republic of vanuatu

Interpretation (Amendment)
Act No. 1 Of 2010

Arrangement of Sections

1 Amendment
2 Commencement

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Assent: 02/03/2010
Commencement: 17/09/2010

iNTERPRETATION (AMENDMENT)
ACT NO. 1 OF 2010

An Act to amend the Interpretation Act [CAP 132].

Be it enacted by the President and Parliament as follows-

1 Amendment

The Interpretation Act [CAP 132] is amended as set out in the Schedule.

2 Commencement

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

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SCHEDULE

AMENDMENTS OF INTERPRETATION ACT [CAP132]

1 Subsection 1(1)

Delete “for”, substitute “to”

2 Paragraph 1(1)(a)

Delete “Acts of Parliament and statutory orders”, substitute “Acts and statutory orders”

3 Paragraph 1(1)(b) and (c)

Delete “for the construction and interpretation of”

4 Subsection 1(2)

Repeal the subsection, substitute 

“(2) Subsection (1) does not apply where:

(a) it is expressly provided that this Act or any of its provisions shall not apply; or

(b) the subject or context is inconsistent with the application of this Act or a particular provision of this Act.”

5 Section 8

Repeal the section, substitute

“8. General principles of interpretation

(1) Every Act must be interpreted in such manner as best corresponds to the intention of Parliament.

(2) The intention of Parliament is to be derived from the words of the Act, having regard to:

(a) the plain meaning of ordinary words; and

(b) the technical meaning of technical words; and

(c) the whole of the Act and the specific context in which words appear; and

(d) headings and any limitation or expansion of the meaning of words implied by them; and

(e) grammar, rules of language, conventions of legislative drafting and punctuation.

(3) Where the application of subsection (2) would produce:

(a) an ambiguous result; or

(b) a result which cannot reasonably be supposed to correspond with the intention of Parliament, the words are to receive such fair and liberal construction and interpretation as will best ensure the attainment of the object of the Act according to its true intent, meaning and spirit.

(4) In applying subsection (3), the intention of Parliament may be ascertained from:

(a) the legislative history of the Act or provision in question; and

(b) explanatory notes and such other material as was before Parliament; and

(c) Hansard; and

(d) Treaties and International Conventions to which Vanuatu is a party.”

6 Section 21

(a) After “subject”, insert “only”

(b) After “any (third occurring)”, insert “express”

(c) Delete “which affect the power of appointment”, substitute “contained in  that Act”

7 Section 37

Delete “an Act of Parliament”, substitute “a written law”

8 Schedule

Insert the following terms in their correct alphabetical positions: 

““Constitutional Entity” means any entity or office, however described, created by the Constitution;

“Judiciary” means the Chief Justice, the judges of the Supreme Court and acting judges of the Supreme Court;

“Statutory Corporation” means any corporation created by an Act;

“Statutory Entity” means any entity or office, however described, other than a corporate body, created by an Act;”

9 Schedule (definition of Government)

Repeal the definition, substitute

““Government” means the Executive Government of the Republic of Vanuatu and includes:

(a) the Prime Minister; and

(b) Ministers; and

(c) all departments and other administrative units of a Ministry, however  described, but not Statutory Entities or Statutory Corporations;”

10 Schedule (definition of person)

Delete “statutory body”, substitute “statutory corporation”

11 Schedule (definition of State)

Repeal the definition, substitute

“ “State” means the Republic of Vanuatu and includes the:

(a) President

(b) Parliament

(c) Government; and

(d) Judiciary;”