Constitution of the Independent
State of Samoa
21
but an Act may provide that no such salary shall be payable to
such a member for any period for which the member is a fulltime salaried employee of the Government. The salaries of such
members shall not be diminished during their period of office,
unless as part of a general reduction of salaries applied
proportionately to all persons whose salaries are determined by
Act.
(9) A member of the Council of Deputies shall not be
qualified to be elected as a Member of Parliament:
PROVIDED THAT the provisions of this clause shall not
disqualify a member of the Council from being elected to the office
of Head of State.
(10) The Council of Deputies shall determine which of its
members shall, from time to time, preside over Council.
(11) Subject to the provisions of this Constitution, the
Council of Deputies may regulate its procedure in such manner
as it thinks fit.
26. Head of State to act on advice - (1) Except as otherwise
provided in this Constitution, the Head of State in the
performance of his or her functions shall act on the advice of
Cabinet, the Prime Minister or the appropriate Minister, as the
case may be.
(2) If Cabinet, the Prime Minister or an appropriate Minister
tenders advice to the Head of State as to the performance of any
function of the Head of State and, if the Head of State does not,
within 7 days after the date on which the tendering of that advice
comes to the notice of the Secretary to the Head of State, accept
that advice or take some other action in relation thereto which the
Head of State is entitled to take under the provisions of this
Constitution or of any Act, the Head of State shall be deemed to
have accepted that advice; and an instrument under the hand of
the Secretary to Cabinet, acting on the instruction of the Prime
Minister, to that effect shall operate as the performance of the
function concerned in accordance with that advice.
27. Information for Head of State - It shall be the duty of
the Prime Minister:
(a) to arrange for the circulation to the Head of State of
copies of the agenda and minutes of Cabinet and