REPUBLIC OF NAURU

COURTS (AMENDMENT) ACT 1979

(No. 5 of 1979)

ARRANGEMENT OF SECTIONS

Section
1 Short title
2 The principal Act
3 Amendment of section 13 of the principal Act

-------------------------

AN ACT

To amend the Courts Act 1972.

(Certified: 18th September, 1979)

Enacted by the Parliament of Nauru as follows:

SHORT TITLE

1. This Act may be cited as the Courts (Amendment) Act 1979.

THE PRINCIPAL ACT

2. In this Act "the principal Act" means the Courts Act 1972.

AMENDMENT OF SECTION 13 OF THE PRINCIPAL ACT

3. Section 13 of the principal Act is amended by adding thereto the following new subsection (3)-

"(3) The resident magistrate may, and shall if the Chief Justice so directs, destroy, or cause to be destroyed, any record of any cause or matter in the District Court, including the record of the evidence in that cause or matter, at any time after the expiration of a period of-

(a) in the case of criminal proceedings in which no sentence of imprisonment was imposed, two years; and

(b) in the case of any other cause or matter-

(i) if the Chief Justice is satisfied that the continued retention of the record of that cause or matter is unlikely to serve any useful purpose and authorises its destruction, two years; and

(ii) otherwise, ten years,

from the date of final judgment in those proceedings."

--------------------------------