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Municipalities (Amendment) Act 2001

Assent 25 05 01
Commencement 31.05.01

REPUBLIC OF VANUATU

MUNICIPALITIES (AMENDMENT) ACT
NO. 1 OF 2001

Arrangement of Sections

1. Amendments

2. Commencement

Schedule

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REPUBLIC OF VANUATU

MUNICIPALITIES (AMENDMENT) ACT
NO. 1 OF 2001

An Act to amend the Municipalities Act [CAP 126]

BE IT ENACTED by the President and Parliament as follows-

1 Amendments

The Municipalities Act [CAP 126] 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 Municipalities Act [CAP 126]

1 After section 6

Insert

“6A Appointment of Commissioner

(1) This section applies in relation to the Port Vila Municipal Council (“the Council”) and its councillors whose term expired on 24 March 2001.

(2) The Minister may by order appoint a Commissioner to administer the affairs of the Council if the Minister is, on the advice of the Director-General, satisfied that it is necessary to do so to ensure the proper administration of the Council.

(3) The Minister may appoint a public servant, or any other person, with suitable qualifications or experience as the Commissioner and the Commissioner is to be appointed:

(a) for the period that starts on the commencement of this section and ends on the day on which the mayor of the Council is elected in accordance with the regulations made under this Act; and

(b) on such terms and conditions as are specified in the order.

(4) The Commissioner has such powers as are necessary to administer the affairs of the Council while the Commissioner’s appointment is in force.

(5) Despite subsection 7(1A), the election of councillors for the Council must be held before 25 September 2001 on a date to be determined by the Electoral Commission after consultation with the Minister.”.

2 After subsection 7(1)

Insert

“(1A) The election of councillors must be held not earlier than 30 days and not later than 60 days after the end of their term.

(1B) The Electoral Commission must, after consultation with the Minister, determine the date of the election of the councillors.”.

3 Paragraph 7(2)(a)

Repeal the paragraph.

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REPUBLIC OF VANUATU

MUNICIPALITIES (AMENDMENT) ACT
NO.1 OF 2001

Explanatory Note

The Bill amends the Municipalities Act [CAP 126].

Item 1 of the Schedule gives the Minister a special power to appoint a Commissioner to administer the affairs of the Council. The power is necessary to ensure that the Council is administered properly until the next election of councillors which is to take place before 25 September. The term of the Port Vila Municipal Councillors expired on 24 March.

Item 2 of the Schedule requires an election to be held not earlier than 30 days and not later than 60 days after a council’s term expires. The Electoral Commission is to determine the date of the election after consultation with the Minister. Item 2 is a general rule and does not apply in relation to the Port Vila Municipal Councillors whose term expired on 24 March.

Item 3 repeals paragraph 7(2)(a) which is no longer necessary.

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

Minister of Internal Affairs