Constitution Amendment Act (No.1) (No. 8 of 2017)

5. Transitional Provision Schedule __________ 2017, No. 8 AN ACT to amend the Constitution of the Independent State of Samoa 1960 (“Constitution”). [06th June 2017] BE IT ENACTED by the Legislative Assembly of Samoa in Parliament assembled as follows: 2 Constitution Amendment Act (No.1) 2017, No. 8

1. Short title and commencement: (1) This Act may be cited as the Constitution Amendment Act (No.1) 2017. (2) This Act commences on the date of assent by the Head of State.

2. Article 41A repealed: Article 41A of the Constitution is repealed.

3. Article 41 amended: For Article 41 of the Constitution, substitute: “41. Attorney-General: (1) The Head of State, acting on the advice of the Prime Minister, shall appoint an Attorney-General, who shall be a person qualified to be a Judge of the Supreme Court. (2) The Attorney-General shall advise on legal matters referred to him by the Head of State, Cabinet, the Prime Minister or a Minister and shall have power, exercisable in his discretion, to institute, conduct or discontinue any proceedings for an offence alleged to have been committed. (3) The Attorney-General shall have a right of audience in, and shall take precedence over any other person appearing before, any Court or tribunal. 2017, No. 8 Constitution Amendment Act (No.1) 3 (4) The powers of the Attorney-General may be exercised by him in person or by officers subordinate to him, acting under and in accordance with his general or special instructions. (5) The Attorney-General shall hold office for such term or terms and under such conditions as may be determined by the Head of State, acting on the advice of the Prime Minister.”.

4. Consequential amendments: (1) The National Prosecution Office Act 2015 is repealed. (2) The Acts set out in the Schedule are amended. (3) Upon the commencement of the Evidence Act 2015, the Criminal Procedure Act 2016 and the Sentencing Act 2016, all references to the Director of Public Prosecutions is to be omitted and substituted with the Attorney General. 4 Constitution Amendment Act (No.1) 2017, No. 8 SCHEDULE (4(2)) CONSEQUENTIAL AMENDMENTS TO OTHER ACTS No. Act amended Section amendment amended Attorney s5 for subsection (2), after General’s Office paragraph (a), insert: Act 2013 “(b) a Prosecution Division to carry out the following functions - (i) to institute and conduct criminal proceedings; (ii) to provide legal opinions on criminal matters; (iii) to carry out other functions assigned to it by the Attorney General or other prescribed functions;” 2017, No. 8 Constitution Amendment Act (No.1) 5 No. Act amended Section amendment amended s7 for subsection (5), insert “Prosecution Division” after subsection (1) insert: “(2) The Attorney General and prosecutors in the Prosecution Division (including other persons authorised by the Attorney General) are not subject to the direction of any other person (except any direction of a court) when carrying out the functions under Article 41 of the Constitution (including statutory or common law function): (a) to institute, conduct or discontinue any 6 Constitution Amendment Act (No.1) 2017, No. 8 No. Act amended Section amendment amended proceedings for an offence alleged to have been committed; or (b) in relation to any matter relating to an offence or a criminal matter.”. Audit Act 2013 s26 For subsection (8), for “Director of Public Prosecutions to prosecute or to the Attorney General to institute civil proceedings” substitute “Attorney- General to prosecute or institute civil proceedings” Chemical s3 For subsection (4), Weapons Act omit 2010 “Director of Public Prosecutions” and substitute “Attorney General” For subsection (5), omit “Director of Public Prosecutions” 2017, No. 8 Constitution Amendment Act (No.1) 7 No. Act amended Section amendment amended and substitute “Attorney General’s” Civil Aviation s119 omit “Director of Act 1998 Public Prosecutions” and “Director of Public Prosecutions” and substitute “Attorney General’s” and “Attorney General” respectively. Cluster s4 For subsection (4), Munitions omit “Director of Prohibition Act Public Prosecutions” 2012 and substitute “Attorney General” For subsection (5), omit “Director of Public Prosecutions” and substitute “Attorney General’s” Copyright Act s27 For subsection (4), 1998 omit “Director of Public Prosecutions” and substitute “Attorney General” Coroners s7 omit “Director of Ordinance 1959 Public Prosecutions” and substitute 8 Constitution Amendment Act (No.1) 2017, No. 8 No. Act amended Section amendment amended “Attorney General” appearing 3 times s24 omit “Director of Public Prosecutions” and substitute “Attorney General” Counter s60 For heading and Terrorism Act subsection (1), omit 2014 “Director of Public Prosecutions” and substitute “Attorney General” Crimes Act 2013 s2 For definition of “prosecutor” omit “Director of Public Prosecutions” and “Director of Public Prosecutions” and substitute “Attorney General” and “Attorney General’s” respectively” s81 For subsection (5), omit “Director of Public Prosecutions” and substitute “Attorney General” 2017, No. 8 Constitution Amendment Act (No.1) 9 No. Act amended Section amendment amended s82 For subsection (4) omit “Director of Public Prosecutions” and substitute “Attorney General” s135 For the heading and subsections (3), omit “Director of Public Prosecutions” and substitute “Attorney General’s” s136(3) omit “Director of Public Prosecutions” and substitute “Attorney General of Samoa” s158 omit “Director of Public Prosecutions” and substitute “Attorney General” s221 omit “Director of Public Prosecutions” and substitute “Attorney General” 10 Constitution Amendment Act (No.1) 2017, No. 8 No. Act amended Section amendment amended Criminal s14 omit “Director of Procedure Act Public Prosecutions” 1972 and substitute “Attorney General” s171 omit “Director of Public Prosecutions” and substitute “Attorney General” Excise Tax s95 omit “Director of (Domestic Public Prosecutions” Administration) and substitute Act 1984 “Attorney General” Extradition Act whole omit “Director of 1974 Act Public Prosecutions” and substitute “Attorney General” Financial s26 omit “Director of Institutions Act Public Prosecutions” 1996 and substitute “Attorney General” Indecent s10 Omit “Director of Publications Public Prosecutions” Ordinance 1960 and substitute “Attorney General” International s16 For subsections (1), (2) Criminal Court and (3) omit “Director Act 2007 of Public 2017, No. 8 Constitution Amendment Act (No.1) 11 No. Act amended Section amendment amended Prosecutions” and substitute “Attorney General” For the heading and subsections (1) and (2), omit “Director of Public Prosecutions” and “Director of Public Prosecutions” and substitute “Attorney General’s” and “Attorney General” respectively International s40 For subsection (6), Insurance Act omit “Director of 1988 Public Prosecutions” and substitute “Attorney General” Land Titles s91 omit “Director of Registration Act Public Prosecutions” 2008 and substitute “Attorney General” Money s5(1) For paragraph (ga) is Laundering repealed Prevention Act 2007 12 Constitution Amendment Act (No.1) 2017, No. 8 No. Act amended Section amendment amended Mutual whole omit “Director of Assistance in Act Public Prosecutions” Criminal and substitute Matters Act “Attorney General” 2007 Occupational s39 omit “Director of Safety and Public Prosecutions” Health Act 2002 and substitute “Attorney General” Plebiscite Act s71 omit “Director of 1990 Public Prosecutions” and substitute “Attorney General” Plumbers Act s17 For subsection (1)(e), 2014 omit “Director of Public Prosecutions” and substitute “Attorney General” Police Offences s9 For paragraph (a), Ordinance 1961 omit “Director of Public Prosecutions” and substitute “Attorney General” Police Service s68 For subsection (7), Act 2009 omit “Director of Public Prosecutions” and substitute “Attorney General” 2017, No. 8 Constitution Amendment Act (No.1) 13 No. Act amended Section amendment amended Scientific s16 For subsection (4), Research omit “Director of Organisation of Public Prosecutions” Samoa Act 2008 and substitute “Attorney General” Secret s13 For subsection (1), Commissions omit “Director of Act 1975 Public Prosecutions” and substitute “Attorney General” Tax s9A For subsections (1) Administration and (3), after Act 2012 “Attorney General” omit “or the Director of Public Prosecutions in the case of an offence” Telecommuni- s69 For subsection (3), cations Act 2005 after “may,” omit “after consulting the Director of Public Prosecutions on matters relating, relating to prosecution)” Waste s23 For subsection (1), Management omit “National Act 2010 Prosecution Office” and substitute “Office 14 Constitution Amendment Act (No.1) 2017, No. 8 No. Act amended Section amendment amended of the Attorney General, police officers” Water s40 For subsection (2), Resources omit “Director of Management Public Prosecutions” Act 2008 and substitute “Attorney General”

5. Transitional Provision: At the commencement of this Act: (a) any current criminal proceedings instituted and conducted for and on behalf of the Director of Public Prosecutions or the Police are to continue as if they were instituted and conducted by the Attorney General; (b) any current proceedings for other statutory offences or traffic offences continue to be dealt with under their respective enactments until they are transferred by Order of the Minister; (c) any current staff of the National Prosecution Office are considered as part of the Prosecution Division of the Attorney General’s Office; (d) a Tribunal appointed pursuant to section 11(4) of the National Prosecution Office Act 2015 2017, No. 8 Constitution Amendment Act (No.1) 15 may continue and its recommendation is valid as if the National Prosecution Office Act 2015 had not been repealed. __________ The Constitution Amendment Act (No.1) 2017 is administered by the Office of the Attorney General. Printed by the Clerk of the Legislative Assembly, by authority of the Legislative Assembly.