Constitution

Nauru 1968 Constitution (reviewed 2015)

Table of Contents

PART XI. TRANSITIONAL PROVISIONS

85. Existing laws.

  1. A law in force in Nauru immediately before Independence Day continues in force, subject to this Constitution and to any amendment of that law made by a law enacted under this Constitution or by order under clause (6.) of this Article, until repealed by a law enacted under this Constitution.
  2. A law which has not been brought into force in Nauru before Independence Day may, subject to this Constitution and to any amendment of that law made by law, be brought into force on or after Independence Day and a law brought into force under this clause continues in force subject as aforesaid, until repealed by a law enacted under this Constitution.
  3. Clause (1.) of this Article does not apply to the Nauru Act 1965 of the Commonwealth of Australia, other than sections 4 and 53 of that Act, or to an Act of the Commonwealth of Australia that immediately before Independence Day extended to Nauru as a Territory of that Commonwealth.
  4. The Constitutional Convention Ordinance 1967 of Nauru shall not be amended so as to affect the membership of the Constitutional Convention established under that Ordinance.
  5. Where a matter that, under this Constitution, is to be prescribed or otherwise provided for by law, is prescribed or otherwise provided for by a law continued in force by clause (1.) or (2.) of this Article, that matter has, on and after Independence Day, effect as if it had also been prescribed or provided for by a law enacted under this Constitution.
  6. For the purposes of bringing the provisions of an existing law into accord with the provisions of this Constitution (other than Part II. of this Constitution) the President may, except as otherwise prescribed by law, within a period of two years after Independence Day, make, by order published in the Government Gazette, such adaptations, whether by way of modification of, addition to or omission from those provisions, as he deems necessary or expedient and an order so made has effect, or shall be deemed to have effect, from and including such date, not being a date before Independence Day, as is specified in the order.

86. Adaptation of existing laws.

  1. Subject to this Constitution, a reference in a law continued in force by clause (1.) or (2.) of Article 85 to-
    1. the Governor-General of the Commonwealth of Australia; or
    2. the Minister of State for Territories of the Commonwealth of Australia,

    shall, unless the context otherwise requires, be read as a reference to the President.

  2. Subject to this Constitution, a reference in a law continued in force by clause (1.) or (2.) of Article 85 to the Administrator of the Territory of Nauru shall, unless the context otherwise requires, be read as a reference to the President or where responsibility for the administration of that law is assigned to a Minister under Article 23, to that Minister.
  3. Subject to this Constitution, a reference in a law continued in force by clause (1.) or (2.) of Article 85 to the Administrator of the Territory of Nauru acting in accordance with the advice of the Executive Council of the Territory of Nauru shall, unless the context otherwise requires, be read as a reference to the Cabinet.

87. Existing public officers.

  1. Subject to this Constitution and any law, a person who immediately before Independence Day holds or is acting in a public office shall, on and after Independence Day, hold or act in that office or the corresponding office established by this Constitution on the same terms and conditions as those on which he holds or is acting in the public office immediately before Independence Day.
  2. Nothing in this Article shall be construed as applying to a person who immediately before Independence Day holds or is acting in the office of Administrator, Public Service Commissioner or Official Secretary.

88. Existing legal proceedings.

All legal proceedings pending or incomplete in the Central Court of the Island of Nauru immediately before Independence Day shall stand removed to the Supreme Court, which shall have jurisdiction to hear and determine the proceedings and the judgments and orders of the Central Court of the Island of Nauru given or made before Independence Day shall have the same force and effect as if they had been delivered or made by the Supreme Court.

89. The first Parliament.

  1. The persons who were elected at the election conducted during January, One thousand nine hundred and sixty-eight at the instance of the Constitutional Convention to become members of the Legislative Assembly of Nauru on Independence Day are members of the first Parliament and shall be deemed to have been elected in accordance with this Constitution.
  2. The first Parliament came into existence on Independence Day under the name of the Legislative Assembly of Nauru and continues under the name of Parliament from and including the date on which this clause comes into operation.
  3. The first Parliament shall, unless sooner dissolved, continue for a period of three years from and including Independence Day and shall then stand dissolved.
  4. In this Article, “Constitutional Convention” means the Constitutional Convention established under the Constitutional Convention Ordinance 1967 of Nauru.

90. Powers, privileges and immunities of Parliament.

Until otherwise declared by Parliament, the powers, privileges and immunities of Parliament and of its members and committees shall be those of the House of Commons of the Parliament of the United Kingdom of Great Britain and Northern Ireland and of its members and committees as at the commencement of this Constitution.

91. Vesting of property, etc.

  1. All property and assets which, immediately before Independence Day, were vested in the Administrator of the Territory of Nauru or in the Administration of the Territory of Nauru, vest in the Republic of Nauru.
  2. All rights, liabilities and obligations of the Administrator of the Territory of Nauru or of the Administration of the Territory of Nauru, whether arising out of contract or otherwise, are rights, liabilities and obligations of the Republic of Nauru.

92. Constitutional Convention to continue in existence.

  1. Notwithstanding the coming into force of this Constitution, the Constitutional Convention established under the Constitutional Convention Ordinance 1967 of Nauru shall, subject to this Article, continue in existence during the period of five months after Independence Day or, if the Constitutional Convention approves by resolution a shorter period, during that shorter period.
  2. The Constitutional Convention shall, in lieu of the powers held by it before Independence Day, have the powers conferred on it by clause (3.) of this Article.
  3. The Constitutional Convention may, during the period referred to in clause (1.) of this Article, by resolution approved by a majority of the members of the Constitutional Convention, alter any of the provisions of this Constitution other than this Article and clause (4.) of Article 85.
  4. In this Article, a reference to the members of the Constitutional Convention is a reference to the number of members of which it consists on the day on which the question arises.

93. Agreement of 14 November 1967 relating to Phosphate Industry.

  1. The Agreement made on the fourteenth day of November, One thousand nine hundred and sixty-seven between the Nauru Local Government Council of the one part and the Partner Governments of the other part shall, on and after Independence Day, be construed as an agreement between the Government of the Republic of Nauru of the one part and the Partner Governments of the other part and all rights, liabilities, obligations and interest of the Nauru Local Government Council in or under that Agreement are, on and after Independence Day, rights, liabilities, obligations and interest of the Government of the Republic of Nauru.
  2. In clause (1.) of this Article, “Partner Governments” means the Government of the Commonwealth of Australia, the Government of New Zealand and the Government of the United Kingdom of Great Britain and Northern Ireland.

94. Financial provisions to 30 June 1968.

Notwithstanding the provisions of Part VI. of this Constitution, no moneys shall be withdrawn from the Treasury Fund or any other fund referred to in Article 58 before the first day of July, One thousand nine hundred and sixty-eight, except-

  1. in accordance with the appropriations authorized under the Supply Ordinance 1967- 68 of Nauru or the Appropriation Ordinance 1967-68 of Nauru;
  2. for the purpose of allocating, in respect of each ton of phosphate shipped from Nauru before the first day of July, One thousand nine hundred and sixty-eight, to the funds or for the purposes specified in the Sixth Schedule the amounts so specified; or
  3. under a law enacted in accordance with Part VI. of this Constitution.

95. Transitional provision relating to judges of the Supreme Court.

Notwithstanding clause (3.) of Article 49, until otherwise provided by law, a person is qualified to be appointed a judge of the Supreme Court if-

  1. he is or has been a judge of a court having jurisdiction in some part of the Commonwealth of Australia or in such other place as is approved by Parliament by resolution for the purposes of this Article; or
  2. he is entitled to practise as an advocate in or solicitor of such a court and has been so entitled for not less than five years.

96. Transitional provision relating to Chief Justice.

  1. The powers and functions of the Chief Justice may, until the Chief Justice is first appointed, be exercised or performed by not less than three persons, being persons who, immediately before Independence Day, were magistrates of the Central Court within the meaning of the Nauru Act 1965 of the Commonwealth of Australia.
  2. Notwithstanding clause (1.) of this Article, the powers and functions of the Chief Justice under Articles 69 and 70 may, until the Chief Justice is first appointed, be exercised or performed by a person who, immediately before Independence Day, was a magistrate of the Central Court referred to in clause (1.) of this Article.

97. Director of Audit.

  1. Notwithstanding Article 66, until the Director of Audit is first appointed the Cabinet shall cause to be audited at least once in every year the public accounts of Nauru and the accounts of such public bodies as Parliament by resolution determines.
  2. The Cabinet shall cause a report on the results of an audit under clause (1.) of this Article to be laid before Parliament as soon as practicable after completion of the audit.

98. Transitional provision relating to Superannuation Board.

  1. Until otherwise provided by law, the Superannuation Board established under the Superannuation Ordinance 1966 of Nauru consists of three persons appointed by the Cabinet, of whom one shall be chairman, one shall be an actuary or a person experienced in respect of the investment of moneys and one shall be a person who is a contributor within the meaning of that Ordinance elected by contributors in the manner prescribed by or under law.
  2. Notwithstanding clause (1.) of this Article and until otherwise provided by law, a person who, immediately before this clause comes into effect, is a member of the Superannuation Board referred to in clause (1.) of this Article, shall continue to be a member of the Superannuation Board.

99. Transitional provision relating to the first President and Cabinet.

  1. Notwithstanding anything in Part III. of this Constitution, the first President shall be elected by Parliament at its first sitting held after this Article comes into effect.
  2. The powers and functions of the President and of the Cabinet may, until the first President is elected, be exercised or performed by the Council of State.
  3. In this Article, “Council of State” means the Council of State of Nauru in existence immediately before Part III. of this Constitution relating to the President and the Executive comes into effect.

100. Transitional provision relating to Chief Secretary.

Notwithstanding Article 25, the person who, immediately before this Article comes into effect, holds the office of Chief Secretary shall hold the office of Chief Secretary established by this Constitution. [Inserted 17.5.68.]