LAWS OF WESTERN SAMOA

BROADCASTING ORDINANCE

1959, No. 7

ANALYSIS

Title

1. Short Title and commencement
2. Interpretation
3. Constitution of department
4. Minister to carry on Broadcasting Service
5. Director of Broadcasting
6. Appointment of other officers and employees
7. Existing appointments deemed to be made under this Ordinance
8. Officers to act under the direction of the Director
9. Delegation of powers of Minister
10. Delegation of powers by Director
11. Commercial Broadcasting prohibited
12. Annual Report
13. Regulations

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1959, No. 7

AN ORDINANCE to make provision for the carrying on of a broadcasting service in Western Samoa, and to provide for certain other matters in relation to broadcasting

1. SHORT TITLE AND COMMENCEMENT - This Ordinance may be cited as the Broadcasting Ordinance 1959 and shall come into force on the first day of October 1959.

2. INTERPRETATION - In this Ordinance, unless the context otherwise requires, -

"Department" means the Broadcasting Department of Western Samoa.

"Director" means the Director of Broadcasting appointed under this Ordinance, and in his absence the person lawfully acting in the place of the Director.

"Minister" means the Minister for the time being charged with the administration of this Ordinance.

"Programme" includes any signal, announcement, item, communication, or other matter transmitted or intended to be transmitted from a Broadcasting Station for reception by the public.

3. CONSTITUTION OF DEPARTMENT - There is hereby constituted and established a department of the Government of Western Samoa to be known as a Broadcasting Department which, under the control of the Minister shall be charged with the administration of this Ordinance.

4. MINISTER TO CARRY ON BROADCASTING SERVICE - (1) The Minister shall carry on the broadcasting service heretofor carried on by the Government of Western Samoa and may develop and improve that service from time to time.

(2) The power conferred by the last preceding subsection shall be deemed to include power to do all or any of the following acts:

(a) To use the facilities and equipment of the department for the purpose of promoting and assisting in the development and carrying on of those artistic, cultural, educational, and informational pursuits which are usually included in the purpose of broadcasting:

(b) To organise and present concerts and entertainments for the general public, notwithstanding that the concerts or entertainments may not be broadcast:

(c) To organise and present concerts and entertainments for persons in hospitals and other similar institutions:

(d) To do all such things as appear necessary or expedient in the interests of the community for the purpose of developing and improving broadcasting talent:

(e) To collaborate with any society, association, or body of persons not formed for the purpose of pecuniary gain for any of the foregoing purposes:

5. DIRECTOR OF BROADCASTING - There shall from time to time be appointed an officer of the Western Samoa Public Service to be called the Director of Broadcasting who shall be the Administrative Head of the Department.

6. APPOINTMENT OF OTHER OFFICERS AND EMPLOYEES - There may from time to time be appointed under the Samoa Amendment Act 1949 such other officers and employees of the department as may be necessary.

7. EXISTING APPOINTMENTS DEEMED TO BE MADE UNDER THIS ORDINANCE - (1) The person holding office at the commencement of this Ordinance as Director shall be deemed to have been appointed to that office as aforesaid under this Ordinance.

(2) All other persons who at the commencement of this Ordinance are officers or employees of the department and have been so appointed under the Samoa Amendment Act 1949 shall be deemed to have been so appointed under this Ordinance.

8. OFFICERS TO ACT UNDER THE DIRECTION OF THE DIRECTOR - All officers and other employees of the department shall act under the direction of the Director in the exercise and performance of the powers and functions imposed upon them by this enactment.

9. DELEGATION OF POWERS OF MINISTER - (1) The minister may from time to time, by writing under his hand, either generally or particularly, delegate to the Director all or any of the powers which are conferred on him as Minister of Broadcasting by this enactment or by any other enactment, including powers delegated to him under any enactment:

Provided that this power of delegation shall not include power to delegate to the Director the Minister's power to delegate under this section or to consent to a delegation under section ten of this Ordinance.

(2) Subject to any general or special directions given or conditions attached by the Minister, the Director may exercise any power delegated to him as aforesaid in the same manner and with the same effect as if they had been conferred on him directly by this section and not by delegation.

(3) Where the Director purports to act pursuant to any delegation under this section, he shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.

(4) Every ouch delegation shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Minister.

(5) Unless and until such delegation is revoked it shall continue in force according to its tenor. In event of the Minister by whom any such delegation has been made ceasing to hold office, it shall continue to have effect as if made by the person for the time being holding office as Minister and, in the event of the Director to whom such delegation has been made ceasing to hold office, it shall continue to have effect as if made to the person for the time being holding office as Director or, if there is no Director in office or if the Director is absent from duty, to the person for the time being lawfully directed to act in the place of the Director.

10. DELEGATION OF POWERS BY DIRECTOR - (1) The Director may from time to time, by writing under his hand, either generally or particularly, delegate to such officer or officers, or employee or employees of the Department as he thinks fit all or any of the powers exercisable by him under this enactment, including any powers delegated to him under any enactment, but not including this present power of delegation:

Provided that the Director shall not delegate any power delegated to him by the Minister without the written consent of the Minister, or any power delegated to him by the Public Service Commissioner without the written consent of such Commissioner.

(2) Subject to any general or special direction given or conditions attached by the Director, the officer or employee to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on him directly by this section, and not by delegation.

(3) Every person purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.

(4) Any delegation under this section may be made to a specified officer or employee or to officers or employees of a specified class, or may be made to the holder or holders for the time being of a specified office or class of offices.

(5) Every such delegation under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Director.

(6) Any such delegation shall, until revoked, continue in force according to its tenor, notwithstanding that the Director by whom it was made may have ceased to hold office and shall continue to have effect as if made by the successor in office of that Director.

11. COMMERCIAL BROADCASTING PROHIBITED - Except in accordance with regulations made under this Ordinance, and until regulations are made, no programme or part of a programme intended to serve as an advertisement for the pecuniary benefit of any person shall be transmitted from any Broadcasting Station, whether operated by the Minister or by any other person:

Provided that the prohibition contained in this section shall not apply to news relating to shipping or air services.

12. ANNUAL REPORT - (1) The Director shall as soon as practicable after the end of each financial year furnish to the Minister a report of the operations of the department for that year.

(2) A copy of the report shall be laid before the Legislative Assembly within twenty-eight days after it has been furnished to the Minister if the Assembly is then in session or if not, shall be laid before the Assembly within twenty-eight days after commencement of the next ensuing session thereof.

13. REGULATIONS - (1) The Council of state acting by and with the advice and consent of the Executive Council may from time to time make such regulations as may in its opinion be reasonably necessary or expedient for the purpose of giving full effect to the provisions of this Ordnance and for the due administration thereof.

(2) Regulations may be made authorising the institution of commercial broadcasting, and prescribing conditions subject to which such broadcasting may be carried on.

(3) It shall be the responsibility of the Minister to lay all regulations made under this section before the Legislative Assembly within twenty-eight days after the date of the making thereof if the Assembly is then in session, or if not, to lay such regulations before the Assembly within twenty-eight days after the commencement of the next ensuing session.

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