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Immigration (Amendment) Act 2005

Commencement: 29 August 2005

REPUBLIC OF VANUATU

THE
IMMIGRATION (AMENDMENT) ACT NO. 22 OF 2005

Arrangement of Sections

1. Amendments
2. Commencement
   

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REPUBLIC OF VANUATU

THE
IMMIGRATION (AMENDMENT) ACT NO. 22 OF 2005

Assent: 14 July 2005
Commencement: 29 August 2005

An Act to amend the Immigration Act [CAP 66].

Be it enacted by the President and Parliament as follows-

1 Amendments

The Immigration Act [CAP 66] is amended as set out in the Schedule.

2 Commencement

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

SCHEDULE

AMENDMENTS OF THE IMMIGRATION ACT [CAP 66]

1. Section 21A

Repeal the section.

2. Subsection 22(3)

Delete “VT50,000”, substitute “VT200, 000”.

3. Subsection 22(6)

Delete “VT100,000”, substitute “VT500, 000”.

4. Subsection 22(7)

Delete “VT100,000”, substitute “VT1, 000,000”.

5. After subsection 22(4)

Insert

“(4A) Any person who is convicted of an offence under paragraph 22(1)(i) is liable to a fine not exceeding:

(a) VT100,000, if he or she was unlawfully present in Vanuatu for less than 3 months at the time he or she was charged with the offence; or

(b) VT250,000, if he or she was unlawfully present in Vanuatu for 3 months or more but less than 6 months at the time he or she was charged with the offence; or

(c) VT500,000, if he or she was unlawfully present in Vanuatu for 6 months or more at the time he or she was charged with the offence.”

6. After section 22

Insert

“22A PENALTY NOTICES

(1) The Principal Immigration Officer may serve a penalty notice on a person if it appears to the Officer that the person has committed an offence under subsection 22(1).

(2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person must, within 30 days after receiving the notice, pay to the Principal Immigration Officer the amount of the penalty prescribed by the regulations if dealt with under this section.

(3) The amount prescribed by the regulations must not exceed fifty percent of the maximum penalty specified by subsection 22(1) for the offence.

(4) If the amount specified in the penalty notice is paid under this section, no person is liable to any further proceedings for the alleged offence.

(5) Payment under this section is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil proceeding arising out of the same occurrence.”

7 Schedule 1

Repeal the Schedule inserted by the Immigration (Amendment) Act No. 14 of 1990.

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