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Interpretation (Consequential Amendments) Bill 2011

REPUBLIC OF NAURU

Interpretation (Consequential Amendments) Bill 2011

EXPLANATORY MEMORANDUM

The Interpretation (Consequential Amendments) Bill 2011 is a Bill for an Act to make amendments of a consequential nature to various Acts following the enactment of the Interpretation Act 2011 (the 'new Act'). The amendments fall into 3 categories:

1. Amendments to terms used in Acts that were defined in the Interpretation Act 1971 (the 'repealed Act') and are defined differently, or not defined, in the new Act.

2. Amendments to terms used in Acts that were not defined in the repealed Act but are defined in the new Act.

3. Amendments to update obsolete cross-references to the repealed Act.

Explanation of clauses

Clauses 1 and 2 provide for the short title and commencement of the Act.

Clauses 3 enables the Schedule, which amends the Acts mentioned in it.

SCHEDULE

Part 1 – Agricultural Quarantine Act 1999

A reference in the Agricultural Quarantine Act 1999 to 'the Island of Nauru' is amended to simply read 'the Island' – the term 'Island' is defined in the new Act to mean the 'island of Nauru'.

Part 2 – Cemeteries Act 1922

References in the Cemeteries Act 1922 to 'the Island of Nauru' are amended to refer simply to Nauru. This extends the application of provisions about authorised places of burial to the internal waters and territorial sea. It also removes the antiquated use of 'the Island of Nauru' in the context of aboriginal natives of Nauru.

Part 3 – Civil Aviation Act 2011

References to 'Court' (capitalised) in the Civil Aviation Act 2011 are amended to remove the capitalisation. The repealed Act defined 'Court' to mean a court of competent jurisdiction. The new Act does not include such a definition. Where the term is used in the Civil Aviation Act 2011, it could mean either the District Court or the Supreme Court, so it is sufficient to rely on the plain meaning of 'court' rather than define it further.

The Act is further amended to update a cross-reference to the repealed Act.

Part 4 – Counter Terrorism and Transnational Organised Crime Act 2004

The Counter Terrorism and Transnational Organised Crime Act 2004 is amended to clarify that 'import' and 'export' mean 'import to, or export from, Nauru'. The terms were defined in the repealed Act.

Part 5 – Criminal Procedure Act 1972

A reference to 'applied statute' in the Criminal Procedure Act 1972 is replaced with 'adopted Act'. The term 'applied statute' was defined in the repealed Act – the term 'adopted Act', as defined in the new Act, has the same meaning.

Part 6 – Custom and Adopted Laws Act 1971

A reference to a 'written law not being an applied statute' in the Criminal Procedure Act 1972 is replaced with 'Nauru written law' to make use of the newly defined term. The term is defined in the new Act to mean an Act or statutory instrument made by Nauru, rather than an adopted law.

Part 7 – Electoral Act 1965

The Electoral Act 1965 is amended to make use of the definitions of 'lawyer' and 'pleader' in the new Act. The new Act defines 'lawyer' to mean a person admitted to practice as a barrister and solicitor under section 3 of the Legal Practitioners Act 1973 and defines 'pleader' to mean a person entitled to practice as a pleader under section 10 of that Act. The Electoral Act 1965 currently describes these concepts in similar terms because the repealed Act did not contain the necessary definitions.

Part 8 – Explosives Act 1924

The Explosives Act 1924 is amended to clarify that 'import' means 'import into Nauru'. The term was defined in the repealed Act.

Part 9 – Food Safety Act 2005

The Food Safety Act 2005 is amended to add definitions to clarify that 'import' means bring into Nauru and 'export' means take out of Nauru. The terms were defined in the repealed Act.

Part 10 – Government Loans Act 1972

The repealed Act defined 'infant' to mean a person under the age of 21. The new Act does not define the term, but defines 'child' to mean a person under the age of 18. The Government Loans Act 1972 is amended to replace references to 'infant' with references to 'child', which accords with the modern convention that a person has legal capacity in most respects when they turn 18.

Part 11 – Guardianship of Children Act 1975

The repealed Act defined 'infant' and 'minor' to mean a person under the age of 21. The new Act does not define these terms, but defines 'child' to mean a person under the age of 18. The Guardianship of Children Act 1975 is amended to replace references to 'infant' and 'minor' with references to 'a person under the age of 18', which accords with the modern convention that a person has legal capacity in most respects when they turn 18. The term 'child' is not used to avoid confusion given the many references to children who are the subject of guardianship under the Act – the replaced references to persons under the age of 18 are references to parents who are under the age of 18 whose children are the subject of guardianship under the Act.

Part 12 – Illicit Drugs Control Act 2004

A reference in the long title of the Illicit Drugs Control Act 2004 to 'the Island of Nauru' is amended to refer simply to Nauru. The new Act defines 'Island' to mean 'island of Nauru', which does not include the internal waters and territorial sea of Nauru (the new Act defines 'Nauru' to include these). The Illicit Drugs Control Act 2004 applies to the internal waters and territorial sea of Nauru, not just the island itself (for example, it is an offence to import illicit drugs into Nauru, not just the island) so it is misleading for the long title to refer to the Island.

Part 13 – Law Adoption (Customs) Act 1922

References to 'the Island of Nauru' in the Law Adoption (Customs) Act 1922 are amended to refer simply to Nauru. The references reflect the pre-Independence convention of referring to the Territory of Nauru as the Island of Nauru.

Part 14 – Legislation Publication Act 2011

The new Act defines 'lawyer' to mean a person admitted to practice as a barrister and solicitor under section 3 of the Legal Practitioners Act 1973, and defines 'barrister and solicitor' as a person who is entitled to practice under that Act (that is, a person who is both admitted to practice and holds a practicing certificate). The Legislation Publication Act 2011 currently uses the term 'barrister and solicitor', but the intended meaning (which is consistent with paragraph (b) of the same provision) is the same as that provided by the definition of 'lawyer' in the new Act. The Act is amended to make use of this definition.

Part 15 – Litter Prohibition Act 1983

The amendment to the Litter Prohibition Act 1983 repeals and replaces a poorly drafted offence provision and removes the displacement of the common law position about the criminal responsibility of children. Currently, the provision states that a child is not criminally responsible for an offence against the Act unless the child had the capacity to know that their conduct was wrong. At common law, a child under the age of 10 is not criminally responsible for their conduct, and a child between the ages of 10 and 14 is not criminally responsible for their conduct unless they have the capacity to know that the conduct is wrong. However, between the ages of 14 and 18, it is not necessary to prove this knowledge in order to hold a child responsible for criminal behaviour. The amended provision removes the displacement of this common law rule.

Part 16 – Matrimonial Causes Act 1973

The repealed Act defined 'infant' to mean a person under the age of 21. The new Act does not define the term, but defines 'child' to mean a person under the age of 18. The Matrimonial Causes Act 1973 is amended to replace references to 'infant' with references to 'child', which accords with the modern convention that a person has legal capacity in most respects when they turn 18.

Part 17 – Nauru Standard Time Act 1978

The repealed Act contained a provision setting standard time in Nauru. However, the Nauru Standard Time Act 1978 later provided for an alternative method of setting standard time in Nauru, which has been used with the effect that the provision in the repealed Act provided for a different standard time to that actually in effect. The Nauru Standard Time Act 1978 provided for the modification of the repealed Act to accommodate this. The provision for standard time has not been included in the new Act, so time is now dealt with only in the Nauru Standard Time Act 1978. As a result, the provision modifying the repealed Act has been removed entirely.

Part 18 – Notification of Infectious and Contagious Diseases Ordinance 1923

The repealed Act defined 'minor' to mean a person under the age of 21. The new Act does not define the term, but defines 'child' to mean a person under the age of 18. The Notification of Infectious and Contagious Diseases Ordinance 1923 is amended to replace a reference to 'infant' with a reference to 'child' in a provision requiring the parents of a child suffering from a contagious or infectious disease to report the disease on behalf of the child. This means that a person over the age of 18 who is suffering from such a disease will be responsible for reporting it, which accords with the modern convention that a person has legal capacity and responsibility in most respects when they turn 18.

Part 19 – Proceeds of Crime Act 2004

The new Act defines 'barrister and solicitor' to mean a person entitled to practice as a barrister and solicitor under the Legal Practitioners Act 1973 (that is, a person who is both admitted and holds a practising certificate). The amendment to the Proceeds of Crime Act 2004 triggers the definition by replacing 'barrister or solicitor' with 'barrister and solicitor' (emphasis added).

Part 20 – Provident Fund Act 1938

The amendments to the Provident Fund Act 1938 replace obsolete pre-Independence references to the 'Administration' with 'Republic'.

Part 21 – Public Finance (Control and Management) Act 1997

The Public Finance (Control and Management) Act 1997 is amended to remove 2 provisions that make reference to the repealed Act. The first provides for an alternative means of publishing regulations, which is displaced by the provisions about publication in the new Act. The second is a reference to a provision that has no equivalent in the new Act.

Part 22 – Referendum Procedures Act 2009

The Referendum Procedures Act 2009 is amended to replace a reference to the provision of the repealed Act about necessary modifications to adopted laws with a reference to the equivalent provision in the new Act.

Part 23 – Sea Boundaries Act 1997

The term 'Island' is defined in the new Act to mean the 'island of Nauru'. The Sea Boundaries Act 1997 is amended to make use of this definition by replacing a reference to the 'Island of Nauru' with a reference to the 'Island'.

Part 24 – Succession, Probate and Administration Act 1976

The repealed Act defined 'infant' to mean a person under the age of 21. The new Act does not define the term, but defines 'child' to mean a person under the age of 18. The Succession, Probate and Administration Act 1976 is amended to replace references to 'infant' with references to 'child', which accords with the modern convention that a person has legal capacity in most respects when they turn 18.