TONGA

TONGA SPORTS COUNCIL ACT 1989

Act 24 of 1989

Arrangement of Sections

Section
1 Short Title.
2 Interpretation.
3 Tonga Sports Council.
4 Functions of Council.
5 Composition of Council.
6 Council's powers.
7 Limitation of Councils Authority.
8 Council Funds.
9 Investment.
10 Accounts.
11 Audit of accounts.
12 Reports.
13 Personal Liability.
14 Regulations.

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TONGA SPORTS COUNCIL ACT 1989

Act 24 of 1989

AN ACT TO INCORPORATE AND CONFER POWERS UPON THE TONGA SPORTS COUNCIL AND FOR MATTERS INCIDENTAL THERETO

I assent,
TAUFA'AHAU TUPOU IV,
22nd December, 198

[24th October, 1989]

BE IT ENACTED by the King and Legislative Assembly of Tonga in the Legislature of the Kingdom as follows:

1 Short Title.

This Act may be cited as the Tonga Sports Council Act 1989.

2 Interpretation.

In this Act, unless the context otherwise requires -

"Chairman" means the person appointed by the Minister with the approval of His Majesty in Privy Council to be the Chairman of the Council under section 5(1);

"Council" means the Tonga Sports Council established under section 3(1);

"Deputy Chairman" means the person appointed by the Minister with the approval of His Majesty in Privy Council to be the Deputy Chairman of the Council under section 5(1);

"Minister" means the Minister responsible for sports;

"Manager" means the Manager of the Council appointed under section 6(n).

3 Tonga Sports Council.

(1) There is hereby established a Council to be known as the Tonga Sports Council which shall be a body corporate with perpetual succession and a common seal and which may sue and be sued, enter into contracts, acquire, purchase, take hold and enjoy real and personal property of every description and may, subject to the provisions of this Act, convey, assign, surrender, and yield up, charge, mortgage, transfer or otherwise dispose of or deal with any real and personal property vested in it upon such terms and conditions as it thinks fit.

(2) Any deeds, documents or other instruments required to be sealed with the common seal of the council shall be sealed therewith in the presence of the Chairman or Deputy Chairman and of the Manager or some other person authorized by the Council to act in that behalf who shall sign any such deed, document or instrument to which the seal is affixed and such signing shall be sufficient evidence that the seal was duly and properly affixed and is the lawful seal of the Council.

(3) Service of any document upon the Council shall be effected by delivering the same to or sending it by registered post to the Manager.

4 Functions of Council.

(1) The functions of the Council shall be-

(a) to foster and promote the development of sport and recreation in Tonga;

(b) to foster support and undertake the provision of facilities for sport and recreation;

(c) to promote the utilization of sporting and recreational facilities in Tonga;

(d) to investigate developments in sport and recreation and disseminate knowledge and information about such developments;

(e) to advise government on any matters relating to sport and recreation.

5 Composition of Council.

(1) The Council shall consist of a Chairman, Deputy Chairman and not less than three nor more than five other members, all of whom shall be appointed by the Minister with the approval of His Majesty in Privy Council.

(2) Except as otherwise provided by this Act, every member of the Council (including the Chairman and Deputy Chairman) shall hold office for a term of three years and shall be eligible for reappointment from time to time.

(3) Any member may resign from the Council by written notice to the Minister, who shall inform His Majesty in Privy Council of such notice.

(4) When any vacancy occurs in the Council due to the death or resignation of a member, the Minister with the approval of His Majesty in-Privy Council shall as soon as practicable fill the vacancy by appointing a new member who shall hold office for the remainder of the term for which his predecessor had been appointed.

(6) [sic] The Chairman (or in his absence the Deputy Chairman) and three members shall form a quorum.

6 Council's powers.

In addition to the powers vested in the Council by section 3, the Council shall have the following powers:

(a) to formulate and implement policies in respect of the furtherance of assistance to sport and recreation generally;

(b) to make grants to any person or organisation to undertake studies, assignments, commissions or investigations, or gain further appropriate experience, whether within the Kingdom or overseas, in respect of matters approved by the Council;

(c) to make grants or subsidies to any person or organization engaged in the execution or promotion of any sporting or recreational activity, on such conditions as the Council thinks fit;

(d) to collect, examine, disseminate, or publish any information relating to sport and recreation, or to any particular form of sport or recreation;

(e) to examine and consider any existing or proposed policies or practices or other matters relating to sport and recreation and the utilization of land for recreational purposes, and to make recommendations thereon to any appropriate person or authority;

(f) to carry out itself, or encourage and support other persons or bodies in carrying out research and studies into matters concerning sport and recreation and to disseminate knowledge and advice on such matters;

(g) to advise, co-operate with or assist Government departments, voluntary organisations or other bodies or persons on any matters concerned with sport or recreation;

(h) to develop any land or other property and to erect and maintain buildings or other structures;

(i) to enter into agreements with any corporation, society, firm or person for the management and maintenance of any land, buildings or thing for the purposes of this Act;

(j) to borrow or raise money and to give security therefor in such manner as the Council thinks fit;

(k) to charge such fees for admission to land or buildings vested in it or under its control, or in respect of any activity promoted, arranged or controlled by it, as the Council thinks fit;

(l) to establish or act as trustees of any charity, organization or body, the object of which are in accordance with any of the Council's objects;

(m) to make rules to regulate its own procedure for the despatch of business at meetings or such other matter as the Council thinks fit;

(n) to employ and fix the remuneration and terms and conditions of service of a Manager and such other employees as the Council considers necessary for the administration of this Act and the performance of the functions of the Council;

(o) generally to do whatever it considers necessary in order to stimulate sporting and recreational activities so that the Council may best accomplish the purposes for which it exists.

7 Limitation of Councils Authority

Nothing in this Act shall be so construed as in any way to authorize the Council to interfere with or give any directions relating to the aims objects or operations of any other sporting or recreational organization.

8 Council Funds.

The funds of the Council shall comprise of-

(a) all money paid to the Council by way of grant or loan;

(b) all money contributed to the Council or otherwise lawfully payable to the Council;

(c) all money received by the Council by way of fees, rent or otherwise in respect of any land or property vested in or under the control of the Council or in respect of the performance or exercise of any of the functions and powers of the Council;

(d) all money received by the Council for the sale or other disposal of any property of the Council;

(e) all accumulations of money belonging to the Council.

9 Investment.

All money of the Council not required for immediate use may be invested in such manner as the Council thinks fit.

10 Accounts.

The Council shall keep proper accounts and other records in respect of its operations and shall cause to be prepared a statement of accounts in respect of each financial year.

11 Audit of accounts.

The accounts of the Council shall be audited annually by the Auditor-General or by such other person and on such terms and conditions as the Minister may appoint.

12 Reports.

(1) As soon as practicable after the end of each financial year the Council shall transmit to the Minister-

(a) a copy of its statement of accounts for such year;

(b) a copy of the report made thereon by the Auditor-General or such other person as may be appointed under section 11;

(c) a report on the activities of the Council during such year.

(2) The Minister shall cause the accounts and reports of the Council to be laid forthwith before His Majesty in Privy Council and the Legislative Assembly.

13 Personal Liability.

No member or employee of the Council shall be personally liable for any act or omission in good faith in the course of operations of the Council or any committee of the Council.

14 Regulations.

His Majesty in Privy Council may make regulations generally for the purpose of carrying out the provisions of this Act and in particular in respect of any matter which he considers necessary or desirable for the furtherance of the functions of the Council.

Passed in the Legislative Assembly this 24th day of October, 1989.

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