Samoa > General provisions

Samoa - General provisions - Law, Act

Companies Amendment Act 2019 (2019, No. 20). -

Adoption: 2019-07-01 | WSM-2019-L-111363

Samoa - General provisions - Law, Act

Constitution Amendment Act 2019 (2019, No. 6). -

Adoption: 2019-01-31 | WSM-2019-L-111364

The amendment replaces Article 19(2) with the following:
“(2) Subject to the provisions of this Constitution, a person who holds, or who has held for one (1) term, office as Head of State, is only eligible for re-appointment to that Office once.
(2A) A person who has held the office as Head of State for two (2) terms is not eligible to be reappointed to that Office.”.

Samoa - General provisions - Miscellaneous (circular, directive, legal notice, instruction, etc.)

National HIV, AIDS, and STI Policy 2017-2022. -

Adoption: 2017 | WSM-2017-M-112759

Samoa - General provisions - Law, Act

Criminal Procedure Act 2016 (2016, No. 6). -

Adoption: 2016-02-09 | WSM-2016-L-102763

AN ACT to provide a code relating to criminal procedure and rules as to the criminal jurisdiction of courts hearing criminal cases and for related purposes.

Samoa - General provisions - Law, Act

Sentencing Act 2016 (2016, No. 9). -

Adoption: 2016-02-09 | WSM-2016-L-102765

AN ACT to set out the purposes for which defendants may be sentenced or otherwise dealt with by the courts, to promote those purposes, to aid in the public¿s understanding of sentencing practices, by providing principles and guidelines to be applied by courts in sentencing or otherwise dealing with defendants, to provide a sufficient range of sentences and other means of dealing with defendants and to provide for the interests of victims of crime and for related purposes.

Samoa - General provisions - Law, Act

Counter Terrorism Act 2014 (2014, No. 7). -

Adoption: 2014-04-07 | WSM-2014-L-98692

An Act to repeal the Prevention and Suppression of Terrorism Act 2002 and to implement United Nations Security Council Resolutions and Conventions dealing with terrorism and for related purposes.

Samoa - General provisions - Law, Act

Samoan Language Commission Act 2014 (2014 (No. 5). -

Adoption: 2014-04-07 | Date of entry into force: 2014-06-01 | WSM-2014-L-98695

AN ACT to ensure the Samoan language is and remains a vibrant language, to declare the Samoan language as an official language, and to establish the Samoan Language Commission to provide its functions, duties and powers, and for related purposes.

Samoa - General provisions - Law, Act

Family Court Act 2014 (2014, No. 19). -

Adoption: 2014-01-26 | WSM-2014-L-98693

An Act to establish the Family Court as a Division of the District Court and to provide for the constitution, jurisdiction, powers and procedures of the Family Court, and for related purposes.

Samoa - General provisions - Law, Act

Citizenship Act 2004 (2014, No. 3). -

Adoption: 2014-01-21 | WSM-2014-L-102747

AN ACT to make provision with respect to the status of Samoan citizenship.

Samoa - General provisions - Law, Act

Constitution Amendment Act 2013 (2013, No. 17). (Teuteuga o le Faavae) -

Adoption: 2013-06-25 | WSM-2013-L-93576

An Act to amend the Constitution of the Independent State of Samoa to provide for a minimum number of women Members of Parliament, and to exclude officers and employees of the Attorney-General from the Public Service.

Samoa - General provisions - Law, Act

Attorney General's Office Act 2013 (2013, No. 15). -

Adoption: 2013-06-25 | Date of entry into force: 2013-07-08 | WSM-2013-L-102746

AN ACT to establish the Attorney General's Office, to provide for its functions, administration and finance and to provide for other functions, duties and powers of the Attorney General, and for related purposes.

Samoa - General provisions - Law, Act

Ombudsman (Komesina o Sulufaiga) Act, 2013 (2013, No. 12). (Komesina o Sulufaiga (Ombudsman)) -

Adoption: 2013-06-05 | WSM-2013-L-93577

AN ACT to:
(a) continue the Ombudsman (Komesina o Sulufaiga) established under the Komesina o Sulufaiga (Ombudsman) Act 1988; and
(b) provide the functions, duties and powers to promote good governance in public administration; and
(c) provide the functions, duties and powers relating to human rights for ensuring the dignity, equality and worth of individuals and recognising that individuals have the right to life, liberty and freedom from discrimination; and
(d) provide for related purposes.

Repeals the Komesina o Sulufaiga (Ombudsman) Act 1988.

Samoa - General provisions - Law, Act

Prisons and Corrections Act, 2013 (2013, No. 11). (Falepuipui ma le Toefuataiga) -

Adoption: 2013-06-05 | WSM-2013-L-93578

AN ACT to repeal the Prisons Act 1967 and to provide for the re-organisation and reform of prisons in Samoa by the establishment of a Samoa Prisons and Corrections Service with necessary transitional arrangements, and by reforms to the management of prisons and the treatment of prisoners in accordance with Samoan customs and traditions and accepted practices and standards, and with an objective of providing a corrections based system, and for related purposes.

Samoa - General provisions - Law, Act

Labour and Employment Relations Act, 2013 (2013, No. 7). (Sootaga Va Lelei o Leipa ma Galuega) -

Adoption: 2013-04-05 | WSM-2013-L-93575

AN ACT to:
(a) provide new provisions relating to labour and employment relations to ensure compliance with International Labour Organization requirements; and
(b) improve provisions relating to conditions of employment for national and foreign employees, including wage protection, contracts of service, holidays, leave, hours of work, overtime, conciliation procedures; and
(c) repeal the Labour and Employment Act 1972 and amend other relevant Acts; and
(d) provide for related matters.

Part I - Preliminary
Part II - National Tripartite Forum
Part III - Administration
Part IV - Principles of Employment
Part V - Protection of Wages
Part VI - Contract of Service
Part VII - Terms and Conditions of Employment
Part VIII - Termination of Contract of Service
Part IX - Foreign Employees' Employment Permit
Part X - Conciliation of Employment Disputes
Part XI - Miscellaneous

Also repeals the Labour and Employment Regulations 1973 and Part VIII of the Immigration Act 2004.

Samoa - General provisions - Law, Act

Crimes Act 2013 (2013, No. 10). (Solitulafono) -

Adoption: 2013-04-05 | WSM-2013-L-93579

AN ACT to regulate crimes in Samoa, to repeal the Crimes Ordinance 1961 and consequently amend other Acts, and for related purposes.

Part I - Preliminary
Part II - Jurisdiction
Part III - Matters of Justification or Excuse
Part IV - Justification or Excuse in the Arrest of Any Person
Part V - Parties to the Commission of Offences
Part VI - Crimes Against Public Order
Part VII - Sexual Crimes
Part VIII - Crimes Against Public Welfare
Part IX - Crimes Against the persons
Part X - Assaults and Injuries to the Persons
Part XI - Crimes Against the Administration of Justice
Part XII - Organised Crime, Corruption and Transnational Offending
Part XIII - Smuggling and Trafficking in People
Part XIV - Crimes Against the Right of Property
Part XV - Crimes Involving Damage or Danger to Property or Transport
Part XVI - Threatening Harm to Persons or Property
Part XVII - Forgery and False Document
Part XVIII - Crimes Involving Electronic Systems
Part XIX - Miscellaneous Provisions

Makes consequential amendments to the following laws:
- Acts Interpretation Act 1974 (article 20A)
- Criminal Procedure Act 1972 (article 87)
- Indecent Publication Ordinance 1960 (sections 2 and 3)

Samoa - General provisions - Law, Act

Family Safety Act 2013 (2013, No. 8). (Saogalemu o Aiga) -

Adoption: 2013-04-05 | WSM-2013-L-93580

AN ACT to provide for greater protection of families and the handling of domestic violence and related matters.

Part I - Preliminary
Part II - Protection Orders
Part III - Duties of Police Officers
Part IV - Miscellaneous

Makes consequential amendments to the following:
- Section 77(1) of the Crimes Ordinance 1961 is amended by substituting "16" with "18".
- Section 26A of the Divorce and Matrimonial Causes Ordinance 1961 is amended by substituting the definition of "domestic violence" with the following: "has the same meaning ascribed to it under the Family Safety Act 2013.".
- Section 12 of the Infants Ordinance 1961 is amended by substituting "14" with "18" where it appears.

Samoa - General provisions - Law, Act

OPEC Fund Loans Act 2012 (No. 2 of 2012). (Faaunegatupe Mai le Faaputugatupe a le Faalapotopotoga a Atunuu e Auina Atu i Fafo Penisini 2012) -

Adoption: 2012-01-26 | WSM-2012-L-90976

Provides for the raising of loans and credits from the Organisation of the Petroleum Exporting Countries Fund for International Development, and for related purposes.

Samoa - General provisions - Law, Act

Intellectual Property Act 2011 (No. 9 of 2011). -

Adoption: 2011-10-11 | WSM-2011-L-90980

An Act to provide protection for intellectual property rights in Samoa which are marks, patents, innovation patents, plant breeder's rights, design rights, registered designs, geographical indications and lay-out designs of integrated circuits.

Samoa - General provisions - Law, Act

Foreign Investment Amendment Act (No. 8 of 2011). -

Adoption: 2011-08-11 | WSM-2011-L-90978

1. Short title and commencement
2. Interpretation
3. Reserved List
4. Restricted List
5. Activities not otherwise restricted
6. Insertion of new section 6A
7. Functions of the Chief Executive Officer
8. Insertion of new section 7A
9. Receipt and approval of applications for foreign investment registration
10. Insertion of new section 8A
11. Duration of certificates
12. Register of Foreign Investment
13. Reports by Foreign Investors
14. Insertion of new section 11A
15. Cancellation of certificates
16. Offences and Penalties
17. Regulations
18. Insertion of new section 19
19. Schedules

Samoa - General provisions - Law, Act

Public Records Act 2011 (No. 2 of 2011). -

Adoption: 2011-01-28 | WSM-2011-L-90981

An Act to provide for the custody, control, management, preservation and use of Public Records, and for establishing the National Archivist and the National Archives and Records Authority, and for related purposes.

Samoa - General provisions - Constitution

Constitution Amendment Act 2010 (2010, No. 4). (Teuteuga o le Faavae) -

Adoption: 2010-02-26 | WSM-2010-C-87629

Amends section 46 concerning tenure of office of Members.

Samoa - General provisions - Law, Act

Community Justice Act 2008 (2008, No. 5). -

Adoption: 2008-01-25 | WSM-2008-L-102748

AN ACT to promote criminal justice by the provision of a community based justice system that fosters community based sentencing options and the rehabilitation and reintegration of offenders.

Samoa - General provisions - Law, Act

Alternative Dispute Resolution Act 2007 (2007, No. 30). -

Adoption: 2007-11-21 | WSM-2007-L-96964

Deals with resolution of disputes between parties in civil and criminal proceedings, which lie outside the usual court-based litigation model.

Samoa - General provisions - Law, Act

Young Offenders Act 2007 (2007, No. 25). -

Adoption: 2007-10-29 | WSM-2007-L-102761

AN ACT to provide a criminal justice system for young persons, their treatment by the courts, and related purposes.

Samoa - General provisions - Law, Act

Proceeds of Crime Act 2007 (2007, No. 4). -

Adoption: 2007-01-30 | WSM-2007-L-102755

AN ACT to Provide for the Confiscation of Proceeds of Crime and for Related Purposes.

Samoa - General provisions - Law, Act

Constitution Amendment Act 2005 (2005, No. 2). -

Adoption: 2005-01-25 | WSM-2005-L-72587

Increases the retirement age of supreme court judges from 62 to 68.

Samoa - General provisions - Law, Act

Crimes (Abolition of Death Penalty) Amendment Act 2004 (No. 7). -

Adoption: 2004-01-21 | WSM-2004-L-72584

Amends the Crimes Ordinance 1961 and the Criminal Procedure Act 1972 by abolishing the death penalty.

Samoa - General provisions - Law, Act

Companies Act 2001 (2001, No. 6). (Tulafono o Kamupani 2001) -

Adoption: 2001-06-20 | Date of entry into force: 2008-07-01 | Date of gradual entry into force: 2006-12-21 | WSM-2001-L-102749

AN ACT to provide for the formation and governance of Companies in Samoa.

Samoa - General provisions - Law, Act

Constitution Amendment Act 2000 (No. 12 of 2000). -

Adoption: 2000-12-22 | WSM-2000-L-70887

Amends Article 87 of the Constitution concerning the Public Service Commission responsibilties as well as Article 89 concerning the Chief Justice, Article 32 concerning the appointment of the Deputy Prime Minister and Article 33 concerning the procedure when the Prime Minister is temporarily prevented from performing his or her functions.

Samoa - General provisions - Constitution

Constitution Amendment Act (No. 2) 1997 (No. 15). -

Adoption: 1997-07-04 | WSM-1997-C-51621

Amendments to reflect the name change of the state from "Western Samoa" to "Samoa."

Samoa - General provisions - Constitution

Constitution Amendment Act (No. 1) 1997 (No. 3). -

Adoption: 1997-03-14 | WSM-1997-C-51620

Amendments regarding the Controller and Chief Auditor.

Samoa - General provisions - Law, Act

Labour and Employment Act 1972, No. 12 -

Adoption: 1972-12-08 | WSM-1972-L-69509

Comprehensive labour legislation divided into the following 8 parts: part 1 contains preliminary provisions; part 2 concerns administration; part 3 makes provision for wages protection; part 4 regulates contracts of service; part 5 deals with holidays, leave, hours of work and overtime; part 6 contains provisions concerning working conditions, safety and health including the employment of children; part 7 establishes conciliation and arbitration procedures; and part 8 contains miscellaneous provisions.

Samoa - General provisions - Constitution

Constitution of the Independent State of Western Samoa, 1962. -

Adoption: 1962-01-01 | WSM-1962-C-44021

Part II sets forth fundamental rights and freedoms. These include the right to life (except in cases of death penalty) and liberty; freedom of religion, assembly and association; and freedom from forced labour and inhuman treatment. No law shall discriminate against persons on the grounds of their descent, sex, language, religion, nor shall it prevent the making of any provision for the advancement of women and children (s. 15). Part X covers emergency powers. Existing laws shall continue after independence. Integrated version of 1998 available.

Samoa - General provisions - Law, Act

Crimes Ordinance 1961 (1961, No. 13). -

Adoption: 1961-12-16 | Date of entry into force: 1962-01-01 | WSM-1961-L-72585

Part I - Jurisdiction
Part II - Matters of justification or excuse
Part III - Parties to the commission of offences
Part IV - Crimes against public order
Part V - Crimes affecting administration of law and justice and public administration
Part VI - Crimes against religion, morality and public welfare
Part VII - Crimes against person and reputation
Part VIII - Crimes against rights of property