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Telecommunications (Amendment) Act 1993

Commencement: 12 July 1993

REPUBLIC OF VANUATU

TELECOMMUNICATIONS (AMENDMENT) ACT
NO. 18 OF 1993

Arrangement of Sections

1. Amendment of section 1 of Act No. 10 of 1989
2. Repeal of Part II of the principal Act
3. Amendment of section 16 of the principal Act
4. Amendment of section 17 of the principal Act
5. Amendment of section 19 of the principal Act
6. Amendment of section 20 of the principal Act
7. Amendment of section 21 of the principal Act
8. Amendment of section 22 of the principal Act
9. Amendment of section 23 of the principal Act
10. Amendment of section 24 of the principal Act
11. Amendment of section 25 of the principal Act
12. Amendment of section 26 of the principal Act
13. Amendment of section 27 of the principal Act
14. Repeal of Parts V and VI of the principal Act
15. Amendment of section 37 of the principal Act
16. Amendment of section 40 of the principal Act
17. Amendment of section 59 of the principal Act
18. Amendment of section 66 of the principal Act
19. Amendment of section 67 of the principal Act
20. Insertion of new sections 67A and 67B into the principal Act
21. Replacement of section 69 of the principal Act
22. Amendment of section 70 of the principal Act
23. Amendment of section 71 of the principal Act
24. Commencement

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REPUBLIC OF VANUATU

Assent: 21/06/93
Commencement: 12/07/93

TELECOMMUNICATIONS (AMENDMENT) ACT
NO. 18 OF 1993

An Act to amend the Telecommunications Act No. 10 of 1989.

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

AMENDMENT OF SECTION 1 OF ACT NO. 10 OF 1989

1. Section 1 of the Telecommunications Act No. 1989, in this Act referred to as the 'principal Act' is amended -
   
   • (a) by deleting the definition of "Authority";
     
   • (b) before the definition of "broadcasting" by inserting the following definition -
     

"authorized officer" means a person appointed as such under section 67A;

(c) by deleting the definition of "telecommunication officer" and substituting the following definition -

"telecommunication officer" means any person employed in a telecommunication system or telecommunication service and includes an operator in connection with a telecommunication service;".

REPEAL OF PART II OF THE PRINCIPAL ACT

2. Part II of the principal Act is hereby repealed.

AMENDMENT OF SECTION 16 OF THE PRINCIPAL ACT

3. Section 16 of the principal Act is amended -

(a) in subsection (3) by deleting the word 'Authority' and substituting the word 'Minister';

(b) by repealing subsection (4);

(c) in subsection (5) -

(i) by deleting the word 'Authority' and substituting the word 'Minister'; and

(ii) by deleting the word 'itself' and substituting the word 'himself';

(d) in subsection (8) -

(i) by deleting the word 'Authority' wherever it occurs and substituting the word 'Minister'; and

(ii) in subparagraph (i) of paragraph (c) by deleting the words "having regard to the provisions of section 14";

(e) (i) by renumbering the subsection immediately before the last subsection as subsection (9);

(ii) by renumbering the last subsection as subsection (10);

(f) in the renumbered subsection (9) by deleting the word 'Authority' and substituting the word 'Minister'; and

(g) in the renumbered subsection (10) by deleting the words 'Fund of the Authority' and substituting the words 'Revenue Fund'.

AMENDMENT OF SECTION 17 OF THE PRINCIPAL ACT

4. Section 17 of the principal Act is amended -

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

"(1) The Minister may, subject to subsection (2), modify any condition of a licence granted under section 16.";

(b) in subsection (2) by deleting the word 'Authority' wherever it occurs and substituting the word 'Minister'; and

(c) in subsection (3) by deleting the word 'Authority' and substituting the word 'Minister'.

AMENDMENT OF SECTION 19 OF THE PRINCIPAL ACT

5. Section 19 of the principal Act is amended in subsections (2), (3), and (4) by deleting the word 'Authority' wherever it occurs in those subsections and substituting the word 'Minister'.
   

AMENDMENT OF SECTION 20 OF THE PRINCIPAL ACT

6. Section 20 of the principal Act is amended -
   

(a) by deleting the word 'Authority' and substituting the word 'Minister'; and

(b) in the head note by deleting the word 'AUTHORITY' and substituting the word 'MINISTER'.

AMENDMENT OF SECTION 21 OF THE PRINCIPAL ACT

7. Section 21 of the principal Act is amended -
   

(a) by deleting the word 'Authority' and substituting the word 'Minister';

(b) by deleting the words "after consultation with the Minister and"; and

(c) by deleting the word "its" and substituting the word "his".

AMENDMENT OF SECTION 22 OF THE PRINCIPAL ACT

8. Section 22 of the principal Act is amended -
   

(a) by deleting the word 'Authority' where it first occurs and substituting the words 'Minister after consulting the Prime Minister';

(b) by deleting the word 'Authority' wherever it occurs and substituting the word 'Minister'; and

(c) in the head note by deleting the word 'AUTHORITY' and substituting the word 'MINISTER'.

AMENDMENT OF SECTION 23 OF THE PRINCIPAL

9. Section 23 of the principal Act is amended -
   

(a) in subsection (1) by deleting the word 'Authority' and substituting the word 'Minister';

(b) by repealing subsection (2); and

(c) in the head note by deleting the word 'AUTHORITY' and substituting the word 'MINISTER'.

AMENDMENT OF SECTION 24 OF THE PRINCIPAL

10. Section 24 of the principal Act is amended -
    

(a) in subsection (1) and (2) by deleting the word 'Authority' wherever it occurs and substituting the word 'Minister'; and

(b) in the head note by deleting the word 'AUTHORITY' and substituting the word 'MINISTER'.

AMENDMENT OF SECTION 25 OF THE PRINCIPAL ACT

11. Section 25 of the principal Act is amended -
    

(a) in subsections (1), (2) and (3) by deleting the word 'Authority' wherever it occurs and substituting the word 'Minister'; and

(b) in the head note by deleting the word 'AUTHORITY' and substituting the word 'MINISTER'.

AMENDMENT OF SECTION 26 OF THE PRINCIPAL ACT

12. Section 26 of the principal Act is amended -
    

(a) in subsections (1), (3), (4), (5) and (6) by deleting the word 'Authority' wherever it occurs and substituting the word 'Minister'; and

(b) in paragraph (a) of subsection (6) by deleting the word "it" where it first occurs and substituting the word "he".

AMENDMENT OF SECTION 27 OF THE PRINCIPAL ACT

13. Section 27 of the principal Act is amended -
    

(a) in subsections (1), (2) and (3) by deleting the word 'Authority' wherever it occurs and substituting the word 'Minister';

(b) in subsection (2) by inserting after "inspect" the words "or cause to be inspected";

(c) in subsection (2) by deleting the word "it" and substituting the word "he"; and

(d) by inserting after subsection (3) the following subsection -

"(3A) In granting a search warrant under subsection (3), the magistrates court may in such a warrant authorizes a police officer or a public servant to enter and inspect such place, ship or aircraft on behalf of the Minister.'.

REPEAL OF PARTS V AND VI OF THE PRINCIPAL ACT

14. Part V and Part VI of the principal Act are hereby repealed.
    

AMENDMENT OF SECTION 37 OF THE PRINCIPAL ACT

15. Section 37 of the principal Act is amended -
    

(a) in subsection (1) by deleting the word 'Authority' and substituting the word 'Minister'; and

(b) in subsection (2) -

(i) by deleting the word 'Authority' and substituting the word 'Minister';

(ii) by deleting the words 'if' it considers and substituting the words 'if he considers'; and

(iii) by deleting the words "after consultation with the Minister".

AMENDMENT OF SECTION 40 OF THE PRINCIPAL ACT

16. Section 40 of the principal Act is amended in subsection (2) by deleting the word 'Authority' wherever it occurs and substituting the word 'Minister'.
    

AMENDMENT OF SECTION 59 OF THE PRINCIPAL ACT

17. Section 59 of the principal Act is amended by deleting the figure '100,000' and substituting the figure '500,000'.
    

AMENDMENT OF SECTION 66 OF THE PRINCIPAL ACT

18. Section 66 of the principal Act is amended -
    

(a) in subsections (1) and (2) by deleting the words 'the Authority' and substituting the words 'every operator';

(b) in subsection (2) by deleting the words "and to ensure compliance by an operator"; and

(c) in the head note by deleting the words 'TO AUTHORITY'.

AMENDMENT TO SECTION 67 OF THE PRINCIPAL ACT

19. Section 67 of the principal Act is amended -
    

(a) in subsection (1) and (2) by deleting the word 'Authority' and substituting the word 'Minister';

(b) in subsection (3) -

(i) by deleting the word 'Authority' and substituting the word 'Minister';

(ii) by deleting the word 'Minister' and substituting the words 'Council of Ministers'; and

(c) in the head note by deleting the word 'AUTHORITY' and substituting the word 'MINISTER'.

INSERTION OF NEW SECTIONS 67A AND 67B INTO THE PRINCIPAL ACT

20. The principal Act is amended by inserting after section 67 the following new sections -
    

"APPOINTMENT OF AUTHORIZED OFFICERS

67A. The Minister may appoint any suitable person to be an authorized officer for the purposes of this Act.

DELEGATION

67B. The Minister may, in writing, delegate to an authorized officer any of his powers, duties and functions under this Act except -

(a) this power of delegation; and

(b) the exercise of powers referred to in sections 18, 17, 19, 20, 21, 23, 26, 66, 67 and 70."

REPLACEMENT OF SECTION 69 OF THE PRINCIPAL ACT

21. Section 69 of the principal Act is repealed and the following new section is substituted -
    

"PROTECTION FOR ACTION TAKEN UNDER THIS ACT

69. No suit or prosecution shall lie against an authorized officer for any act which in good faith is done or purported to be done by such officer under this Act or any regulation or rule made thereunder."
    

AMENDMENT OF SECTION 70 OF THE PRINCIPAL ACT

22. Section 70 of the principal Act is amended by repealing subsection (2).
    

AMENDMENT OF SECTION 71 OF THE PRINCIPAL ACT

23. Section 71 of the principal Act is amended in subsection (2) by deleting the words "recommended by the Authority" in paragraph (a) and substituting the word "made".
    

COMMENCEMENT

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

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