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Penal Code (Amendment) Act No 27 of 1989

Commencement: 29 December 1989

REPUBLIC OF VANUATU

THE PENAL CODE (AMENDMENT) ACT
No. 27 OF 1989

Arrangement of Sections

1. Amendment of section 12 of Act No. 17 of 1981.
2. Amendment of section 51 of the principal Act.
3. Amendment of section 52 of the principal Act.
4. Insertion of new section 73A in the principal Act.
5. Amendment of sections 83 and 84 of the principal Act.
6. Insertion of new section 85A in the principal Act.
7. Commencement.

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REPUBLIC OF VANUATU

THE PENAL CODE (AMENDMENT) ACT
No. 27 OF 1989

ASSENT: 18/12/89
COMMENCEMENT: 29/12/89

An Act to amend the Penal Code Act, No. 17 of 1931.

BE IT ENACTED by the President and Parliament as follows:-

AMENDMENT OF SECTION 12 OF ACT No. 17 OF 1981

1. Section 12 of the Penal Code Act, No. 17 of 1981 (principal Act) is amended by the substitution for the words 'a genuine, even though not reasonable', of the words 'a genuine and reasonable'.

AMENDMENT OF SECTION 51 OF THE PRINCIPAL ACT

2. Section 51 of the principal Act is amended by the repeal of subsection (3) of that section and substitution of the following subsection:-

"(3) No fine imposed as an alternative penalty by a court other than the Supreme Court shall exceed a sum calculated at the rate of VT200 for every day of the prescribed maximum penalty of imprisonment to which the offender is liable."

AMENDMENT OF SECTION 52 OF THE PRINCIPAL ACT

3. Section 52 of the principal Act is amended in subsection (1) of that section by the substitution for the words 'six months' of the words 'six years'.

INSERTION OF NEW SECTION 73A IN THE PRINCIPAL ACT

4. The following new section is inserted after section 73 of the principal Act:-

"Obstructing Police Officer

73A. Any person who obstructs, molests or assaults any police officer in the performance of his public duties shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding six years or to a fine not exceeding VT300,000 or to both such fine and imprisonment."

AMENDMENT OF SECTIONS 83 AND 84 OF THE PRINCIPAL ACT

5. Sections 83 and 34 of the principal Act are amended, by the substitution for the words 'two years' of the words 'five years'.

INSERTION OF NEW SECTION 85A IN THE PRINCIPAL ACT

6. The following section is inserted after section 85 of the principal Act:-

"Harbouring or Assisting a Prisoner

85A. Any person knowingly harbours a person who has escaped from prison or who having been sentenced to imprisonment, is otherwise unlawfully at large, or who gives to any such person any assistance with intent to prevent hinder or interfere with his being taken into custody, shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding VT150,000 or to both such fine and imprisonment."

COMMENCEMENT

7. This Act shall come into force on the date of its publication in the Gazette.

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