Part 1 Preliminary

1 Short title

This Act may be cited as the Justice Legislation Omnibus Amendment Act 2020.

2 Repeal

This Act is automatically repealed at the beginning of the day after its commencement.

Part 2 Amendment of Gabon Public Service Act 2020

3 Act amended

This part amends the Gabon Public Service Act 2020.

4 Amendment of s 8 (Engagement of employees in agency)

After section 8(2)—

insert—

3. A GPS employee must be attached to an agency, but may be attached to more than 1 agency.

5 Insertion of new pt 1 hdg

Before section 29—

insert—

Part 1 Agencies generally

6 Insertion of new pt 2

After section 32—

insert—

Part 2 Heads of agencies

32A Definitions

In this part—

employee, of an agency, means a GPS employee who is attached to the agency.

32B Agency head

1. Each agency has an individual who is the head of the agency.
2. Each head is called ‘Head of the’ followed by the name of the agency.

Example for subsection (2)—
There is an Agricultural Agency. Pierre is the head of that agency. Pierre is known as the Head of the Agricultural Agency.

32C Function of agency head

The function of an agency head is to ensure that the agency achieves its functions in a manner consistent with this Act.

Note—
See sections 3 (Purpose), 6 (Functions of service) and 9 (Service values).

32D Powers of agency head

1. An agency head may do anything that is reasonably necessary to achieving the functions of the agency.
2. Without limiting subsection (1), an agency head may direct agency employees of the GPS to perform tasks for the agency.

33E Appointment of agency head

The director general may appoint a citizen of Gabon to the office of any vacant agency head.

33F Removal of agency head

1. The director general may remove an agency head from office at any time for any reason.
2. The Lord's Council may require the director general to remove an agency head from office.
3. The director general must comply with a direction under subsection (2).

33G Membership of Cabinet Office

Each agency head is appointed by this Act as an ex officio member of the Cabinet Office.

Part 3 Amendment of Government Corporations Act 2019

7 Act amended

This part amends the Government Corporations Act 2019.

8 Amendment of s 1 (Short title)

Section 1, after ‘Government’—

insert—

and Private

9 Amendment of s 12 (Corporate name)

Section 12—

omit, insert—

A corporation must have the words—

1. if the corporation is a limited corporation—Corporation À Responsabilité Limitée or the abbreviation CÀRL; or
2. otherwise—Unlimited;

as part of its name.

10 Amendment of s 18 (Corporations required to have directors)

After section 18—

insert—

2. At least 1 director must be a citizen of Gabon.

11 Insertion of new ss 19A, 19B, 19C

After section 19—

insert—

19A Directors at time of incorporation

The directors of a corporation at the time of its incorporation are the persons whose names are subscribed to the corporation's articles of incorporation.

19B Changing directors

1. This section applies where a corporation's articles of incorporation do not provide a method to appoint or remove directors.
2. The directors may, by resolution, appoint a person as a director of the corporation.
3. The directors may, by resolution attaining a 3/4 supermajority, remove a person as a director of the corporation.
4. To remove any doubt, if a corporation's articles of incorporation provide for a maximum number of directors, subsection (2) does not apply to a corporation that has reached that maximum number of directors.

19C Notifying registrar of changes

1. Where the directors of a corporation change, the corporation must send to the registrar a list of all current directors not later than 5 days after the change takes effect.
2. If a corporation fails to comply with this section an offence is committed by—
   1. the corporation; and
   2. every director of the corporation.

Maximum penalty—500 Gabon Francs.

12 Insertion of new pt 5

After section 27—

insert—

Part 5 Registrar for Corporations

28 Establishment of registrar

There is a registrar called the Registrar for Corporations.

29 Appointment and removal

1. The Lord's Council may appoint any citizen of Gabon as the registrar.
2. The Lord's Council may remove the registrar.

30 Functions of registrar

The functions of the registrar are the following—

1. to collect and make publicly available information about all corporations;
2. to ensure corporations comply with this Act;
3. to commence proceedings against corporations to enforce this Act.

31 Powers of registrar

The registrar may do anything reasonably necessary or convenient to carry out the functions of the office.

Part 3 Amendment of Gabonese Currency (Francs) Act 2019

13 Act amended

This part amends the Gabonese Currency (Francs) Act 2019.

14 Insertion of new s 4

After section 3—

insert—

4 Transactions to be in Gabonese currency

Every sale, every bill of exchange or promissory note, every security for money, and every other contract, agreement, deed, instrument, transaction, dealing, matter or thing relating to money, or involving the payment of, or a liability to pay, money, that is made, executed, entered into or done, shall, unless it is made, executed, entered into or done according to the currency of some country other than Gabon, be made, executed, entered into or done according to the currency of Gabon provided for by this Act.

Part 4 Amendment of Neutrality (Non-alignment and Anti-war Solidification) Act 2020

15 Act amended

This part amends the Neutrality (Non-alignment and Anti-war Solidification) Act 2020.

16 Amendment of s 5 (Definitions)

Section 5, definition foreign—

omit.

Part 5 Amendment of Bounty Hunters Act 2018

17 Act amended

This part amends the Bounty Hunters Act 2018.

18 Amendment of s 3 (Authorisation of acts)

Section 3, ‘Sovereign’—

omit, insert—

Lord High Chancellor or the Vice Chancellor

Endnotes:

This Act was originally tabled to His Excellency's Council on 9 November 2020.

This Act was enacted by His Excellency with the advice of the Lord's Council, and entered into force, on 9 November 2020.

This Act was automatically repealed by the operation of section 2 on 11 November 2020.