LAWS OF WESTERN SAMOA

YOUTH, SPORTS AND CULTURAL AFFAIRS

ANALYSIS

Title
1. 	Short title	13. 	Disclosure of conflicting interest	
2. 	Interpretation
Administration for Youth, Sport and Cultural Affairs	14. 
	Individual members of Council and committees not personally liable	
3. 	Administration of Act	15.	Remuneration and allowances of Council and committee members	
4. 	Secretary for Youth, Sports and Cultural Affairs		Functions and Powers of Council	
5. 	Administration staff
Western Samoa Council for Youth, Sports and Cultural Affairs	16.
17.
18.	Limitation of powers
Functions
Powers
Financial provisions	
6. 	Western Samoa Council for Youth, Sports and Cultural Affairs	19.	Grants to Council	
7. 	Term of office of appointed members	20.	Funds of the Council	
8. 	Extraordinary vacancies	21.	Money to be banked	
9. 	Meetings of council	22.	Accounts	
10. 	Executive committee and special committees	23.	Audit	
11. 	Delegation of Council’s powers	24.	Annual report	
12. 	Proceedings not invalid by irregularities, etc.	25.	Exemption from income tax and other duties	
		26.	Validation	

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THE YOUTH, SPORTS AND CULTURAL AFFAIRS ACT 1976

1976, No. 10

An Act to make provision for matters relating to youth, sports and cultural affairs and to establish the Western Samoa Council for Youth, Sports and Cultural Affairs

[23 August 1976]

1. Short title - This Act may be cited as the Youth, Sports and Cultural Affairs Act 1976.

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

"Council" means the Western Samoa Council for Youth, Sports and Cultural Affairs established under section 6;

"Department" means the Department under the charge of the Secretary;

"Minister" means the Minister for Youth, Sports and Cultural Affairs;

"Secretary" means the Secretary for Youth, Sports and Cultural Affairs.

Administration for Youth, Sports and
Cultural Affairs

3. Administration of Act - This Act shall be administered in the Department which, through the Secretary, shall provide the administrative, executive, and secretarial services for the Council.

4. Secretary for Youth, Sports and Cultural Affairs - (1) There shall, for the purposes of this Act, be a Secretary for Youth, Sports and Cultural Affairs.

(2) The Secretary shall be the person who is the Permanent Head of such Government Department as is for the time being designated for that purpose by the Public Service Commission.

5. Administration staff - (1) The Public Service Commission may from time to time appoint such employees as may be necessary for the administration of this Act and for the functions of the Council.

(2) The office held by any person appointed under subsection (1) may be held either separately or in conjunction with any other office in the Public Service.

Western Samoa Council for Youth, Sports
and Cultural Affairs

6. Western Samoa Council for Youth, Sports and Cultural Affairs - (1) There is hereby established a Council to be called the Western Samoa Council for Youth, Sports and Cultural Affairs.

(2) The Council shall consist of-

(a) The Minister who shall be the Chairman;

(b) 'The Secretary who shall be the Deputy Chairman;

(c) Five persons to represent the interests of youth of Western Samoa;

(d) Five persons to represent the interests of sports in Western Samoa;

(e) Three persons to be representatives for culture and matters relating to the cultural affairs of Western Samoa.

(3) The persons referred to in paragraphs (c), (d), and (e) of subsection (2) shall be appointed by the Head of State, acting on the advice of Cabinet.

7. Term of office of appointed members - (1) Every appointed member of the Council shall hold office for a term of 3 years, and shall be eligible for reappointment from time to time.

(2) Every appointed member of the Council shall, unless he sooner vacates his office under section 8, continue in office until his successor comes into office.

8. Extraordinary vacancies - (1) Any appointed member of the Council may at any time be removed from office by the Head of State, acting on the advice of Cabinet, for disability, bankruptcy, neglect of duty, or misconduct, or may at any time resign his office by written notice to the Minister.

(2) When the office of any appointed member of the Council becomes vacant by death, resignation, or removal from office, the vacancy so created shall as soon as practicable be filled in the manner in which the appointment to the vacant office was originally made. Every person so appointed shall hold office for the residue of the term for which his predecessor would have held office if the vacancy had not occurred.

9. Meetings of Council - (1) The first meeting of the Council shall be held at a time and place to be appointed by the Minister.

(2) Subsequent meetings of the Council shall be held at such times and places as the Council or the Chairman may from time to time appoint.

(3) At any meeting of the Council 8 members shall form a quorum.

(4) The Chairman shall preside at every meeting of the Council at which he is present. If at any meeting the Chairman is not present, the Deputy Chairman shall preside at the meeting; and if the Deputy Chairman also is not present or there is no Deputy Chairman, the members present shall appoint one of their number to preside at that meeting. The Deputy Chairman or person so appointed shall have and may exercise and perform in any such case all the powers and functions of the Chairman for the purposes of the meeting.

(5) At any meeting of the Council the person presiding shall have a deliberative vote, and, in the case of an equality of votes, shall also have a casting vote.

(6) Every question before any meeting of the Council shall be determined by a majority of the votes of the members present and voting thereon.

(7) In the absence from any meeting of the Secretary, he may authorise any other officer of the Department to attend the meeting in his place. While any such officer is attending a meeting under this subsection he shall be deemed for all purposes to be a member of the Council. The fact that any person attends and acts as such a member at any meeting shall be sufficient evidence of his authority to do so in the absence of proof to the contrary.

(8) The Chairman may at any time call a special meeting of the Council; and it shall be the duty of the Chairman to call a special meeting at any time when requested to do so by a requisition in writing signed by 8 members of the Council:

Provided that no special meeting shall be held unless at least 3 clear days' notice in writing thereof and of the business to be transacted at the meeting has been given to members of' the Council.

(9) Subject to the provisions of this Act, the Council may regulate its own procedure.

10. Executive committee and special committees - (1) The Council may from time to time, by resolution, appoint, discharge, alter, continue, or reconstitute-

(a) An executive committee of not less than 5 members;

(b) Special committees for particular purposes.

(2) Every member of the executive committee shall be a member of the Council, but any person may be appointed by the Council to a special committee notwithstanding that he is not a member of the Council.

(3) Subject to any directions given by the Council, each committee may regulate its own proceedings in such manner as it thinks fit.

11. Delegation of Council's powers - (1) The Council may delegate to the executive committee or to any special committee such of its powers and functions as it thinks fit.

(2) Subject to any general or special directions given or conditions attached by the Council, any powers and functions so delegated may be exercised and performed by the committee with the same effect as if those powers and functions had been directly conferred by this Act and not by delegation.

(3) Every committee purporting to act under any delegation under this section shall be presumed to be acting in accordance with the terms of the delegation, in the absence of proof to the contrary.

(4) Every such delegation shall be revocable at will, and no such delegation shall prevent the exercise or performance of any power or function by the Council.

(5) Until any such delegation is revoked, it shall continue in force according to its tenor, notwithstanding any change in the membership of the Council or of any committee.

12. Proceedings not invalid by irregularities, etc. - No act or proceeding of the Council or of any person acting as a member of the Council shall be invalidated because of a vacancy in the membership of the Council at the time of the act or proceeding, or because of' the subsequent discovery that there was some defect in the appointment of any person so acting or that he was incapable of acting as or being such a member.

13. Disclosure o£ conflicting interest - (1) Any member of the Council, the executive committee or any other committee who, otherwise than as a member, is directly or indirectly interested in any business of the Council or any such committee shall, as soon as possible after- the relevant facts have come to his notice, disclose the nature of' his interest at a meeting of the Council or committee.

(2) A disclosure under this section shall be recorded in the minutes of the Council or committee and, except as otherwise provided by a resolution of the Council or committee, the member shall not take part after the disclosure in any deliberation or decisions relating to the business, but shall be counted as present for the purpose of forming a quorum of the Council or committee for any such deliberation or decision.

14. Individual members of Council and committees not personally liable - No member of the Council and no member of the executive committee or any other committee shall be personally liable for any act done or default made by the Council or the executive committee or any other committee in good faith in the course of operations of the Council or executive committee or any other committee.

15. Remuneration and allowances of Council and committee members - There may be paid, out of the funds of the Council-

(a) To each member of the Council, the executive committee, and any other committee, at a rate to be approved by Cabinet, travelling expenses reasonably incurred by him in the performance of his duties as such member; and

(b) To any member of the Council, the executive committee, and any other committee, so long as he is not. a full-time salaried officer or employee of the Government, such sum as may from time to time be approved by Cabinet in respect of each day or part of a day that he spends on the business of the Council or any such committee of the Council.

Functions and Powers of Council

16. Limitation of Powers- Except for the purpose of specifying conditions under which grants or concessions are made or subsidies are paid in accordance with section 18, nothing in this Act shall be so construed as to in any way authorise the Council to interfere with, or give any directions relating to, the aims, objects, or operations of any youth, sports or cultural organisation.

17. Functions - (1) The general functions of the Council shall be-

(a) To foster and promote the total well-being of the youth of Western Samoa, and of the sporting activities and cultural affairs of Western Samoa;

(b) To advise the Government on any matters relating to youth, sports and cultural affairs;

(c) To investigate developments in youth activity, sports and culture, and disseminate knowledge and information about such developments.

(2) In the exercise and performance of its powers and functions, the Council shall have regard to the general policy of the Government in respect of youth, sports and the cultural affairs of Western Samoa, and shall comply with any direction given in writing by the Minister relating to that policy.

18. Powers - (1) The Council shall have all such powers as may be reasonably necessary to enable it to carry out its functions.

(2) Without limiting the generality of the powers of the Council under subsection (1), it may-

(a) Formulate and implement policies in respect of the furtherance of and assistance to youth and sporting activities generally, and cultural affairs;

(b) Recommend to Government that grants be made to any person or organisation to undertake studies, assignments, or commissions, make investigations, or gain further appropriate experience, whether within Western Samoa or overseas, in respect of matters approved by the Council;

(c) Recommend to Government that grants or concessions be made or subsidies be paid to any person or organisation engaged in the execution or promotion of any youth, sporting or cultural activity, on such conditions as the Council recommends;

(d) Collect, examine, disseminate, or publish any information relating to youth, sporting or cultural activity, or to any particular form of youth, sporting or cultural activity;

(e) Examine and consider any existing or proposed policies or practices, or other matters, relating to youth, sporting or cultural activity and the utilisation of public land for sporting purposes, and make recommendations thereon to any appropriate person or authority;

(f) Carry out itself, or encourage and support other persons or bodies in carrying out, research and studies into matters concerning youth, sports and cultural affairs; and to disseminate knowledge and advice on such matters;

(g) Advise, co-operate with, or assist Government Departments, local authorities, voluntary organisations or other bodies or persons on any matters concerned with youth, sports and cultural affairs;

(h) Charge such fees for admission in respect of any activity promoted, arranged, or controlled by it, as the Council thinks fit;

(i) Subject to the provisions of this or any other Act, generally do whatever it considers necessary in order to stimulate youth, sporting and cultural activity so that it may best accomplish the purposes for which it exists.

Financial Provisions

19. Grants to Council-Any local authority or other public body, any public corporation, any company or other incorporated body, any unincorporated body of persons, or any other person may, unless expressly prohibited by any Act or instrument of trust affecting the donor, make to the Council donations or gifts, and the Council may accept any such donations or gifts.

20. Funds of the Council - The funds of the Council shall comprise-

(a) All money received by the Council out of money appropriated by Parliament for the purposes of the Council;

(b) All money that may be contributed to the Council or that may be otherwise lawfully payable to the Council;

(c) All money received by the Council by way of fees or otherwise in respect of the performance and exercise of any of the functions and powers of the Council;

(d) All accumulations of money belonging to the Council.

21. Money to be banked - (1) Notwithstanding anything in the Public Money Act 1964, all money belonging to the Council shall, as soon as practicable after it has come into the hands of the Council or other person authorised by the Council to receive money on its behalf, be paid into such bank as the Council from time to time appoints to an account to be called the Western Samoa Council for Youth, Sports and Cultural Affairs Trust Account.

(2) No such money shall be withdrawn from the account except by cheque signed by the person authorised by the Council, and countersigned by the Chairman or, in the absence of the Chairman, by the Secretary:

Provided that no withdrawal or payment from the account of any amount exceeding $100 shall be made without the written approval of the Minister.

(3) Subject to the approval of the Minister under subsection (2), every payment of money by the Council shall be authorised by a prior resolution of the Council or shall be submitted to the Council for confirmation at its first ordinary meeting after the date of payment.

22. Accounts - The Council shall keep full and correct accounts of all money received and expended by it.

23. Audit of accounts - (1) Within 5 months after the end of every financial year, the Council shall cause to be prepared full and true statements and accounts of all its income and expenditure in that year and of its assets and liabilities at the end of that year.

(2) The accounts of the Council shall be audited by the Controller and Chief Auditor of the Government of Western Samoa or by any other auditor authorised by him for the purpose.

The Audit Office is auditor of all statutory authorities; see reg. 14 of the Audit Regulations 1976 (W.S.R. 1976/21).

24. Annual report - (1) Within 6 months after the end of every financial year, the Council shall furnish to Cabinet a report of its proceedings and operations for that financial year, together with a copy of its audited accounts for that year.

(2) The Minister shall lay copies of the Council's report, and of the audited accounts, before the Legislative Assembly within 28 days after the same have been furnished to Cabinet, if the Legislative Assembly is then in session, or if it is not, then within 28 days after the commencement of the next ensuing session.

25. Exemption from income tax and other duties - The Council shall not be liable to income tax, customs duty, or other taxation or duty.

26. Validation - All donations and gifts made prior to the coming into force of this Act and paid to the Government of Western Samoa for the purpose of assisting the Western Samoa Rugby Football Union in its sporting tour of New Zealand in the year 1976 shall be deemed to have been made in accordance with and pursuant to section 29 of the Income Tax Act 1974, and to that extent shall be allowed as deductions for income tax purposes.

The Youth, Sports and Cultural Affairs Act 1976 is administered in the
Department of Youth, Sports, and Cultural Affairs.

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