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National Tourism Office (Amendment) Act 1997

Commencement: 07 October 1997

REPUBLIC OF VANUATU

NATIONAL TOURISM OFFICE (AMENDMENT) ACT
NO. 7 OF 1997

Arrangement of Sections

1. Replacement of section 3 of Chapter 142
2. Amendment of section 4
3. Replacement of section 5
4. Replacement of section 6
5. Amendment of section 7
6. Insertion of new section 8A
7. Amendment of section 9
8. Amendment of section 10
9. Amendment of section 11
10. Commencement

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REPUBLIC OF VANUATU

NATIONAL TOURISM OFFICE (AMENDMENT) ACT
NO. 7 OF 1997

Assent: 12/09/97
Commencement: 07/10/97

An Act to amend the structure, functions and financing of the National Tourism Office.

BE IT ENACTED by the President and Parliament as follows: -

REPLACEMENT OF SECTION 3 OF CHAPTER 142

1. Section 3 of the National Tourism Office Act [CAP. 142] in this Act referred to as the "principal Act" is repealed and the following section is substituted -
   

"FUNCTIONS OF THE OFFICE

3. (1) The Office shall encourage and assist the sustainable development of the tourism industry within Vanuatu by undertaking coordinated tourism marketing in overseas and domestic markets.
   

(2) Without limiting the function provided for in subsection (1) the Office shall:

(a) establish a partnership arrangement between government and the industry to coordinate the promotion of Vanuatu as a tourism destination in key international markets;

(b) operate on a commercial basis and seek to maximize the use of the Office budget for marketing purposes;

(c) seek to maximize the level of private sector funding for marketing and support this where possible with government funding;

(d) seek to improve the level of profitability and growth of the tourism industry through effective destinational marketing;

(e) coordinate the activities that provide information services for visitors to Vanuatu and ensure that those services are of the highest possible standard;

(f) endeavour to preserve and stimulate pride in the cultural heritage of Vanuatu; and

(g) encourage the greatest possible Ni-Vanuatu participation in the tourism industry."

AMENDMENT OF SECTION 4

2. Section 4 of the principal Act is amended in subsection (2) -

(a) by deleting paragraph (a) and substituting the following paragraph -

"(a) acquire, hold and dispose of property directly related to the function of the Office,";

(b) by deleting paragraph (c) and substituting the following paragraph -

"(c) subject to the approval of the Director General of the Department of Finance, borrow through the use of a bank overdraft,";

(c) by deleting paragraph (d) and substituting the following paragraph -

"(d) participate in any pension or provident fund for the benefit of its employees and their dependents;";

(d) by deleting paragraph (f);

(e) in paragraph (h) by deleting the words "audio visual matter" and substituting the words "electronic matter".

REPLACEMENT OF SECTION 5

3. Section 5 of the principal Act is repealed and the following section is substituted -
   

"COMPOSITION OF THE OFFICE

5. (1) The Office shall consist of ten members. The Boards of the following industry associations and organizations shall each appoint a representative to be a member of the Office:
   
   • (a) Vanuatu Hotel & Resorts Association (VHRA);
   • (b) Vanuatu Chamber of Commerce and Industry (VCCI);
   • (c) Vanuatu Island Bungalows Association (VIBA);
   • (d) Vanuatu Tour Operators Association (VTOA);
   • (e) Vanuatu Scuba Operators Association (VSOA);
   • (f) Vanuatu Land Transport Association (VLTA);
   • (g) Air Vanuatu (Operations) Ltd; and
   • (h) Vanair Limited
     

(2) Member of the Office appointed -

• (a) by the airlines shall be at Marketing Director or Genera
  
• (b) by associations shall be either at Chairman or General Manager level.
  

(3) The Minister for Tourism shall appoint a representative as a member of the Office.

(4) The General be a member of the Office ex-officio.

(5) Subject to subsection (7) and (8), members of the Office, other than the General Manager, shall serve for a term of three years and shall be eligible for re-appointment.

(6) Association and airline members shall only be eligible to be members of the Office while holding the positions identified in subsection (2).

(7) Where the Chairman or Deputy Chairman is satisfied that a member of the Office appointed under subsections (1) and (2) -

• (a) has been absent from two consecutive meetings of the Office without the consent of the Chairman;
  
• (b) has become insolvent;
  
• (c) is incapacitated by physical or mental illness;
  
• (d) has been convicted of a crime involving moral turpitude; or
  
• (e) is otherwise unable or unfit to discharge the functions of a member,
  

the Chairman or Deputy Chairman may declare the office of the member vacant and the association and/or airline will appoint a replacement member.

(8) Members of the Office may resign by not less than 30 days notice in writing to the Chairman or Deputy Chairman.

(9) Members of the Office shall receive a sitting allowance.

(10) Members of the Office shall be entitled to recover expenses incurred in undertaking duties associated with the activities of the Office.

(11) The level of sitting allowance will be established by the Office."

REPLACEMENT OF SECTION 6

4. Section 6 of the Principal Act is repealed and the following section is substituted -
   

"CHAIRMAN AND DEPUTY CHAIRMAN

6. The Chairman and Deputy Chairman shall be elected by the Office from amongst its members."
   

AMENDMENT OF SECTION 7

5. Section 7 of principal Act is amended as follows -

(a) by numbering the existing provision as subsection (1); and

(b) adding the following as subsection (2) -

"(2) Subject to section 5(7) and (8), the Chairman and Deputy Chairman are eligible to stand for election at the end of their term in Office."

INSERTION OF NEW SECTION 8A

6. After section 8 of the Principal Act insert the following new section -

"APPOINTMENT TO BE GAZETTED

8A. Written notice of the appointment of a member of the Office appointed under section 5 shall be forwarded to the Attorney General for publication in the Gazette.

AMENDMENT OF SECTION 9

7. Section 9 of the principal Act is amended -

(a) by repealing subsection (1) and substituting the following new subsection -

"(1) The Office shall meet once every month;";

(b) in subsection (4) by deleting the words "the Council of Ministers or";

(c) in subsection (9) by deleting the words "Subject to subsection (10) decisions" and substituting the word "Decisions";

(d) by repealing subsection (10).

AMENDMENT OF SECTION 10

8. Section 10 of the principal Act is amended by repealing subsection (1) and substituting the following subsection -
   

"(1) The Office shall appoint the general manager who shall be an employee of the Office."

AMENDMENT OF SECTION 11

9. Section 11 of the principal Act is amended -

(a) by numbering the existing provision as subsection (1);

(b) in subsection (1) by deleting paragraph (b) and substituting the following paragraph -

"(b) grants and cooperative marketing funds from the tourism industry and other sources;";

(c) by adding the following new subsections -

"(2) The funding of the Office provided by Parliament shall be established at approximately 50 percent of the total revenue received from the Hotel and Restaurants Tax.

(3) The Office shall each year prepare an annual business plan.

(4) The funding of the Office will be subject to the approval of the annual business plan by the Director General of the Department of Finance and Minister responsible for Tourism.

(5) The annual business plan shall include the following:

(a) detailed estimates of expenditure and receipts for that year;

(b) detailed annual marketing program to be implemented;

(c) organizational structure, responsibilities and proposed staffing; and

(d) identified performances measures for each major Office activity.

(6) The business plan shall be submitted to the Department of Finance and the Minister responsible for Tourism not later than August each year.

(7) Funding for the Office shall be conditional upon financial support for the marketing activities identified in the business plan by the private sector.

(8) A base operating grant shall be provided by Government for the Office to cover administrative costs.

(9) Marketing activities identified in the business plan shall be funded by a government grant for up to two thirds of the total identified budget. Subject to private sector funding being provided for the remaining one third of the budget."

COMMENCEMENT

10. This Act shall come into force on the date of its publication in the Gazette.

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