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Passports (Amendment) Act 1998

SOLOMON ISLANDS

THE PASSPORTS (AMENDMENT) ACT 1998

(No. 7 of 1998)

Passed by the National Parliament this thirteenth day of October 1998.

Assented to in Her Majesty's name and on Her Majesty's behalf this fifth day of March 1999.

Date of commencement: date of publication in the Gazette.

AN ACT To Amend the Passports Act 1978

ENACTED by the National Parliament of Solomon Islands.

ARRANGEMENT OF SECTIONS

Section:

1. Short title.
2. Amendment of section 11 of Act No. 15 of 1978.
3. Amendment of section 12.
4. Amendment of section 15.
5. Insertion of new section 15A.
6. Amendment of section 16.

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Short title.

1. This Act may be cited as the Passports (Amendment) Act 1998.

Amendment of section 11 of Act No. 15 of 1978.

2. Section 11 of the Passports Act (hereinafter referred to as the "principal Act") is hereby amended in the following respects -

(a) in subsection (1), by inserting a comma immediately after the words "valid passport" and inserting thereafter the words "certificate of identity or other travel documents"; and

(b) in subsection (2), by deleting the full stop that appears immediately after the word "passport" and inserting thereafter the words "certificate of identity or other travel documents."

Amendment of section 12.

3. Section 12 of the principal Act is hereby amended in the following respects -

(a) in subsection (1), by inserting immediately after the words "his passport" a comma and the words "certificate of identity or other travel documents";

(b) in subsection (2), by inserting immediately after the words "Any passport" a comma and the words "certificate of identity or other travel documents"; and

(c) in subsection (3), by inserting immediately after the words "his passport" a comma and the words "certificate of identity or other travel documents".

Amendment of section 15.

4. Section 15 of the principal Act is hereby amended in the following respects -

(a) by deleting subsection (1) thereof and substituting therefor a new subsection (1) -,

"(1) Every person who is guilty of an offence against this Act, or contravenes any provision of this Act, for which no penalties have been prescribed, shall be liable on conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment."

(b) by inserting immediately after subsection (2) the following as subsection 2A-

"(2A) The master, owner or agent of any vessel or canoe who knowingly carries or transports any person to Solomon Islands in contravention of section 11(1) or any regulations made under this Act shall be liable on conviction to a fine not exceeding two thousand dollars and in addition shall be ordered to -

(i) receive such person on board his vessel or aircraft and to afford him free of charge passage to the port of embarkation;

(ii) pay for such person's repatriation or deportation expenses."

(c) in subsection (5), by inserting after the words "detained on board" the words "in such manner as the master, owner or agent of the vessel deems necessary"; and

(d) by inserting immediately after subsection (5) the following subsection as subsection (6)-

"(6) Every person who contravenes section 11(1) and (2) may, where he agrees to voluntarily repatriate himself from Solomon Islands, in addition to the penalties prescribed under this section, be treated in the like manner as provided under subsections (4) and (5) of this section."

Insertion of new section 15A.

5. The principal Act is hereby amended by inserting after section 15 the following new section as section 15A-

"Selling of passport an offence, etc.

15A. (1) Any person other than a passport officer, or a person authorised by a passport officer who-

(a) sells or causes to be sold to another person a passport; or

(b) aids, abets, counsels, or procures another person to sell or causes to be sold to another person a passport,

is guilty of an offence.

(2) A passport officer or a person authorised by a passport officer who -

(a) for a reward or promise of such reward sells or causes to be sold to another person a passport;

(b) for no reward gives or causes to be given to another person a passport in contravention of this Act,

is guilty of an offence.

(3) Any person who is convicted of an offence under subsection (1) or (2) is liable to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding five years or to both such fine and imprisonment.

(4) Any person who has in his possession a passport that is obtained in contravention of subsection (1) or (2) is guilty of an offence and is liable on conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding five years or to both such fine and imprisonment."

Amendment of section 16.

6. Section 16 of the principal Act is hereby amended by inserting immediately after the word "deportation" that appears therein the following words -

"including all or part of the expenses incurred in the voluntary repatriation to the country of which the person is a national or citizen or from which he last embarks if the person repatriated has no money or property or insufficient money or property."

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