Assent: 31 December 2001
Commencement: 11 February 2002

REPUBLIC OF VANUATU

EMPLOYMENT (AMENDMENT) ACT
NO. 16 OF 2001

Arrangement of sections

1. Amendments
2. Commencement

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REPUBLIC OF VANUATU

Assent: 31/12/2001
Commencement: 11/02/2002

EMPLOYMENT (AMENDMENT) ACT
NO. 16 OF 2001

An Act to amend the Employment Act [CAP 160].

Be it enacted by the President and Parliament as follows -

1.	Amendment

The Employment Act [CAP 160] is amended as set out in Schedule and any other item in the Schedule has effect according to its terms.

2.	Commencement

This Act commences on the day on which it is published in the Gazette.

SCHEDULE

AMENDMENTS OF THE EMPLOYMENT ACT [CAP 160]

1.	Paragraph 65(2)(a)

Repeal the paragraph, substitute

“(a)	that such person must apply in the prescribed form for an employment agency licence and be the holder of a valid current employment agency licence;”.

2.	Paragraph 65(2)(b)

Repeal the paragraph, substitute

“(b)	an application must be accompanied by the prescribed fee;”.

3.	After subsection 65(2)

Insert

“(2A)	A licence under paragraph (2)(a) is to be issued by the Commissioner”.

4.	After section 65

Insert

“65A	Licence fee

(1)	The holder of an employment agency licence must pay to the Commissioner the prescribed annual fee for the issue and renewal of the licence on or before the prescribed date.

(2)	If the holder fails to pay the annual fee by the due date the Commissioner may, by notice in writing to the holder, cancel the holder’s licence.

(3)	In this section and section 65:
“prescribed” means prescribed by order of the Minister .”.

5.	After section 77
Insert

“77A	Regulations

The Minister may make regulations so as to give effect to all or any of the purposes of this Act.”.

6.	Applications of amendments

(1)	A person who immediately before the commencement of this Act carried on the business of an employment agency must be issued with an employment agency licence under section 65 as soon as possible after that commencement and must pay the licence fee under section 65A.

(2)	To avoid doubt the person does not have to apply for a licence under section 65.”.

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REPUBLIC OF VANUATU

BILL FOR THE
EMPLOYMENT (AMENDMENT) ACT
NO. 16 OF 2001

Explanatory Note

Since the commencement of the Employment Act [CAP 160], section 65 has not been implemented by the Department of Labour and Employment Services.

The Bill amends section 65 to provide for an employment agency licence. The licence application is to be in the prescribed form and be accompanied by the prescribed fee. The fees are to be prescribed by the Minister .

It also provides for a person to pay to the Commissioner the annual prescribed fee for the issue and renewal of the licence. If the holder of the licence fails to pay the annual fee the Commissioner may cancel the licence. Existing employment agencies will be issued 
automatically with a licence, but must pay the new fees.

The new licensing scheme will safeguard the conditions of employment of Ni-Vanuatu who are recruited by employment agencies, in particular, employees of foreign ships. The prescribed fees will also generate revenue for the State.

The Bill gives the Minister the power to make regulations so as to give effect to all or any of the purposes of the Act.

The Act commences on the day on which it is published in the Gazette.

Minister for Internal Affairs

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