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Acts of Parliament Act

LAWS OF THE REPUBLIC OF VANUATU
CONSOLIDATED EDITION 2006

Commencement: 30 July 1980

CHAPTER 116
ACTS OF PARLIAMENT

JR 23 of 1980
Act 10 of 2001

ARRANGEMENT OF SECTIONS

PART 1 – FORM OF ACTS AND BILLS

1. Acts and Bills
2. Title
3. Words of enactment

PART 2 – PROCEDURE FOLLOWING PASSING OF BILLS

4. Preparation
5. The assent
6. Numbering
7. Original copies
8. Publication
9. Published copies to be evidence

PART 3 – COMMENCEMENT

10. Commencement

PART 4 – MISCELLANEOUS AND SUPPLEMENTARY

11. Amendment and repeal
12. Reprints and revised editions
13. Certification of special votes and referendums

SCHEDULE 1 – Words of Enactment
SCHEDULE 2 – Authentication by Clerk
SCHEDULE 3 – Statement of the President's Assent

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ACTS OF PARLIAMENT

To provide for the form and commencement of Acts of Parliament, for the procedure following the passing of Bills and for other purposes connected therewith.

PART 1 – FORM OF ACTS AND BILLS

1. Acts and Bills

This Act shall apply with respect to the form of Acts of Parliament and the form of Bills shall correspond therewith.

2. Title

(1) Every Act shall bear at its head a short title which shall include its number and the year in which it is enacted.

(2) The short title shall be followed by a long title describing the main provisions of the Act.

(3) Every Act may be cited by its short title and number without a statement to that effect in the Act.

3. Words of enactment

(1) The provisions of every Act shall be prefaced by the words of enactment set out in Schedule 1.

(2) The words of enactment shall extend to all sections of the Act and to any Schedules and other provisions contained therein.

PART 2 – PROCEDURE FOLLOWING PASSING OF BILLS

4. Preparation

(1) As soon as a Bill has been passed by Parliament the Clerk of Parliament shall cause the text of the Bill as passed to be printed in 4 copies on paper or other material of enduring quality.

(2) The Clerk shall –

(a) cause to be made in the copies such corrections of misprints, typographical errors and wrong references as may be necessary;

(b) carefully compare the copies with the text of the Bill as passed;

and if he finds them to be correct –

(c) sign on each copy a statement in the form set out in Schedule 2; and

(d) cause the copies to be presented to the President for assent.

5. The assent

(1) The President shall show that he assents to a Bill by signing on each copy prepared in accordance with section 4 a statement to that effect in the form set out in Schedule 3.

(2) A Bill shall become an Act of Parliament on the signing by the President of the assent on the first of the copies.

6. Numbering

(1) Acts shall be numbered consecutively in the order in which they become Acts and the numbering shall begin afresh at the beginning of each calendar year.

(2) As soon as the President has signed the assent on a copy of an Act under the provisions of section 5 the Clerk of Parliament shall cause the number of the Act to be entered on that copy.

7. Original copies

(1) Whenever the foregoing procedure purports to have been followed in relation to an Act, the assented copies shall be the original copies of the Act, and shall be conclusive evidence of the terms of the Act, its number and the date of assent.

(2) One of the original copies shall be retained by the Speaker who shall cause 1 each of the remainder to be deposited with the Prime Minister, the Chief Justice and the Attorney General.

8. Publication

Every Act shall be published as soon as practicable after the President's assent with –

(a) the omission of the statements contained in the original copies by virtue of the provisions of sections 4 and 5 of this Act;

(b) a statement of the date on which the President's assent was signified, and the date of commencement contained in the margin thereof.

9. Published copies to be evidence

(1) Every Act shall be a public Act.

(2) A copy of any Act other than an original purported to have been printed on behalf of or published by or under the authority of the Government shall be prima facie evidence of the terms of the Act, its number and the date of assent.

PART 3 – COMMENCEMENT

10. Commencement

(1) Subject to the provisions of this section, commencement of an Act shall be such date as is provided in or under the Act, or where no date is so provided, the date of its publication as notified in the Gazette.

(2) Every Act of Parliament shall come into force immediately on the expiration of the date next preceding its commencement.

(3) A provision in an Act regulating the coming into force of an Act or any part thereof shall have effect notwithstanding that the part of the Act containing the provision has not come into operation.

(4) Where an Act is made with retrospective effect the commencement of the Act shall be the date from which it is given or considered to be given such effect.

(5) The provisions of subsection (4) shall not apply to an Act until there is notification in the Gazette as to the date of its publication and until such date is specified the Act shall be without effect.

PART 4 – MISCELLANEOUS AND SUPPLEMENTARY

11. Amendment and repeal

An Act passed in any session of Parliament may be amended or repealed at any time including the same session.

12. Reprints and revised editions

(1) An Act or the Constitution which has been amended may, with the authority of the Minister for the time being responsible for justice be reprinted with all the necessary omissions, amendments and substitutions effected by the amending Act.

(2) Every Act reprinted under the provisions of subsection (1) of this section shall be published by notification in the Gazette and when so published shall be judicially noticed as an authentic copy of the Act as amended.

(3) If the Constitution is reprinted under subsection (1), it is to be published by notification in the Gazette and on publication it is to be judicially noted as an authentic copy of the Constitution as amended.

13. Certification of special votes and referendums

(1) Where the Constitution requires that a Bill is passed by Parliament after being supported by a special majority with a special quorum present or with such requirements and supported by a national referendum the Speaker, or the Deputy Speaker if the Speaker is absent or otherwise unable to act shall, before the Bill is presented to the President for his assent, certify in whatever form he considers appropriate that the Bill was passed after having been so supported and with such special quorum or with those requirements and the support of a national referendum.

(2) A copy of the certificate given under subsection (1) signed by the Speaker or the Deputy Speaker, as the case may be, shall be prima facie evidence of the facts stated therein.

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SCHEDULE 1

(Section 3(1))

WORDS OF ENACTMENT

Be it enacted by the President and Parliament as follows –

SCHEDULE 2

(Section 4(2))

AUTHENTICATION BY CLERK

This copy has been compared by me with the Bill which has passed Parliament and found by me to be a true copy of the Bill.

Signed ..............................................
Clerk to Parliament

Date of Authentication:

SCHEDULE 5

(Section 5(1))

STATEMENT OF THE PRESIDENT'S ASSENT

I hereby assent.

Signed ..............................................
President
Date of Assent:

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Table of Amendments

12(1) Amended by Act 10 of 2001
12(3) Inserted by Act 10 of 2001