LAWS OF THE REPUBLIC OF VANUATU
CONSOLIDATED EDITION 2006

Commencement: 15 December 2003

CHAPTER 295
CONSOLIDATION OF THE FRENCH AND ENGLISH TEXTS OF THE LAWS OF VANUATU

Act 20 of 2003

ARRANGEMENT OF SECTIONS

1. Interpretation
2. Appointment of Consolidators
3. Contents of Consolidations
4. Powers of Consolidators
5. No power to make alterations of substance
6. Consolidations not to operate as new law
7. Construction of references to Consolidations
8. Rectification of errors
9. Bringing of Consolidations into operation
10. Consolidations equally authoritative
11. Copies to be signed and deposited
12. Form of Consolidations
13. Directions

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CONSOLIDATION OF THE FRENCH AND ENGLISH TEXTS OF THE LAWS OF VANUATU

To provide for the consolidation of the French and English texts of the laws of Vanuatu, and for related purposes.

1. Interpretation

In this Act, unless the contrary intention appears:

"appointed day" means a day appointed by the Minister by order for the purposes of section 3.

"Consolidator" means the person appointed by the Minister under section 2(1) or 2(2).

"English Text Consolidation" means the consolidation of the English text of the relevant Acts prepared in accordance with this Act.

"French Text Consolidation" means the consolidation of the French text of the relevant Acts prepared in accordance with this Act.

"Minister" means the Minister responsible for matters relating to law and justice.

"relevant Act" means any Act mentioned in section 3(1) or 3(2), and any part of any such Act.

"Revised Edition" means the edition of the laws of Vanuatu prepared under the Revision and Consolidation of Laws Act [Cap. 185].

2. Appointment of Consolidators

(1) The Minister may by order appoint a person to prepare a consolidation of the French text of the relevant Acts. 

(2) The Minister may by order appoint a person to prepare a consolidation of the English text of the relevant Acts.

3. Contents of Consolidations

(1) Subject to subsection (3), the French Text Consolidation is to consist of the following:

(a) the French text of the Constitution of Vanuatu in operation on the appointed day;

(b) the French version of the English text of the Acts in the Revised Edition that are in force on the appointed day and have not been amended;

(c) the French text of any other Acts that are in force on the appointed day and have not been amended;

(d) the French version of the English text of the Acts in the Revised Edition that are in force on the appointed day and have been amended with all necessary omissions, amendments and substitutions effected by the amending Acts or subordinate legislation;

(e) the French text of any other Acts that are in force on the appointed day and have been amended with all necessary omissions, amendments and substitutions effected by the amending Acts or subordinate legislation;

(f) a chronological list of Acts, a table of contents and an index.

(2) Subject to subsection (3), the English Text Consolidation is to consist of the following:

(a) the English text of the Constitution of Vanuatu in operation on the appointed day;

(b) the English text of the Acts in the Revised Edition that are in force on the appointed day and have not been amended;

(c) the English text of any other Acts that are in force on the appointed day and have not been amended;

(d) the English text of the Acts in the Revised Edition that are in force on the appointed day and have been amended with all necessary omissions, amendments and substitutions effected by the amending Acts or subordinate legislation;

(e) the English text of any other Acts that are in force on the appointed day and have been amended with all necessary omissions, amendments and substitutions effected by the amending Acts or subordinate legislation;

(f) a chronological list of Acts, a table of contents and an index.

(3) The following are not to be included in the French Text Consolidation or the English Text Consolidation:

(a) any Appropriation Act or Supplementary Appropriation Act;

(b) any Act authorising the raising or guaranteeing of a specific loan;

(c) any Act of a temporary nature which can in the opinion of the Attorney General, after consultation with the Consolidators, be conveniently omitted;

(d) subordinate legislation, unless the Attorney General otherwise directs under section 13.

4. Powers of Consolidators

(1) In the preparation of the French Text Consolidation and the English Text Consolidation, the relevant Consolidator has the following powers:

(a) to omit the following:

(i) all relevant Acts or parts of relevant Acts which have been repealed expressly or by necessary implication, or which have expired or have become spent or have had their effect;

(ii) all repealing provisions contained in relevant Acts and also all tables or lists of repealed relevant Acts whether contained in schedules or otherwise;

(iii) all words of enactment in any relevant Act or provision of a relevant Act;

(iv) all provisions prescribing the date when, or manner in which, any relevant Act is to come into operation, where such omission can, in the opinion of the Consolidator, after consultation with the Attorney General, conveniently be made;

(b) to correct minor and obvious grammatical and typographical errors;

(c) to supply or alter marginal notes, head notes or headings;

(d) to correct cross-references;

(e) to make such formal alterations as to names, localities, offices, titles and otherwise as may be necessary to bring any relevant Act into conformity with the circumstances of Vanuatu;

(f) to do all things relating to form which may be necessary for the perfecting of the French Text Consolidation or the English Text Consolidation.

(2) In exercising the powers under subsection (1), a Consolidator is subject to the direction and control of the Attorney General.

(3) A Consolidator must keep a record of all corrections made under paragraphs (b) to (f) of subsection (1) and make it available to the Attorney General on request. 

5. No power to make alterations of substance

Nothing in this Act is to be construed to confer power on a Consolidator to alter the substance of any relevant Act.

6. Consolidations are not to operate as new law

The French Text Consolidation and the English Text Consolidation do not operate as new law, but are to be construed and have effect as consolidations of the relevant Acts that are published in them. 

7. Construction of references to Consolidations

(1) If in any written law or other instrument or document reference is made to any relevant Act the provisions of which have been by virtue of this Act embodied in the English Text Consolidation, such reference is where necessary and practicable deemed to extend and apply to the corresponding provisions in the English Text Consolidation.

(2) If in any written law or other instrument or document reference is made to any relevant Act the provisions of which have been by virtue of this Act embodied in the French Text Consolidation, such reference is where necessary and practicable deemed to extend and apply to the corresponding provisions in the French Text Consolidation.

8. Rectification of errors

(1) If any error is made in the publication of the French Text Consolidation or the English Text Consolidation, the Minister must rectify the error by an order making the required amendments.

(2) In this section, an error means the publication of a relevant Act in a form not authorized by this Act, or the omission from the French Text Consolidation or the English Text Consolidation of a relevant Act which is required by this Act to be published therein.

9. Bringing of Consolidations into operation

(1) The Minister may approve the French Text Consolidation or the English Text Consolidation and appoint a day on which it is to come into operation. The approval is to be made by order.

(2) On and after the day appointed under subsection (1), the English Text Consolidation is the sole and only proper version of the English text of all relevant Acts contained in it.

(3) On and after the day appointed under subsection (1), the French Text Consolidation is the sole and only proper version of the French text of all relevant Acts contained in it. 

10. Consolidations equally authoritative

The French Text Consolidation and the English Text Consolidation are equally authoritative on and after the day appointed under section 9(1).

11. Copies to be signed and deposited

(1) An electronic copy of the French Text Consolidation and an electronic copy of the English Text Consolidation are to be transmitted to the Chief Justice. 

(2) Electronic copies of the French Text Consolidation and the English Text Consolidation are to be distributed to such persons, officers, ministries, departments and institutions as the Minister directs.

(3) Copies of the French Text Consolidation and the English Text Consolidation are to be offered for sale to the general public in such form and at such price as the Minister directs.

12. Form of Consolidations

The French Text Consolidation and the English Text Consolidation are to be published in such form as the Minister directs.

13. Directions

(1) After consultation with the Consolidators and the Parliamentary Counsel, the Attorney General may issue written directions to either or both Consolidators on the preparation or publication of the French Text Consolidation or the English Text Consolidation. 

(2) A Consolidator must comply with any relevant direction.