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Maritime Security Act 2019


REPUBLIC OF NAURU
MARITIME SECURITY ACT 2019

_____________________________

No. 31 of 2019
______________________________


An Act to make provision for improved Maritime Security and for related purposes.


Certified: 20th December 2019

Table of Contents

PART 1 – PRELIMINARY
1 Short Title
2 Commencement
3 Objectives
4 Application
5 Interpretation


PART 2 – ADMINISTRATION AND GENERAL PROVISIONS
6 General duties and powers
7 Security Levels
8 Declarations of Security
9 Equivalent Security Arrangements
10 Verification and Certification
11 Maritime security guards
12 Recognised Security Organisations
13 Incident Reporting
14 Information Gathering
15 Identity Documents
16 Offences under Part 2


PART 3- SHIP SECURITY
17 Obligations of Companies
18 Obligations of company security officers
19 Obligations of Ship Security Officers
20 Obligations of masters
21 Ship Security Plans
22 Offences under Part 3


PART 4 - PORT SECURITY
23 Obligations and powers of port facility operators
24 Obligations of port facility security officers
25 Port facility security plans
26 Port Security Areas
27 Screening
28 Notification of Entry into Ports
29 Control of Ships
30 Offences under Part 4


PART 6- MISCELLANEOUS PROVISIONS
31 Appeal
32 Records
33 Prosecution and proof
34 Injunctions
35 Protection from liability
36 Regulations
37 Consequential amendments
38 Savings


SCHEDULE


Enacted by the Parliament of Nauru as follows:

PART 1 – PRELIMINARY

  1. Short Title

This Act may be cited as the Maritime Security Act 2019.

  1. Commencement

This Act commences on 1 February 2020.

  1. Objectives

The objectives of this Act are to:


(a) enhance security on Nauruan ships and in Nauru waters;

(b) safeguard maritime operations against unlawful acts;

(c) protect persons, property and the environment from dangers arising from unlawful acts; and

(d) comply with Nauru’s international maritime security obligations, particularly under SOLAS and SUA.
  1. Application

(1) Subject to subsections (2) and (3), this Act applies to:


(a) Nauruan ships over 500gt which engage on international voyages and the companies who owns such ships;

(b) foreign ships over 100gt in Nauru waters;

(c) Nauru ports that serve ships of a type specified in paragraph (a); and

(d) other ships and ports prescribed by regulations.

(2) Subject to subsections (3) and (4), this Act does not apply to:

(3) Section 13 applies to:
  1. Interpretation

‘aid to navigation’ means a device, system, service or facility, external to ships, specifically intended to assist ships to determine their position or safe course, or to warn of dangers or obstructions to navigation;


‘AIS’ means a property functioning automatic identification system complying with the requirements of SOLAS regulation V/19;


‘alternative security arrangement’ means an international agreement as described in SOLAS regulation XI-2/11;


‘amendment’ means:


(a) in relation to a ship security plan, an amendment to that ship security plan ; or

(b) in relation to a port facility security plan, an amendment to that port facility security plan

‘ammunition’ means any projectile that is designed or has the capability to cause death, serious bodily injury or substantial material damage if propelled or launched from a weapon;


‘appealable decision’ means:


(a) a decision by the Authority to refuse to approve:

(b) a failure by the Authority to refuse or approve:

within a reasonable time;


(c) a decision by the Authority to vary or cancel an approved plan;

(d) a decision to cancel a certificate;

(e) a decision by the Authority refusing to issue a SID; or

(f) a failure by the Authority to grant or refuse to issue a SID within a reasonable time.

‘approved plan’ means:

(a) in relation to a ship, a ship security plan, or amendment that has been approved by the Authority; or

(b) in relation to a port, a port facility security plan or amendment that has been approved by the Authority, -

and includes, where appropriate, a physical or electronic copy of the instrument of approval;


‘authorised person means:

(a) a maritime security guard;

(b) a customs officer;

(c) a police officer;

(d) an immigration officer;

(e) a quarantine officer;

(f) a port facility security officer;

(g) a ship security officer;

(h) an employee or officer of the Authority;

(i) an employee or officer of a port facility operator;

(j) a visitor; or

(k) any other person prescribed by regulations or required to perform any official duties for the purposes of giving effect to this Act and regulations;

‘Authority’ means the Nauru Maritime and Port Authority established under the Ports and Navigation Act 2019;


‘C185’ means the Seafarers’ Identity Documents Convention (Revised), done at Geneva on 19 June 2003; and includes all:


(a) Annexes and Appendices to that Convention;

-

(b) amendments to that Convention; and;

(c) Protocols to that Convention;

‘Code’ means the International Code for the Security of Ships and of Port Facilities, consisting of Part A (‘Part A’) (the provisions of which are mandatory) and Part B (‘Part B’) (the provisions of which are recommendatory), as adopted, on 12 December 2002, by resolution 2 of the Conference of Contracting Governments, and as may be amended by the IMO, provided that:


(a) amendments to Part A are adopted, are brought into force, and take effect in accordance with SOLAS article VIII concerning the amendment procedures applicable under the Annex of SOLAS other than chapter 1 of that Annex; and

(b) amendments to Part B are adopted by the Maritime Safety Committee of the IMO in accordance with its Rules of Procedure;

‘certificate’ means an International Ship Security Certificate or an Interim International Ship Security Certificate certifying that a ship is compliant with the Code, issued in accordance with section 19, Part A of the Code;


‘company’ means the owner of the ship or any other person who has assumed the responsibility for the operation of the ship from the owner of the ship and who, on assuming such responsibility has agreed to take over all the duties and responsibility imposed by the Code;


‘company security officer’ means the person so designated by the Company for ensuring that a ship security assessment is carried out; that a ship security plan is developed, submitted for approval, and thereafter implemented and maintained and for liaison with port facility security officers and the ship security officer;


‘compliance information’ means information that relates to compliance, or failure to comply, with this Act;


‘contiguous zone’ means the contiguous zone as defined under Section 5(1) of the Sea Boundaries Act 1997;


‘contravene’ includes fail to comply;


‘control’ in relation to a prohibited item, means having control (whether alone or jointly) over the management or disposition of the prohibited item (whether or not also having possession of the prohibited item);


‘control measures’ means one or more of:


(a) inspection of the ship or the ships security records for the purpose of ascertaining compliance with the certification requirements of the Act, if the ship is in Nauru waters;

(b) directing the ship to, and detaining the ship in, a particular location in Nauru waters for a specified period or until a specified event occurs;

(c) restriction of operations of the ship in Nauru waters, including movement within a port; and

(d) denial of entry, or removal of the ship from, a port;

‘control point’ means a point in or adjacent to a Nauru port or port facility at which screening is to take place or is taking place;


‘Court’ means the Supreme Court of Nauru;


‘CSR’ means a continuous synopsis record issued by a flag administration in accordance with SOLAS regulation XI-1/5;


‘customs officer’ has the same meaning as in the Customs Act 2014;


‘death’ means the death of a person;


‘declaration of security’ means an agreement between a ship and:


(a) a port facility with which there is a ship-port interface; and

(b) another ship with which there is a ship-ship activity, -

that specifies the security measures each shall implement in specified circumstances;


‘Director’ means the Director of Maritime Services of the Authority;


‘disappearance’ means the disappearance of a person;


‘equivalent security arrangements’ means arrangements allowed under Section 9;


‘explosive or other lethal device’ means:


(a) an explosive or other incendiary device that is designed or has the capability to cause death, serious bodily injury or substantial material damage; or

(b) a device that is designed, or has the capability, to cause death, serious bodily injury or substantial material damage through the release, dissemination or impact of any liquid or gas, biological agent, toxin or other noxious substance or radiation or radioactive materials;

‘flag administration’ means the authority responsible for registration of ships in a jurisdiction;


‘flag state’ means the state whose flag a ship flies or is entitled to fly;


‘floating production storage and offloading unit’ means a ship that is:


(a) constructed or modified to accept hydrocarbons, directly or indirectly, from a sub-sea well, reservoir or pipeline;

(b) capable of storing or processing the hydrocarbons and delivering them to another ship or pipeline; and

(c) designed to be disconnected from its mooring during bad weather, operational emergencies, or for the purpose of maintenance or survey,

but does not include a facility that is designed to remain permanently moored for the production life of the related hydrocarbon resource;


‘foreign port’ means a port that is not a Nauru port;


‘foreign ship’ means a ship that is not a Nauruan ship;


‘Guidelines’ means the IMO Guidelines on the preservation and collection of evidence following an allegation of a serious crime having taken place on board a ship or following a report of a missing person from a ship, and pastoral and medical care of persons affected, as amended or replaced;


‘Immigration Officer’ has the same meaning as in the Immigration Act 2014;


‘IMO’ means the International Maritime Organization established by the IMO Convention;


‘IMO Convention’ means the International Maritime Organization done at Geneva on 6 March 1948;


‘IMO number’ means the ship identification number allocated on behalf of the IMO under the IMO ship identification number scheme;


‘inspect’ includes:


(a) in relation to any physical or electronic document, copying of that document; and

(b) in relation to any other thing:

‘Inspector’ has the same meaning as in the Ports and Navigation Act 2019;


‘international voyage’ means a voyage from a State to a port outside that State;


‘maritime security guard’ means a person so appointed under Section 11(1);


‘master’ means the person (except a pilot) who has command or charge of a ship and includes officers or crew members to whom the master has delegated any function relevant to the Act;


‘mobile offshore drilling unit’ means a mechanically propelled mobile offshore drilling unit as defined in SOLAS regulation IX/1, not on location;


‘MSIC’ means a Maritime Security Identification Card in a form prescribed by regulations;


‘Nauru port’ has the same meaning as in the Ports and Navigation Act 2019;


‘Nauruan ship’ means a ship registered or required to be registered under the:


(a) Shipping Registration Act 1968; or

(b) Shipping (Registration of Foreign Vessels ) Act 2018;

Nauru waters’ means:

(a) the territorial sea, as defined under Section 4 of the Sea Boundaries Act 1997; and

(b) all waters on the landward side of the territorial sea, including the waters of a Nauru port;

‘official report’ means a report required to be made under Section 13;


‘passenger ship’ means a ship that carries more than 12 passengers;


‘pleasure craft’ has the same meaning as in the Ports and Navigation Act 2019;


‘police officer’ has the same meaning as in the Nauru Police Force Act 1972;


‘port facility’ means:

(a) every location:

where a ship-port interface takes place, including anchorages, waiting berths, and approaches from seaward; and


(b) fixed and floating platforms;

‘port facility operator’ means:

(a) the Authority; or

(b) where the Authority is not responsible for the overall management of the port facility:

(ii) any other person who is, for the time being, responsible for the management of the port facility;

‘port facility security assessment’ means an assessment in accordance with section 15, Part A of the Code;


‘port facility security officer’ means the person so designated by a port facility operator as responsible for the development, implementation, revision and maintenance of the port facility security plan and for liaison with ship security officers and company security officers;


‘port facility security plan’ means a plan developed to ensure the application of measures designed to protect the port facility and ships, persons, cargo, cargo transport units and ships stores within the port facility from the risks of a security incident;


‘port security area’ means an area so declared under Section 26(1);


‘possession’ in relation to a thing, means receiving or obtaining custody of the thing (whether alone or jointly);


‘port state’ means the state in which, or in whose waters, a port is located;


‘prohibited item’ means:

(a) a weapon;

(b) an explosive or other lethal device;

(c) ammunition; or

(d) any other item prescribed by regulations;

‘quarantine officer’ has the same meaning as in the Agricultural Quarantine Act 1999;


‘record’ means a record or document required to be made under this Act;


‘recognised security organisation’ means an organisation so prescribed by regulations;


‘reportable crime’ means an actual or suspected crime on a ship:

(a) being an offence under Division 10.3 of the Crimes Act 2016; or

(b) being an offence under Counter Terrorism and Transnational Organised Crime Act 2004;

(c) being a cognisable offence within the meaning of Section 10(1) of the Criminal Procedure Act 1972; or

(d) involving a serious incident;

‘screen’ means a process of inspection or search, including by the use of:

(a) an electronic, mechanical or other device; or

(b) any animal;

‘seafarer’ means any person who is employed or is engaged or works in any capacity on board a ship, other than warships, ordinarily engaged in maritime navigation;


‘security incident’ means any suspicious act or circumstance threatening the security of a:

(a) ship;

(b) port facility;

(c) ship-port interface; or

(d) ship-ship activity, -

but does not include the lawful exercise of any right to demonstrate, protest or strike;


‘security level’ means any of security level 1, security level 2 or security level 3 and set:

(a) in the case of a Nauru port facility or Nauruan ship, under Section 7(1);

(b) in the case of foreign ships, by the competent authority of the flag state; or

(c) in the case of foreign ports, by the competent authority of the port state;

‘security level 1’ means the level for which minimum appropriate protective security measures shall be maintained at all times;


‘security level 2’ means the level for which appropriate additional protective security measures shall be maintained for a period of time as a result of heightened risk of a security incident;


‘security level 3’ means the level for which further specific protective security measures shall be maintained for a limited period of time when a security incident is probable or imminent, although it may not be possible to identify the specific target;


‘serious incident’ means:

(a) death;

(b) disappearance;

(c) serious injury;

(d) unlawful sexual intercourse; or

(e) any other matter prescribed by regulations;

‘serious injury’ means serious injury to bodily, mental or physical health;


‘serious security incident’ means a security incident of a serious nature involving, for example:

(a) death, disappearance or serious injury or imminent risk of death or serious injury;

(b) serious property damage or risk of serious property damage;

(c) unauthorised access to restricted areas within a ship or port security areas for suspected threat-related reasons;

(d) unauthorised carriage or discovery of stowaways, weapons, explosive or other lethal devices;

(e) receipt of threats concerning explosive or other lethal devices;

(f) attempted or successful boarding of ships; or

(g) damage to ships or port facilities caused by explosive or other lethal devices, sabotage or arson;

‘sexual intercourse’ has the same meaning as provided under the Crimes Act 2016;


‘ship’ means:

(a) any type of vessel or other watercraft;

(b) mobile or offshore drilling units;

(c) floating production storage and offloading units; and

(d) high speed craft as defined in SOLAS regulation X/1.2;

‘ship-port interface’ means the interactions that occur when a ship is directly and immediately affected by actions involving the movement of persons, goods or the provision of port services to or from the ship;


‘ship security assessments’ means an assessment in accordance with section 8, Part A of the Code;


‘ship security officer’ means the master or another person on board the ship, accountable to the master, designated by the company as responsible for the security of the ship, including implementation and maintenance of the ship security plan and for liaison with the company security officer and port facility security officers;


‘ship security plan ’ means a plan developed to ensure the application of measures on board the ship designed to protect persons on board, cargo, cargo transport units, ship’s stores or the ship from the risks of a security incident;


‘ship-ship activity’ means any activity not related to a port that involves the transfer of goods or persons from one ship to another;


‘SID’ means a Seafarers Identity Document issued in accordance with C185 and in the form set out in Annex I;


‘SOLAS’ means the International Convention for the Safety of Life at Sea, done at London on 1 November 1974; and includes:

(a) the Annex and Appendix to that Convention;

(b) all amendments of that Convention; and

(a) all protocols to that Convention;

‘SSAS’ means a properly functioning ship security alert system:


(a) capable of being activated from the bridge and from at least one other location on the ship selected as to prevent inadvertent activation;

(b) conforms to any performance standards prescribed by IMO and by regulations;

(c) when activated, initiates a ship-to-shore alert (‘alert’) to:

identifying the ship, its location and indicating that the security of the ships has been compromised or is under threat;


(d) that, when activated, does not send the alert to any other ship;

(e) that, when activated, does not raise any alarm on board the ship; and

(f) continues the alert until deactivated or reset;

‘SUA’ means the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, done at Rome on 10 March 1988; and includes:


(a) the Annex and Appendix to that Convention;

(b) all amendments to that convention; and

(c) all protocols to that Convention;

‘threat’ means a threat to maritime security including:


(a) piracy and armed robbery against ships;

(b) terrorist acts against shipping, offshore installations and other maritime interests;

(c) illicit trafficking in weapons;

(d) illicit trafficking in narcotic drugs and psychotropic substances;

(e) smuggling and trafficking of persons by sea;

(f) illegal, unreported and unregulated fishing; and

(g) international and unlawful damage to the marine environment;

‘unauthorised person’ means a person who is not an authorised person;


‘visitor’ means a person to whom a visitor pass has been issued under Section 15(1)(d);


‘verification’ means verification of ships in accordance with regulation 19.1, SOLAS;


‘weapon’ means a firearm, explosive or other potentially lethal device or item including any firearm, explosive, device or item that:


(a) is dismantled; or

(b) is not capable of:

but that by its completion, replacement of any part, correction or repair, would be so capable.

(2) In this Act, unless the context otherwise requires, terms not defined in this Act shall have the same meaning as in SOLAS chapters I and XI-2.

PART 2 – ADMINISTRATION AND GENERAL PROVISIONS

  1. General duties and powers
  2. Security Levels
  3. Declarations of Security
  4. Equivalent Security Arrangements
  5. Verification and Certification
  6. Maritime security guards
  7. Recognised Security Organisations

every recognised security organisation from time to time.


  1. Incident Reporting
  2. Information Gathering

the compliance information is to be provided.


(3) A person is not excused from compliance with a requirement under this Section on the basis that the information so provided might incriminate the person or expose him or her to a penalty.

(4) Any information provided in compliance with a requirement under this Section is not admissible in a criminal proceeding other than a proceeding under this Act or the Counter Terrorism and Transnational Organised Crime Act 2004.
  1. Identity Documents
  2. Offences under Part 2

PART 3- SHIP SECURITY

  1. Obligations of Companies

fulfil their duties and responsibilities and are provided with such training, information and support necessary to fulfil their duties and responsibilities, under Part A of the Code and this Act.


(5) The information provided under subsection (4) shall:

(6) The company of a Nauruan ship shall ensure that the ship security officer:

(7) The company of a Nauruan ship shall not constrain the master from taking or executing any decision which, in the professional judgement of the master, is necessary to maintain the safety and security of the ship.

(8) A company shall:

(9) The company of a Nauruan ship shall ensure that before a master takes responsibility of the ship, that ship:

(10) The company of a Nauruan ship shall document, review, accept and retain for no less than 7 years, records relating to each ship security assessment.
  1. Obligations of company security officers

A company security officer shall:


(a) ensure that a ship security assessment is carried out for each ship and periodically reviewed;

(b) fulfil the duties and responsibilities set out in section 11.2, Part A of the Code;

(c) co-ordinate implementation of ship security plans with ship security officers; and

(d) ensure the effective coordination and implementation of ship security plans by co-ordinating and participating in drills and exercises at appropriate intervals, taking into account the guidance set out in Part B of the Code.
  1. Obligations of Ship Security Officers

A security officer of a Nauruan ship shall:


(a) fulfil the duties and responsibilities set out in section 12.2, Part A of the Code; and

(b) ensure that records of activities addressed in the ship security plan as set out in section 10.1, Part A of the Code are held on board for no less than 7 years.
  1. Obligations of masters

shall provide documents and records required under Sections 28 and 29.


(3) Where, in the professional judgement of a master, there is a conflict between any requirements under this Part and the safety of the ship, the master shall:

(4) The master of a Nauruan ship shall ensure that the ship complies with the requirements under Section 17(9) when the master takes responsibility for the ship.

(5) A master shall ensure that AIS is in operation at all times while in Nauru waters except where applicable international agreements, rules or standards provide for the protection of navigation information.

(6) The master of a:

on which a reportable crime has been committed or is suspected of being committed, shall act to preserve evidence in accordance with the Guidelines.


  1. Ship Security Plans
  2. Offences under Part 3

PART 4 - PORT SECURITY

  1. Obligations and powers of port facility operators

shall have knowledge and are provided with training, information and support necessary to fulfil their duties and responsibilities under and otherwise comply with, Part A of the Code.


(2) A port facility operator shall have such powers in relation to security as may be prescribed by regulations.
  1. Obligations of port facility security officers

the port facility security officer and the ship security officer shall liaise and co-ordinate appropriate actions.


  1. Port facility security plans
  2. Port Security Areas
(11) For the purpose of subsection (10), a maritime security guard and any person called upon to assist such maritime guard may use any force as is reasonably necessary to remove or detain an unauthorised person.
  1. Screening
  2. Notification of Entry into Ports
  3. Control of Ships

the Inspector shall first attempt to establish communication with the ship in order to rectify such non-compliance.

(5) Where communication under subsection (4) does not result in rectification of the non-compliance, the Inspector may take one or more of the following steps:

(6) A ship may be denied entry pursuant to subsection (5)(b) despite any other written law.

(7) Where a ship is removed from a port facility under subsection (5)(b), the port facility operator shall cease providing services to that ship if so directed by the Authority.

(8) Where a ship is detained under subsection (5)(b):

(9) Subsections (1), (2) and (3) shall cease to apply if the master withdraws the ship’s intention to enter a Nauru port.

(10) In the event that control measures are imposed, the Authority shall inform:
  1. Offences under Part 4

commits an offence and upon conviction is liable to a fine not exceeding $10,000.00 or to a term of imprisonment not exceeding 12 months and to both.

(10) No unauthorised person shall access or remain in a port security area.

(11) An unauthorised person who contravenes subsection (10) commits an offence and upon conviction is liable to a fine not exceeding $10,000.00 or to a term of imprisonment not exceeding 12 months or to both.

(12) No person shall disclose or allow access to a port facility security plan for a Nauru port unless he or she is duly authorised to do so.

(13) A person who contravenes subsection (13) commits an offence and upon conviction is liable to a fine not exceeding $25,000.00 or to a term of imprisonment not exceeding 24 months or to both.

(14) For the purpose of Section 28, no master shall make a statement or provide a document, whether orally or in writing, that is false or misleading in a material particular.

(15) A master who contravenes subsection (14) commits an offence and upon conviction is liable to a fine not exceeding $25,000.00 or to a term of imprisonment not exceeding 24 months or to both.

(16) The offences in this Section are offences of strict liability.

PART 6- MISCELLANEOUS PROVISIONS

  1. Appeal
  2. Records
  3. Prosecution and proof
  4. Injunctions
  5. Protection from liability

Other than as specifically provided by this Act, the Chief Executive Officer, Director, port facility security officers, maritime security officers or any other officer of the Authority is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise of a power or function under this Act.


  1. Regulations
  2. Consequential amendments

The Schedule to this Act amends the Acts mentioned in it.


  1. Savings

or any other written law.


(2) Nothing in this Act limits the right of the Republic to take additional measures for national defence or security.

(3) Nothing in this Act limits the application of the laws of the Republic to a ship in a Nauru port.

(4) Nothing in this Act limits the rights which may be exercised at international law by the Republic on the high seas.

(5) Nothing in Parts 2, 3 or 4 affects the operation of alternative security arrangements, provided that no Nauruan ship may conduct any ship-ship activity with another ship not covered by the alternative security arrangement.

(6) Nothing under Section 15(1)(b) affects any obligations of the Republic under international arrangements in relation to refugees or stateless persons.

SCHEDULE


AMENDMENTS


  1. Counter Terrorism and Transitional Organised Crime Act 2004
  2. In Section 2(1):

‘aid to navigation’ means a device, system, service or facility, external to ships, used to enhance the safe and efficient navigation of individual ships or traffic among ships;


‘Nauruan aircraft’ has the same meaning as provided under Section 6 of the Crimes Act 2016;


‘Nauruan ship’ has the same meaning as provided under Section 6 of the Crimes Act 2016;


‘SUA Convention and Protocol’ means the Convention for the Suppression of Unlawful Acts of Violence Against the Safety of Maritime Navigation done at Rome on 10 March 1988 and its 2005 Protocol;


‘threat’ means a threat directly or indirectly communicated by words (written or spoken) or by conduct, or partly by words and partly by conduct, and includes a contingent or conditional threat;


(b) omit in the definition of ‘fixed platform’ the word ‘permanently’.
  1. In Division 7, omit from the title ‘Maritime Safety’ and substitute ‘SUA Convention and Protocol’
  2. In Section 50(1)(a),

‘seize, or exercise control over, a ship or fixed platform by force or threat of force or other form of intimidation; or’


(b) substitute:

‘seize or exercise control over:

(i) a ship;
(ii) a person on board a ship;
(iii) any cargo on board a ship;
(iv) a fixed platform;
(v) a person on a fixed platform;
(vi) an aid to navigation; or
(vii) a person operating an aid to navigation,

by force or threat of force, any form of intimidation or by deception: or’


  1. In Section 50(1) (b), insert after the word ‘navigation’ the words ‘or operation’
  2. In Section 50(1)(c), omit the words ‘ship or fixed platform’ and substitute ‘ship or its cargo or fixed platform or aid to navigation’
  3. In Section 50(1)(d), insert before the word ‘cause’ the words ‘remove or’
  4. In Section 50(1)(d), insert after the word ‘platform’ where it first appears the words ‘or an aid to navigation’
  5. In Section 50(1)(d), omit wherever it appears the word ‘the’ and substitute with ‘a’
  6. In Section 50(1)(e), omit the words ‘place, or cause to be placed, on a ship or fixed platform a device or substance, likely:’ and substitute ‘deliver, place, discharge or detonate, on or nearby a ship, fixed platform or aid to navigation any:

likely to bring about any of the outcomes described in paragraphs (c) or (d); or


  1. Omit Section 50(1) (e) (i)
  2. Omit Section 50(1) (e)(ii)
  3. In Section 50(1) (f), omit and substitute as follows:

‘(e) engage in any conduct that is likely to or does:

(i) interfere with any navigational, life support, emergency response or other safety equipment on board a ship or fixed platform;
(ii) endanger the safe operation or navigation of a ship,
(iii) result in the unlawful detention of a person or ship;
(iv) endanger or cause substantial damage to property or the environment; or’
  1. In Section 50(1)(g), insert after the word ‘safe’, the words ‘operation or’
  2. In Section 50(1), insert after the word ‘life’, the words ‘and $50,000.00’
  3. In Section 50(2):
  4. Insert new subsections 50(3), (4) and (5):

‘(3) A person shall not, with the intention of intimidating a population, or to compel a government or an international organisation to do or refrain from doing any act:


(a) use against, or on or from, a ship, fixed platform or aid to navigation, any explosive or other lethal device or weapon; or
(b) discharge any noxious liquid, gas or other substance; or
(c) use a ship in a manner that causes death, serious injury or damage; or
(d) threaten to commit an offence mentioned in paragraph (a), (b) or (c).

Maximum penalty: Imprisonment for life and $50,000.00’


(4) A person shall not, with the intention of assisting another person to evade arrest or prosecution for an offence under this section, transport that person on board a ship.


Maximum penalty: Imprisonment for life and $50,000.00’


(5) Reasonable acts to rescue a person or to recover a ship or property or to regain lawful control of a ship or fixed platform or aid to navigation shall not be held to constitute offences under subsection (1), (2), (3) or (4).’


  1. In Section 51(1):
  2. In Section 51(1) (b) , omit the word ‘State’ and substitute ‘country; or’
  3. Insert new Section 51(1) (c):

‘(c) deliver the person to a police officer.’


  1. In Section 51(2), omit the words ‘The master of the ship shall:’ and substitute:

The master of a Nauruan ship who intends to deliver a person under subsection (1) shall, as soon as reasonably practicable and if possible before entering the territorial sea of the other Convention country:


  1. In Section 51(2) (a) , omit the words ‘State before delivering the person’ and substitute

‘country of his intention to deliver the person’

  1. In Section 51(2), omit the word ‘life’ and substitute ‘5 years and $25,000.00’

  1. Omit 51(3)
  2. In Section 71(a)(ii), omit the words ‘ship or aircraft registered in Nauru’ and substitute

‘Nauruan ship or Nauruan aircraft, wherever located’


  1. In Section 71(a)(iii), omit the word ‘and’ and substitute ‘or’
  2. Insert new Section 71(1)(a) (iv):

‘(iv) is committed on or against a fixed platform licensed by or operating within Nauru; and’


  1. In Section 71(b)(i), insert after the words ‘in Nauru’, the words ‘or a stateless person’
  2. In Section 71(b)(iv), insert before the word ‘originates’, the words ‘is committed by a person during a journey that’
  3. In Section 76, insert new subsection (4):

‘(4) Where:

(a) a company is found guilty of an offence under this Act; and

(b) the only penalty stated for the offence is a term of imprisonment, -

the Court may impose a fine that it considers appropriate reflecting the grave nature of the offences for which this Act provides.’


  1. Crimes Act 2016
    1. In Section 217(2), insert after the word ‘depredation’, ‘Committed for private ends by the Crew or passengers of a private ship or aircraft, and directed’
    2. In Section 217(2)(a), omit and substitute: ‘if the act is done on the high seas or in the coastal sea of Nauru- against another ship or aircraft, or against persons on board such ship or aircraft; or’
    3. In Section 217(2)(b), omit and substitute ‘if the act is done in a place, other than the high seas, beyond the territorial jurisdiction of any State- against a ship, aircraft, persons or property.’
    4. Omit Section 217(2)(c).

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