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Police (Amendment) Act 2000

Assent: 5 May 2000
Commencement: 10 July 2000

REPUBLIC OF VANUATU

POLICE (AMENDMENT) ACT

NO. 19 OF 2000

Arrangement of Sections

1. Amendment of section 1
2. Amendment of section 4
3. Insertion of new Part
4. Amendment of section 82
5. Commencement.

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REPUBLIC OF VANUATU

POLICE (AMENDMENT) ACT

NO. 19 OF 2000

An Act to amend the Police Act [CAP 105] (the "Principal Act").

BE IT ENACTED by the President and Parliament as follows:

AMENDMENT OF SECTION 1

1. Section 1 of the Principal Act is amended by inserting the following definition:

""overseas contingent" means any part of the Force engaged outside Vanuatu under paragraph 4(4)(a) or (b);".

AMENDMENT OF SECTION 4

2. Section 4 of the Principal Act is amended by deleting subsection (4) and substituting the following subsections:

"(4) Members of the Force may be engaged outside Vanuatu with the approval of the Council of Ministers on the recommendation of the Prime Minister and the Minister of Foreign Affairs as:

(a) a military force in operations involving hostilities or war; or

(b) a military, police or internal security force for operations involving peace-making, peace-keeping or truce and cease fire operations.

(5) The Prime Minister and the Minister of Foreign Affairs must consult with the Commissioner before making a recommendation.".

INSERTION OF NEW PART

3. After section 34 of the Principal Act the following Part is inserted:

"PART 3A - OVERSEAS CONTINGENTS

INTERNATIONAL AGREEMENTS

34A. (1) Prior to the posting of an overseas contingent, the Minister must, wherever possible, enter into an agreement with the country or countries affected or the relevant international body (if any).

(2) The agreement must set out:

(a) the command, control and administrative arrangements necessary for the good order, discipline and maintenance of the overseas contingent; and

(b) the level of cooperation, compliance and consultation required by the overseas contingent with the relevant international body, or the military, police and civilian authorities of the country or countries affected.

(3) Despite any agreement entered into, the overseas contingent remains at all times subject to the Constitution, this Act and the other laws of Vanuatu.

(4) Any agreement dealing with an overseas contingent that is in force on the commencement of this section is taken to be an agreement entered into under this section.

APPOINTMENT OF CONTINGENT COMMANDER

34B. (1) The Commissioner must, in writing, appoint a member of an overseas contingent to be the Contingent Commander.

(2) To avoid doubt, the Contingent Commander as a member of the Force remains subject to the provisions of this Act.

MINISTER'S DIRECTIONS

34C. (1) Subject to subsection (2), the Minister may, in writing, direct the Commissioner to report to the Minister on matters of national interest.

(2) The Minister must not make a direction that concerns the operations of an overseas contingent.

DUTIES OF CONTINGENT MEMBERS

34D. (1) The Commissioner may, in writing, direct any member of an overseas contingent to comply with any order, regulation or instruction issued by the relevant authority of a country involved in the same operation as the overseas contingent. The direction may be given to an individual or by general order.

(2) It is an offence against discipline for a person to fail to comply with a direction given under subsection (1) (see section 58 for disciplinary procedures).

EXTENSION OF SERVICE

34E. After consultation with the Minister, the Commissioner may, in writing, direct that the period of service of a member of an overseas contingent be extended for a period not exceeding one year.

APPOINTMENT OF SPECIAL CONSTABLES

34F. (1) The Commissioner may, with the written approval of the Minister, appoint a person to be a special constable in an overseas contingent for a specified period, subject to the budget allocated for that purpose.

(2) Before being posted to an overseas contingent, a special constable must complete a training program approved by the Commissioner.

(3) A special constable is to be paid such salaries, allowances and other benefits as are applicable to a constable.

RECOGNITION OF SERVICE

34G. The President may confer honours, awards or service medals on any member of an overseas contingent who has rendered long, brave or conspicuous service.".

AMENDMENT OF SECTION 82

4. Section 82 of the Principal Act is amended by inserting after paragraph (h) the following paragraphs:

"(ha) the pay, allowances, benefits and compensation of members of overseas contingents; and

(hb) the discipline of members of overseas contingents; and".

COMMENCEMENT

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

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