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Representation of the People (Amendment) Act 2007

Commencement: 1 January 2008

REPUBLIC OF VANUATU

REPRESENTATION OF THE PEOPLE
(AMENDMENT) ACT NO. 28 OF 2007

Arrangement of Sections

1. Amendment
2. Commencement

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REPUBLIC OF VANUATU

Assent: 31/12/2007
Commencement: 01/01/2008

REPRESENTATION OF THE PEOPLE
(AMENDMENT) ACT NO. 28 OF 2007

An Act to amend the Representation of the People Act [CAP 146].

Be it enacted by the President and Parliament as follows:

1 Amendment

The Representation of the People Act [CAP 146] is amended as set out in the Schedule.

2 Commencement

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

___________________________

SCHEDULE

AMENDMENTS OF THE REPRESENTATION OF THE PEOPLE
ACT [CAP 146]

1 Section 1

Insert in its correct alphabetical position

"island of origin" in relation to a person means the person's island of origin determined in accordance with the rules of custom;"

2. Subsection 9(1)

Delete "A person", substitute "Subject to sections 9A, 9B, 9C and 9D, a person"

3. After section 9

Insert

"9A Registration of persons residing in the areas listed in Schedule 7 –Part 1

(1). If a person resides outside the constituencies of Port Vila and Luganville in the areas listed in Schedule 7-Part 1, the person is eligible for registration in the electoral list for a polling district in the constituencies of Port Vila or Luganville if:

(a). the person is employed within the constituencies of Port Vila or Luganville; and

(b). the person’s island of origin is neither Efate nor Santo.

(2). Where there is doubt as to whether or not a person satisfies the criteria in subsection (1), the registration officer must make such inquiry as to such matter as he or she may consider necessary.

(3). After making inquiry under subsection (2) the registration officer is to make a report and a recommendation to the Principal Electoral Officer.

(4). Upon receipt of a report under subsection (3), the Principal Electoral Officer must, after considering the report, either enter the name of the voter on the electoral list or refuse to enter it and cause the voter to be informed of his or her decision.

(5). The Principal Electoral Officer may only refuse to enter a person’s name on the electoral list under subsection (4) if the person does not satisfy the criteria in subsection (1).

(6). For the purposes of this section the qualifying date is the 1st day of July in the year of preparation of the electoral list.

9B. Registration of persons residing in the areas listed in Schedule 7-Part 2

(1) If a person resides outside the constituencies of Port Vila and Luganville in the areas listed in Schedule 7-Part 2, the person is eligible for registration in the electoral list for a polling district in the constituencies of Port Vila or Luganville if:

(a) the person is employed within the constituencies of Port Vila or Luganville; and

(b)the person’s island of origin is neither Efate nor Santo.

(2) The registration officer must not register a person in the electoral list for a polling district in the constituencies of Port Vila or Luganville if he or she is satisfied that the person has some kind of relationship with the land owners of that particular area that would not enable the person to vote in a polling district in the constituencies of Port Vila or Luganville.

(3) Where there is doubt as to whether or not, a person satisfies the criteria in subsection (1) or there is uncertainty over the situation referred to in subsection (2), the registration officer must make an inquiry into such matter as he or she may consider necessary.

(4) After making inquiry under subsection (3) the registration officer is to make a report and a recommendation to the Principal Electoral Officer.

(5) Upon receipt of a report under subsection (4), the Principal Electoral Officer must, after considering the report, either enter the name of the voter on the electoral list or refuse to enter it and cause the voter to be informed of his or her decision.

(6) The Principal Electoral Officer may only refuse to enter a person’s name on the electoral list under subsection (5) if:

(a) the person does not satisfy the criteria in subsection (1); and

(b) the Principal Electoral Officer is satisfied that the person has some kind of relationship with the land owners of that particular area that would not enable the person to vote in a polling district in the constituencies of Port Vila or Luganville.

(7) For the purposes of this section the qualifying date is the 1st day of July in the year of preparation of the electoral list.

9C Registration of other persons residing in areas listed in Schedule 7-
Part 1 and Part 2

(1) If a person resides outside the constituencies of Port Vila and Luganville in the areas listed in Schedule 7-Part 1 and Part 2, the person is eligible for registration in the electoral list for a polling district in the constituencies of Port Vila or Luganville if:

(a). the person is not employed within the constituencies of Port Vila or Luganville or is unemployed; and

(b). the person’s island of origin is neither Efate nor Santo.

(2). In relation to a person that resides in an area listed in Part 2, the registration officer must not register the person in the electoral list for a polling district in the constituencies of Port Vila or Luganville if he or she is satisfied that the person has some kind of relationship with the land owners of that particular area that would not enable the person to vote in a polling district in the constituencies of Port Vila or Luganville.

(3). Where there is doubt as to whether or not a person satisfies the criteria in subsection (1) or there is uncertainty over the situation referred to in subsection (2), the registration officer must make such inquiry as to such matter as he or she may consider necessary.

(4). After making inquiry under subsection (3) the registration officer is to make a report and a recommendation to the Principal Electoral Officer.

(5). Upon receipt of a report under subsection (4), the Principal Electoral Officer must, after considering the report, either enter the name of the voter on the electoral list or refuse to enter it and cause the voter to be informed of his or her decision.

(6). The Principal Electoral Officer may only refuse to enter a person’s name on the electoral list under subsection (5) if:

(a). the person does not satisfy the criteria in subsection (1); and

(b). the Principal Electoral Officer is satisfied that the person has some kind of relationship with the land owners of that particular area that would not enable the person to vote in a polling district in the constituencies of Port Vila or Luganville.

(7). For the purposes of this section the qualifying date is the 1st day of July in the year of preparation of the electoral list.

9D Registration of persons whose island of origin is Efate or Santo

(1). If a person resides outside the constituencies of Port Vila and Luganville in the areas listed in Schedule 7-Part 1, the person may choose to be registered in the electoral list for a polling district in the constituencies of Port Vila or Luganville if:

(a). the person is employed within the constituencies of Port Vila or Luganville; and

(b). the person’s island of origin is either Efate or Santo.

(2). Where there is doubt as to whether or not a person satisfies the criteria in subsection (1), the registration officer must make such inquiry as to such matter as he or she may consider necessary.

(3). After making inquiry under subsection (2) the registration officer is to make a report and a recommendation to the Principal Electoral Officer.

(4). Upon receipt of a report under subsection (3), the Principal Electoral Officer must, after considering the report, either enter the name of the voter on the electoral list or refuse to enter it and cause the voter to be informed of his or her decision.

(5). The Principal Electoral Officer may only refuse to enter a person’s name on the electoral list under subsection (4) if the person does not satisfy the criteria in subsection (1).

(6). For the purposes of this section the qualifying date is the 1st day of July in the year of preparation of the electoral list."

4. After paragraph 24(c)

Insert

"(ca). is a person who is not in default of payment of any rates, charges or other debts due to the Government or a Government agency as defined in the Public Finance and Economic Management Act [CAP 244], for a period exceeding 2 months after the same becomes due;"

5. Paragraph 25(1)(b)

Delete "of VT50, 000" substitute, "100,000"

6. After subsection 25(2)

Insert

"(2A). A person must pay a fee of VT2, 000 to the Electoral Office, in order to obtain a declaration of candidature form.""

7. After section 70

Insert

"71. Regulations

The Minister may make regulations prescribing matters:

8. After Schedule 6

Insert

"SCHEDULE 7

PART 1. (Sections 9A, 9C and 9D)

EFATE
Manples area
Beverly Hills area
Belle View area

SANTO
Show ground area
Solomons hill area
Capricone area
Negar area

PART 2. (Sections 9B and 9C)

EFATE
Salili area
End of International airport area
Bladiniere area
Part of Manples
Tamalesi area
Areas behind Chikau Store & Wilco Hardware up-to opposite Kawenu Demonstration School
Malapoa area
Blacksands area
Etas area
Teouma Ville area
Copravi area

SANTO
Banban area
Jubilee farm area"

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