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Interpretation (Amendment) Act 1975

REPUBLIC OF NAURU

INTERPRETATION (AMENDMENT) ACT 1975

(NO. 12 OF 1975)

AN ACT

To amend the Interpretation Act 1971

(Certified: 20th November, 1975)

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ARRANGEMENT OF SECTIONS

Section

1. Short title
2. The principal Act
3. Amendment of section 2 of the principal Act
4. Amendment of section 29 of the principal Act
5. Amendment of section 40 of the principal Act

INTERPRETATION (AMENDMENT) ACT 1975
(No. 12 of 1975)

AN ACT

To amend the Interpretation Act 1971

(Certified: 20th November, 1975 )

Enacted by the Parliament of Nauru as follows:

SHORT TITLE

1. This Act may be cited as the Interpretation (Amendment) Act 1975.

THE PRINCIPAL ACT

2. In this Act "the principal Act" means the Interpretation Act 1971.

AMENDMENT OF SECTION 2 OF THE PRINCIPAL ACT

3. Subsection (1) of section 2 of the principal Act is amended by deleting therefrom the definition of "medical practitioner" and by inserting therein in their correct alphabetical positions in the series of definitions in that subsection the following definitions -

"Chairman of the Family Court" has the meaning ascribed to it by the Family Court Act 1973;

"Director of Public Prosecutions" means the person appointed as such under the provisions of section 45 of the Criminal Procedure Act 1972;

"Family Court" means the Family Court established by section 3 of the Family Court Act 1973;

"hours of darkness" means the period between sunset on one day and sunrise on the next following day;

"medical practitioner" means a person who has successfully completed a course of study in medicine at a school of medicine or a university in any country and who is for the time being authorised in writing by the Minister responsible for the administration of the Republic's laws relating to health to practise as a medical practitioner in Nauru;

"member of the Family Court" has the meaning ascribed to it by the Family Court Act 1973;

"night" means the period between half past six o'clock in the afternoon on one day and half past six o'clock in the morning on the next following day;

"resident magistrate" has the meaning ascribed to it by the Courts Act 1972; ".

AMENDMENT OF SECTION 29 OF THE PRINCIPAL ACT

4. Subsection (1) of section 29 is amended -

(a) by deleting the words and punctuation -

"Where by any Act, Ordinance or applied statute it is provided that regulations may or shall be made, and -

(a) it is provided that such regulations may or shall be made by the Cabinet; or

(b) it is not provided by whom such regulations may or shall be made;"

and by inserting in lieu thereof the words and punctuation

"Where by any Act, Ordinance or applied statute it is provided that regulations may or shall be made and it is provided that such regulations may or shall be made by the Cabinet or it is not provided by whom they may or shall be made,"; and

(b) by deleting the words "such publication" in paragraphs (b) and (c) and by inserting in lieu thereof in both those paragraphs the words "publication in the Gazette".

AMENDMENT OF SECTION 40 OF THE PRINCIPAL ACT

5. Section 40 of the principal Act is amended by adding thereto the following new subsection (5) -

"(5) Where by or under any written law any person or body of persons is empowered or authorised to delegate the performance or exercise of any functions, duties or powers conferred on him or it by or under that or any other written law, that power or authority shall not extend, unless expressly so provided by any written law, to include power or authority to delegate that power or authority of delegation."

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