LAWS OF WESTERN SAMOA

SAMOAN ANTIQUITIES

ANALYSIS
Title

1. Short title
2. Interpretation
3. Head of State may acquire Samoan antiquities
4. Samoan antiquities to be offered for sale before export except fine mats to American Samoa
5. Power to detain Samoan antiquities attempted to be exported	6. Exporting Samoan antiquities without permission
7. Power to remove antiquities under certain conditions
8. Right to copy of antiquities intended to be exported
9. Head of State to decide what articles come under Ordinance
10. Regulations
	
------------------------------------

THE SAMOAN ANTIQUITIES ORDINANCE 1954

1954, No. 4

An Ordinance to make provision for the protection and preservation of Samoan Antiquities, Relics, Curios and Articles of Anthropological interest and scientific value.

[23 September 1954

1. Short title- This Ordinance may be cited as the Samoan Antiquities Ordinance 1954.

2. Interpretation- In this Ordinance, unless the context otherwise requires,-

"Samoan antiquities" includes Samoan relics, articles manufactured with ancient Samoan tools and according to Samoan customs and methods and all other articles or things of historic, anthropological, or scientific value or interest and relating to Samoa including Samoan fine mats, orators staffs, orators fly whisks, ceremonial head-dress and other artifacts but does not include any botanical or mineral collections or specimens.

3. Head of State may acquire Samoan antiquities- [The Head of State] may acquire on behalf of the Government of Western Samoa such Samoan antiquities as he deems expedient and may provide for the safe custody of the same.

The reference to the Head of State was substituted for a reference to the High Commissioner by s. 4(2) of the Existing Law Adjustment Ordinance 1961.

4. Samoan antiquities to be offered for sale before export except fine mats to American Samoa- (1) Subject to subsection (2) of this section it shall not be lawful to remove from Western Samoa Samoan antiquities without first offering the same for sale to some person authorised in that behalf by [the Head of State] for the benefit of Western Samoa.

(2) Notwithstanding anything in the preceding provisions of this section, where it is shown to the satisfaction of the Collector or other proper officer of Customs that any person is desirous of transporting out of Western Samoa to American Samoa any fine mat or mats for presentation as a ceremonial gift or gifts, the Collector or other proper officer may grant permission in writing to such person under this subsection for the export of such mat or mats from Western Samoa.

In subs. (1) the reference to the Head of State was substituted for a reference to the High Commissioner by s. 4(2) of the Existing Law Adjustment Ordinance 1961.
In subs. (2), as to the Collector of Customs, see s. 282(4) of the Customs Act 1977.

5. Power to detain Samoan antiquities attempted to be exported- It shall be the duty of all constables and officers of Customs to seize and detain any Samoan antiquities attempted to be removed from Western Samoa contrary to this Ordinance.

6. Exporting Samoan antiquities without permission- (1) Every person who without the express permission in writing of [the Head of State] or otherwise than in pursuance of subsection (2) of section 4 of this Ordinance exports or attempts to export from Western Samoa any Samoan antiquities is liable to a fine not exceeding [$200].

(2) Notice of the intention to export any Samoan antiquities shall be given by the exporter to the Collector or other proper officer of Customs at least 7 days before shipment.

(3) Any Samoan antiquities entered for export contrary to this Ordinance shall be forfeited and shall be vested in the Government of Western Samoa for the use of the people of Western Samoa provided that [the Head of State] may after enquiry cancel the forfeiture if he thinks fit.

In sub.ss. (1) and (3) the references to the Head of State were substituted for references to the High Commissioner by s. 4(2) of the Existing Law Adjustment Ordinance 1961.
In sub.s (2), as to the Collector of Customs, see s. 282(4) of the Customs Act 1977.

7. Power to remove antiquities under certain conditions- Nothing in this Ordinance shall be deemed to prevent any person who has offered any Samoan antiquities as provided by section 4 hereof removing such Samoan antiquities from Western Samoa provided that he has obtained the permission in writing of [the Head of State].

The reference to the Head of State was substituted for a reference to the High Commissioner by s. 4(2) of the Existing Law Adjustment Ordinance 1961.

8. Right to copy of antiquities intended to be exported- (1) On any application for permission to export any Samoan antiquities [the Head of State] may, if he thinks fit, make it a condition to the granting of the application that the owner thereof allows them to be copied by photography, cast, or otherwise, in such manner and by such persons as [the Head of State] directs.

(2) Every such copy shall be the property of the Government of Western Samoa for the use of the people of Western Samoa.

In subs. (1) the references to the Head of State were substituted for references to the High Commissioner by s. 4(2) of the Existing Law Adjustment Ordinance 1961.

9. Head of State to decide what articles come under Ordinance- In case any dispute arises as to whether any article or thing comes within the scope of this Ordinance such dispute shall be determined by [the Head of State].

The reference to the Head of State was substituted for a reference to the High Commissioner by s. 4(2) of the Existing Law Adjustment Ordinance 1961.

10. Regulations- (1) The [Head of State, acting on the advice of Cabinet,] may from time to time by notice published in the Western Samoa Gazette make all such regulations as may be required for the purpose of this Ordinance.

(2) Without limiting the power conferred on [the Head of State] by the last preceding subsection it is hereby declared that regulations not inconsistent with any Ordinance or other enactment may be made under this section for all or any of the following purposes:

(a) Prescribing the duties and powers of constables and officers of Customs in enforcing the provisions of this Ordinance;

(b) Prescribing for the breach of any such regulations;

(c) Prescribing the forms required for the purpose of this Ordinance, the records to be kept and the returns to be furnished.

In subs (1) the words "Head of State acting on the advice of Cabinet," were substituted for the words "Head of State" (as substituted for the words "High Commissioner" by s. 4(2) of the Existing Law Adjustment Ordinance 1961) by s. 13 of the Reprint of Statutes (Miscellaneous Provisions) Act 1975.
In subs. (2) the reference to the Head of State was substituted for a reference to the High Commissioner by s. 4(2) of the Existing Law Adjustment Ordinance 1961.

----------------------------

The Samoan Antiquities Ordinance 1954 is administered in the Prime Minister's Department.

---------------------------

REGULATIONS APPLYING TO SAMOAN ANTIQUITIES

Samoan Antiquities Delegation 1960
(Gaz. 1960, p. 200)

----------------------------

THE SAMOAN ANTIQUITIES DELEGATION 1960

As amended by the Reprint of Statutes Act 1972 s. 3(f) (1972, No. 26, 3. s. (4)).

WHEREAS certain functions, powers, and authorities were conferred on the High Commissioner by the Samoan Antiquities Ordinance 1954; and whereas, pursuant to section 8 of the Samoa Amendment Act 1959 (N.Z.), all the said functions, powers, and authorities became exercisable by the Council of State; and whereas it is desirable that certain of the said functions, powers, and authorities should hereafter be exercisable by the Minister of Customs. Now therefore the Council of State, acting on the advice and with the consent of the Executive Council, doth hereby [delegate] to the Minister of Customs all functions, powers, and authorities exercisable by it under the Samoan Antiquities Ordinance 1954 save and except the power to make regulations conferred by section 10 of the said Ordinance.

Given under the hands of the Council of State this 19th day of April 1960.

J. B. WRIGHT, Acting High Commissioner.
TUPUA TAMASESE,	Fautua.
MALIETOA T. II,			
Council of State.

The word "delegate" has been substituted for the word "declare" pursuant to s. 3(f) of the Reprint of Statutes Act 1972.
----------------------------