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Government (Amendment) Act 2017

REPUBLIC OF VANUATU

GOVERNMENT (AMENDMENT)
ACT NO. 7 OF 2017

Arrangement of Sections

REPUBLIC OF VANUATU

Assent: 16/06/2017
Commencement: 16/06/2017

GOVERNMENT (AMENDMENT)
ACT NO. 7 OF 2017

An Act to amend the Government Act [CAP 243].

Be it enacted by the President and Parliament as follows-

1. Amendment

The Government Act [CAP 243] 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 GOVERNMENT ACT [CAP 243]

1. After Part 6

Insert

“PART 6A NATIONAL SECURITY ADVISORY COMMITTEE

23A Definitions

In this Part, unless the context otherwise requires:

“Committee” means the National Security Advisory Committee established under section 23B of this Act;

“reporting entity” has the same meaning as in section 1 of the Anti-Money Laundering and Counter-Terrorism Act No. 13 of 2014;

“security” includes:

(a) the protection of Vanuatu from:

(i) espionage; and

(ii) sabotage; and

(iii) seditious intention; and

(iv) active measures of foreign intervention; and

(v) terrorism;

whether directed from, or committed within Vanuatu or not; and

(b) the carrying out of Vanuatu’s responsibilities to any foreign country in relation to a matter contained in paragraph (a);

“seditious intention” has the meaning given to it under section 63 of the Penal Code Act [CAP 135];

“UN Financial Sanctions Act” means the United Nations Financial Sanctions Act No. 6 of 2017;

“Unit” means the Financial Intelligence Unit established under section 4 of the Anti-Money Laundering and Counter-Terrorism Financing Act No. 13 of 2014.

23B National Security Advisory Committee

(1) The National Security Advisory Committee is established.

(2) The Committee consists of the following members:

(a) the Director General of the Office of the Prime Minister;

(b) the Director General of the Ministry of Finance and Economic Management;

(c) the Director General of the Ministry of Internal Affairs;

(d) the Director General of the Ministry of Foreign Affairs;

(e) the Attorney General;

(f) the Commissioner of Police;

(g) the Chief Information Officer.

23C Chairperson and Deputy Chairperson

(1) The Director General of the Office of the Prime Minister is the Chairperson of the Committee.

(2) The Director General of the Ministry of Finance and Economic Management is the Deputy Chairperson of the Committee.

23D Functions of the Committee

The functions of the Committee are to advise the Prime Minister on:

(a) the designation of a person or entity under the UN Financial Sanctions Act, or an extension or revocation of such a designation; and

(b) an application by a person under the UN Financial Sanctions Act for authorisation to deal with frozen property or make property or a financial service available; and

(c) matters directly affecting the sovereignty, unity and security of Vanuatu; and

(d) the development of Government objectives, policies and programmes on security; and

(e) the preparation of medium and long-term security plans; and

(f) the preparation of security and intelligence programmes and projects, including the financing and implementation of such programmes and projects; and

(g) the monitoring, evaluation and reporting on implementation of the Government’s development policies, programmes and projects on security, including at agency level; and

(h) any action required to be taken on any security, defence and intelligence tasks and activities as determined by the Committee; and

(i) the management of crisis situations created by security threats against the sovereignty of Vanuatu and against other security issues.

23E Powers of the Committee

The Committee has the power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions under this Act or any other Act.

23F Request for assistance by the Committee

The Committee may request the assistance of a person or any Ministry or Department of Government in carrying out any of its functions set out in section 23D.

23G Meetings of the Committee

(1) The Committee is to meet on such dates and at such times as the Chairperson determines, and may hold such other meetings as are necessary for the performance of its functions under this Act.

(2) The Chairperson is to preside at all meetings of the Committee and if the Chairperson is absent, the Deputy Chairperson is to preside at that meeting.

(3) The quorum for a meeting of the Committee is the Chairperson or Deputy Chairperson and three other members.

(4) A member present at the meeting has one vote and questions arising at a meeting are to be decided by a majority of votes.

(5) If the voting at a meeting is equal, the member presiding at the meeting has a casting vote.

(6) Subject to this Act, the Committee may determine and regulate its own procedures.”