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Government Proceedings (Amendment) Act 2010

REPUBLIC OF VANUATU

GOVERNMENT PROCEEDINGS (AMENDMENT) ACT NO. 4 OF 2010

Arrangement of Sections

1 Amendment
2 Commencement

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Assent: 15/07/2010
Commencement: 17/09/2010

GOVERNMENT PROCEEDINGS (AMENDMENT)
ACT NO. 4 OF 2010

An Act to amend the Government Proceedings Act No.9 of 2007.

Be it enacted by the President and Parliament as follows-

1 Amendment

The Government Proceedings Act No. 9 of 2007 is amended as set out in the Schedule.

2 Commencement

This Act commences on the day on which it is published in the Gazette.

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SCHEDULE

AMENDMENTS OF THE GOVERNMENT PROCEEDINGS ACT NO. 9 OF 2007

1 Heading of the Act (Short title)

Delete “Government”, substitute “State”

2 Long Title of the Act

Delete “Government, ”substitute “State”

3 Section 1 (definition of Constitution)

Repeal the definition.

4 Section 1 (definition of Government)

Repeal the definition.

5 Section 1 (definition of institute)

Delete “filed with”, substitute “accepted as filed by”

6 Section 1 (definition of Republic of Vanuatu)

Repeal the definition.

7 Section 1 (definition of mandatory injunction-paragraph (b))

Reletter the paragraph as “(c)”

8 Section 1 (definition of mandatory injunction)

After paragraph (a) insert

“(b) an order for specific performance of any agreement; and”

9 Section 1

Insert the following in their correct alphabetical positions:

“Constitutional proceeding means any application or proceeding under the Constitution;”

“State includes for the purposes of this Act, a Constitutional or a Statutory Entity;”

10 Subsection 2(2)

Repeal the subsection, substitute

“(2) An issue is not an important public issue if it is already the subject of clear and established precedent or an enactment and involves merely the application of the same.”

11 Section 3

Delete “Government of the Republic of Vanuatu”, substitute “State”

12 Subsection 5(1)

Delete “Government” (wherever occurring).

13 Subsection 5(1)

Delete “by or against the”.

14 Subsection 6(1)

Delete “Government,” substitute “State”

15 Subsection 6(1)

After “urgent proceeding”, insert “or a Constitutional proceeding”

16 Subsection 6(1)

Delete “is to”, substitute “may”

17 Subsection 6(2)

After “notice,” insert “under subsection (1)”

18 Section 7

Delete “Rules of Court”, substitute “rules of court”

19 Subsection 9(1)

After “Government”, insert “ is entitled to and”

20 Subsection 9(1)

Delete “in a Court in such circumstances and such amount as the Court decides”, substitute “under section 3 or in respect of a Statutory Corporation represented by the State Law Office”

21 Subsection 9(2)

Delete “of an incidental to all proceedings in a Court as if it were an individual,”, substitute “to which subsection (1) applies”

22 Subsection 9(3)

Delete “by a Court to the Government”, substitute “under this section”

23 Subsection 9(3)

After “applied”, insert “as between individuals”

24 Subsection 9(4)

Delete “by a Court to the Government”

25 Paragraph 9(5)(a)

Delete “by a Court in favour of the Government”

26 Paragraph 9(5)(b)

Delete “Government”, substitute “State or a Statutory Corporation represented by the State Law Office”

27 Subsections 10 (2) and 10(3)

Delete “Republic of Vanuatu”, substitute, “State”

28 At the end of section 10

Add

“(4) This Act does not affect public interest privileges.

(5) The State shall not be required to give security for the costs of any party.

(6) The State shall not be required to give any undertaking as to damages as a precondition to the grant of any injunction, but shall be liable in respect of any injunction as it may obtain in the same manner and to the same extent as an individual as if such an undertaking had been given by that individual.

(7) The State or any officer of the State in that capacity is not liable to pay any fees in any Court.”

29 Section 11

Delete “Republic of Vanuatu” (wherever occurring), substitute “State”