Nauru 1968 Constitution (reviewed 2015)

PART IX. EMERGENCY POWERS

77. Declaration of emergency.

1. If the President is satisfied that a grave emergency exists whereby the security or economy of Nauru is threatened he may, by public proclamation, declare that a state of emergency exists.
2. A declaration of emergency lapses-
   1. if the declaration is made when Parliament is sitting, at the expiration of seven days after the date of publication of the declaration; or
   2. in any other case, at the expiration of twenty-one days after the date of publication of the declaration,

   unless it has in the meantime been approved by a resolution of Parliament approved by a majority of the members of Parliament present and voting.

3. The President may at any time revoke a declaration of emergency by public proclamation.
4. A declaration of emergency that has been approved by a resolution of Parliament under clause (2.) of this Article remains, subject to the provisions of clause (3.) of this Article, in force for twelve months or such shorter period as is specified in the resolution.
5. A provision of this Article that a declaration of emergency lapses or ceases to be in force at a particular time does not prevent the making of a further such declaration whether before or after that time.

78. Emergency powers.

1. During the period during which a declaration of emergency is in force, the President may make such orders as appear to him to be reasonably required for securing public safety, maintaining public order or safeguarding the interests or maintaining the welfare of the community.
2. An order made by the President under clause (1.) of this Article-
   1. has effect notwithstanding anything in Part II. of this Constitution or in Article 94;
   2. is not invalid in whole or in part by reason only that it provides for any matter for which provision is made under any law or because of inconsistency with any law; and
   3. lapses when the declaration of emergency lapses unless in the meantime the order is revoked by a resolution of Parliament approved by a majority of the members of Parliament present and voting.
3. The revocation or lapsing of an order made by the President under clause (1.) of this Article does not affect the previous operation of that order, the validity of anything done or omitted to be done under it or any offence committed or penalty or punishment incurred.

79. Restriction on detention.

1. For the purposes of this Article there shall be an advisory board consisting of the Chief Justice, one person nominated by the Chief Justice and one person nominated by the Cabinet.
2. A person detained under an order under Article 78 shall, as soon as practicable, be informed of the reasons for his detention and be brought before the advisory board and permitted to make representations against his detention.
3. No person shall be detained under an order under Article 78 for a period exceeding three months unless that person has been brought before the advisory board and any representations made by him have been considered by it and it has within that period determined that there is sufficient cause for the detention.