REPUBLIC OF NAURU
Statute Law Revision Act 2011 ______________________________
Act No. 8 of 2011 ______________________________
Table of Provisions
PART 1 – PRELIMINARY MATTERS 1 Short title .............................................................................................................1 2 Commencement..................................................................................................1
PART 2 – VALIDATION AND TRANSITIONAL PROVISIONS 3 Validation of Agricultural Quarantine Act 1999....................................................1 4 Validation of Appeals (Amendment) Act 1974.....................................................2 5 Validation of Births, Deaths and Marriages Ordinance 1957...............................2 6 Validation of fees charged for extracts from the Register of Births, Deaths and
Marriages............................................................................................................2 7 Validation of Disaster Risk Management Act 2008 .............................................2 8 Validation of Immigration (Amendment) Act 2005...............................................2 9 Validation of amendments to Nauru Air Corporation Act 1995............................2 10 Postal rates .........................................................................................................3 11 Transfer of assets of Nauru Insurance Corporation ............................................3
PART 3 – AMENDMENT AND REPEAL OF LAWS 12 Acts amended .....................................................................................................3 13 Repeal of laws.....................................................................................................3
SCHEDULE 1 - AMENDMENT OF LAWS Part AC – Accommodation Registration Act 2006...............................................4 Part AD – Adoption of Children Ordinance 1965-1967........................................5 Part AE – Aerodrome (Acquisition of Land) Act 1952-1968 ................................8 Part AP – Appeals Act 1972................................................................................9 Part BA – Banking Act 1975................................................................................9 Part BI – Births, Deaths and Marriages Act 1957-2009.....................................11 Part CE – Cemeteries Ordinance 1922-1967....................................................15 Part CEN – Census Act 1973............................................................................15 Part CI – Civil Aviation Act 2011 .......................................................................16 Part CIA – Civil Aviation (Carriers’ Liability) Act 1995 .......................................17 Part CIP – Civil Procedure Act 1972 .................................................................17 Part COM – Commissions of Inquiry Ordinance 1948-1967..............................18
Statute Law Revision Act 2011
Part CON – Constitutional Review Committee Act 2004-2009..........................19 Part COP – Consular Privileges and Immunities Act 1976................................20 Part COR – Corporation Act 1972.....................................................................21 Part COU – Courts Act 1972.............................................................................21 Part CRJ – Criminal Justice Act 1999-2009 ......................................................22 Part CRP – Criminal Procedure Act 1972-2006 ................................................22 Part CUA – Custom and Adopted Laws Act 1971 .............................................23 Part CUS – Customs Ordinance 1922-1967 .....................................................24 Part DIP – Diplomatic Privileges and Immunities Act 1976 ...............................24 Part DIS – Disaster Risk Management Act 2008...............................................25 Part EXP – Explosives Ordinance 1924-1967...................................................25 Part EXT – Extradition of Fugitive Offenders Act 1973 .....................................26 Part FA – Family Court Act 1973.......................................................................27 Part FI – Fisheries Act 1997..............................................................................28 Part FO – Foreign Trusts, Estates and Wills Act 1972 ......................................28 Part IM – Immigration Act 1999.........................................................................29 Part IN – Insolvency Ordinance 1912 (Papua) ..................................................31 Part LAN – Lands Act 1976...............................................................................32 Part LAW – Laws Repeal and Adopting Ordinance 1922-1967.........................32 Part LE – Legal Practitioners Act 1973 .............................................................34 Part LN – Legitimation Ordinance 1959-1966 ...................................................35 Part MAI – Maintenance Orders (Reciprocal Enforcement) Act 1973 ...............36 Part MAO – Maintenance Ordinance 1959-1967 ..............................................37 Part MAT – Matrimonial Causes Act 1973 ........................................................38 Part ME – Mentally-disordered Persons Ordinance 1963-1967 ........................39 Part NA – Nauru Antiquities Ordinance 1935-1967...........................................42 Part NLC – Nauru Lands Committee Ordinance 1956-1963 .............................43 Part NRC – Nauru Rehabilitation Corporation Act 1997....................................45 Part NTC – Nauru Trustee Corporation Act 1972..............................................45 Part NUB – Nauruan Bureau of Statistics Act 1992 ..........................................46 Part OA – Oaths, Affirmations and Statutory Declarations Act 1976.................46 Part PAR – Parliament of Nauru (Register of Interests) Act 2004 .....................47 Part PAT – Patents Registration Act 1973 ........................................................48 Part POL – Police Offences Ordinance 1967....................................................48 Part POS – Post and Telegraph Act 1901-1966 (Commonwealth) ...................49 Part PT – Post and Telegraph Ordinance 1952-1963 .......................................49 Part PUB – Public Accounts Committee Act 1992 ............................................51 Part PUF – Public Finances (Control and Management) Act 1997 ...................51 Part QU – Quarantine Act 1908-1920 (Commonwealth) ...................................52 Part RB – Registration of Business Names Act 1976........................................53 Part RS – Registration of Shipping Act 1968.....................................................53 Part SA – Salvage of Derelict Wreck Act 1969..................................................53 Part SC – Succession, Probate and Administration Act 1976 ...........................54 Part SM – Survey Marks Ordinance 1925-1967................................................54 Part SU – Survey Ordinance 1961-1967...........................................................55 Part TM – Trademarks Regulations Adoption Ordinance 1964-1966................57 Part TR – Treasury Fund Protection Act 2004 ..................................................58 Part WC – Workers’ Compensation Ordinance 1956-1967...............................58 Part WI – Wild Birds Preservation Ordinance 1937-1967 .................................60
Statute Law Revision Act 2011
Part WO – Workers (Contracts of Service) Ordinance 1922-1967....................61 Part WR – Wreck and Salvage Ordinance 1902 (Papua)..................................62
SCHEDULE 2 – REPEAL OF ORDINANCES SCHEDULE 3 – REPEAL OF ACTS
1
REPUBLIC OF NAURU
Statute Law Revision Act 2011 ______________________________
Act No. 8 of 2011 ______________________________
An Act to revise the statute law of Nauru
Certified on 15 April 2011
Enacted by the Parliament of Nauru as follows:
PART 1 – PRELIMINARY MATTERS
1 Short title
This Act may be cited as the Statute Law Revision Act 2011.
2 Commencement
(1) Subject to subsection (2), this Act commences on the day it receives the certificate of the Speaker under Article 47.
(2) The amendments of the Adoption of Children Ordinance 1965-1967 made by Schedule 1, sub-items 4.1 and 4.2 and item [7] are taken to have commenced from the commencement of the Family Court Act 1973.
PART 2 – VALIDATION AND TRANSITIONAL PROVISIONS
3 Validation of Agricultural Quarantine Act 1999
(1) The Agricultural Quarantine Act 1999 (No. 5 of 1999) is taken to have commenced on 18 October 1999.
Statute Law Revision Act 2011
2
(2) Anything done or omitted to be done before the commencement of this section under any provision of the Agricultural Quarantine Act 1999 is taken to have been valid.
4 Validation of Appeals (Amendment) Act 1974
(1) The Appeals (Amendment) Act 1974 (No. 15 of 1974) is taken to have commenced on 23 September 1976.
(2) However, anything done or omitted to be done between 31 December 1974 and 23 September 1976 in reliance on any provision of the Appeals (Amendment) Act 1974 is taken to have been valid.
5 Validation of Births, Deaths and Marriages Ordinance 1957
The Births, Deaths and Marriages Ordinance 1957 (No. 8 of 1957) is taken to have commenced on 9 March 1959.
6 Validation of fees charged for extracts from the Register of Births, Deaths and Marriages
All fees charged before the commencement of this section for a service or document provided under section 29(4) of the Births, Deaths and Marriages Act 1959-2009 are taken to have been validly charged.
7 Validation of Disaster Risk Management Act 2008
The Disaster Risk Management Act 2008 (No. 15 of 2008) is taken to have commenced on 18 December 2008.
8 Validation of Immigration (Amendment) Act 2005
The Immigration (Amendment) Act 2005 (No. 7 of 2005) is taken to have commenced on 2 October 2005.
9 Validation of amendments to Nauru Air Corporation Act 1995
(1) Section 3 of the Nauru Air Corporation (Amendment) Act 2006 is declared always to have had effect as if the reference to section 47 of the Nauru Air Corporation Act 1995 had been a reference to section 45 of that Act.
(2) Section 3(4) of the Nauru Air Corporation (Amendment) Act 2007 is declared always to have had effect as if the reference to subsection 14 of the Nauru Air Corporation Act 1995 had been a reference to section 14(3) of that Act.
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10 Postal rates
(1) Until regulations are made under section 9 of the Law Adoption (Post and Telegraph) Act 1952, the postal rates and related charges applied in Nauru immediately before the commencement of this section continue to apply as if they had been fixed by regulations made under that section.
(2) All postal rates and related charges applied in Nauru from the commencement of the Post and Telegraph Ordinance 1952 until the commencement of this section are taken, for all purposes, to have been validly applied.
11 Transfer of assets of Nauru Insurance Corporation
Assets that are held by the Nauru Insurance Corporation the day before this Act commences are transferred to the Republic on the day this Act commences.
PART 3 – AMENDMENT AND REPEAL OF LAWS
12 Acts amended
Schedule 1 amends the Acts mentioned in it.
13 Repeal of laws
The following are repealed:
(a) the Acts listed in Schedule 2;
(b) the Ordinances listed in Schedule 3;
(c) all subsidiary legislation made under the laws mentioned in paragraphs (a) and (b), except Administration Order No. 3 of 1938 (Regulations governing Intestate Estates) made under the Native Administration Ordinance 1922-1967.
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SCHEDULE 1 – AMENDMENT OF LAWS
section 12
Part AC – Accommodation Registration Act 2006
[1] Amendment of section 10
Section 10(2)
omit, substitute
(2) The Secretary must not suspend the registration of an accommodation house unless the Secretary:
(a) has, at least 1 month before suspending the registration, informed the owner that he or she is considering suspending the registration; or
(b) considers that, for reasons of health or safety, the registration should be suspended immediately.
[2] Further amendments
Provision Amendment omit substitute
section 3(1), definition of ‘accommodation unit’
unit' in unit', in
section 3(1), definition of ‘bedroom’
part or otherwise part otherwise
section 3(1), definition of ‘Secretary’
Secretary for the Department responsible; and
head of the department responsible to the Minister for the administration of this Act;
section 12(3) BT = The BT = the
section 13 paid by paid for by
section 15 that when
Statute Law Revision Act 2011
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Provision Amendment omit substitute
Hotels Hotel Guest Houses, boarding houses and group of apartments
Guest house, boarding house or group of apartments
Single Apartments Single apartment
Part AD – Adoption of Children Ordinance 1965-1967
[3] Repeal and substitution of short title
Section 1
repeal, substitute
1 Short title
This Act may be cited as the Adoption of Children Act 1965.
[4] Amendment of section 3
4.1 Section 3, definitions of ‘Register of Births’ and ‘Registrar of the Court’
omit
4.2 Section 3
insert (in alphabetical order)
‘Clerk’ means Clerk of the Court;
‘Court’ means the Family Court;
‘foreign jurisdiction’ means a foreign country or a political subdivision of a foreign country;
‘Register of Births’ means the Register of Births kept under the Births, Deaths and Marriages Act 1957;
[5] Amendment of section 6
Section 6(1)
omit
Statute Law Revision Act 2011
6
all the words from ‘Subject to’ to ‘applicants apply’
substitute
Subject to subsection (2), if applicants apply
[6] Amendment of section 10
Section 10(1)
omit
all the words from ‘Subject to’ to ‘adoption order’
substitute
Subject to subsection (2), an adoption order
[7] Omnibus amendments relating to the Family Court
7.1 omit (all references)
Supreme Court
substitute
Court
7.2 omit (all references)
Registrar of the Court
substitute
Clerk
[8] Omnibus amendments relating to ‘this Ordinance’
8.1 omit (all references)
This Ordinance
substitute
This Act
8.2 omit (all references)
this Ordinance
Statute Law Revision Act 2011
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substitute
this Act
[9] Further amendments
Provision Amendment omit substitute
section 10(1)(b) over the child over, the child
section 10(5)(a) Council Cabinet
section 10(5) Head Chief President
section 10(7)(a) and (c)
over the child over, the child
section 11, heading Supreme Court Court section 12 Council
(all references) Cabinet
section 15, heading The Supreme Court Court
section 17(8) the provisions of sections two hundred and twenty-two and two hundred and twenty- three of the First Schedule to The Criminal Code Act, 1899, of the State of Queensland, in its application to the Island, apply
sections 222 and 223 of the Criminal Code 1899, apply
section 19(1)(a)(i) Administrator Minister
section 23(3) Registration of Births, Deaths and Marriages Ordinance 1957
Births, Deaths and Marriages Act 1957
section 24(b) a State of, or a Territory administered by, the Commonwealth,
a foreign jurisdiction;
section 24 in the State or Territory. in that foreign jurisdiction.
section 25 a State of, or a Territory administered by, the Commonwealth
a foreign jurisdiction
of the Island, of Nauru,
in the Island. in Nauru.
Statute Law Revision Act 2011
8
Provision Amendment omit substitute
section 26 Administrator in Council Cabinet
Part AE – Aerodrome (Acquisition of Land) Act 1952-1968
[10] Repeal and substitution of short title
Section 1
repeal, substitute
1 Short title
This Act may be cited as the Aerodrome (Acquisition of Land) Act 1952.
[11] Repeal of sections 2, 7 and 8
Sections 2, 7 and 8
repeal
[12] Further amendments
Provision Amendment
omit substitute
long title Ordinance Act
section 6(2) this section shall be twice the amount which would be payable at the rate prescribed by section five of the Lands Ordinance as the rental for the lease of non-phosphate- bearing land.
this section is the amount which would be payable under clause 4 of the Third Schedule to the Lands Act 1976 (or, under an order made under section 16 of the Lands Act 1976) if the land were leased for use as an aerodrome.
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Part AP – Appeals Act 1972
[13] Amendment of long title
Long title, after ‘District Court’
insert
and the Supreme Court
[14] Further amendments
Provision Amendment
omit substitute
section 14(3) either quash the conviction and
quash the conviction and either
section 15(1) count has count, has
section 42(1) appeal, under appeal under
section 52 1903-1976 1903
Part BA – Banking Act 1975
[15] Amendment of section 2
Section 2(5)
omit
[16] Amendment of section 3
Section 3(1)
omit
[17] Repeal and substitution of section 20
Section 20
repeal, substitute
Statute Law Revision Act 2011
10
20 Offences
(1) A person who contravenes or fails to comply with the provisions of section 4 or 14 commits an offence.
Penalty:
(a) for an individual – $2000 and 3 years imprisonment;
(b) for a body corporate – $10,000.
(2) A person commits an offence if the person:
(a) contravenes or fails to comply with any other provision of this Act for which no penalty is specified; or
(b) being a director or manager of a bank or financial institution licensed under section 5 of this Act – fails to take all reasonable steps to secure compliance by the bank or financial institution with any such provision.
Penalty:
(a) for an individual – $500 and 6 months imprisonment;
(b) for a body corporate – $5000.
[18] Omnibus amendment relating to citation of ‘Corporation Act 1972’
omit (all references)
Corporation Act 1972
substitute
Corporations Act 1972
[19] Further amendments
Provision Amendment
omit substitute
section 2(1), definition of ‘savings bank’
carried carries
section 2(6) Notwithstanding subsection (5) of this section, the provisions of this Act shall not
This Act does not
Statute Law Revision Act 2011
11
Provision Amendment omit substitute
section 3(2) Department of Island Development and Industry
the department responsible to the Minister for the administration of this Act
section 4(2) Act, is Act is
section 5(2) these those
section 5(6) Registrar for the Republic
Registrar
section 5(9) For the purpose of clarity and to avoid confusion it is hereby declared that, this Act does not and never has, had application
This Act does not apply
1972, to 1972 to
section 12(2)(b) the Republic, the Council, the Nauru Co- operative Society
the Republic
Republic or the Council; Republic;
section 12(2)(c) Republic, the Council Republic
Republic or the Council, Republic,
section 24, heading Corporation Act 1972 Corporations Act 1972
Part BI – Births, Deaths and Marriages Act 1957-2009
[20] Repeal and substitution of short title
Section 1
repeal, substitute
PART I — PRELIMINARY
1 Short title
This Act may be cited as the Births, Deaths and Marriages Act 1957.
Statute Law Revision Act 2011
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[21] Repeal of section 2
Section 2
repeal
[22] Amendment of section 6
Section 6(3)
omit, substitute
(3) A register or record of births that:
(a) was maintained, or purported to have been maintained, by the Administration of the Island of Nauru; and
(b) was in existence immediately before the commencement of Ordinance No. 8 of 1957; and
(c) was, before 31 January 1968, certified by the Administrator to be, to the best of his knowledge and belief, a true record of births that occurred in Nauru on and after 25 January 1915;
has effect accordingly and forms part of the Register of Births.
[23] Amendment of section 15
Section 15(3)
omit, substitute
(3) A register or record of deaths that:
(a) was maintained, or purported to have been maintained, by the Administration of the Island of Nauru; and
(b) was in existence immediately before the commencement of Ordinance No. 8 of 1957; and
(c) was, before 31 January 1968, certified by the Administrator to be, to the best of his knowledge and belief, a true record of deaths that occurred in Nauru on and after 2 January 1915;
has effect accordingly and forms part of the Register of Deaths.
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[24] Amendment of section 22
Section 22(3)
omit, substitute
(3) A register or record of marriages (including any certificate of marriage transmitted to the Administrator under the Marriages Ordinance 1921 as in force from time to time) that:
(a) was maintained, or purported to have been maintained, by the Administration of the Island of Nauru; and
(b) was in existence immediately before the commencement of Ordinance No. 8 of 1957; and
(c) was, before 31 January 1968, certified by the Administrator to be, to the best of his knowledge and belief, a true record of marriages that occurred in Nauru on and after 7 July 1921;
has effect accordingly and forms part of the Register of Marriages.
[25] Amendment of section 23
Section 23(1)(d)
omit
Head Chief and the Secretary of the Nauru Local Government Council that the Council
substitute
President certifying that Cabinet
[26] Omnibus amendments relating to ‘this Ordinance’
omit (all references)
this Ordinance
substitute
this Act
Statute Law Revision Act 2011
14
[27] Further amendments
Provision Amendment
omit substitute
long title Ordinance Act
section 1A Ordinance Act
section 4(1), definition of ‘the adopted Ordinance’
as an Ordinance of the Island.
as a law of Nauru.
section 5(3) Administrator in Council President
Registrar, under Registrar under
section 5(4) Where under If, under
section 5(5) Administrator in Council Cabinet
section 6(1) on the Island, particulars in Nauru, particulars
section 7(1) on the Island, in Nauru,
section 9(b) Administrator, Minister,
section 11, heading the Island Nauru section 11 outside the Island outside Nauru
sections 11(a) and 16 on the Island (all references)
in Nauru
section 20(1) Administrator in Council Cabinet
section 20(1)(b) Supreme District
section 20(3)(a) on the Island in Nauru
section 20(4) Administrator in Council (all references)
Cabinet
sections 21(3) and (5) and 22(1)
on the Island in Nauru
section 28(1) to the Island to Nauru
at the Island in Nauru
section 29(4) Twenty-five cents: $10:
section 31 by the Administrator under section six, section fifteen or section twenty- two of this Ordinance
under section 6(3), 15(3) or 22(3)
section 37(2)(b) Supreme District
Schedule, Form 1 the day of , 19 ,
[date],
of the Ordinance of the Act
Statute Law Revision Act 2011
15
Provision Amendment omit substitute
Schedule, Form 2 the day of ,
19
on [date]
Dated this day of , 19 .
Dated:
Schedule, Forms 3 and 4
the day of ,
19
on [date]
Schedule, Form 5 Dated this day of , 19 .
(all references)
Dated:
Part CE – Cemeteries Ordinance 1922-1967
[28] Repeal and substitution short title
Section 1
repeal, substitute
1 Short title
This Act may be cited as the Cemeteries Act 1922.
[29] Omnibus amendment of references to ‘this Ordinance’
omit (all references)
this Ordinance
substitute
this Act
Part CEN – Census Act 1973
[30] Repeal of section 2
Section 2
Statute Law Revision Act 2011
16
repeal
Part CI – Civil Aviation Act 2011
[31] Amendment of section 37(2)
Section 37(2)
omit
the each
substitute
each
[32] Amendment of section 106
Section 106
omit
sign
substitute
Gazette notice
[33] Amendment of section 171(2)(a)
Section 171(2)(a)
omit, substitute
(a) prescribing and providing for the payment of fees and charges under this Act, including fees and charges:
(i) to fund the establishment, maintenance and operation of facilities and services provided under this Act, or generally for the purposes of civil aviation; and
(ii) for the exercise of powers and functions under this Act; and
(iii) for a service provided under this Act, or generally for the purposes of civil aviation, that must be paid directly to a person other than the Authority or the Republic who is authorised under this Act to provide the service; and
Statute Law Revision Act 2011
17
Part CIA – Civil Aviation (Carriers’ Liability) Act 1995
[34] Amendments
Provision Amendment omit substitute
section 3(3) Secretary for External Affairs
head of the department responsible for foreign affairs
Schedule 1 Section 4(1) section 3(1)
Schedule 2 Section 4(1) section 3(1)
Part CIP – Civil Procedure Act 1972
[35] Amendment of section 34
Section 34(1)
omit, substitute
(1) Subject to subsection (1A), a judgment-debtor detained in prison in the enforcement of a judgment in a civil suit in any Court may be detained:
(a) if the decree is for the payment of an amount exceeding $100 – for a period no longer than 6 months; and
(b) in any other case – for a period no longer than 6 weeks.
(1A) The judgement-debtor must be released before the expiration of the period specified in subsection (1):
(a) if the amount mentioned in the warrant for his or her detention is paid to the Superintendent of the prison; or
(b) subject to subsection (1B):
(i) if the judgment against the judgment-debtor is otherwise fully satisfied; or
(ii) on the written request of the person on whose application the judgment-debtor has been detained or of that person’s legal representative; or
(c) if the person on whose application the judgment-debtor has been detained fails to pay subsistence allowance.
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(1B) The judgment-debtor must not be released under subsection (1A)(b) except:
(a) if the judgment is that of the Supreme Court – on the order of a judge or the Registrar; and
(b) if the judgment is that of the District Court – on the order of a magistrate.
[36] Further amendments
Provision Amendment
omit substitute
section 36(1)(f) Stipends stipends
section 36(1) clauses (f), (g) and (j) paragraphs (f) and (j)
section 36(2) Lands Ordinance 1921- 1968
Lands Act 1976
section 42(1) money and have money have
section 49(2) Department of External Affairs
department responsible for foreign affairs
Part COM – Commissions of Inquiry Ordinance 1948-1967
[37] Repeal and substitution short title
Section 1
repeal, substitute
1 Short title
This Act may be cited as the Commissions of Inquiry Act 1948.
[38] Omnibus amendment of references to ‘this Ordinance’
omit (all references)
this Ordinance
substitute
this Act
Statute Law Revision Act 2011
19
[39] Omnibus amendment of references to ‘Administrator in Council’
omit (all references)
Administrator in Council
substitute
Cabinet
[40] Further amendments
Provision Amendment
omit substitute
long title Ordinance Act
section 3(1) he it
section 7 Public public
section 10 administrator administer
section 14 persona person
Schedule, heading THE ISLAND REPUBLIC
Ordinance Act
Schedule on the day of 19 at of the clock in the noon
on [date] at [time]
this day of 19 .
on [date]
Part CON – Constitutional Review Committee Act 2004-2009
[41] Amendment of section 5
Section 5(3), (4) and (5)
renumber as section 5(2), (3) and (4)
Statute Law Revision Act 2011
20
[42] Further amendments
Provision Amendment omit substitute
section 4(1) a committee consisting of nine members of the Parliament of Nauru who shall be appointed
9 members of the Parliament of Nauru must be appointed to the Committee
select standing
section 4(2) member, shall hold member holds
section 4(3) Speaker upon Speaker, on
section 6(5) That the The
section 9(2) applying a applying, a
section 10(1) and/or written submissions from the public at large or to any person or body directly within and outside of Nauru
or written submissions from any person or body within or outside Nauru
section 10(5) in lieu or instead of or
section 12(a) including inter-alia including,
section 12(c) fit; fit; and
section 14(2) in parliament in Parliament
PROVIDED Provided
section 14(3) report to report before
section 14(4) Convention. Committee.
Part COP – Consular Privileges and Immunities Act 1976
[43] Amendment of section 3
Section 3(2), definition of ‘Ministry for Foreign Affairs’
omit
Department of External Affairs
substitute
department responsible for foreign affairs
Statute Law Revision Act 2011
21
Part COR – Corporation Act 1972
[44] Amendment of section 1
44.1 Section 1, heading
omit
title
substitute
title and commencement
44.2 Section 1(1)
omit, substitute
(1) This Act may be cited as the Corporations Act 1972.
Part COU – Courts Act 1972
[45] Amendment of section 18
Section 18(2)(i) and (ii)
renumber as section 18(2)(a) and (b)
[46] Repeal of sections 75 and 76
Sections 75 and 76
repeal
[47] Further amendments
Provision Amendment
omit substitute
section 2, definition of ‘heard’
‘tried’ tried
section 2, definition of ‘hearing’
‘trial’ trial
section 24(2) cause, in cause in
section, is section is
Statute Law Revision Act 2011
22
Provision Amendment omit substitute
section 72(1) Every person (1A) Every person
this subsection subsection (1)
Schedule swear , swear
Part CRJ – Criminal Justice Act 1999-2009
[48] Amendments
Provision Amendment omit substitute
section 1 (1) This Act This Act
section 2 (1) In this In this
section 13(3)(d) (4) — extend (4), extend
section 32(2)(a) A person, a person,
section 32(3) (2)(a) and (2)(c) (2)(a) or (2)(c)
section 33(3) and of any and any
Part CRP – Criminal Procedure Act 1972-2006
[49] Omnibus amendment relating to ‘Criminal Code’
omit (all references)
Criminal Code
substitute
Criminal Code 1899
Statute Law Revision Act 2011
23
[50] Further amendments
Provision Amendment omit substitute
section 2 (1) In this In this
section 2, definition of ‘sentence’
Motor Traffic Act 1937- 1972
Motor Traffic Act 1937
section 42 Mentally-disordered Persons Ordinance 1963-1967
Mentally-disordered Persons Act 1963
section 61(5) Motor Traffic Act 1937- 1972
Motor Traffic Act 1937
section 121A(1) person, ‘the offender’, person (‘the offender’)
section 134 Motor Traffic Act 1937- 1972
Motor Traffic Act 1937
section 153(2)(b) shall subject shall, subject
section 168(2) shall thereof be attested shall be attested
section 174 every foolscap page each page
section 177 Registrar, Registrar
section 182(1)(a), form on the …………day of …………..19…
on [date]
Schedule, Part II at Yaren on ……………. the …………. day of ……………19…
at Yaren on [date]
did on the ……………. day of ……………19…
did, on [date]
Schedule, Part III did on the ……………. day of ……………19…
did, on [date]
Part CUA – Custom and Adopted Laws Act 1971
[51] Amendment of section 6
Section 6, all the words from ‘Notwithstanding’ to ‘Act:’
omit, substitute
Despite section 4, the parts of the statute law of England specified in the First Schedule, all rules, regulations and orders made under that statute law and the parts of the common law relating to that statute law do not, except as specified in the First Schedule, apply or have force and effect
Statute Law Revision Act 2011
24
within Nauru except in so far as all or any of them are adopted or applied from time to time by another Act:
[52] Repeal of sections 7 to 11
Sections 7 to 11
repeal
[53] Repeal of Schedules
Second, Third and Fourth Schedules
repeal
Part CUS – Customs Ordinance 1922-1967
[54] Repeal and substitution of short title
Section 1
repeal, substitute
1 Short title
This Act may be cited as the Law Adoption (Customs) Act 1922.
Part DIP – Diplomatic Privileges and Immunities Act 1976
[55] Amendment of section 4
section 4(6)(a)
omit
Ministry of Foreign Affairs as a reference to the Department of External Affairs of Nauru;
substitute
Ministry for Foreign Affairs as a reference to the department responsible for foreign affairs;
Statute Law Revision Act 2011
25
Part DIS – Disaster Risk Management Act 2008
[56] Amendment of section 6
Section 6(2), (4) and (5)
omit
Minister responsible for National Disaster Management
substitute
Minister
Part EXP – Explosives Ordinance 1924-1967
[57] Repeal and substitution of short title
Section 1
repeal, substitute
1 Short title
This Act may be cited as the Explosives Act 1924.
[58] Amendment of section 5
Section 5, all the words from ‘Penalties’ to ‘months.’
omit
[59] New section 6
After section 5
insert
6 Penalties
The penalty for any breach or non-observance of this Act is a fine of not less than $10, and not more than $100 and imprisonment for a period not exceeding 6 months.
Statute Law Revision Act 2011
26
[60] Omnibus amendment of references to ‘this Ordinance’
omit (all references)
this Ordinance
substitute
this Act
[61] Further amendments
Provision Amendment omit substitute
long title Ordinance Act
sections 2 and 3 Administrator Minister
section 5(2) (1) above: subsection (1):
section 5(2)(a) Such the
Administrator Minister
fired. fired; and
section 5(2)(b) to be are
Part EXT – Extradition of Fugitive Offenders Act 1973
[62] Repeal and substitution of short title
Section 1
repeal, substitute
1 Short title
This Act may be cited as the Extradition Act 1973.
[63] Amendment of section 4
Section 4(4) and (5)
renumber as section 4(3) and (4)
Statute Law Revision Act 2011
27
[64] Amendment of Schedule
Schedule, items 29 to 31
omit, substitute
29 Hi-jacking aircraft
30 Money laundering
31 An offence under the Counter Terrorism and Transnational Organised Crime Act 2004
[65] Further amendments
Provision Amendment omit substitute
section 2 In this Act (1) In this Act
section 3(2) on the high seas within within
section 7(2)(a) offence, a offence – a
country; country; and
section 7(2)(b) offence, a offence – a
section 8(1)(a) magistrate; magistrate; or
section 11(2)(a) sentence, until sentence – until
served; served; or
section 11(2)(b) offence, until offence – until
section 12(1)(a) case, the case – the
returned; returned; or
section 12(1)(b) Act, the Act – the
section 13(1)(b) evidence; evidence; and
Part FA – Family Court Act 1973
[66] Repeal of sections 30, 31 and 33
Sections 30, 31 and 33
repeal
Statute Law Revision Act 2011
28
[67] Further amendments
Provision Amendment omit substitute
section 2 (1) In this Act In this Act
section 6 Maintenance Ordinance 1959-1967
Maintenance Act 1959
Adoption of Children Ordinance 1965-1967
Adoption of Children Act 1965
section 25(e) them; them; and
Part FI – Fisheries Act 1997
[68] Amendments
Provision Amendment omit substitute
section 11(1) by any one or more of the following:-
in any of the following ways:
section 18(1) section. section 21.
section 37(4) forfeit forfeited
section 37(6)(b) *returned returned
Part FO – Foreign Trusts, Estates and Wills Act 1972
[69] Amendment of section 8
Section 8(2)
omit
and also deposits with the Republic of Nauru Finance Corporation or with any subsidiary of that corporation
Statute Law Revision Act 2011
29
Part IM – Immigration Act 1999
[70] Amendment of section 3
Section 3(3)
omit, substitute
(3) The Minister may give to the Principal Immigration Officer directions or instructions, not inconsistent with this Act, as to the exercise of any power, discretion or function or the performance of any duty under this Act, and the Principal Immigration Officer and immigration officers shall comply with those directions or instructions.
[71] Amendment of section 5
71.1 Section 5(6)(c) (first occurrence)
renumber as section 5(6)(b)
71.2 Section 5(7)
omit, substitute
(7) In addition to any other actions that may be taken under this Act, an immigration officer may issue a non-citizen, who has remained in Nauru despite their permit having expired or who entered Nauru under section 8(3) and becomes a prohibited immigrant, with an infringement notice imposing a fine of an amount prescribed by the Regulations.
(8) A fine imposed under this section is a debt owed to the Republic.
[72] Insertion of heading for Part VI
After section 24
insert
PART VI — TRAFFICKING IN PERSONS AND SMUGGLING OF MIGRANTS
[73] Amendment of section 25
Section 25, heading
omit, substitute
Statute Law Revision Act 2011
30
25 Definitions
[74] Amendment of section 32
Section 32(c) and (d)
renumber as section 32(a) and (b)
[75] Amendment of section 33
Section 33(e) and (f)
renumber as section 33(a) and (b)
[76] Further amendments
Provision Amendment omit substitute
section 1 (1) This Act This Act
section 10(1)(d)(ii) Nauru — is Nauru, is
or is mentally or to be mentally
section 11(6) removed to: removed:
section 11(6)(a) the place to the place
section 11(6)(b) Minister — to Minister, to
section 13(1)(t) 15(3) — returns 15(3), returns
section 16(2) Republic Proceedings Act
Republic Proceedings Act 1972
section 25, definition of ‘unlawful means’
the following meanings: the following:
section 31 who engages in the smuggling of a migrant either knowing or being reckless as to the fact that the person’s entry into a receiving country is illegal, in order to obtain a material benefit commits
who, in order to obtain a material benefit, engages in the smuggling of a migrant, either knowing or being reckless as to the fact that the person’s entry into a receiving country is illegal, commits
section 34(1) offence is offence and is
that person the first-mentioned person
Statute Law Revision Act 2011
31
Part IN – Insolvency Ordinance 1912 (Papua)
[77] Repeal and substitution of sections 1 (short title) and 2
Sections 1 and 2
repeal, substitute
1 Short title
This Act may be cited as the Insolvency Act 1912.
[78] Further amendments
Provision Amendment omit substitute
long title AN ORDINANCE An Act
sections 3, 4, 5, 6(1) and (2), 7, 9, 10, 13, 14, 16, 17, 18, 19, 29(11), (12) and (13), 38, 40, 54, 55(2) and (5), 59(1), 65, 67, 70, 83(1) and (2), 84(1), (17) and (18), 88, 89(1) and (2), 90, 91, 95, 96, 98, 101, 105(3), 107(1), 111, 112(2), 113(1), 114, 115, 117(3), 123, 150, 157, 160(2), (5) and (6), 163, 164, 166, 167, 168(1), 169, 172, 173, 183(1), (2), (9), (10), (11), (13), 184, 186, 187, 188, 189(1) and (2) and 190
this Ordinance (all references)
this Act
heading before section 19
the Ordinance the Act
sections 41, 53 and 186
the Ordinance the Act
section 190 other Ordinance(all references) other Act or Ordinance
Statute Law Revision Act 2011
32
Part LAN – Lands Act 1976
[79] Amendment of the Third Schedule
Third Schedule, after clause 4
insert
Note
The freehold title to land acquired for use as an aerodrome under the Aerodrome (Acquisition of Land) Act 1952 was transferred to the Administration in 1952 (and on Independence, that land was vested in the Republic). The former landowners of that land are entitled under section 6(2) of that Act to receive annual compensation in perpetuity of the amount which would be payable under clause 4 of this Schedule if the land were leased.
Part LAW – Laws Repeal and Adopting Ordinance 1922-1967
[80] Repeal and substitution of long title
Long title
repeal, substitute
An Act to adopt certain laws of the Commonwealth of Australia, Queensland and the former Territory of Papua as laws of Nauru
[81] Repeal and substitution of sections 1 (short title) and 2
Sections 1 and 2
repeal, substitute
1 Short title
This Act may be cited as the Laws Repeal and Adopting Act 1922.
[82] Amendment of First Schedule
First Schedule
omit
Designs Act 1906-1934
Patents, Trade Marks and Designs Act 1910
Statute Law Revision Act 2011
33
Patents, Trade Marks and Designs Act 1914-1915
Patents, Trade Marks and Designs Act 1932
Seamen’s Compensation Act 1911
[83] Amendment of Third Schedule
Third Schedule
omit
Employers’ Liability Ordinance 1912
Marriage Ordinance 1912-1914
Seamen (Foreign) Ordinance 1912
[84] Further amendments
Provision Amendment omit substitute
section 10 Subject to this Ordinance
Subject to this Act
the First Schedule to this Ordinance
Schedule 1
the Island of Nauru Nauru
section 12 the Second Schedule to this Ordinance
Schedule 2
the first day of July in the year one thousand nine hundred and twenty-one
1 July 1921
the Island of Nauru Nauru
circumstances of the Island
circumstances of Nauru
on the Island in Nauru
section 14 of the Territory of the former Territory
the Third Schedule to this Ordinance
Schedule 3
are in force in the said Territory of Papua at the commencement of this Ordinance, and
were in force in that Territory on 23 September 1922, and
Statute Law Revision Act 2011
34
Provision Amendment omit substitute
are in force in the said Territory of Papua at the commencement of this Ordinance are hereby
were in force in that Territory on 23 September 1922 are
the Island of Nauru Nauru
circumstances of the Island
circumstances of Nauru
on the Island in Nauru
section 16 the Island of Nauru Nauru
First Schedule, heading
THE FIRST SCHEDULE
SCHEDULE 1
ORDINANCE TO THE ISLAND
ACT
Second Schedule, heading
THE SECOND SCHEDULE
SCHEDULE 2
ORDINANCE TO THE ISLAND
ACT
Third Schedule, heading
THE THIRD SCHEDULE
SCHEDULE 3
TERRITORY FORMER TERRITORY
ORDINANCE TO THE ISLAND
ACT
Part LE – Legal Practitioners Act 1973
[85] Amendments
Provision Amendment omit substitute
section 19(4) If after If, after
section 38(2) Criminal Code Criminal Code 1899
section 45(2) Criminal Code Criminal Code 1899
Statute Law Revision Act 2011
35
Part LN – Legitimation Ordinance 1959-1966
[86] Repeal and substitution of short title
Section 1
repeal, substitute
1 Short title
This Act may be cited as the Legitimation Act 1959.
[87] Omnibus amendment of references to ‘this Ordinance’
omit (all references)
this Ordinance
substitute
this Act
[88] Further amendments
Provision Amendment omit substitute
long title Ordinance Act
section 2, definition of ‘the Registrar’
by the Births, Deaths and Marriages Ordinance 1957
under the Births, Deaths and Marriages Act 1957,
section 8(2) Administrator in Council (all references)
Minister
section 9 Births, Deaths and Marriages Ordinance 1957
Births, Deaths and Marriages Act 1957
First Schedule, heading
ISLAND REPUBLIC
Legitimation Ordinance 1959
Legitimation Act 1959
First Schedule, paragraph 1
on the day of , 19 , at
on [date], at
First Schedule, paragraph 2
on the day of , 19 , at
on [date], at
Statute Law Revision Act 2011
36
Provision Amendment omit substitute
First Schedule Declared at the
day of , 19 .
Declared at on
[date].
Second Schedule, heading
ISLAND REPUBLIC
Legitimation Ordinance 1959
Legitimation Act 1959
Second Schedule, paragraph 1
on the day of , 19 , at
on [date], at
Second Schedule, paragraph 2
on the day of , 19 , at
on [date], at
Second Schedule, paragraph 3
on the day of , 19 .
on [date].
Second Schedule, paragraph 4(c)
Administrator in Council Minister
Second Schedule Declared at the
day of , 19 .
Declared at on
[date].
Part MAI – Maintenance Orders (Reciprocal Enforcement) Act 1973
[89] Amendment of section 2
89.1 Section 2
omit
In this Act, unless the context otherwise requires –
substitute
(1) In this Act:
89.2 Section 2(1) (as renumbered), definition of ‘the Minister’
omit
Statute Law Revision Act 2011
37
89.3 Section 2(1) (as renumbered), definition of ‘the responsible authority’
omit
for External Affairs
Part MAO – Maintenance Ordinance 1959-1967
[90] Repeal and substitution of sections 1 (short title) and 2
Sections 1 and 2
repeal, substitute
1 Short title
This Act may be cited as the Maintenance Act 1959.
[91] Omnibus amendment of references to ‘this Ordinance’
omit (all references)
this Ordinance
substitute
this Act
[92] Further amendments
Provision Amendment omit substitute
long title Ordinance Act
section 3, definition of ‘the court’
‘the court’ ‘the Court’
sections 14(2) and 17(1)
the District Court the Court
section 26 the District Court the Family Court
section 27, heading Judiciary Ordinance 1957
Family Court Act 1973
section 27 Judiciary Ordinance 1957
Family Court Act 1973
section 28(1) the District Court the Family Court
Statute Law Revision Act 2011
38
Part MAT – Matrimonial Causes Act 1973
[93] Amendments
Provision Amendment omit substitute
section 4(2) him the Chairman
section 6(1)(a) his (all references)
his or her
he the party
section 6(1) he may the person may
thereto if he wishes to the suit
he is outside the person is outside
section 6(2) he (all references)
the person
section 7(1) his the additional party’s
section 9(2) his his or her
section 10(1)(c) and (d)
he (all references)
the party
section 10(2) he he or she
section 10(4) he (all references)
the party
section 11(2) his the
section 11(4) him to understand the consequences to him of his
the party to understand the consequences of
section 12(2) him the respondent
his the petitioner’s
section 13(3) his the
section 14(1) him the respondent
section 14(2)(a) his the
section 15 his the
section 16(2) his the Secretary’s
he he or she
section 16(3) his the Secretary’s
section 17(1)(b) his the
sections 22(a) and 24 he the party
Statute Law Revision Act 2011
39
section 24 his the party’s
section 33(1) his behalf (all references)
the other party’s behalf
section 33(2) himself (all references)
himself or herself
section 40(1)(a) his the child’s
section 41(2) himself himself or herself
section 41(3) his the party’s
section 41(4) his the child’s
section 43(1) and (2) his (all references)
the person’s
he (all references)
the person
section 45(a) his petition himself or by his
the petition in person or by the petitioner’s
section 45(b) his behalf the petitioner’s behalf
section 46(4) he the person
section 46(4)(a) him the person
section 46(5) him the plaintiff
Part ME – Mentally-disordered Persons Ordinance 1963-1967
[94] Repeal and substitution of sections 1 (short title) and 2
Sections 1 and 2
repeal, substitute
1 Short title
This Act may be cited as the Mentally-disordered Persons Act 1963.
[95] Amendment of section 3
Section 3, definition of ‘State’
omit
Statute Law Revision Act 2011
40
[96] Omnibus amendment of references to ‘this Ordinance’
omit (all references)
this Ordinance
substitute
this Act
[97] Omnibus amendment of references to ‘Administrator’
omit (all references, except as part of the expression ‘Administrator in Council’)
Administrator
substitute
Minister
[98] Further amendments
Provision Amendment omit substitute
long title Ordinance Act
section 3, definition of ‘medical practitioner’
legally qualified medical practitioner under the law of a State or of a Territory of the Commonwealth or of the Dominion
medical practitioner under the law of a State or Territory of the Commonwealth of Australia,
section 3, definition of ‘the Court’
Supreme Court District Court
section 3, definition of ‘the Rules of Court’
Judiciary Ordinance 1957.
Courts Act 1972.
section 5, heading States other jurisdictions section 5 Administrator in Council President
State: a place, being a foreign country or of a State or Province of a foreign country:
section 5(a) in that State, in that place,
of that State of that place
Statute Law Revision Act 2011
41
Provision Amendment omit substitute
section 7(5) Where a person, after having been tried for an offence, is found not guilty of the offence on account of unsoundness of mind and is ordered by the court by which he was tried to be kept in custody until Her Majesty’s pleasure is known,
If a person is in lawful custody under a special finding, made under section 111 of the Criminal Procedure Act 1972, that the person was not guilty of an offence by reason of insanity,
section 8, heading State authorities, etc. care outside Nauru section 8(1)(a) State place
section 8(2) Administration (all references)
Republic
section 10(1) State (all references)
place
section 10(2) Administration (all references)
Republic
section 11 State (all references)
place
Administration (all references)
Republic
administrator Minister
section 18(a) he describes himself, as,
the person describes himself or herself as,
section 20, heading Ordinance Act
Schedule, Form 1, paragraph (a)
on the day of , 19 ,
on [date],
Schedule, Form 1 Dated this day of , 19 .
Dated:
Schedule, Form 2 Supreme Court of the Island of Nauru
District Court of the Republic of Nauru
Administrator of the Island of Nauru
Minister
Statute Law Revision Act 2011
42
Part NA – Nauru Antiquities Ordinance 1935-1967
[99] Repeal and substitution of short title
Section 1
repeal, substitute
1 Short title
This Act may be cited as the Antiquities Act 1935.
[100] Omnibus amendment of references to ‘this Ordinance’
omit (all references)
this Ordinance
substitute
this Act
[101] Further amendments
Provision Amendment omit substitute
long title Ordinance Act
section 3 Administrator in Council Minister
Crown Republic
section 4 the Territory Nauru
Administrator in Council Minister
section 5(1) Administrator in Council Minister
the Territory Nauru
section 5(2) Collector Chief Collector
section 5(3) Crown Republic
section 5(4) Administrator in Council Minister
section 6 Collector Chief Collector
Officer in Charge Director
the Territory Nauru
section 7 Administrator in Council Minister
Statute Law Revision Act 2011
43
Provision Amendment omit substitute
Nauru Gazette Gazette
section 8(1) (i) Caves (a) caves
(ii) Representations (b) representations
(iii) Deposits (c) deposits
(iv) Places (d) places
section 8(2) Administrator in Council Minister
section 9 Administrator in Council Minister
them in them, in
Administrator Minister
section 10 Administrator in Council Minister
section 11(1) Administrator in Council Cabinet
section 11(1)(a) The duties the duties
Collector Chief Collector
Officer in Charge Director
section 11(1)(b) The constitution of the Board
the constitution of the board
section 11(1)(c) Penalties penalties
Part NLC – Nauru Lands Committee Ordinance 1956-1963
[102] Repeal and substitution of short title
Section 1
repeal, substitute
1 Short title
This Act may be cited as the Nauru Lands Committee Act 1956.
[103] Amendment of section 2
Section 2, definition of ‘the Council’
omit
Statute Law Revision Act 2011
44
[104] Repeal and substitution of section 8
Section 8
repeal, substitute
8 Validation of decisions of Central Court and Administrator
(1) The former Central Court is taken to have had, at all relevant times, jurisdiction to determine appeals from the Lands Committee constituted, before the date of commencement of Ordinance No. 3 of 1956, in accordance with the customs and usages of the Nauruan people.
(2) The following decisions made before the date of commencement of Ordinance No. 3 of 1956 are taken to have been validly made:
(a) decisions of the former Central Court made on appeal from the Lands Committee;
(b) decisions of the pre-independence Administrator made on further appeal from the former Central Court.
[105] Omnibus amendment of references to ‘the Council’
omit (all references)
the Council
substitute
the Cabinet
[106] Further amendments
Provision Amendment omit substitute
long title Ordinance Act
section 2 this Ordinance this Act
section 2, definition of ‘the Committee’
this Ordinance this Act
section 5 paid, out of the Nauru Local Government Council Fund,
paid
Statute Law Revision Act 2011
45
Part NRC – Nauru Rehabilitation Corporation Act 1997
[107] Amendments
Provision Amendment omit substitute
section 5(3)(a) on, on; and
sections 5(3)(b) and 16(a) and (b)
; ; and
section 16(c) to the Corporation to the Corporation; and
Third Schedule (Section 17) section 16
Part NTC – Nauru Trustee Corporation Act 1972
[108] Amendment of section 22
Section 22(3)
omit
the Corporation Bill 1972
substitute
section 4 of the Corporations Act 1972
[109] Amendment of section 36
Section 36, heading
omit
Corporation Act 1972
substitute
Corporations Act 1972
[110] Omnibus amendment relating to ‘Corporation Act 1972’
omit (all references)
Corporation Act 1972
Statute Law Revision Act 2011
46
substitute
Corporations Act 1972
Part NUB – Nauruan Bureau of Statistics Act 1992
[111] Repeal and substitution of short title
Section 1
repeal, substitute
1 Short title
This Act may be cited as the Statistics Act 1992.
[112] Further amendments
Provision Amendment omit substitute
section 11 (1) A A
direct(ion direction
Part OA – Oaths, Affirmations and Statutory Declarations Act 1976
[113] Amendments
Provision Amendment omit substitute
section 10 , 19 , 2
Fifth Schedule Section 10 section 11
, 19 , 2
Statute Law Revision Act 2011
47
Part PAR – Parliament of Nauru (Register of Interests) Act 2004
[114] Repeal and substitution of short title
Section 1
repeal, substitute
1 Short title
This Act may be cited as the Members of Parliament (Register of Interests) Act 2004.
[115] Further amendments
Provision Amendment
omit substitute
section 3, definition of ‘financial benefit’
Salaries of Members of Parliament Act
Parliamentary Salaries and Allowances Act 2008
section 3, definition of ‘Register’
section 6 section 7
section 3, definition of ‘return’
approved in accordance with section 5
prescribed under section 6
section 4(a)(i) interests; interests; and
section 4(e) he or his he nor his
section 5(1) shall on must, on
section 5(2) Constitution submit Constitution, submit
section 6(1)(a) following; following; and
section 6(1)(b) kind; kind; and
section 6(2) shall contain: must contain the following:
section 6(2)(d) held during held, during
section 6 (2) Nothing (3) Nothing
section 11(2) (i) To (a) to
House which House, which
(ii) that (b) that
section 12(4) state: state the following:
section 12(7)(a) more that more than
Statute Law Revision Act 2011
48
Part PAT – Patents Registration Act 1973
[116] Amendments
Provision Amendment omit substitute
section 17 the Nauru Phosphate Corporation
RONPHOS
therefor to to
Part POL – Police Offences Ordinance 1967
[117] Amendment of long title
Long title
omit
AN ORDINANCE
substitute
An Act
[118] Repeal and substitution of short title
Section 1
repeal, substitute
1 Short title
This Act may be cited as the Summary Offences Act 1967.
[119] Amendment of section 2
Section 2
omit
this Ordinance
substitute
Statute Law Revision Act 2011
49
this Act
Part POS – Post and Telegraph Act 1901-1966 (Commonwealth)
[120] Repeal and substitution of short title
Section 1
repeal, substitute
1 Short title
This Act may be cited as the Post and Telegraph Act 1901.
Part PT – Post and Telegraph Ordinance 1952-1963
[121] Repeal and substitution of long title
Long title
repeal, substitute
An Act relating to the postal and telegraphic services of Nauru
[122] Repeal and substitution of short title
Section 1
repeal, substitute
1 Short title
This Act may be cited as the Law Adoption (Post and Telegraph) Act 1952.
[123] Omnibus amendment of references to ‘this Ordinance’
omit (all references)
this Ordinance
substitute
this Act
Statute Law Revision Act 2011
50
[124] Amendment of section 2
Section 2, definitions of ‘the Island’ and ‘the Rates Act’
omit
[125] Repeal of section 4
Section 4
repeal
[126] Amendment of section 6
Section 6(2)
omit
[127] Repeal of sections 7 and 8
Sections 7 and 8
repeal
[128] Further amendments
Provision Amendment omit substitute
section 2, definition of ‘the Post and Telegraph Act’
Act; Act.
section 3, heading certain Commonwealth Acts and Regulations
Post and Telegraph Act
section 3(1) and the Rates Act are adopted, subject to such modifications and adaptions as are prescribed by or under Ordinance of the Island, as laws of the Island of Nauru, so far as they are applicable to the circumstances of the Island
is adopted (subject to any modifications and adaptations prescribed by a law of Nauru) as a law of Nauru, so far as it is applicable to the circumstances of Nauru
those Acts as so adopted
the adopted Act
Statute Law Revision Act 2011
51
Provision Amendment omit substitute
section 3(2) or the Rates Act is is
the Island Nauru
section 5 and the Rates Act to to
Administrator of the Island
Minister
section 6 (1) The Post The Post
the Island Nauru
section 9 The Administrator Cabinet
for all or any of the purposes specified in section ninety-seven of the Post and Telegraph Act and section nine of the Rates Act.
for prescribing rates of postage and rates for other services provided under the Act.
Part PUB – Public Accounts Committee Act 1992
[129] Amendments
Provision Amendment omit substitute
section 3(1) select standing
section 7(1)(a) Audit Act Audit Act 1973
section 18(1) section 14 section 15
Part PUF – Public Finances (Control and Management) Act 1997
[130] Repeal and substitution of short title
Section 1
repeal, substitute
Statute Law Revision Act 2011
52
1 Short title
This Act may be cited as the Public Finance (Control and Management) Act 1997.
[131] Further amendments
Provision Amendment omit substitute
section 2(1), definition of ‘department’
Public Service Act Public Service Act 1998
section 2(1), definition of ‘Government Loans Fund’
Government Loans Act Government Loans Act 1972
section 6(1) Where is It If it is
section 6(3) year; year,
section 8(5) (3), If (3), if
section 10(3) no accounting officer shalt
an accounting officer must not
section 11(1) Republic- Republic.
section 17(1) tar for
section 17(2)(b) Is is
section 17(4) Immediately immediately
section 32(1) for - for the following:
section 32(1)(f) to public officers to public officers;
section 32(1)(g) matters matters;
section 32(2) therein: in the regulations.
Part QU – Quarantine Act 1908-1920 (Commonwealth)
[132] Repeal and substitution of short title
Section 1
repeal, substitute
1 Short title
This Act may be cited as the Quarantine Act 1908.
Statute Law Revision Act 2011
53
Part RB – Registration of Business Names Act 1976
[133] Repeal and substitution of short title
Section 1
repeal, substitute
1 Short title
This Act may be cited as the Business Names Act 1976.
Part RS – Registration of Shipping Act 1968
[134] Repeal and substitution of short title
Section 1
repeal, substitute
1 Short title
This Act may be cited as the Shipping Registration Act 1968.
[135] Amendment of section 2
Section 2, definition of ‘The Minister’
omit
Part SA – Salvage of Derelict Wreck Act 1969
[136] Amendment of section 16
Section 16(a), (b) and (c)
omit (all references)
If
substitute
if
Statute Law Revision Act 2011
54
[137] Amendment of section 31
Section 31
omit
Wreck and Salvage Ordinance of 1902 of the Territory of Papua as adopted by the Laws Repeal and Adopting Ordinance 1922-1967
substitute
Wreck and Salvage Act 1902
[138] Amendment of section 34
Section 34, definition of ‘the Minister’
omit
Part SC – Succession, Probate and Administration Act 1976
[139] Amendment of sections 37 and 63
Sections 37(1)(b) and 63(2)(b)
omit
the Nauru Phosphate Corporation
substitute
RONPHOS
Part SM – Survey Marks Ordinance 1925-1967
[140] Repeal and substitution of long title
Long title
repeal, substitute
An Act to reserve a distinguishing mark for use in connection with official surveys
Statute Law Revision Act 2011
55
[141] Repeal and substitution of sections 1 (short title) and 2
Sections 1 and 2
repeal, substitute
1 Short title
This Act may be cited as the Survey Marks Act 1925.
2 Definitions
In this Act:
‘Government Surveyor’ means the public officer from time to time responsible for carrying out land and other surveys on behalf of the Republic.
[142] Further amendments
Provision Amendment omit substitute
section 3 those working a person working
this Ordinance this Act
Part SU – Survey Ordinance 1961-1967
[143] Repeal and substitution of short title
Section 1
repeal, substitute
1 Short title
This Act may be cited as the Survey Act 1961.
[144] Amendment of section 4
Section 4(1)
omit, substitute
Statute Law Revision Act 2011
56
(1) Cabinet may, on application by a person, register the person as a surveyor if:
(a) the person is authorised under a law of a State or Territory of Australia, or New Zealand, to practise as a surveyor; and
(b) Cabinet is satisfied the person is a fit and proper person to be registered as a surveyor.
[145] Omnibus amendment of references to ‘this Ordinance’
omit (all references)
this Ordinance
substitute
this Act
[146] Omnibus amendment of references to ‘Administrator in Council’
omit (all references)
Administrator in Council
substitute
Cabinet
[147] Further amendments
Provision Amendment omit substitute
long title Ordinance Act
section 2, definition of ‘Government Surveyor’
the person holding office as, or performing the functions of the office of, Government Surveyor of Nauru;
the public officer from time to time responsible for carrying out land and other surveys on behalf of the Republic;
section 2, definition of ‘licence’
Administrator Minister
section 2, definition of ‘survey’, paragraph (b)
Administration Republic
section 3, heading Ordinance Act
Statute Law Revision Act 2011
57
Provision Amendment omit substitute
section 3 This Ordinance This Act
section 5(1) Administrator Minister
section 5(1)(a) an officer or employee of the Public Service of Nauru
a public officer
section 5(2) Administrator (all references)
Minister
section 6, heading Ordinance Act
Schedule, heading ORDINANCE ACT Schedule Survey Ordinance 1961
hereby Survey Act 1961,
Schedule, paragraph (c)
Survey Ordinance 1961; Survey Act 1961;
Schedule, paragraph (e)
on the day of 19 .
on [date].
Part TM – Trademarks Regulations Adoption Ordinance 1964-1966
[148] Repeal and substitution of short title
Section 1
repeal, substitute
1 Short title
This Act may be cited as the Law Adoption (Trade Marks Regulations) Act 1964.
[149] Further amendments
Provision Amendment omit substitute
long title ORDINANCE Act
section 3 Administrator Minister
Statute Law Revision Act 2011
58
Part TR – Treasury Fund Protection Act 2004
[150] Amendments
Provision Amendment omit substitute
section 3 No person shall authorise or permit the
A person must not make, direct or permit a
Constitution that has not been
Constitution, unless the withdrawal has been
section 6(3) genuinely based on a belief that was genuinely
section 7(1) including inter-alia including
including consultants (including a consultant)
commits he or she commits
section 8(1) has been have been
section 8(2) has been have been
section 8(3) in the Republic of Nauru Finance Corporation Act or any
in any
section 8(4) contravention to contravention of
Part WC – Workers’ Compensation Ordinance 1956-1967
[151] Repeal and substitution of short title
Section 1
repeal, substitute
1 Short title
This Act may be cited as the Workers’ Compensation Act 1956.
[152] Amendment of section 5
Section 5, definition of ‘worker’, paragraph (d)
omit
Statute Law Revision Act 2011
59
[153] Omnibus amendment of references to ‘this Ordinance’
omit (all references)
this Ordinance
substitute
this Act
[154] Omnibus amendment of references to ‘Administrator in Council’
omit (all references)
Administrator in Council
substitute
Cabinet
[155] Further amendments
Provision Amendment omit substitute
long title Ordinance Act
section 2 This Ordinance This Act
section 3(2) the Act the 1912 Act
section 4, heading Ordinance Act section 4(1) the Act the 1912 Act
section 5(1), definition of ‘the Act’
‘the Act’ ‘the 1912 Act’
section 5(1), definition of ‘worker’, paragraph (b)
business; business; or
section 5(1), definition of ‘worker’, paragraph (c)
outworker; or outworker.
section 6(2) and (6)(b)
connexion connection
section 7(7)(b) if owing if, owing
section 10(1)(b) Administrator, or of an officer appointed by the Administrator
Minister, or of an officer appointed by the Minister
section 11(2) dependantswholly dependants wholly
Statute Law Revision Act 2011
60
Provision Amendment omit substitute
section 16(3) Where upon If, on
section 18(1) to pay damage to pay damages
section 19, heading Ordinance Act section 20(1) Administration or the
British Phosphate Commissioners)
Republic)
section 22(d) connexion connection
Part WI – Wild Birds Preservation Ordinance 1937-1967
[156] Repeal and substitution of short title
section 1
repeal, substitute
1 Short title
This Act may be cited as the Wild Birds Protection Act 1937.
[157] Omnibus amendment of references to ‘this Ordinance’
omit (all references)
this Ordinance
substitute
this Act
[158] Further amendments
Provision Amendment omit substitute
long title Ordinance Act
section 2 This Ordinance This Act
section 5 Administrator Minister
section 7 possession any possession, any
Statute Law Revision Act 2011
61
Part WO – Workers (Contracts of Service) Ordinance 1922-1967
[159] Repeal and substitution of short title
Section 1
repeal
1 Short title
This Act may be cited as the Workers (Contracts of Service) Act 1922.
[160] Omnibus amendment of references to ‘Administrator’
omit (all references, except as part of the expression ‘Administrator in Council’)
Administrator
substitute
Minister
[161] Omnibus amendment relating to ‘authorized’
omit (all references)
authorized
substitute
authorised
[162] Omnibus amendment of references to ‘this Ordinance’
omit (all references)
this Ordinance
substitute
this Act
Statute Law Revision Act 2011
62
[163] Further amendments
Provision Amendment omit substitute
long title Ordinance Act
section 3 Administrator in Council Cabinet
section 3 company (including the British Phosphate Commissioners)
company
section 7 No worker, (1) No worker,
Nothing (2) Nothing
section 8(1)(e) workers; or fellow workers; or
section 12(1)(b) the Territory Nauru
section 15 less number lesser number
loading and discharging of vessels,
loading and unloading of ships or aircraft,
section 24 the articles of accommodation, food, or clothing, &c., stipulated in his contract, or supplies an inferior quality of those articles,
the accommodation, food, clothing or any other benefit stipulated in his contract, or supplies an inferior form of any of them,
section 28(2) Separate dwelling A separate dwelling
section 34 of any worker who of any worker, who
section 51 lodging rations lodging, rations
Part WR – Wreck and Salvage Ordinance 1902 (Papua)
[164] Amendment of long title
Long title
omit
Ordinance
substitute
Act
Statute Law Revision Act 2011
63
[165] Insertion of new short title
Before section 1
insert
1A Short title
This Act may be cited as the Wreck and Salvage Act 1902.
[166] Repeal of section 32
Section 32
repeal
[167] Omnibus amendment of references to ‘this Ordinance’
omit (all references)
this Ordinance
substitute
this Act
64
SCHEDULE 2 – REPEAL OF ORDINANCES
section 13(a)
Arms and Opium Prohibition Ordinance 1936-1967
Cinematograph Censorship Ordinance 1927-1967
Constitutional Convention Ordinance 1967
Executive Council Ordinance 1966-1967
Importation of Dogs Ordinance 1937-1967
Leprosy Suppression Ordinance 1922
Manufacture and Sale of Bread Ordinance 1926-1967
Marking of Weight on Heavy Packages Ordinance 1932-1967
Motor Vehicle (Third-Party Insurance) Ordinance 1967-1972
Native Administration Ordinance 1922-1967
Native Co-operative Societies Ordinance 1935-1967
Nauru Phosphate Agreement Ordinance 1968
Nauruan Housing Ordinance 1957-1967
Ordinances Revision Ordinance 1947
Ordinances Revision Ordinance 1966
Ordinances Revision Ordinance 1967
Prohibition of Sale or Barter of Administration and Employers’ Stores Ordinance 1953-1967
Prohibition of Sale to Chinese and Natives of Overmilled Rice Ordinance 1925- 1967
Quarantine Area Ordinance 1921-1967
Quarantine (Plague) Ordinance 1922-1967
Roads Maintenance Ordinance 1922-1967
Shipping Fees Ordinance 1937-1967
Social Services Ordinance 1956-1967
War Deaths (Civilians) Certificates Ordinance 1946-1967
Statute Law Revision Act 2011
65
SCHEDULE 3 – REPEAL OF ACTS
section 13(b)
Constitutional Convention Act 2007
Currency (Remittance Charge) Act 1997
Higher Education Act 1986
Insurance Act 1974-1996
Leper Station and Hospital Enclosure Ordinance Repeal Act 1970
Long Term Investment Fund (Appropriation) Act 1996
Long Term Investment Fund (Sequestration) Act 2004
Nauru Currency Act 1997
Nauru Housing Fund Supply Act 1968
Nauru Island Council (Dissolution) Act 1999
Nauru Island Council Subvention Act 1992
Nauru Local Council Guarantee Act 1968
Nauru Local Government Council Act 1951-1985
Nauru Local Government Council Dissolution Act 1992
Nauru Local Government Council Dissolution Consequential Amendments Act 1997
Nauru Local Government Council Guarantee Act 1970
Nauru Local Government Council Guarantee Act 1971-1972
Nauru Local Government Council Guarantee Act 1976 (Act No. 1 of 1976)
Nauru Local Government Council Guarantee Act 1976 (Act No. 8 of 1977)
Ordinances Repeal Act 1968
Phosphate Industry Finance Act 1968
Rehabilitation Fund (Denigomodu School) Act 1998
Republic of Nauru Finance Corporation (Repeal) Act 2009