TONGA

WHARVES (AMENDMENT) ACT 1992

Act 25 of 1992

AN ACT TO AMEND THE WHARVES ACT

I assent,
TAUFA'AHAU TUPOU IV,
18th January, 1993

[9th November, 1992]

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

1. (1) This Act may be cited as the Wharves (Amendment) Act 1992.

(2) The Wharves Act (Cap. 138) as amended, is in this Act referred to as the Principal Act.

2. Section 2 of the Principal Act is amended by inserting after the definition of "Government Wharf the following:

"Minister" means the Minister responsible for the Ports Administration Department.

3. Section 3 of the Principal Act is hereby amended by deleting the words "Controller of Customs" and substituting the word "Minister".

4. Section 7 of the Principal Act is hereby amended by deleting the words "of Customs".

5. Section 9 of the Principal Act is amended by inserting between the words "lawful for the" and the word "Collector" the following words:

"Harbour Master or other officer authorised by him in the presence of the".

6. Section 12 of the Principal Act is amended by:

(a) inserting between the words "officer-of" and "customs" wherever they appear the words "the Ports Administration Department or";

(b) deleting the words "$2 or in default to imprisonment for a term not exceeding 21 days" and by substituting therefor the figure "$500"."

7. Section 13 of the Principal Act is amended by:

(a) inserting between the words "officer of" and "Customs" the words "the Ports Administration Department or";

(b) deleting the words "$40 or in default to imprisonment for a term not exceeding 3 months" and by substituting therefor the figure "$500".

8. Section 18 of the Principal Act is deleted and the following section substituted:-

"18. The measurement of any Tongan or foreign vessel shall be determined by the Harbour Master, having regard, where applicable, to the provisions of the Convention on Tonnage Measurement of Ships 1969, and to the ships documents of registration."

9. Section 19 of the Principal Act is emended by:

(a) deleting the words "or chief officer of Customs";

(b) deleting the words "$20 or in default to imprisonment for a term not exceeding 14 days" and by substituting therefor the figure "$100".".

10. Section 20 of the Principal Act is emended by deleting the words "Minister of Police or the Controller of Customs" and replacing them with the words "Attorney General".

Passed in the Legislative Assembly this 9th day of November. 1992.

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