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Public Prosecutors (Amendment) Act 2003

REPUBLIC OF VANUATU

THE
PUBLIC PROSECUTORS AMENDMENT ACT
NO. 18 OF 2003

Arrangement of Sections

1. Amendments
2. Commencement
   

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REPUBLIC OF VANUATU

Assent: 1^st December, 2003
Commencement: 15^th December, 2003

THE
PUBLIC PROSECUTORS AMENDMENT ACT
NO. 18 OF 2003

An Act to amend the Public Prosecutors Act No. 7 of 2003

Be it enacted by the President and Parliament as follows-

1. Amendments
   

The Public Prosecutors Act No. 7 of 2003 is amended as set out in the Schedule.

2. Commencement
   

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

SCHEDULE

AMENDMENTS OF THE PUBLIC PROSECUTORS ACT
NO. 7 OF 2003

1 At the end of section 4

Add

"(2) In allocating a sufficient budget to the Office for a particular year, the amount of money that has been paid into the Trust Fund during the previous year is to be taken into account."

2 Section 2

Insert in its correct alphabetical position

"Trust Fund means the Public Prosecutors Office Trust Fund established by section 29A."

3 After section 29

Insert

"29A Public Prosecutors Office Trust Fund

(1) An account to be known as the Public Prosecutors Office Trust Fund is established.

(2) There is to be paid into the Trust Fund:

(a) any amounts recovered by the Office for legal or professional costs, or disbursements, arising from proceedings in any court within or outside Vanuatu; and

(b) interest from the investment of moneys standing to the credit of the Trust Fund.

(3) Amounts standing to the credit of the Trust Fund are to be paid out of the Fund only for the purposes of the Office.

(4) Without limiting subsection (3), amounts may be used for all or any of the following:

(a) providing financial incentives to legal and support staff within the Office;

(b) training and development of legal and support staff within the Office;

(c) the purchase of equipment and furniture for the Office;

(d) additional legal and support staff for the Office;

(e) such other matters related to the functions of the Office that the Public Prosecutor authorises in writing.

(5) Money standing to the credit of the Trust Fund can be invested only with the National Bank of Vanuatu.

29B Accounts and auditing, and annual report

(1) The Office must keep proper accounting records in relation to the Trust Fund, and must cause annual statements of account to be prepared for the Trust Fund.

(2) The Trust Fund for each financial year must be audited within 3 months after the end of the financial year by the Auditor General or a person authorised by the Auditor General.

(3) Details of monies paid into and out of the Trust Fund must be included in the annual report for the Office."

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