 6 repeal “his Majesty in Council” and replace it with “Cabinet” in both places it occurs Electricity Act 2007 In section 7 repeal “Privy Council” and replace it with “Cabinet” Emergency Fund Act In sections 4(1), 4(4), 5(2), and 7 repeal “and the consent of Privy

2008 Council” Emergency Powers Act In sections 2(1), 2(2), 2(2)(a), 2(3), 3(1), 3(3), immediately after the word “Council” wherever it occurs, insert the words “, on the to Act No. 42 of 2010 Page 9 SCHEDULE 1 Miscellaneous Amendments (Privy Council) Act 2010 Column 1 Column 2 Act How amended advice of the Prime Minister,”. Evacuation Act In section 2, in the English version only, repeal “His Majesty in Council” and replace it with “Cabinet”; and In the Tongan version only, repeal “’a ‘Ene ‘Afio ‘i ha taimi pe ke ne tu’utu’uni ‘i he Fakataha Tokoni” and replace it with “’a e Kapineti ‘i ha taimi pe ke ne tu’utu’uni” Evacuation Act In section 3 and 6 repeal “His Majesty in Council” and replace it with “Cabinet” wherever it occurs Evacuation Act In section 2, 4, 5, 6 , 7 repeal “in Council” wherever it occurs Evacuation Act In section 6, in the English version only, repeal “in Council” from the heading Evacuation of In the long title repeal “His Majesty in Council” and replace it Foreigners Act with “Cabinet” Evacuation of In section 2, 3, 5 repeal “His Majesty in Council” and replace it Foreigners Act with “Cabinet” wherever it occurs Excise Tax Act In section 3(1) repeal “His Majesty in Council” and replace it with “Cabinet” Explosives Act In section 4, 7, 8, 23 repeal “Privy Council” and replace it with “Cabinet” wherever it occurs Financial Institutions In section 88 repeal “Privy Council” and replace it with Act “Cabinet” Fire Service Act In section 14 repeal “Privy Council” and replace it with “Cabinet” Fonos Act In section 12 repeal “or Ordinance of the Privy Council” Foreign Exchange In sections 2 repeal “His Majesty in Council” and replace it with Control Act “Cabinet” Forests Act In section 3, 5 repeal “King in Council” and replace it with “Cabinet” wherever it occurs Harbours Act In section 32 repeal “Privy Council” and replace it with “Cabinet” Health Promotion In section 23 Repeal “Privy Council” and replace with “Cabinet” Foundation Act 2007 Health Services Act In section 7 insert after “His Majesty”, “and the Legislative Assembly” Income Tax Act In section 5(1), 6, 7(1) repeal “Privy Council” and replace it with to Page 10 Act No. 42 of 2010 Miscellaneous Amendments (Privy Council) Act 2010 SCHEDULE 1 Column 1 Column 2 Act How amended “Cabinet” wherever it occurs Income Tax Act In section 19(2) repeal “His Majesty in Council” and replace it with “Cabinet” Incorporated Societies In section 2 in the definition of “Regulations” repeal “King and Act Privy Council” and replace it with “the Minister” Incorporated Societies In section 12 repeal “Privy Council” and replace it with Act “Cabinet” wherever it occurs (including the heading) Incorporated Societies In section 32 repeal “His Majesty in Privy Council” and replace it Act with “Cabinet” wherever it occurs Incorporated Societies In section 36 repeal “in Council” Act Industrial Properties In section 2 definition of “Minister” repeal “by His Majesty in Act Council” Industrial Properties In section 37 repeal “His Majesty in Privy Council” and replace it Act with “Cabinet” in both places it occurs Interpretation Act Repeal section 4 Interpretation Act In section 20 repeal “proclaimed by His Majesty in Council”, and replace it with “declared by Cabinet” Interpretation Act In section 23(b) repeal “an order in council,” and replace it with “a” Interpretation Act In section 24(a) repeal “by His Majesty in Council and shall be deemed to include any Minister or member of Privy Council” and replace it with “and shall be deemed to include any Minister” Interpretation Act In section 24(b) repeal “by His Majesty in Council” Interpretation Act In section 25(a) repeal “or to a member of Privy Council acting for the time being for him and on his behalf” International In section 2, definition of “International Organisation”, repeal Organisations “His Majesty in Council” and replace it with “Cabinet” (Immunities and Privileges of Certain Officers) Act International In section 3(1) repeal “His Majesty in Council may by Order in Organisations Council” and replace it with “Cabinet may by Order” and repeal (Immunities and the words “in Council” Privileges of Certain Officers) Act International In section 3(2) repeal “in Council” Organisations (Immunities and Privileges of Certain Officers) Act International In section 3(3) repeal “His Majesty in Council” and replace with Organisations “Cabinet may by Order” (Immunities and to Act No. 42 of 2010 Page 11 SCHEDULE 1 Miscellaneous Amendments (Privy Council) Act 2010 Column 1 Column 2 Act How amended Privileges of Certain Officers) Act International In section 4 repeal “in Council” wherever they occur Organisations (Immunities and Privileges of Certain Officers) Act Manufacture of In section 4(1), 11(1) repeal “Privy Council” and replace it with Intoxicating Liquor Act “Cabinet” wherever it occurs Mental Health Act In section 79 repeal “pending the decision of the Privy Council under section 20 of the Criminal Offences Act” Mental Health Act In section 80 repeal “Privy Council” in the heading and in the section, and replace it with “Supreme Court” Mental Health Act In section 82 repeal “Privy Council” and replace it with “Supreme Court” Metrication Act In section 2, definition of “Minister” repeal “or such Minister as the Privy Council may appoint to be responsible for the time being for the performance of duties under this Act” Metrication Act In sections 5, 7 and 9 repeal “His Majesty in Council” and replace it with “Cabinet” wherever it occurs Metrication Act In section 9 repeal “Privy Council” and replace it with “Cabinet” in the heading Metrication Act In section 10 repeal “Privy Council” and replace it with “Cabinet” Minerals Act In sections 4, 5, 6, 7, 8, 11, 14 and 17 repeal “His Majesty in Council and replace with “Cabinet” where ever they occur Minerals Act In section 9 repeal “His Majesty in Council and replace with “Cabinet” Nationality Act In section 8B(2) repeal “His Majesty in Privy Council” and replace it with “Cabinet” National Reserve Bank In section 5, 6(2), 15, 30, 34, 39(1), 41, 43, 48 repeal “His of Tonga Act Majesty in Council” and replace it with “Cabinet” wherever it occurs National Reserve Bank In section 10, 11, 12, 31, 33, 40, 50, 53, 54, 57, 60, 61 repeal of Tonga Act “His Majesty in Council” and replace it with “Cabinet” wherever it occurs National Reserve Bank In section 13, 31(2), 48(2), 48(3), 50(5), 50A, 54(3), repeal of Tonga Act “Privy Council” and replace it with “Cabinet” wherever it occurs National Reserve Bank Repeal section 58 and replace it with - of Tonga Act “No financial institution shall hereafter be authorized to do banking business in the Kingdom by a name which includes any of the words “Central”, “National”, “Reserve”, “State”, “Tonga”, to Page 12 Act No. 42 of 2010 Miscellaneous Amendments (Privy Council) Act 2010 SCHEDULE 1 Column 1 Column 2 Act How amended or their equivalent in any other language without the consent of Cabinet; nor by a name which includes any of the words “Royal” or “Kingdom”, or their equivalent in any other language without the consent of the King in Privy Council.”. Notaries Public Act In sections 3 and 5 repeal “Privy Council” and replace it with “Attorney General” wherever it occurs Notaries Public Act In section 3(1) repeal “, acting on the recommendation of the Prime Minister” Noxious Weeds Act In section 2 definition of “noxious weed” repeal “Privy Council” and replace it with “Cabinet” Noxious Weeds Act In section 3 repeal “Privy Council” and replace it with “Cabinet” Order in Public Places In section 3 repeal the Proviso to the definition of “indecent Act exposure” Parks and Reserves Act In section 3, 4(1), 5 repeal “Privy Council” and replace it with “Cabinet” where it occurs Passport Act In section 10 repeal “His Majesty in Council” and replace with “Cabinet” Passport Act In section 10A, 25, 29 and 32 repeal “His Majesty in Council” and replace it with “Cabinet” wherever it occurs Passport Act In sections 24(b), 32(6) and 34 repeal “Privy Council” and replace it with “Cabinet” wherever it appears Pensions Act In section 3, 6, 7, 13 and 14 repeal “Privy Council” and replace it with “Cabinet” wherever it occurs Pensions Act In section 4 repeal “His Majesty with the consent of the Privy Council” and replace it with “Cabinet”; and in the heading replace “Privy Council” with “Cabinet” Pensions Act In section 10(1) and (2) repeal “His Majesty may with the consent of Privy Council” and replace it with “Cabinet may” Pensions Act In section 15, 16 and 17 repeal “His Majesty in Council” and replace it with “Cabinet” Petroleum Act In section 3 and 10 repeal “His Majesty in Council” and replace it with “Cabinet” wherever it occurs Petroleum Act In section 9 repeal “His Majesty in Council” and replace it with “Cabinet in accordance with the law”; and repeal “he” and replace with “it” Petroleum Mining Act In section 2, definition of “petroleum mining”, repeal “His Majesty in Council” and replace with “Cabinet” Petroleum Mining Act In sections 4(2), 5, 6, 7, 8, 9, 11 and 12 repeal “His Majesty in Council” wherever it occurs and replace it with “Cabinet” to Act No. 42 of 2010 Page 13 SCHEDULE 1 Miscellaneous Amendments (Privy Council) Act 2010 Column 1 Column 2 Act How amended Plant Quarantine Act In section 3, 7 repeal “Privy Council” and replace it with “Cabinet” wherever it occurs Police Act In section 65 repeal “His Majesty in Council” and replace it with “Cabinet” in both places Postal Services Act In section 29 Repeal “Privy Council” and replace with “Cabinet” 2006 Pounds and Animals In section 3 repeal “Privy Council” and replace it with “Cabinet” Act Price and Wage Control In section 4, 24(1), 25 repeal “His Majesty in Council” and Act replace it with “Cabinet” wherever it occurs Prisons Act In section 4 repeal “His Majesty may by Order in Council” and replace it with “Cabinet may by Order” Prisons Act In section 17, 37, 38 repeal “His Majesty in Council” and replace it with “Cabinet” wherever it occurs Probate Act In section 12 repeal “His Majesty in Council” and replace it with “the Minister” Prohibited Publications In section 3 repeal “His Majesty in Council” and replace it with Act “Cabinet” wherever it occurs Prohibited Publications In section 3(3) repeal “in Council” Act Public Enterprises Act In section 5(5), 8(2), 9(1), 10(1), 12, 14, 22(1) repeal “Privy Council” and replace it with “Cabinet” wherever it occurs Public Finance In section 7(1) repeal “Privy Council through” Management Act Public Finance In section 7(2), 12(2), 12(3), 24, 26(3), 31(1), and 31(3), repeal Management Act “Privy Council” and replace it with “Cabinet” wherever it occurs Public Holidays Act In section 2(b) repeal “His Majesty in Council” and replace it with “Cabinet” Public Holidays Act In section 4 repeal “His Majesty by Order in Council” and replace it with “Cabinet by Order” in both places Public Holidays Act In section 4 repeal “in Council” from the heading Public Holidays Act In section 5 repeal “in Council” Public Order In section 3(6) insert “the King in” before “Privy Council” (Preservation) Act Public Service Act In section 8(2) repeal “Privy Council” and replace it with “Cabinet” to Page 14 Act No. 42 of 2010 Miscellaneous Amendments (Privy Council) Act 2010 SCHEDULE 1 Column 1 Column 2 Act How amended Radiocommunication In section 6, 7(3) repeal “King in Council” and replace it with Act “Cabinet” wherever it occurs Queen Salote Jubilee In section 2 repeal “Treasurer” and replace it with “Ministry of Scholarship Fund Act Education” Queen Salote Jubilee In section 2 repeal “, upon being so directed by His Majesty in Scholarship Fund Act Council,” Queen Salote Jubilee In section 2 repeal “His Majesty in Council” and replace it with Scholarship Fund Act the words “Minister for Education” Queen Salote Jubilee In section 3 repeal “His Majesty in Council” and replace it with Scholarship Act “Cabinet” Queen Salote Jubilee In section 5 repeal “Minister of Education with the consent of His Scholarship Fund Act Majesty’s Privy Council” and replace them with “Minister for Education with the consent of Cabinet” Reciprocal In section 3(1) and 3(4) repeal “King” and replace it with Enforcement of “Cabinet” wherever it occurs Judgments Act Reciprocal In section 10 repeal “King” and replace it with “Cabinet” Enforcement of wherever it occurs Judgments Act Reciprocal In section 3(1) repeal “He” and replace it with “Cabinet” Enforcement of Judgments Act Reciprocal In section 3 and 10 repeal “in Council” wherever it occurs Enforcement of Judgments Act Registration of In section 17(3) repeal “Privy Council” and replace it with “the Business Names Act King” Retirement Fund Act In section 12 repeal “His Majesty with the consent of the Privy Council” and replace it with “Cabinet” Retirement Fund Board In section 7(1) repeal “Privy Council” and replace it with Act “Cabinet” Rhinoceros Beetle Act In section 10 repeal “Privy Council” and replace it with “Cabinet” (including in the heading) Royal Arms and Flag In section 2 and 6 repeal “His Majesty in Council” and replace it Act with “Cabinet” wherever it occurs Royal Commissions In section 2, after the word “may” insert the words “on the advice Act of the Prime Minister”. Shipping (Limitation of In section 7(1) repeal “in Council” and insert “of Cabinet” to Act No. 42 of 2010 Page 15

SCHEDULE 1 Miscellaneous Amendments (Privy Council) Act 2010 Column 1 Column 2 Act How amended Liability) Act Shipping (Limitation of In section 8(2) repeal “-in-Council” and insert “of Cabinet” Liability) Act Telegraph Act In section 3 repeal “His Majesty in Council” and replace it with “Cabinet” Tonga Communications In section 11, 13 repeal “His Majesty in Council” and replace it Corporation Act with “Cabinet” wherever it occurs Tonga Development In section 7(1)(x) repeal “or Ordinance” and “in Council” Bank Act Tonga Development In section 8(1), 9(1) repeal “His Majesty in Council” and replace Bank Act it with “Cabinet” wherever it occurs Tonga Law In section 19(3) repeal “His Majesty in Council” and replace it Commission Act 2007 with “Cabinet” Tonga Law In section 4(1) and 29(2) repeal “Privy Council” and replace it Commission Act 2007 with “the Cabinet” Tonga Sports Council In section 2 definition of “Chairman” and “Deputy Chairman” Act repeal “His Majesty in Privy Council” and replace it with “Cabinet” Tonga Sports Council In section 5, 12(2), 14 repeal “His Majesty in Privy Council” and Act replace it with “Cabinet” wherever it occurs Tonga Trust Fund Act In section 3, 4, 5 and 7 repeal “His Majesty in Council” and replace it with “Cabinet” wherever it occurs Tonga Water Board Act In section 5(2), 7(a), 17, 21, 65 repeal “His Majesty in Council” and replace it with “Cabinet” wherever it occurs Tonga Water Board Act In the Schedule, section 6 repeal “His Majesty in Council” and replace it with “Cabinet” wherever it occurs Tourist Act In section 6(h), 6(i), 29(1) repeal “His Majesty in Council” and replace it with “Cabinet” Tourist Act In section 26, 28 repeal “His Majesty in Council” and replace it with “Cabinet” Tourist Act In section 22 repeal “or by His Majesty by Order in Council” and replace with “or by Cabinet” Trading with the In section 2, definition of “enemy territory”, repeal “His Majesty Enemy Act in Council” and replace it with “Cabinet” Trading with the In section 4(2) repeal “His Majesty may by Order in Council” Enemy Act and replace it with “Cabinet may by Order” Transfer of Prisoners In section 15 repeal “His Majesty in Council” and replace it with to Page 16 Act No. 42 of 2010 Miscellaneous Amendments (Privy Council) Act 2010 SCHEDULE 1 Column 1 Column 2 Act How amended Act “Cabinet” Vessels Replacement In section 2, 4 repeal “Privy Council” and replace it with Fund Act “Cabinet” wherever it occurs Weights and Measures In section 2 definition of “Minister” repeal “whom Privy Council Act may appoint” and replace it with “who may be appointed” Weights and Measures In section 3(1), 16 repeal “Privy Council” and replace it with Act “Cabinet” wherever it occurs Westpac Bank of Tonga In section 7(1)(ii) repeal “in Council” Act Wharves Act In section 5, 16 repeal “His Majesty the King may from time to time by Order in Council” and replace it with “Cabinet may by Order” Wharves Act In section 5 repeal “in Council” to Act No. 42 of 2010 Page 17 SCHEDULE 2 Miscellaneous Amendments (Privy Council) Act 2010

SCHEDULE 2 SUBSIDIARY LEGISLATION AMENDED Column 1 Column 2 Subsidiary Legislation How amended Diseases of Plants In regulations 59 and 63 repeal “Privy Council” and replace it with Regulations “Cabinet” wherever it occurs Medical Services In regulation 3 repeal “Privy Council” and replace it with (Detained Patients) “Cabinet” Regulations Medical Services In regulation 2 repeal “Privy Council” and replace it with Regulations “Cabinet” wherever it occurs National Reserve Bank of In regulation 10(1) repeal “His Majesty in Council” and replace it Tonga (Currency) with “Cabinet” Regulations Pensions Regulations In regulations 1, 4, 7, 18, 22 and 23(6) repeal “Privy Council” and replace it with “Cabinet” Petroleum Mining In regulations 4 and 58(3) repeal “His Majesty in Council” and Regulations replace it with “Cabinet” Petroleum Mining In regulation 60, repeal “His Majesty's” Regulations Petroleum Regulations In regulation 3 definition of “protected works” repeal “His Majesty in Council” and replace it with “Cabinet” Prison Rules In rules 192 and 194 repeal “His Majesty in Council” and replace it with “Cabinet” wherever it occurs Prison Rules In Schedule 2 repeal “His Majesty in Council” and replace it with “Cabinet” Tongan National Passport In sections 1, 2 and 3 repeal “Privy Council” and replace it with Fees Notice “Cabinet” wherever it occurs Passed in the Legislative Assembly this 22nd day of September 2010. to Page 18 Act No. 42 of 2010