Nauru 1968 Constitution (reviewed 2015)

PART X. GENERAL

80. Grant of pardons.

The President may-

1. grant a pardon, either free or subject to lawful conditions, to a person convicted of an offence;
2. grant to a person a respite, either indefinite or for a specified period, of the execution of a punishment imposed on that person for an offence;
3. substitute a less severe form of punishment for any punishment imposed on a person for an offence; or
4. remit the whole or a part of a punishment imposed on a person for an offence or of a penalty or forfeiture on account of an offence.

81. Interpretation.

1. In this Constitution, unless the context otherwise requires:
   • “Article” means Article of this Constitution;
     
     “Cabinet” means the Cabinet established under Article 17;

     “Chief Justice” means the Chief Justice of the Supreme Court;

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     “Chief Secretary” means the Chief Secretary of Nauru appointed under Article 25;

     “Court” means a court of law having jurisdiction in Nauru;

     “Existing law” means a law in force in Nauru immediately before Independence Day;

     “Government Gazette” means the Nauru Government Gazette;

     “Independence Day” means the thirty-first day of January, One thousand nine hundred and sixty-eight;

     “Law” includes an instrument having the force of law and an unwritten rule of law and “lawful” and “lawfully” shall be construed accordingly;

     “Minister” means a Minister of the Cabinet;

     “Month” means calendar month;

     “Parliament” means the Parliament of Nauru established under Article 26;

     “Person” includes a body corporate or politic;

     “President” means the President of Nauru;

     “Property” includes a right, title or interest in or over property;

     “Public office” means an office of emolument in the public service;

     “Public officer” means a person holding or acting in a public office;

     “Public service” means, subject to the provisions of this Article, the service of the Republic of Nauru;

     “Schedule” means Schedule to this Constitution;

     “Session” means the period beginning when the Legislative Assembly of Nauru first met on Independence Day or after Parliament has at any time been prorogued or dissolved and ending when next Parliament is prorogued or dissolved;

     “Sitting” means a period during which Parliament is sitting without adjournment;

     “Speaker” means the Speaker of Parliament;

     “Supreme Court” means the Supreme Court of Nauru established under Article 48;

     “Writing” includes any mode of representing or reproducing words in a visible form.
2. In this Constitution-
   1. a reference to an office in the public service does not include-
      1. a reference to the office of President, Minister, Speaker, Deputy Speaker, member of Parliament or Clerk of Parliament;
      2. a reference to the office of a Judge of the Supreme Court; or
      3. except in so far as is prescribed by law, a reference to the office of a member of a council, board, panel, committee or other similar body, whether incorporated or not, established by law; and
   2. a reference to an office of profit in the service of Nauru does not include a reference to the office of President, Minister, Speaker, Deputy Speaker, or member of Parliament.
3. In this Constitution, unless the context otherwise requires, a reference to the holder of an office by an expression designating his office shall be construed as including, to the extent of his authority, a reference to a person for the time being authorised to exercise the powers or perform the functions of that office.
4. In this Constitution, a reference to the total number of members of Parliament is a reference to the number of members of which Parliament consists in accordance with Article 28.
5. In this Constitution, unless the context otherwise requires-
   1. words importing the masculine gender shall be taken to include females; and
   2. words in the singular include the plural and words in the plural include the singular.
6. Where a law is repealed, or is deemed to have been repealed, by, under or by reason of this Constitution, the repeal does not-
   1. revive anything not in force or existing at the time at which the repeal takes effect;
   2. affect the previous operation of the law or anything only done or suffered under the law;
   3. affect any right, privilege, obligation or liability acquired, accrued or incurred under the law;
   4. affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the law; or
   5. affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment,

   and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the law had not been repealed.

7. Where a person is required by this Constitution to take and subscribe an oath, he shall be permitted, if he so desires, to comply with that requirement by making and subscribing an affirmation.

82. Parts, etc., of Constitution.

1. The headings of the Parts into which this Constitution is divided are part of this Constitution.
2. A Schedule to this Constitution is part of this Constitution.
3. The preamble and the marginal notes to this Constitution do not form part of this Constitution.

83. Right to mine phosphate.

1. Except as otherwise provided by law, the right to mine phosphate is vested in the Republic of Nauru.
2. Nothing in this Constitution makes the Government of Nauru responsible for the rehabilitation of land from which phosphate was mined before the first day of July, One thousand nine hundred and sixty-seven.

84. Amendment of the Constitution.

1. This Constitution shall not be altered except in accordance with this Article.
2. This Constitution may be altered by law but a proposed law for that purpose shall not be passed by Parliament unless-
   1. there has been an interval of not less than ninety days between the introduction of the proposed law in Parliament and the passing of the proposed law by Parliament; and
   2. it is approved by not less than two-thirds of the total number of members of Parliament.
3. A proposed law to alter or having the effect of altering the Fifth Schedule or any of the provisions of this Constitution specified in the Fifth Schedule shall not be submitted for the certificate of the Speaker under Article 47 unless, after it has been passed by Parliament, it has been approved by not less than two-thirds of all the votes validly cast on a referendum held, subject to clause (4.) of this Article, as prescribed by law.
4. A person who, at the time the referendum is held, is qualified to vote at an election of members of Parliament, is entitled to vote at a referendum held for the purposes of this Article and no other person is so entitled.
5. A proposed law to alter this Constitution shall not receive the certificate of the Speaker under Article 47 unless it is accompanied by a certificate under the hand of the Clerk of Parliament that the provisions of clause (2.) of this Article have been complied with and, if it is a proposed law to which clause (3.) of this Article applies, by a certificate under the hand of a person prescribed by law stating that it has been approved as provided by that clause.