CRIMINAL CODE (AMENDMENT) ACT 2006

REPUBLIC OF NAURU

(No. 7 of 2006)

AN ACT

To provide for the offence of sabotage of national infrastructure and of threats against people carrying out their lawful duties.

(Certified: 11th August 2006)

BE IT ENACTED by the Parliament of Nauru as follows-

SHORT TITLE

1. This Act may be cited as the Criminal Code (Amendment) Act 2006

PRINCIPAL ACT

2. In this Act the Criminal Code is referred to as the principal enactment.
(Note: The Criminal Code is defined in the Interpretation Act 1972.

AMENDMENT OF THE PRINCIPAL ACT

3. (1) Following Section 53 of the principal enactment insert-

'53A. INTERPRETATION FOR SABOTAGE

(1) In this section and sections 53B and 53C-

'property offence' means an offence against section 458 (Unlawful Acts), 459 (Acts done with Intent to Defraud), 461 (arson), 463 (setting fire to crops and growing plants), 469 (wilful damage), 470 (attempts to destroy property by explosives); and

'public facility' means any of the following (whether publicly or privately owned)-

(a) a government facility, including vehicles and premises used by government employees (including Ministers and Members of Parliament) in connection with official duties;

(b) a public infrastructure facility, including a facility providing or distributing water, sewerage, energy, fuel, communication, seaport, airport, and loading and unloading facilities or other services to, or for the benefit of, the public;

(c) a public information system, including a system used to generate, send, receive, store or otherwise process electronic communications;

(d) a public transport facility, including a conveyance used to transport people or goods;

(e) a public place, including any premises, land or water open to the public;

(f) buildings, plant, equipment, and associated facilities (including conveyors, locomotives, rails, cables for carriage of electric power or communications and pipes for carriage of fuel, water or gas) owned and/or operated by an instrumentality of the Republic for the mining, crushing, treatment, conveyance, delivery and other associated activities connected with the mining treatment and sale of phosphate rock.

(2) In this Subdivision "damage", in relation to a public facility, means–

(a) cause damage to the facility or any part of the facility; or

(b) cause disruption to the use or operation of the facility.

(3) For the purposes of an offence against this Subdivision, a person causes any damage or disruption if the person's conduct substantially contributes to the damage or disruption.

53B. SABOTAGE 

A person who-

(a) damages a public facility by committing a property offence; and

(b) intends to cause-

(i) major disruption to government functions; or

(ii) major disruption to the use of services by the public; or

(iii) major economic loss–

is guilty of an offence and liable to 25 years imprisonment.

53C. THREATS TO SABOTAGE

(1) A person who–

(a) makes to another person a threat to damage a public facility by committing a property offence; and

(b) intends that person to fear that the threat will be carried out and will cause-

(i) major disruption to government functions; or

(ii) major disruption to the use of services by the public; or

(iii) major economic loss-

is guilty of an offence and liable to 15 years imprisonment.

(2) In the prosecution of an offence against this section it is not necessary to prove that the person threatened actually feared that the threat would be carried out.

(3) For the purposes of this section-

(a) a threat may be made by any conduct and may be explicit or implicit, conditional or unconditional; and

(b) a threat to a person includes a threat to a group of persons; and

(c) fear that a threat will be carried out includes apprehension that it will be carried out.".

(2) For section 359 of the principal enactment substitute -

"359. THREATS TO INJURE OR KILL

(1) Any person who threatens to kill or to do any injury, or cause any detriment, of any kind to another with intent to prevent or hinder that other person from doing any act which the other person is lawfully entitled to do, or with intent to compel the other person to do any act which the other person is lawfully entitled to abstain from doing, or with intent to cause public alarm or anxiety, commits a crime.

Penalty:	(a) 5 years imprisonment; or	
	(b) 10 years imprisonment if the threat includes a threat to kill.".	

I hereby certify that the above is a fair print of a Bill for an Act entitled Criminal Code 
(Amendment) Act 2006, has been passed by Parliament of Nauru and is now presented 
to the Speaker for his Certificate under Article 47 of the Constitution.

……………………….
Clerk of Parliament
11th August 2006

Pursuant to Article 47 of the Constitution, I, VALDON K. DOWIYOGO, Speaker of Parliament, hereby certify that the Criminal Code (Amendment) Act, 2006 has been passed by Parliament of Nauru.

……………………….
Speaker
11th August 2006

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