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 1973
Part MAO – Maintenance Ordinance 1959-1967
Part MAT – Matrimonial Causes Act 1973
Part ME – Mentally-disordered Persons Ordinance 1963-1967
Part NA – Nauru Antiquities Ordinance 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 1976
Part PAR – Parliament of Nauru (Register of Interests) Act 2004
Part 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.

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.

(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.

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.

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

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.	
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 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.

[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

[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)

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

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

omit

Department of External Affairs

substitute

department responsible 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 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

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	

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	

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’	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	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 Ordinance 1959	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)	In this Act:

89.2 Section 2(1) (as renumbered), 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(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	

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	
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

[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	
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	, 2	

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	

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

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

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	
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

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.

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

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 Ordinance 1961 hereby	Survey Act 1961,	
Schedule, paragraph (c)	Survey Ordinance 1961;	Survey Act 1961;	
Schedule, paragraph (e)	on the	day	on [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)(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	
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 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	

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