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Statute Law Revision Act 2011

REPUBLIC OF NAURU


Statute Law Revision Act 2011


Act No. 8 of 2011


Table of Provisions


PART 1 – PRELIMINARY MATTERS


1 Short title
2 Commencement


PART 2 – VALIDATION AND TRANSITIONAL PROVISIONS


3 Validation of Agricultural Quarantine Act 1999
4 Validation of Appeals (Amendment) Act 1974
5 Validation of Births, Deaths and Marriages Ordinance 1957
6 Validation of fees charged for extracts from the Register of Births, Deaths and Marriages
7 Validation of Disaster Risk Management Act 2008
8 Validation of Immigration (Amendment) Act 2005
9 Validation of amendments to Nauru Air Corporation Act 1995
10 Postal rates
11 Transfer of assets of Nauru Insurance Corporation


PART 3 – AMENDMENT AND REPEAL OF LAWS


12 Acts amended
13 Repeal of laws


SCHEDULE 1 - AMENDMENT OF LAWS


Part AC – Accommodation Registration Act 2006
Part AD – Adoption of Children Ordinance 1965-1967
Part AE – Aerodrome (Acquisition of Land) Act 1952-1968
Part AP – Appeals Act 1972
Part BA – Banking Act 1975
Part BI – Births, Deaths and Marriages Act 1957-2009
Part CE – Cemeteries Ordinance 1922-1967
Part CEN – Census Act 1973
Part CI – Civil Aviation Act 2011
Part CIA – Civil Aviation (Carriers’ Liability) Act 1995
Part CIP – Civil Procedure Act 1972
Part COM – Commissions of Inquiry Ordinance 1948-1967
Part CON – Constitutional Review Committee Act 2004-2009
Part COP – Consular Privileges and Immunities Act 1976
Part COR – Corporation Act 1972
Part COU – Courts Act 1972
Part CRJ – Criminal Justice Act 1999-2009
Part CRP – Criminal Procedure Act 1972-2006
Part CUA – Custom and Adopted Laws Act 1971
Part CUS – Customs Ordinance 1922-1967
Part DIP – Diplomatic Privileges and Immunities Act 1976
Part DIS – Disaster Risk Management Act 2008
Part EXP – Explosives Ordinance 1924-1967
Part EXT – Extradition of Fugitive Offenders Act 1973
Part FA – Family Court Act 1973
Part FI – Fisheries Act 1997
Part FO – Foreign Trusts, Estates and Wills Act 1972
Part IM – Immigration Act 1999
Part IN – Insolvency Ordinance 1912 (Papua)
Part LAN – Lands Act 1976
Part LAW – Laws Repeal and Adopting Ordinance 1922-1967
Part LE – Legal Practitioners Act 1973
Part LN – Legitimation Ordinance 1959-1966
Part MAI – Maintenance Orders (Reciprocal Enforcement) Act 19>Part MAO – Maintenintenance Ordinance 1959-1967
Part MAT – Matrimonial Causes Act 1973
Part ME – Mentalsordered Persons Ordinance 1963-1967
Part NA – Nauru Antiquities Ordinance 1935-1935-1967
Part NLC – Nauru Lands Committee Ordinance 1956-1963
Part NRC – Nauru Rehabilitation Corporation Act 1997
Part NTC – Nauru Trustee Corporation Act 1972
Part NUB – Nauruan Bureau of Statistics Act 1992
Part OA – Oaths, Affirmations and Statutory Declarations Act 1976Part PAT – Patents Registration Act 1973
Part POL – Police Offences Ordinance 1967
Part POS – Post and Telegraph Act 1901-1966 (Commonwealth)
Part PT – Post and Telegraph Ordinance 1952-1963
Part PUB – Public Accounts Committee Act 1992
Part PUF – Public Finances (Control and Management) Act 1997
Part QU – Quarantine Act 1908-1920 (Commonwealth)
Part RB – Registration of Business Names Act 1976
Part RS – Registration of Shipping Act 1968
Part SA – Salvage of Derelict Wreck Act 1969
Part SC – Succession, Probate and Administration Act 1976
Part SM – Survey Marks Ordinance 1925-1967
Part SU – Survey Ordinance 1961-1967
Part TM – Trademarks Regulations Adoption Ordinance 1964-1966
Part TR – Treasury Fund Protection Act 2004
Part WC – Workers’ Compensation Ordinance 1956-1967
Part WI – Wild Birds Preservation Ordinance 1937-1967
Part WO – Workers (Contracts of Service) Ordinance 1922-1967
Part WR – Wreck and Salvage Ordinance 1902 (Papua)
SCHEDULE 2 – REPEAL OF ORDINANCES
SCHEDULE 3 – REPEAL OF ACTS


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


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.


  1. Commencement

(1) Subject to subsection (2), this Act commenn the dthe 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


  1. 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.


(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.


  1. 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 ptemeer 1976 in rein reliance on any provision of the Appeals (Amendment)
Act 1974 is taken to have been valid.


  1. ="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.


  1. 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.


  1. 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.


  1. Validation of Immigration (Amendment) Act 2005

The Immigration (Amendment) Act 2005 (No. 7 of 2005) is taken to have commenced on 2 October 2005.


  1. 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.

  1. 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.


  1. 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


  1. Acts amended

Schedule 1 amends the Acts mentioned in it.


  1. 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.


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

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


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


substitute


this Act


[9] Further amendments
over the child
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
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)
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.
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.

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


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
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.


[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; and


(c) w(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.


[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) w(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


[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

[date],


,19
,


of the Ordinance
of the Act
Schedule, Form 2
the
day of

on [date]

19


Dates this
day of
Dated:


19,

Schedule, Forms 3 and 4
the
19
day of
on [date]
Schedule, Form 5
Dated this
day of
19
Dated:

(all references)


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


Repeal


Part CI – Civil Aviation Act 2011


[31] Amendment of section 37(2)
ckquote>

Se

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


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.


(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


[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)


[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

Sectioection 3(2), definition of ‘Ministry for Foreign Affairs’


omit


Department of External Affairs


substitute

department responssponsible for foreign affairs


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
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


[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
on [date]
..................19....
Schedule, Part II
at Yaren ..................
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 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;


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.


[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)


[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


[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


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 becomprohibited imed 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


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
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

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
heading before section&#160 19
Provision
Amendment

omit
substitute
long title
AN ORDINANCE
An Act
sections 3, 4, 5, 6(1) and (2), 7, , 13, 14, 16, 17, 117, 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, 5, 96, 98, 101, 101, 105(3)(1), 111, 112(2), 113(1), 11), 114, 115, 117(3), 123, 150, 157, 160(2), (5) and (6), 163, 164, 166, 168(1),8(1), 169, 172, 173, ), (2), (9), (10), (11), (13), 184, 186, 187, 188, 189(1) a(1) and (2) and 190
thdinance
(all references)
this Act
the Ordinance
the Act
the Ordinance
the Act
section 190
other Ordinance
(all references)
other Act or Ordinance

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


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

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

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’
under the Births, Deaths and Marriages Act 1957,
section 8(2)
Administrator in Council (all references)
Minister
section 9
Births, Deaths and Marriages Act 1957
First Schedule, heading
ISLAND
REPUBLIC

Legitimation Act 1959
First Schedule, paragraph 1
on the

day of
on [date], at

,19
, at
First Schedule, paragraph 2
on the

day of
on [date], at

,19
, at
First Schedule
Declared
at
Declared
at

The

day of

[date]
on

, 19
Second Schedule, heading
ISLAND
REPUBLIC

Legitimation Act 1959
Second Schedule, paragraph 1
on the
day of
on [date], at

, 19 . at
Second Schedule, paragraph 2
on the
day of
on [date], at

, 19 . at
Second Schedule, paragraph 3
on the
day of
on [date].

, 19 . at
Second Schedule, paragraph 4(c)
Administrator in Council
Minister
Second Schedule
Declared
at
Declared
at

The

day of

[date]
on

, 19

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) Is Act:


89.2 Section 2(1) (as renumbered)ered), definition of ‘the Minister’


omit


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(iv>
the District Court
the Court
section 26
the District Court
the Family Court
section 27, heading
Family Court Act 1973
section 27
Family Court Act 1973
section 28(1)
the District Court
the Family Court

Part MAT – Matrimonial Causes Act 1973


[93] Amendments
section 6(1)(a)
he may
Provision
Amendment

omit
substitute
section 4(2)
him
the Chairman
op">
his
(all references)
his or her

<
he
the party
section 6(1)
the person may

therethereto if he wishes
to the suit

he is outside
the person is outside
section 6(2)>
he
(all references)
thson
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

hiiv>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
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 persony the petitioner’s
op">
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


[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’
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
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
,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

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

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


[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

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


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
, v>

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
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

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


this Act


a name="_Toc290402639">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


[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
top">
section 3, heading
Provision
Amendment

omit
substitute
section 2, definition of >‘th16;the Post and Telegraph Act’
Act;
Act.
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
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
Audit Act
Provision
Amendment

omit
substitute
section 3(1)
select
standing
section 7(1)(a)
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


1 Short title


This Act may be cited as the Public Finance (Control and Management) Act 1997.


[131] Further amendments
< op">
Provision
Amendment

omit
substitute
section 2(1), definition >‘#8216;department’
Public Service Act
section 2(1), definition of ‘Government Loans Fund’
Government Loans Act
Goent 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.


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


[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


[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


(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
Schedule, paragraph (e)
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
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 Act 1961,
Schedule, paragraph (c)
>
Survey Act 1961;
on the
day
[date].
of
19

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

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


[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)(iv>
connexion
connection
sec7(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
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

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


[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


[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


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 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

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 (Sequestration) Act 2004
Nauru Housing Fund Supply Act 1968
Nauru Local Council Guarantee Act 1968
Nauru Local Government Council Act 1951-1985
Nauru Local Government Council Dissolution Act 1992
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)
Phosphate Industry Finance Act 1968
Republic of Nauru Finance Corporation (Repeal) Act 2009


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