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Existing Law Adjustment Ordinance 1961

LAWS OF WESTERN SAMOA

EXISTING LAW ADJUSTMENT ORDINANCE 1961

ANALYSIS

Title
1. Short title and commencement
2. Interpretation
3. Application of Ordinance Schedule
4. Application of existing law and documents to Western Samoa
5. Regulations
Schedule

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EXISTING LAW ADJUSTMENT ORDINANCE 1961

1961, No. 29

An Ordinance to make provision for the application of the existing law defined in Article 111 of the Constitution to Western Samoa

[29 December 1961

1. Short title and commencement - (1) This Ordinance may be cited as the Existing Law Adjustment Ordinance 1961.

(2) This Ordinance shall come into force on the 1st day of January 1962.

For similar enactments, see the titles Enactments Amendment, General Laws Amendment, and Law Reform.

2. Interpretation - In this Ordinance, unless the context otherwise requires, -

"Constitution" means the Constitution of the Independent State of Western Samoa:

Terms defined by the Constitution shall have the meanings so assigned to them.

3. Application of Ordinance - The provisions of this Ordinance shall apply to the existing law defined in Article 111 of the Constitution and continuing in force on and after Independence Day as provided in Article 114 of the Constitution.

4. Application of existing law and documents to Western Samoa - (1) Unless inconsistent with the context, in any existing law, or in any contract, agreement, deed, instrument, application, licence, notice, or other document whatsoever existing at the commencement of this Ordinance -

(a) References to any office, department, board or corporation [, or Court] shall, in relation to Western Samoa, be read as references to the corresponding office, department, board or corporation in Western Samoa, or, as the case may be, the Court constituted in Western Samoa having appropriate jurisdiction:

(b) Powers, duties and functions conferred on any person or department shall, in relation to Western Samoa, be construed as powers, duties, and functions conferred on or to be exercised or carried out by the person or department entrusted with corresponding powers, duties and functions in Western Samoa:

(c) Generally, provisions that require modification to make them applicable to circumstances and conditions for the time being existing in Western Samoa shall, subject to any regulations made under section 5 hereof, be read with all modifications necessary to apply such provisions to Western Samoa pursuant to Article 114 of the Constitution.

(2) Without limiting the provisions of subsection (1) hereof, in the application of any law or document specified in that subsection there shall be substituted for the respective terms set out in the first column of the Schedule hereto the corresponding terms set out in the second column of that Schedule.

[(3) Without limiting the provisions of subsection (1), and unless the context otherwise requires,-

(a) Every reference in any enactment or in any document to the High Court or the High Court of Western Samoa shall hereafter be read as a reference to the Supreme Court or the Supreme Court of Western Samoa, as the case may be:

(b) Every reference in any enactment or in any document to the Chief Judge or the Chief Judge of the High Court, or to a Judge or a Judge of the High Court, shall hereafter be read as a reference to the Chief Justice or the Chief Justice of the Supreme Court, or to a Judge or a Judge of the Supreme Court, as the case may be.]

In subs. (1) (a) the words", or Court" were inserted by s. 35 (1) of the Reprint of Statutes (Miscellaneous Provisions) Act 1975.

As to subs. (2), see Articles 114, 115 and 122 of the Constitution.

Subs. (3) was added by s. 35 (2) of the Reprint of Statutes (Miscellaneous Provisions) Act 1975.

5. Regulations - (1) The Head of State may from time to time by Order in Council make all regulations which may in his opinion be necessary or expedient for giving full effect to the provisions of Article 114 of the Constitution and this Ordinance.

(2) The power conferred on the Head of State by subsection (1) of this section shall include the power to revoke any regulations made by him or the Council of State or the High Commissioner of Western Samoa before or after the coming into force of this Ordinance.

As to the Head of State in subs. (1), see Article 26 (1) of the Constitution.

The salary of Pulenu'u Regulations 1976 issued under this section are reprinted in the title Civil List.

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SCHEDULE

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The Existing Law Adjustment Ordinance 1961 is administered in the Attorney-General's Department.