Copra Act (Cap. 44.10)

2008 Revised Edition CAP. 44.10 COPRA ACT Copra Act CAP. 44.10 Arrangement of Sections 2008 Revised Edition Page 3 COPRA ACT Arrangement of Sections Section 1 Short title................................................................................................................ 5 2 Interpretation.......................................................................................................... 5 3 Minister's power to specify certain coconut products for purposes of Act ............ 5 4 Minister to designate co-operative society for purposes of Act............................. 5 5 Designated society to purchase copra of fair merchantable grade and specified coconut products..................................................................................... 6 6 Prohibition of export of specified coconut products.............................................. 6 7 Regulations ............................................................................................................ 6 8 Assets and liabilities of designated society............................................................ 6 Supporting Documents ENDNOTES 8 Copra Act CAP. 44.10 Section 1 2008 Revised Edition Page 5 COPRA ACT AN ACT TO REGULATE AND CONTROL THE MARKETING OF COPRA AND OTHER SPECIFIED COCONUT PRODUCTS1 Commencement [4th May 1977] 1 Short title This Act may be cited as the Copra Act. 2 Interpretation In this Act — “copra of fair merchantable grade” means copra of a standard prescribed by regulations made under section 7; “the designated society” means the society designated under section 4; “specified coconut products” means such products of the coconut as may be specified under section 3. 3 Minister's power to specify certain coconut products for purposes of Act The Minister may by notice specify particular products of the coconut for the purposes of this Act. 4 Minister to designate co-operative society for purposes of Act The Minister shall by notice designate a society registered under the Co-operative Societies Act2 for the purposes of this Act. Section 5 CAP. 44.10 Copra Act 2008 Revised Edition Page 6 5 Designated society to purchase copra of fair merchantable grade and specified coconut products (1) The designated society shall purchase all copra of fair merchantable grade and all specified coconut products (other than copra if it has been specified under section 3) produced in Tuvalu and offered and delivered to the society. (2) Subsection (1) shall not apply in respect of copra of fair merchantable grade or any specified coconut product designated by notice by the Minister produced in such parts of Tuvalu as the Minister may by notice designate for the purpose of this section. (3) The Minister may by notice suspend the operation of subsection (1) in respect of copra of fair merchantable grade or any specified coconut product designated by him by notice for such period as he shall specify. 6 Prohibition of export of specified coconut products (1) No person other than the designated society shall export any specified coconut product except — (a) an agent of the designated society acting on its behalf; or (b) any other person authorised in writing by the designated society with the approval of the Minister to do so. (2) Notwithstanding subsection (1), a person authorised in writing by the Minister to do so may export any specified coconut product designated by notice by the Minister produced in such parts of Tuvalu as the Minister may by notice designate for the purposes of this section. 7 Regulations The Minister may make regulations — (a) prescribing the standard of copra of fair merchantable grade; (b) generally for the better carrying into effect of the provisions, objects and intentions of this Act. 8 Assets and liabilities of designated society (1) On the day the Minister designates a co-operative society under section 4 there shall vest in the designated society by virtue of this subsection and without any further assurance both the fund consisting of the moneys paid to the Government under the provisions of section 9 of the Copra and Other Specified Coconut Products (Marketing Control) Act 19753 and all immovable and movable property which vested in the Government by virtue of section 10 of the said Act together with all rights, interests, obligations and liabilities attaching thereto. Copra Act CAP. 44.10 Section 8 2008 Revised Edition Page 7 (2) Where by operation of this section any right or liability becomes a right or liability of the designated society, the society and all other persons shall have the same rights, powers and remedies for ascertaining, perfecting or enforcing that right or liability as they would have had if it had been at all times a right or liability of the designated society and any legal proceedings pending on the day the society is designated by or against the Government in respect of the assets and liabilities specified in subsection (1) shall be continued by or against the designated society. ENDNOTES CAP. 44.10 Copra Act 2008 Revised Edition Page 8 ENDNOTES 1 1990 Revised Edition, Cap. 44 – Act 2 of 1977 2 Cap. 40.20 3 Act 12 of 1975