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Vanuatu National Sports Council (Amendment) Act 2003

Commencement: 29 September 2003

REPUBLIC OF VANUATU

VANUATU NATIONAL SPORTS COUNCIL
(AMENDMENT) ACT
NO. 12 OF 2003

Arrangement of sections

1. Amendments

2. Commencement

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REPUBLIC OF VANUATU

Assent: 21^st July, 2003.
Commencement: 29 September 2003

VANUATU NATIONAL SPORTS COUNCIL
(AMENDMENT) ACT NO. 12 OF 2003

An Act to amend the Vanuatu National Sports Council Act No. 43 of 1989

Be it enacted by the President and Parliament as follows-

1. Amendments
   

The Vanuatu National Sports Council Act No. 43 of 1989 is amended as set out in the Schedule.

2. Commencement
   

This Act commences on the date of its publication in the Gazette.

SCHEDULE

AMENDMENTS OF THE VANUATU NATIONAL SPORTS COUNCIL
ACT NO. 43 OF 1989

1 Section 1

Insert in its correct alphabetical position

“Director General means the Director General of the Ministry responsible for youth development and training.”.

2 Section 3

Repeal the section, substitute

“3 Composition of the Council

(1) The Council consists of 5 members.

(2) The members are:

(a) a representative of the Ministry responsible for youth development and training; and

(b) a person with legal qualifications; and

(c) a person with architecture or engineering qualifications.

(3) The secretary and the treasurer of the Council are members of the Council by virtue of holding those offices. (see section 8)

(4) The members in subsection (2) are to be appointed by the Minister on the recommendation of the Director General.

(5) The Minister is to appoint the Chairman and Deputy Chairman from the members appointed under subsection (2).

(6) An appointed member of the Council holds office for a term of two years and can be re-appointed.

(7) All appointments made under this section are to be published in the Gazette.

3A Removal and resignation of members

(1) The Minister may, after consultation with the Council, remove a member if he or she:

(a) in the case of a member being a representative of the Ministry responsible for youth development and training – ceases to be an employee of that Ministry or the Minister; or

(b) is a person having professional qualifications and is disqualified or suspended from practicing his or her profession; or

(c) fails to attend 3 consecutive meetings without the permission of the Council; or

(d) is convicted of an offence; or

(e) in the Minister’s opinion is not performing in a satisfactory way.

(2) A member may resign at any time by giving his or her resignation in writing to the Minister.

3B Acting member

(1) If a member of the Council (including the Chairperson or Deputy Chairperson) is absent from Vanuatu or is for any reason unable to perform his or her duties as a member of the Council, the Council may:

(a) in the case of the Chairperson or Deputy Chairperson- appoint a member to act as the Chairperson or Deputy Chairperson; or

(b) in any other case- appoint a person to act as a member.

(2) A person who is appointed to act is entitled to all the rights and to exercise all the powers, functions and duties of the member he or she represents.”.

3 Paragraph 4(e)

(a) Delete “Minister”, substitute “Director General”.

(b) After “recreation”, insert “facilities”.

4 Paragraphs 5(e), (f), (k), (l) and (m)

Delete “Minister” (wherever occurring), substitute “Director General”.

5 Subsection 7(2)

Delete “five”, substitute “three”.

6 After section 7

Insert

“7A Sitting allowance

The members of the Council including the Chairperson and Deputy Chairperson are entitled to a sitting allowance of VT 3000 for each meeting of the Council.”

7 Section 8

Repeal the section, substitute

“8 Secretary and treasurer of the Council, other officers and employees

Subject to this Act, the Council is to appoint, at such remuneration and upon such terms and conditions as it thinks fit:

(a) a secretary to the Council who is to manage the day to day administration of the Council; and

(b) a treasurer to the Council; and

(c) such other officers and employees as may be required for the proper and efficient discharge of the functions of the Council.”.

8 Subsections 13(2) and (4)

Delete “Minister” (wherever occurring), substitute “Director General”.

9 Section 14

Repeal the section, substitute

“14 Annual Reports

(1) The Council must prepare an annual report of its operations within 3 months after the end of each year and provide a copy of the report to the Director General.

(2) The Local Government Councils and Municipal Councils must prepare an annual report to the Council of their operations within 3 months after the end of each year”.

10 Section 15

Delete “Minister”, substitute “Director General”.

11 Section 18 (heading)

Delete “Minister”, substitute “Director General”.

12 Section 18

Delete “Minister” (wherever occurring), substitute “Director General”.

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REPUBLIC OF VANUATU

VANUATU NATIONAL SPORTS COUNCIL
(AMENDMENT) ACT NO. 12 OF 2003

Explanatory Note

The Bill removes the involvement of the Minister in carrying out certain responsibilities and roles to and within the Council. These include:

- dealing with the Council in relation to the Council’s functions and powers under section 4 and 5 of the Act;

- approving an auditor and receiving audited accounts and reports;

- receiving annual reports;

- prescribing the manner in which any remaining funds after the Council is dissolved should be distributed;

- giving directions to the Council which is of a general character that appears to be requisite to public interest.

The Bill now makes the Director General responsible for the above issues to the Council instead of the Minister.

Item 2 provides for a whole new section 3 dealing with the composition of the Council, the removal and resignation of members. It also provides for acting members.

Item 6 also provides a new section 8 which deals with the secretary, treasurer, other officers and employees of the Council.

Minister for Youth Development and Training