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RESUME ACT 1 OF 2020
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THE COVID-19 (MISCELLANEOUS PROVISIONS) ACT
(No. 1 of 2020)
Explanatory Memorandum
The object of this Act is to amend a number of enactments to cater for the impact of the novel coronavirus (2019-nCoV), the infectious disease commonly known as COVID-19, and for matters connected, consequential or related thereto.
Status – Published in the Gazette on 16 May 2020. Came into operation on 16 May 2020.
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RESUME ACT 2 OF 2020
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THE QUARANTINE ACT
(No. 2 of 2020)
Explanatory Memorandum
The object of this Act is to repeal the Quarantine Act, which dates back to the year 1954, and re-enact a reformed and modern appropriate legislative framework with a view to providing more appropriate measures for the prevention and spread of communicable diseases. 2. The new legislation has been rendered necessary on account of the impact of the novel coronavirus (2019-nCov), the infectious disease commonly known as COVID-19.
Status –
Published in the Gazette on 16 May 2020. Will come into operation on a date to be fixed by Proclamation.
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RESUME ACT 3 OF 2020
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THE APPROPRIATION (2020-2021)ACT
(No. 3 of 2020)
Explanatory Memorandum
The object of this Act is to provide for the issue from the Consolidated Fund of the sums necessary to meet the expenditure, both recurrent and capital, in respect of the services of Government for the financial year 2020-2021 and for the appropriation of those sums by votes of expenditure.
Status – Published in the Gazette on 23 June 2020. Came into operation on 23 June 2020.
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RESUME ACT 4 OF 2020
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THE SUPPLEMENTARY APPROPRIATION (2019-2020)ACT
(No. 4 of 2020)
Explanatory Memorandum
The object of this Act is to provide for the supplementary appropriation, by votes of expenditure, both recurrent and capital, in respect of services of Government for the financial year 2019-2020, in excess of the expenditure appropriated by the Appropriation (2019-2020) Act 2019.
Status – Published in the Gazette on 30 June 2020. Came into operation on 30 June 2020.
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RESUME ACT 5 OF 2020
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THE MONEY LAUNDERING AND COMBATTING THE FINANCING OF TERRORISM
(MISCELLANEOUS) ACT
(No. 5 of 2020)
Explanatory Memorandum
The object of this Act is to bring further fundamental reforms in the financial services sector, thereby ensuring closer compliance with recommended international best practices and norms of the Financial Action Task Force. 2. Accordingly, various enactments are being amended with a view to reinforcing the existing legal provisions to further combat money laundering and the financing of terrorism, and to provide for matters related thereto.
Status – Published in the Gazette on 9 JuLY 2020. Came into operation on 9 July 2020 partly NIF.
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RESUME ACT 6 OF 2020
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THE SUPPLEMENTARY APPROPRIATION (2017-2018)
(No. 6 of 2020)
Explanatory Memorandum
The object of this Act is to provide for the supplementary appropriation, by votes of expenditure, both recurrent and capital, in respect of services of Government for the financial year 2017-2018, in excess of the expenditure appropriated by the Appropriation (2017-2018) Act 2017 and Supplementary Appropriation (2017-2018) Act 2018.
Status – Published in the Gazette on 25 July 2020. Came into operation on 25 July 2020. |
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RESUME ACT 7 OF 2020
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THE FINANCE (MISCELLANEOUS PROVISIONS) ACT
(No. 7 of 2020)
Explanatory Memorandum
The object of this Act is to provide for the implementation of measures announced in the Budget Speech 2020-2021 and for matters connected, consequential or incidental thereto.
Status – Published in the Gazette on 7 August 2020. Partly came into operation on 7 August 2020. Please see section 74 of the Act. |
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RESUME ACT 8 OF 2020
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THE MON CHOISY CAP MALHEUREUX ROAD OVERHEAD PEDESTRIAN BRIGDE (AUTHORISED CONSTRUCTION) ACT
(No. 8 of 2020)
Explanatory Memorandum
The object of this Act is to authorise Merville Ltd to construct an overhead pedestrian bridge across the Mon Choisy-Cap Malheureux Road (B13 Road).
Status – Published in the Gazette on 14 August 2020. Will come into operation on a date to be fixed by Proclamation. |
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RESUME ACT 9 OF 2020
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THE COURTS (AMENDMENT) ACT
(No. 9 of 2020)
Explanatory Memorandum
The object of this Act is to amend the Courts Acts for -
(a) the setting up, within the Supreme Court, of a Financial Crimes Division
and a Land Division;
(b) the setting up, within the Intermediate Court, of a Financial Crimes
Division; and
(c) enabling the Chief Justice to set up, within the Supreme Court and the
Intermediate Court, such other divisions as he thinks fit for the despatch of
civil business and criminal business.
2. The setting up of the Financial Crimes Division of the Supreme Court and the Financial Crimes Division of the Intermediate Court have been rendered necessary with a view to ensuring that financial crime cases are dealt with expeditiously, thereby ensuring further compliance with recommended international best practices and norms of the Financial Action Task Force. The Financial Crimes Division of the Supreme Court will, in addition, have jurisdiction to hear and determine any other matter under any enactment which is connected or ancillary to a financial crime offence.
3. The Director of Public Prosecutions will, depending on the seriousness of a financial crime offence, determine that the information relating to the offence shall be laid before Financial Crimes Division of the Supreme Court or the Financial Crimes Division of the Intermediate Court.
4. As regards the Land Division of the Supreme Court, the setting up of this specialised division in land disputes, which comprise both technical and complex issues in the management and administration of land, has been rendered necessary with a view to facilitating the just, expeditious and accessible resolution to land disputes. The Land Division of the Supreme Court shall, accordingly, have original jurisdiction to hear and determine –
(a) any matter regarding ownership of land and property rights, other than any matter which falls under the jurisdiction of the Intermediate Court or District Court under any enactment; and
(b) any other matter connected therewith as the Chief Justice may direct.
5. The Bill further provides for matters connected, consequential or incidental to the setting up of divisions within the Supreme Court and the Intermediate Court.
Status – Published in the Gazette on 5 September 2020. Came into operation on 5 September 2020.
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RESUME ACT 10 OF 2020
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THE REAL ESTATE AGENT AUTHORITY ACT
(No. 10 of 2020)
Explanatory Memorandum
The object of this Act is to provide for the establishment of the Real Estate Agent Authority in order to regulate and control the business activities of real estate agents, including business activities of land promoters and property developers. This Bill has been rendered necessary with a view to -
(a) promoting transparency, accountability and integrity in the business activities of real estate agents, including business activities of land promoters and property developers;
(b) protecting and assisting persons engaged in real estate transactions with real estate agents, including land promoters and property developers; and
(c) ensuring further compliance with recommended international best practices and norms for combatting money laundering and the financing of terrorism and proliferation.
2. Accordingly, the Authority will –
(a) register real estate agents, including land promoters and property
developers;
(b) exercise and maintain discipline in the business activities of real estate
agents, including business activities of land promoters and property
developers; and
(c) cooperate with the Financial Intelligence Unit under the Financial Intelligence and Anti-Money Laundering Act and other relevant public sector agencies to assist in the detection and prevention of money laundering and the financing of terrorism and proliferation within the real estate sector.
Status – Published in the Gazette on 5 September 2020. Will come into operation on a date to be fixed by Proclamation. |
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RESUME ACT 11 OF 2020
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THE CLIMATE CHANGE ACT
(No. 11 of 2020)
Explanatory Memorandum
The main object of this Act is to implement, with a view to addressing the adverse effects of climate change and developing Mauritius into a greener economy, the obligations of Mauritius under the United Nations Framework Convention on Climate Change, the Kyoto Protocol, the Paris Agreement and any other related instrument on climate change.
2. Accordingly, the Act establishes a legal framework towards making Mauritius a climate-change resilient and low emission country by providing, inter alia, for –
(a) the setting up of an Inter-Ministerial Council on Climate Change which shall, on the recommendation of the Minister to whom responsibility for the subject of climate change is assigned, make climate change policies and set priorities for climate change adaptation and mitigation, and monitor and review the progress made by Government departments on climate change projects and programmes;
(b) a Department of Climate Change, which shall, inter alia, develop policies, programmes and action plans relating to climate change and coordinate research relating to climate change;
(c) the setting up of a Climate Change Committee which shall coordinate the preparation of reports relating to climate change and the implementation of activities related to greenhouse gas inventories, greenhouse gas emission reduction, climate change vulnerability assessments and adaptation to climate change;
(d) the conduct of an annual inventory of greenhouse emission by sources and removal by sinks;
(e) the monitoring and reporting with respect to greenhouse gas emissions, including the implementation of sectoral climate change adaptation and mitigation measures;
(f) the Ministry responsible for the subject of climate change to be compliant to the fiduciary standards set by the Adaptation Fund Board, the Green Climate Fund and such other international climaterelated funds and to act as a National Implementing Entity with a view to seeking direct access to climate funding.
3. In addition, the Act provides, as far as Rodrigues is concerned, that –
(a) the Commissioner for Environment in Rodrigues shall be responsible for the formulation of climate change strategies and ensure that climate change measures are effectively and efficiently implemented and maintained in Rodrigues; and
(b) there shall be a Rodrigues Climate Change Committee which shall, inter alia, collaborate and coordinate with the Climate Change Committee for the preparation of reports related to climate change.
Status – Published in the Gazette on 28 November 2020. Will come into operation on a date to be fixed by Proclamation.
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RESUME ACT 12 OF 2020
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THE VETERINARY COUNCIL ACT
(No. 12 of 2020)
Explanatory Memorandum
The object of this Act is to repeal the Veterinary Council Act and replace it by a new Act in order to provide a better legal framework to regulate the veterinary profession.
2. The Council will, inter alia –
(a) regulate and control the profession of veterinary surgeons;
(b) register veterinary surgeons;
(c) exercise and maintain discipline in the profession of veterinary surgeons, with the assistance of such Professional Conduct Committee as may be set up; and
(d) promote advancement in the field of veterinary medicine and surgery.
Status – Published in the Gazette on 12 December 2020. Will come into operation on a date to be fixed by Proclamation.
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RESUME ACT 13 OF 2020
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THE CHILDREN’S ACT
(No. 13 of 2020)
Explanatory Memorandum
The main object of this Act is to repeal the Child Protection Act and replace it with a more comprehensive and modern legislative framework with a view to addressing the shortcomings of the Child Protection Act and giving better effect to the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child.
2. The Act accordingly makes provisions –
(a) for the better care, protection and assistance to children;
(b) for the respect and promotion of the rights of children and for the protection of the best interests of children;
(c) for the setting up of structures, services and means for promoting and monitoring the sound, physical, psychological, intellectual, emotional and social development of children;
(d) for the setting up of a Child Services Coordinating Panel which shall be responsible for the coordination of all activities relating to the implementation of the present legislation, the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child;
(e) to prohibit marriage of children under the age of 18;
(f) for a child under the age of 14 not to be held criminally responsible for any act or omission; and
(g) for child witnesses and child victims under the age of 14 to be, subject to certain conditions, competent as witnesses without the need for them to take the oath or making a solemn affirmation,
and to provide for matters related thereto.
Status – Published in the Gazette on 19 December 2020. Will come into operation on a date to be fixed by Proclamation.
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RESUME ACT 14 OF 2020
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THE CHILDREN’S COURT ACT
(No. 14 of 2020)
Explanatory Memorandum
The object of this Act is to provide for the establishment of the Children’s Court, which will have jurisdiction to hear and determine cases involving children. The establishment of this dedicated and specialised Court has been rendered necessary with a view to ensuring, in a child-friendly environment, the best interests of children during Court proceedings.
2. The Children’s Court, before which proceedings shall be instituted and conducted in the same manner as proceedings before the Intermediate Court, shall consist of –
(a) a Protection Division which shall have jurisdiction to hear and determine, inter alia, any application in respect of child protection matters under the Children’s Act 2020; and
(b) a Criminal Division which shall have jurisdiction to hear and determine, inter alia, sexual offences against children and offences where children are witnesses thereto.
3. In addition, the Courts Act is being amended to empower the Family Division of the Supreme Court to hear and determine, inter alia, any action entered under the Code Civil Mauricien for adoption, sale of minor’s rights, ouverture de la tutelle, appointment of guardian and sub guardian, recherche de maternité, recherche de paternité and désaveu de paternité.
Status – Published in the Gazette on 19 December 2020. Will come into operation on a date to be fixed by Proclamation.
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RESUME ACT 15 OF 2020
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THE CHILD SEX OFFENDER REGISTER ACT
(No. 15 of 2020)
Explanatory Memorandum
The purpose of this Act is to establish, with a view to reducing and preventing the risk of sexual offences against children, a Child Sex Offender Register, to be known as the CSO Register.
2. The CSO Register will assist in –
(a) monitoring and tracking persons in the community who have been found guilty of committing sexual offences against children; and
(b) detecting and investigating sexual offences against children.
3. In addition, the Commissioner of Police will be empowered, in the interest of public safety, to disclose personal information of persons who have been found guilty of committing sexual offences against children to another Government agency and foreign agencies for the purposes of –
(a) monitoring the whereabouts of those offenders;
(b) verifying personal information reported by those offenders;
(c) managing the risk that those offenders may commit further sexual offences against children; and
(d) managing any risk or threat to public safety.
Status – Published in the Gazette on 19 December 2020. Will come into operation on a date to be fixed by Proclamation.
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RESUME ACT 16 OF 2020
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THE LANDLORD AND TENANT (AMENDMENT) ACT
(No. 16 of 2020)
Explanatory Memorandum
The object of this Act is to amend the Landlord and Tenant Act so as to extend to 31 December 2021 the period up to which the Act shall continue to apply to business premises let on or before 1 July 2005.
2. In addition, the Act provides that –
(a) the Fair Rent Tribunal will not entertain any new application made on or after 1 January 2021 by a landlord or tenant;
(b) any application made before 1 January 2021 by a landlord or tenant will be dealt with, and determined, by the Fair Rent Tribunal not later than 30 June 2021 or, in exceptional or unforeseen circumstances, not later than such later date as may be prescribed; and
(c) all applications falling under the jurisdiction of the Fair Rent Tribunal will, as from 1 January 2021, be made before the District Court exercising jurisdiction in the district or other area where the relevant business premises are situated,
and provide for matters related thereto.
Status – Published in the Gazette on 19 December 2020. Will come into operation on a date to be fixed by Proclamation.
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RESUME ACT 17 OF 2020
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THE CENTRAL ELECTRICITY BOARD (AMENDMENT) ACT
(No. 17 of 2020)
Explanatory Memorandum
The object of this Act is to amend the Central Electricity Board Act to, mainly –
(a) harmonise the Central Electricity Board Act and the Electricity Act 2005 for the proper functioning of the electricity sector;
(b) amend and clarify the functions of the Central Electricity Board;
(c) remove from the Central Electricity Board the powers conferred upon it to grant permits for the supply of electricity and to fix the prices to be charged for electricity and thereby align the Act with the Electricity Act 2005 which gives the Utility Regulatory Authority the power to issue licences and determine tariffs for electricity services;
(d) clarify some provisions of the Act,
and provide for matters related thereto.
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RESUME ACT 18 OF 2020
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THE ELECTRICITY BOARD (AMENDMENT) ACT
(No. 18 of 2020)
Explanatory Memorandum
The object of this Act is to amend the Electricity Act 2005 to, mainly –
(a) harmonise the Electricity Act 2005 and the Central Electricity Board Act for the proper functioning of the electricity sector;
(b) bring amendments to some of the types of licences which may be issued under the Act;
(c) eliminate the concept of “eligible customer”;
(d) clarify some provisions of the Act,
and provide for matters related thereto.
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