LAWS OF TUVALU
2008 Revised Edition

CAP. 52.05

COMMONWEALTH COUNTRIES ACT

Arrangement of Sections 
Section 

1 Short title 
2 Application of Section 25 of the Independence Constitution 
3 References to Commonwealth countries 
4 Membership of the Commonwealth 
5 Judicial notice 
6 Operation of laws in relation to certain Commonwealth countries 

SCHEDULE 
COMMONWEALTH COUNTRIES 

Supporting Documents 
ENDNOTES 

COMMONWEALTH COUNTRIES ACT

TO ALLOW MEMBERSHIP OF THE COMMONWEALTH TO BE MORE READILY ASCERTAINED, TO APPLY SECTION 25 OF THE INDEPENDENCE CONSTITUTION TO ALL COMMONWEALTH COUNTRIES, AND TO PROVIDE FOR THE CONTINUED OPERATION OF THE LAWS OF TUVALU IN RELATION TO CERTAIN COMMONWEALTH COUNTRIES

Commencement [1 January 1984]
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1 Short title 

This Act may be cited as the Commonwealth Countries Act. 

2 Application of Section 25 of the Independence Constitution 

In accordance with Section 25(3) of the Independence Constitution, the countries to which Section 25 of the Independence Constitution applies are all Commonwealth countries ascertained in accordance with this Act (other than Tuvalu). 

3 References to Commonwealth countries 

A reference, direct or indirect, in any law to a Commonwealth country shall be read as a reference to a Commonwealth country ascertained in accordance with this Act (with the exception, as appropriate, of Tuvalu). 

4 	Membership of the Commonwealth 

(1) 	In any proceedings before a court or person acting judicially, a certificate signed by the Minister responsible for Foreign Affairs that on a date, or at a time, specified in the certificate — 

(a) 	a country so specified was or was not a Commonwealth country; or 

(b) 	a territory so specified was or was not a territory for which a Commonwealth country so specified was responsible, 

is conclusive evidence of the matter stated in the certificate. 

(2) 	If a certificate under Subsection (1)(a) is not produced in proceedings before a court or person acting judicially — 

(a) 	the fact that a country is specified in the Schedule is conclusive evidence that the country is a Commonwealth country; and 

(b) 	the fact that a country is not specified in the Schedule is conclusive evidence that country is not a Commonwealth country. 

(3) 	The Minister responsible for Foreign Affairs may, by notice, amend the Schedule — 

(a) 	by adding to it the name of a country that has become a Commonwealth country; or 

(b) 	by omitting from it the name of a country that has ceased to be a Commonwealth country; or 

(c) 	by altering the name of a Commonwealth country in it. 

5 	Judicial notice 

A court or person acting judicially to which or to whom a certificate purporting to be a certificate under Section 3 is produced shall take judicial notice of the signature of the Minister responsible for Foreign Affairs appearing on the certificate, and shall presume that it was duly affixed. 

6 	Operation of laws in relation to certain Commonwealth countries 

All laws of Tuvalu applying in relation to a Commonwealth country that becomes a republic shall, subject to any other law, continue to have the same effect as if the country had not become a republic. 

SCHEDULE

(Section 4(2))

COMMONWEALTH COUNTRIES

Antigua and Barbuda 	Mauritius 	
Australia 	Nauru 	
The Bahamas 	New Zealand 	
Bangladesh 	Nigeria 	
Barbados 	Papua New Guinea 	
Belize 	Saint Christopher Nevis 	
Botswana 	Saint Lucia 	
Brunei 	Saint Vincent and the Grenadines 	
Canada 	Seychelles 	
Cyprus 	Sierra Leone 	
Dominica 	Singapore 	
Fiji 	Solomon Islands 	
The Gambia 	Sri Lanka 	
Ghana 	Swaziland 	
Grenada 	Tanzania 	
Guyana 	Tonga 	
India 	Trinidad and Tobago 	
Jamaica 	Tuvalu 	
Kenya 	Uganda 	
Kiribati 	The United Kingdom and Colonies 	
Lesotho 	Vanuatu 	
Malawi 	Western Samoa 	
Malaysia 	Zambia 	
Maldives 	Zimbabwe 	
Malta