PART XI

MISCELLANEOUS PROVISIONS

 

                133.                Service of notices  -  (1)  Any notice under this Act may be served on any person by delivering it to that person, and may be delivered to him either personally or by leaving it at his place of residence as stated on any roll or by posting it by registered letter addressed to him at that place of residence.   (2)  A notice so posted shall be deemed to have been served at the time when the registered letter would in the ordinary course of post be delivered.   (3)   When any notice is sent by registered letter addressed to any person at his place of residence as stated on any roll, with a special request that the letter be returned to the sender at the expiration of 15 days if the person to whom the letter is addressed cannot be found, the return of the letter by the Post Office shall be deemed sufficient proof that the person has quitted that place of residence.

 

                134.        Chief Electoral Officer and Registrar exempt from Court fees  -  The Chief Electoral Officer and the registrar shall be exempt from the payment of any Court fees in respect of any proceedings under this Act.

 

135.            Validation of irregularities  -  Where anything is omitted to be done or cannot be done at the time required by or under this Act, or is done before or after that time, or is otherwise irregularly done in matter of form, or sufficient provision is not made by or under this Act, the Head of State acting on the advice of Cabinet may, by notice in the Gazette, at any time before or after the time within which the thing is required to be done, extend that time, or validate anything so done before or after the time required or so irregularly done in matter of form, or make other provision for the case as he thinks fit:

 

PROVIDED THAT, this section shall not apply with respect to the presentation of an election petition or to the giving of security for costs in relation to an election petition.

 

                135A.                Certificates of Identity  -  (1)   The Registrar shall in accordance with the provisions of this Act issue to every registered elector or voter a Certificate of Identity:

 

PROVIDED THAT, where a person continues to be a registered elector or voter by virtue of section 10 or 22 of this Act the registrar shall issue such certificate only upon personal application of such elector or voter made to him or to an assistant.

 

                (2)   Every Certificate of Identity shall cease to be valid at the expiry of 10 years from the date upon which it is issued.  (3)  Any person who loses his Certificate to Identity may apply in person to the Registrar or to an assistant for a new Certificate of Identity and shall upon satisfying the Registrar that the certificate has been lost and that he is the person to whom that certificate applies and upon payment of the reasonable cost thereof be entitled to receive a new Certificate of Identity.    (4)   Where a new Certificate of Identity is required to be issued to any person as a result of a change of choice pursuant to subsection 3 of section 16 of this Act or as a result of that person ceasing to be a voter and becoming an elector, or ceasing to be an elector and becoming and elector the reasonable cost of a new Certificate of Identity shall be paid by that person, and notwithstanding any other provision of this Act no new Certificate of Identity shall be issued to that person until such cost has been paid.   (5)  No person who applies for a Certificate of Identity during the period when the rolls are temporarily closed pursuant to section 34 of this Act shall be entitled to obtain a Certificate of Identity until the rolls are reopened after the election.

 

PROVIDED, HOWEVER THAT, any person who satisfied the Registrar that he has lost his Certificate of Identity may apply for a certificate in substitution for that lost certificate prior to 4 p.m. on the day before a polling day and subject to subsection (3) of this section shall be entitled to receive such certificate before that polling day.

 

                (6)   Where any Certificate of Identity has lapsed through effluxion of time the Registrar shall upon application made in the prescribed form by the person to whom it relates and upon the surrender by that person of the certificate which has lapsed issue to that person free of charge a new Certificate of Identity.  (7)  Every Certificate of Identity shall be authenticated by the signature or seal of the Registrar (which the Registrar is authorised to have for the purpose) and shall contain or comprise:

 

(a)                 A photograph of the person identified;

 

(b)                 The full name and identification number of the person identified which number shall be allocated by the Registrar;

 

(c)                 In the case of a voter, that fact;

 

(d)                 In the case of an elector the constituency in which he is registered;

 

(e)                 The date of birth of the person identified;

 

(f)                  The village of the person identified;

 

(g)                 The date of issue of the Certificate.

 

136.                Regulations  -  (1)  The Head of State acting on the advice of Cabinet may from time to tome, by Order, make all such regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof.  (2)  Regulations made under this section may prescribe penalties for offences against the regulations, not exceeding imprisonment for a term of 3 months or a fine of $100, or both.   (3)   All regulations made under this section shall be laid before the Legislative Assembly within 28 days after the date of the making thereof if the Assembly is then in session, and, if not, shall be laid before the Assembly within 28 days after the date of the commencement of the next ensuing session.

 

                137.                Repeals and savings  -  (1)  The enactments specified in the Second Schedule to this Act shall cease to have effect as part of the Law of Western Samoa.  (2)   The provisions of sections 20, 20A and 21 of the Acts Interpretation Act 1924 (NZ) {section 20A having been inserted therein by section 2 of the Acts Interpretation Amendment Act 1960 (NZ)} shall apply with respect to those enactments as if they had been revoked by this section.   (3)  All acts done by the Head of State of the Chief Electoral Officer or the Registrar or by any other officer and all applications and declarations made by any person before the commencement of this Act in relation to the first general election of Members of Parliament to be held after the commencement of this Act which would have been valid if this Act had been in force when the act was done or the application or declaration was made are hereby validated and declared to have been lawfully done or made.