Fines (Review and Amendment) Act 1998

7 1998 Fines (Review and Amendment) No. 24 SAMOA Arrangement of Provisions Title. 1. Short title and commencement 5. Amendments to Specific Fines 2. Interpretation 6. Application of this Act 3. Amendment to fine provisions 7. Other Amendments 4. Fixing the Penalty Unit Schedules 1998, No. 24 AN ACT to amend the fines prescribed for offences by all 1 Acts and Regulations and to replace references to fines fixed as monetary amounts with the concept of the penalty unit. BE IT ENACTED by the Legislative Assembly of Samoa in Parliament assembled as follows: 1. Short title and commencement (1) This Act may be cited as the Fines (Review and Amendment) Act 1998. (2) This Act shall come into force on the date it is assented to by the Head of State. 2. Interpretation In this Act, unless the contrary intention appears: "pecuniary penalty" shall include a fine. 3. Amendment to fine provisions (1) In all Acts and Regulations, now or at any time in the future, in force in Samoa (a) A reference to the imposition of a fine or maximum fine, of less than $100 shall be deemed to impose a fine or maximum fine, as the case may be, of $100, unless otherwise specified in Schedule 1 to this Act; and (b) A reference to a pecuniary penalty of T, where tala is a number, shall be taken to be a reference to a pecuniary penalty of P pecuniary penalty units, where P is: (i) If T ÷ 100 is a whole number - that whole number; or (ii) If T ÷ 100 is not a whole number – the next highest whole number, and all Acts and Regulations shall be amended accordingly. (2) Subsection (1) shall not apply to fines that are expressed to be for continuing offences, which shall be set at one-half of the substantive fine in each case. 8 Fines (Review and Amendment) 1998, No. 24 4. Fixing the penalty unit In all Acts and Regulations a reference to a "penalty unit" shall be the amount of "$100" for each penalty unit prescribed as a pecuniary penalty. 5. Amendments to specific fines Notwithstanding anything in subsection (1) of Section, 3 of this Act, the fines provided for in the Acts and Regulations specified in Column A of Schedule 1 to this Act shall be amended to provide the fine specified in Column B of the Schedule. 6.Application of this Act (1) The penalties fixed by operation of this Act shall apply only to offences committed after the date of commencement of this Act. (2) The appropriate fine for offences committed prior to the commencement of this Act shall be the fine fixed by the respective Act or Regulation prior to its amendment. (3) In the event that the amount of the penalty unit is amended, the revised amount shall apply only to fines imposed in respect of offences committed after the amendment has come into force. 7. Other Amendments The provisions of the Acts and Regulations specified in Schedule 2 shall be amended in accordance with the amendments specified in that Schedule. SCHEDULE1 Column A Column B Act (or Regulation) and Section Penalty Unit Legislative Assembly Powers and Privileges Ordinance 1960 Section 12 Section 13 Section 15 Section 16 Section 25 Section 26 5 5 2 5 5 5 Shipping Act 1972 Section 14 Section 15 Section 21 Section 27 Section 32 100 9 1998, No. 24 Fines (Review and Amendment 50 100 50 100 50 Section 34 Port Control Regulations 1939 Regulation 56 5 Radio on Ships Regulation 1960 Regulation 18 5 Port Control Amendment Regulations 1960 Regulation 44 10 Labour and Employment Act 1972 Section 41(1) Section 41(2) Section 41(3) 10 5 5 Apprenticeship Act 1972 Section 31(1) Section 31(2) Section 31(3) 5 (in the case of an employer) 10 (in the case of an apprentice) 2 10 Shops Ordinance 1961 Section 15(2) 5 Audit Office Regulations 1976 Regulations 18(a) Regulations 18(b) Regulations 18(c) Regulations 18(d) 5 2 5 2 Rhinoceros Beetle Ordinance 1954 Section 11 Section 17(2) 5 5 Bunchytop Act 1965 Section 21(1) Section 21(2) 2 5 10 Fines (Review and Amendment) 1998, No. 24 Fisheries Act 1988 Section 5 Section 21(1) Section 21(2) Section 21(5) Section 21(6) 5 2 50 50 50 Infants Ordinance 1961 Section 12 Section 20 5 5 Permits and Passports Act 1978 Section 13(1) (e) 5 Burials Ordinance 1961 Section 10(2) Section 11 5 2 Citizenship Act 1972 Section 21 10 Commissions of Inquiry Act 1964 Section 12(b) Section 15(2) 5 10 Secret Commissions Act 1975 Section 14 50 (for a corporation) 20 (for any other person) Liquor Act 197 Section 14(1) 5 (for a first offence) 10 (for subsequent offences) Police Offences Ordinance 1961 Section 3 2 Section 4 2 Section 5 2 Section 7 2 Section 8(1) 2 Section 8(2) 2 Section 9 2 Section 10 2 Section 11 5 11 1998, No. 24 Fines (Review and amendment) Section 12(2) 2 Section 12(5) 2 Section 13 2 Section 14(3) 2 Section 16 2 Section 18(3) 2 Section 18(4) 2 Section 19 2 Section 20 2 Section 21 2 Section 22 2 Gaming Act 1978 Section 3(1) 20 Section 3(3) 5 Section 4 20 Section 5(1) 2 Section 10 10 Section 14(1) 20 Section 14(2) 10 Section 23(1) 20 Section 23(2) 5 Magistrates (District) Court Act 1969 Section 58(1) 10 Section 58(2) 10 Section 116(3) 10 Section 117(2) 10 Excise Tax (Domestic Administration) Act 1984 Section 14 100 Section 50 20 Section 51 100 Section 52 100 Section 53 20 Section 55 100 Section 60 10 Customs Act 1977 Section 13(3) 10 Section 20(2) 20 Section 37(2) 50 Section 38(3) 50 12 Fines (Review and amendment) 1998, No. 24 Section 39(7) 50 Section 40(3) 50 Section 41 10 Section 42(2) 10 Section 43(2) 10 Section 44(3) 10 Section 45(3) 10 Section 45(4) 20 Section 46(3) 20 Section 46(4) 20 Section 47 10 Section 49(10) 50 Section 51(4) 50 Section 53(3) 20 Section 54(3) 50 Section 62(2) 20 Section 65(6) 20 Section 66(3) 20 Section 68(2) 20 Section 71(3) 20 Section 73(10) 50 Section 74(2) 50 Section 75(2) 20 Section 77(4) 10 Section 79(4) 20 Section 94(2) 20 Section 101(2) 1 Section 105(2) 10 Section 120 20 Section 126 20 Section 176 20 Section 179(3) 20 Section 180(3) 10 Section 184(2) 50 Section 187(2) 20 Section 191(7) 50 Section 193 50 Section 216 20 Section 217 50 Section 218(2) 50 Section 219 50 Section 220 20 Section 222 20 13 1998, No. 24 Fines (Review and amendment) Section 223(2) 20 Section 224 10 Section 226 100 Section 227(1) 10 Section 228(2) 10 Section 229 20 Section 230 20 Section 231 20 Section 237 10 Section 280 50 SCHEDULE2 Amendments to Acts Customs Act 1977: 1. Section 40(3) is amended by prescribing a penalty being a fine not exceeding $5,000, or 3 times the value of the imported goods, whichever is the greater, and by providing for the forfeiture to the State of the goods and, the ship or aircraft involved. 2. Section 105(2) is amended by prescribing a fine not exceeding $1,000, or 3 times the value of the goods, whichever is the greater. 3. Section 241(1) is amended by (a) Deleting the figure "$100" from paragraph (a) and replacing it with "$10,000"; and (b) Deleting the figure "$20" from paragraph (b) and replacing it with "$5,000". 4. Section 241(2) is amended by prescribing penalty being a fine not exceeding $1,000, or three times the amount of the duty avoided, whichever is the greater. 5. Section 280 is amended by prescribing penalties being fines not exceeding $ 1,000 for breach of Regulations Fines (Review and Amendment 1998, No. 24 Excise Tax (Domestic Administration) Act 1984 Section 54 is amended by prescribing a penalty being a fine not exceeding $5,000, or imprisonment for a term not exceeding 5 years, or both. Customs Regulations 1986: Regulation 103(2) is amended by providing for fines not exceeding $1,000. 14 Fines (Review and amendment) 1998, No. 24 Clerk of the Legislative Assembly The Head of State Assents this 16th day of July 1998 HEAD OF STATE Printed under the authority of the Legislative Assembly, by the Clerk of the Legislative Assembly.